UK. FOCL will refund the cruise cost only and will not refund other costs.
15. Flights 15.1 Prices for Fly-Cruises quoted in any FOCL brochure are inclusive of specially negotiated airfares which are subject to availability. If no aircraft seats are available at the airline’s prices in conjunction with a particular Holiday at the time of Booking then the Fly-Cruise option may be withdrawn or an alternative flight may be offered at an additional cost. Flight upgrades/premium seats for Fly-Cruises are limited in number. They will be allocated at the time of Booking, subject to availability. Aircraft configurations are subject to change and in the event of a flight operator being unable to provide premium seats on any service then any payment of or towards an upgrade supplement will be refunded in full. Note the provisions that apply to deposits for and cancellation of flights and Fly-Cruises at clauses 4 and 6 above. 15.2 All published itineraries are based on current airline schedules or our advised dedicated flying programme at the time of the Booking and may be subject to change at the option of the airline operator prior to the Departure Date. You will be notified of any such changes. Details of which aircraft operator will be used in conjunction with your Holiday, the exact route to be taken and the type of aircraft operated cannot always be given at the time of Booking. 15.3 You will receive confirmation of flight timings and routes with your travel documents, which will be sent out approximately 7 days before the Departure Date. 15.4 If the Booking does not include flights, it is your responsibility to book a suitable flight for and in time for travel to the vessel (including local transfers which the Passenger must arrange). FOCL shall not be responsible for any liabilities or losses arising in respect of flights or transfers arranged by the Passenger. 15.5 It is the sole responsibility of the Passenger to ensure that they check in on time for the Holiday and any flights to / from the vessel including any interconnecting flights. Flight delays and cancellations are at the Passenger’s sole risk. 15.6 Passengers
travelling independently, or via another
Organiser, or who have chosen not to use FOCL flights, or to embark/disembark at different ports to the scheduled itinerary, will be required to vacate their Cabin and disembark the Vessel between 0900 to 0930 hours on the morning of disembarkation or earlier if FOCL or the local authorities deem it necessary.
16. Luggage Allowance 16.1 If you are sailing from a UK Port the total luggage allowance is 90kg per Passenger. No one piece should weigh more than 20kgs. 16.2 On Fly-Cruises your luggage allowance will be restricted by the airline. It is your responsibility to check the luggage weight allowance restrictions for both your outbound and/or return flights. Any excess luggage charges imposed by the airline providing the flight will be the sole responsibility of the Passenger. 16.3 Passengers’ luggage allowance for River Cruises is one piece of luggage, weighing no more than 20kg.
17. Smoking Policy 17.1 Smoking (including electronic cigarettes emitting any vapour, even if only a water vapour) is only permitted in certain dedicated external areas throughout the vessel. Smoking anywhere else is strictly prohibited. Throwing cigarette ends over the side of the vessel is strictly prohibited. 17.2 Any breach of this clause 17 may result in the Passenger being required to disembark the Vessel at the next port of call, without any liability or cost to FOCL.
18. Alcohol Policy 18.1 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. 18.2 The Passenger agrees at all times to drink safely and responsibly for
the duration of FOCL, Passengers their Holiday and whilst
on-board the vessel including during embarkation and disembarkation. 18.3
and any other relevant party
responsible for providing services as part of a Holiday 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 a vessel. FOCL may, at its sole discretion, refuse to serve, sell or supply a Passenger with alcohol at any time and for any reason. 18.4 FOCL and any other operator responsible for providing services as part of a Holiday reserve the right, in their sole discretion, to confine Passengers to their Cabin; breathalyse Passengers; take blood samples from Passengers; treat Passengers medically; disable Passengers’ Cabin accounts; require Passengers to leave the vessel at the next port of call (at Passengers’ sole liability and cost); exclude Passengers from future cruises; and/or cancel any Bookings already made by or on behalf of any Passenger, if deemed necessary, as a result of a Passenger’s alcohol consumption and/or any associated behaviour. Where a Passenger is asked to leave the vessel at the next port of call, the Passenger will not, in any circumstances, be entitled to any refund for their Holiday or other compensation whatsoever. 18.5 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.
19. Add-ons and Special Offers 19.1 From time to time, FOCL may offer add-ons to the basic Holiday booked under these Passenger Terms and Conditions. Add-ons might include excursions, land programs, tips and gratuities, spa products and shuttle bus tickets. Unless stated otherwise, add-ons will be subject to these Conditions, however additional and/or alternative terms and conditions might apply to certain add-ons and will be accessible on the FOCL Website. Add-ons may be subject to an extra charge. 19.2 FOCL may, from time to time, run Special Offers. These Conditions shall apply to such Special Offers unless the terms of the Special Offer in question state 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. 19.3 The “All-Inclusive Drinks Upgrade for FOCL Cruise Holidays”, shall include, where possible, selected house beers, house cider in cans, house wines, house spirits, draught (post-mix on pump) soft drinks and mineral or spring water by the glass. Excluded from the all-inclusive drinks upgrade are champagne, sparkling wine, cocktails and bottled water. Passengers who purchase the all-inclusive drinks upgrade package can also save 50% off premium and branded drinks, other red, rose and white wines (excluding Champagne or sparkling wine), cocktails and bottled water. House spirits will be served in single measures and one drink to be ordered per person, per transaction. For the avoidance of doubt, any Passenger entitled to the “All-Inclusive Drinks Upgrade” must order each drink for themselves. The quantity of drinks that FOCL can carry on board any vessel is limited by the size of the vessel and it is possible that certain drinks included within the All-Inclusive Drinks Upgrade may be unavailable from time to time, in which case the Passenger shall not be entitled to any refund. 19.4 The “Dining Drinks Package” available with lunch and evening meals on FOCL’s River Cruises only, includes a choice of red and white quality house wines by the glass, European lager and bitter (300ml servings) and selected branded bottled soft drinks. 19.5 Passengers may bring bicycles with them on board any cruise vessel, subject strictly to the terms of the Fred. Olsen Cruise Lines Ltd. Cycle Policy, a copy of which can be found on the FOCL Website. Passengers should note in particular: 19.5.1 All bicycles are brought on board entirely at the Passenger’s risk and FOCL excludes all liability for loss, damage and/or injury sustained or suffered by any property or third party (including other Passengers and crew), of whatever nature, to the greatest extent permitted by law. 19.5.2 Passengers will be liable for any loss, damage and/or injury caused by any bicycle that they have brought on board a vessel, at any time throughout the Holiday (including during any shore excursion), including, without limitation, damage caused to the vessel, its fixtures and fittings. 19.5.3 All bicycles brought on board must be of a fold-up or collapsible design, in a bicycle bag and must be brought to the attention of FOCL at check-in. 19.5.4 Passengers must carry their bicycle onto and off the vessel themselves and store it in their cabins. FOCL is unable to offer any additional assistance in either regard. All bicycles being carried on and off the vessel must be in a bicycle bag. 19.5.5 FOCL reserves the right to refuse to allow a bicycle on board a vessel, without explanation, and to restrict the dis/embarkation or use of bicycles at certain ports and destinations for health and safety reasons. 19.5.6 See
www.fredolsencruises.com/bicycles-on- board-terms-and-conditions, Cycle Policy for other terms and conditions.
20. Employees, Servants, Subcontractors and Third Party Service Providers 20.1 The liability of FOCL’s employees, servants, agents, sub- contractors and Third Party Service Providers and the owner and crew of any vessel that arises in connection with the provision of any Holiday is set out to its complete extent within these Conditions. 20.2 FOCL exercises reasonable skill and care in the selection of Third Party Service Providers, however, it has no direct control over the Third Party Service Providers in the performance of their services. FOCL’s liability for loss, damage and injury incurred by the Passenger as a result of the act or omission, whether negligent or otherwise, of any Third Party Service Provider, is excluded to the maximum extent permitted by law. 20.3 In assessing performance and/or liability of any Third Party Service 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. 20.4 Where Third Party Services (including, without limitation, the provision of bicycles by the operator of a River Cruise) are available during a Holiday, they are not part of the Booking, unless otherwise notified by FOCL. Where FOCL makes available Third Party Services, it does so as agent for the operator of the Third Party Services and any amount paid is not part of the Price, whether or not the Third Party Services are booked or paid for at the same time as, or before or during, the Holiday. FOCL’s liability to Passengers for Third Party Services organised on this basis is excluded to the greatest extent permitted by law. However, should FOCL, its employees, servants, agents or sub-contractors, the owner or operator of the vessel or any other person involved in the supply of services in connection with the Holiday
be deemed to have any liability in connection with such Third Party Services, this shall in all cases be subject to these Conditions. 20.5 Tours operate subject to minimum numbers of participants. If any tour cannot operate as a result of low numbers, a refund of any money paid in advance will be made but otherwise, no compensation shall be payable.
21. River Cruises 21.1 This clause 21 applies to River Cruises only. For the avoidance of doubt, save insofar as it is otherwise indicated, these Conditions also apply to River Cruises. In the event of a conflict between this clause 21 and any other provision in these Conditions, this clause 21 shall prevail. 21.2 FOCL 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. 21.3 There will be trained first-aiders on-board River Cruise vessels, however there will be no medical centre or medical professionals on-board. 21.4 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 cannot be safely accessed by Passengers who rely on wheelchairs or scooters and others with moderate to severe mobility issues. Save insofar as it conflicts with this clause 21, clause 12 above applies. 21.5 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. 21.6 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. 21.7 Clauses 9.9 and 9.10 above do not apply to River Cruises.
22. Material Facts 22.1 It is a condition of the Booking that all material facts concerning the Passenger’s fitness or suitability to travel have been disclosed to FOCL as if FOCL was an insurer. A material fact is a fact likely to influence insurers in the acceptance or assessment of insurance (for example, details of your state of health or that of a close relative). Where there is doubt as to whether a fact is ‘material’ then it should be disclosed at the time of booking, including but not limited to any disability, mobility issue, or any other condition requiring special care, specific assistance, attention or treatment. If any such condition arises after the Booking is concluded then written notice must be given to FOCL as soon as possible and in any event, no later than 48 hours prior to embarkation. FOCL shall make all reasonable endeavours to provide any specified assistance when requested.
23. Data 23.1 The Passenger acknowledges that FOCL will require certain personal data from the Passengers, before and after any Booking is concluded, in order to be able to provide your Holiday. All personal data will be handled in accordance with FOCL’s Data Protection Policy, which can be found on the FOCL Website:
http://www.fredolsencruises.com/privacy- and-cookies-policy.
24. Severability 24.1 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.
25. Rights of Third Parties 25.1 Unless otherwise stated under these Conditions, a person who is not party to a Booking shall have no rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
26. Law and Jurisdiction 26.1 These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. 26.2 Subject to clause 10.2 above,
the parties irrevocably
agree that the courts of England and Wales shall have exclusive jurisdiction over 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).
27. Variation 27.1 No variation of these Conditions shall be effective unless in writing and signed by FOCL.
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