2018 BOOKING CONDITIONS E. LIMITATION OF OUR LIABILITY TO YOU


E1. If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable (and clause H1 will apply) where any failure in the performance of the contract is due to:


E1.1 you; or


E1.2 a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or


E1.3 unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or


E1.4 an event which we or our suppliers, even with all due care, could not foresee or forestall.


E2. In addition to the provisions of clause H1, our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 2 times the cost of your travel arrangements.


E3. Should you or any member of your party suffer illness, personal injury or death attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.


E4. Our liability will also be limited in accordance with and/or in an identical manner to:


E4.1 the contractual terms of the companies that provide the transportation for your travel arrangements which are incorporated into and form part of your contract with us; and


E4.2 any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage which are incorporated into and form part of your contract with us and we are to be regarded as having all the benefit of any limitation of compensation contained in these or any other such conventions.


E5. Unless otherwise expressly indicated by us in writing, excursions or other tours that you may choose to book or pay for whilst you are away are not part of the travel arrangements provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator. Where an excursion or other tour is booked through us no refund will be available in the event of you subsequently being unable or choosing not to take part. This clause E5 applies even where a Viking representative accompanies the tour or excursion.


E6. Where you have booked a “Cruise Only” holiday, we cannot accept any liability for the costs of flights or other travel arrangements in the event of changes being made to the scheduled departure or arrival times or locations of the cruise vessel.


E7. The provisions of clauses E1 to E6 inclusive are in addition to any other limitation of liability contained in these Booking Conditions.


E8. Nothing in these Booking Conditions affect any statutory rights that you may have under the relevant jurisdiction applicable pursuant to clause H7.


F: YOUR RESPONSIBILITIES


F1. SPECIAL REQUESTS If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise your Travel Agent or us (if booking direct) of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your travel arrangements, it must be specifically agreed with us before or at the time you book. We promise to comply with any special request which we have specifically agreed and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Confirmation Invoice or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to your departure or should be paid for locally.


F2. YOUR DOCUMENTATION


F2.1 You are responsible for ensuring that you and all other persons included in the booking satisfy all passport, visa, travel insurance and health certificate requirements and we accept no responsibility for any refusal of travel or entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such documentation. If you have any queries with regard to documentation and insurance requirements you must raise them with us or your Travel Agent well in advance of travel commencing. In the event we are asked to re-issue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.


F2.2 Many of the airlines that provide the flight element of the arrangements we sell impose fines and costs on us if any passengers who have booked with us do not have the necessary travel or other documents for the countries they are visiting or passing through, even where this occurs through no fault of ours. In this situation we have no choice but to pass on to you all fines, costs, surcharges, financial penalties and other sums of any description which are imposed on or incurred by us. You will be responsible for reimbursing us accordingly in full.


F3. HEALTH PRECAUTIONS & FCO ADVICE


F3.1 You should check what vaccinations and other health precautions are required or are advisable for your chosen destination and journey with your doctor in good time before departure.


F3.2 Airline regulations state that women 28 weeks or more into pregnancy at the time of return travel must have written confirmation from a doctor that they are fit to travel when checking in for their outward flight. Normally, permission to travel is refused after 32 weeks. We can only accept your booking upon the clear understanding that we cannot be liable if any airline refuses to accept you or any member of your party as a passenger for this reason.


F3.3 You must provide us with full details of any existing medical problem or disability that may affect your travel arrangements (including, in particular, any accommodation requirements) at the time of booking. If in our reasonable opinion, your chosen travel arrangements are not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to


accept the booking. If you do not give us full details of your medical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the travel arrangements are not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel in this situation, cancellation charges as set out in clause D1 must be paid by the person concerned.


F3.4 The Foreign and Commonwealth Office (“FCO”) produces a wide range of material about overseas countries including details of political unrest, crime and health issues. If you have any particular concerns then you should refer to the FCO website at www.fco.gov.uk.


F4. INSURANCE


F4.1 You must take out insurance suitable for your needs before you travel. We cannot be held responsible for any costs you incur as a result of failing to do so.


F4.2 If you participate in sports and activities whilst travelling that have been organised and arranged independently of us, it should be understood that participation is at the individual’s own risk and it is your responsibility to obtain the relevant insurance.


F5. BEHAVIOUR


F5.1 You must be responsible for the behaviour of yourself and your party. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your travel arrangements if behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any airline pilot, cruise vessel captain or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else or if you or any member of your party have caused or are likely to cause damage to property. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your travel arrangements due to such unacceptable behaviour. In this situation we will then have no further responsibility for you or any other member of your party (including any return travel arrangements). If your unacceptable behaviour means you are not allowed to board your outward flight we will treat your booking as cancelled from that moment and you will have to pay full cancellation charges (see clause D1).


F5.2 With regard to any flights and/or cruises that form part of your travel arrangements the airline captain or vessel master (as applicable) has authority over the aircraft/vessel and passengers at all times when they are boarding or on board. He/she may prevent you or any member of your party from travelling if you or such member are considered unfit to do so, or if you or such member pose a danger to the aircraft/vessel or passengers. In such circumstances we shall seek compensation from you for any losses caused by your behaviour or by the behaviour of any member of your party (e.g. the cost of diverting an aircraft or vessel). Disruption on board an aircraft or vessel is a criminal offence, and you may be prosecuted. If you are refused carriage on an aircraft because of your disruptive behaviour, or you are under the influence of alcohol or drugs, your airline may pass on your details and the date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you or others in your party to book other airline tickets.


G. IF YOU HAVE A COMPLAINT


G1. If you have cause for complaint whilst travelling, you must bring it to the attention of the Viking representative on board the cruise vessel or at your hotel. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Service Department at:


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