22. Alcohol Policy
22.1 Only alcohol purchased on board the vessel may be consumed on board. Any alcohol not purchased on board will be collected prior to boarding and returned to the Passenger the day before disembarkation. 22.2 The Passenger agrees at all times to drink safely and responsibly whilst on board the vessel. 22.3 FOCL and any other relevant party responsible for providing services as part of a Holiday and their Passengers must comply at all times (including when on board a vessel outside British waters) with all applicable laws on the sale and purchase of alcohol, including, without limitation, as set out in the Licensing Act 2003. FOCL will not serve alcohol to any person under the age of 18, and no person under the age of 18 may consume alcohol on board the vessel. FOCL may, at its sole discretion, refuse to serve, sell or supply a Passenger with alcohol at any time and for any reason. 22.4 FOCL and any other operator responsible for providing services as part of a Holiday reserve the right, in their sole discretion, to confine a Passenger to their Cabin; breathalyse the Passenger; take blood samples from the Passenger; treat the Passenger medically; disable the Passenger’s Cabin account; require the Passenger to leave the vessel at the next port of calling (at the Passenger’s sole liability); exclude the Passenger from future cruises; and/or cancel any bookings already made by or on behalf of the Passenger, if deemed necessary, as a result of
the Passenger’s alcohol consumption and/or any
resulting behaviour. Where a Passenger is asked to leave the vessel at the next port of calling, the Passenger will not, in any circumstances, be entitled to any refund for their Holiday or other compensation whatsoever. 22.5 FOCL and any other operator responsible for providing services as part of a Holiday reserve the right to charge the Passenger for all costs (including but not limited to any medical costs) and/or damage caused to property resulting from the Passenger’s consumption of alcohol. Such costs and expenses will be payable by the Passenger on demand.
23. Add-ons
23.1 From time to time, FOCL may offer add-ons to the basic Holiday booked under these Passenger Terms and Conditions. Add-ons might
include drinks packages, excursions, land
programs, tips and gratuities, spa products and shuttle bus tickets. Unless stated otherwise, add-ons will be subject to these Passenger Terms and Conditions, however additional and/or alternative terms and conditions might apply to certain add-ons and will be accessible on our website. Add-ons may be subject to an extra charge.
24. FOCL Special Offers
24.1 FOCL may, from time to time, run special offers on its Holidays (e.g. Anchor fares and ‘BOGOF offers’). These
Conditions shall apply to such special offers unless the terms of the special offer in question states otherwise. In the event of a conflict between the terms of the special offer and these Conditions, the terms of the special offer shall prevail.
25. Liability of Employees, Servants and Subcontractors
25.1 It is hereby expressly agreed that no servant or agent of FOCL and/or the carrier, including the Captain/master and crew of the vessel concerned including independent subcontractors
and their employees as well as the
underwriters of these parties shall in any circumstance whatsoever be under any liability whatsoever beyond these Conditions and these parties may invoke these Conditions to the same extent as FOCL and/or the carrier. 25.2 FOCL has no direct control over the tour providers and their services. In no case whatsoever will FOCL be held liable for loss, damages and injuries incurred by the Passenger as a result of
the
negligent act or omission or otherwise of the tour providers. FOCL will exercise reasonable skill and care in the selection of a reputable tour provider.
In assessing performance and/
or liability of any tour provider, local laws and regulations will apply. Please also refer to the Shore Tour terms and conditions which can be viewed on the FOCL website and appear in the Shore Tour booklet.
26. Rights of Third Parties
26.1 Unless otherwise stated under these Conditions, a person who is not party to a Contract shall have no rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
27. Law and Jurisdiction
27.1 These Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes
or claims) shall be
governed by and construed in accordance with English law. 27.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions or its subject matter or formation (including non- contractual disputes or claims).
28. Severability
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
Fred. Olsen Cruise Lines Is a member of ABTA with membership number W0637. ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things
do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London, SE1 9EQ, tel: 0203 117 0500 or
www.abta.com.
29. River Cruises
29.1 This clause 29 applies to River Cruises only. For the avoidance of doubt, save insofar as it is otherwise indicated, clauses 1 to 28 above also apply to River Cruises. In the event of a conflict between this clause 29 and clauses 1 to 28 above, this clause 29 shall prevail. 29.2 We do not recommend River Cruises for children under 12 years of age as the facilities on board have not been designed with younger children in mind. All children will be subject to the full adult fare. 29.3 There will be trained first aiders on board River Cruise vessels, however there will be no on board medical centre or medical professionals on board. 29.4 Embarkation
and disembarkation of River Cruise
vessels can be particularly challenging due to the inherent characteristics of the vessels used for River Cruises and the quays and jetties used. Dis/embarkation may involve traversing other vessels moored parallel to the quay including substantial steps from the quay onto the vessel and on board the vessels
themselves. Consequently, River Cruises may
not be suitable for Passengers who rely on wheelchairs and others with moderate to severe mobility issues. Save insofar as it conflicts with this clause 29, clause 12 above applies. All Passengers with any reduced mobility who plan to embark on a River Cruise must provide full details before booking and keep FOCL updated of any changes to their mobility prior to departure of the River Cruise. This is extremely important for us to ensure the safety of all Passengers, the crew and the vessel. It is Passengers’ responsibility to ensure they are physically capable of embarking and disembarking River Cruise vessels before they book a River Cruise Holiday. 29.5 Unusually high or low water conditions may necessitate changes to the itinerary of a River Cruise, dis/re-/embarkation or transfer by means of inland or alternative river transport. The Passenger acknowledges that such circumstances are an inherent part of river cruising and that neither FOCL nor any River Cruise operator shall have any liability should such circumstances arise. 29.6 Clauses 8.8 and 8.9 above do not apply to River Cruises.
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