Your contract with Fred. Olsen Cruise Lines


These Terms and Conditions are correct as at the date of publication of this Brochure. Your booking will be subject to the most up-to-date version, which can be found at www.fredolsencruises.com/Terms-and-Conditions


These terms and conditions should be read carefully. Any booking for a Fred. Olsen Cruise Lines Ltd. (“FOCL”) cruise holiday is accepted subject to the passenger terms and conditions (“Conditions”)


that are in force at emailing foclcreditcontrol@fredolsen.co.uk the


time that you make your Booking*, as displayed on the FOCL Website*: www.fredolsencruises.com/Terms-and- Conditions. You must read them carefully and inform FOCL by


directly


if, prior to making a Booking or at any time before your Holiday*, you have any questions or doubts over your ability to fully comply with the Conditions. Please note that where an FOCL cruise is sold by another Tour Operator*, the terms and conditions of your contract with that Tour Operator apply to the whole Holiday, unless such terms are expressly amended or excluded by FOCL. However, in such circumstances we will allow you to embark and will carry you on our vessel on the basis that you agree that the Conditions in clauses 2.7 to 2.9, 2.12, 3.4 to 3.8, 5.1 to 5.5, 8 to 13, 15.5, 15.6, 16 to 18, 20, 21 and 23** will apply as shipboard rules. *each as defined below **clauses 3.7 and 21 apply to River Cruises only


Definition and Interpretation Definition “Anchor Fare” means a cruise ticket marketed at a lower price to the Freedom Fare, subject to certain conditions such as automatic cabin allocation in any part of the ship and restricted refund and amendment entitlement. See FOCL Website for more details: http://www.fredolsencruises.com/ about-us/about-us/pricing-policy/anchor-fares. “Booking” means the Passenger’s booking of a Holiday, accepted by FOCL in accordance with clause 2. “Booking Fee” means a charge added to the Booking by FOCL for booking the Holiday. “Cabin” means a cabin or room on-board a vessel. “Convention” means any Convention referred to at clause 9.1 below; the Strasbourg Convention and any other Convention that might apply from time to time, either by force of law or in accordance with these Conditions. “Departure Date” means day one of the Holiday as notified to the Passenger at the time of Booking. “Enjoyment Promise” has the meaning set out on the FOCL Website: www.fredolsencruises.com/freds-enjoyment-promise. “Fly-Cruise” means a Holiday (as defined below) which comprises of a cruise and a flight booked on your behalf as a package offered by FOCL. “FOCL Website” means www.fredolsencruises.com “Force Majeure Event” means an unusual and unforeseeable event outside the control of FOCL and includes but is not limited to war, threat of war, piracy or threat of piracy, riots, civil disturbances, industrial


disputes,


terrorist activity and its consequences, natural


and nuclear disasters, fire,


epidemics, health risks and pandemics including but not limited to incidents of infectious or other diseases, illnesses or medical issues, unavoidable and unforeseeable technical problems with transport for reasons beyond FOCL’s control or that of any suppliers of FOCL, deviation at sea in response to a distress call or other emergency, closed or congested airports or ports, adverse weather conditions or adverse sea states, unusually high or low tides or river levels, failure of power supplies, suicide or attempted suicide on board or a Passenger’s deliberate exposure of itself, others or the vessel to unnecessary danger (except in an attempt to save human life) or the consequences of participating in an unusual or dangerous activity. “Freedom Fare” means a cruise ticket marketed with benefits such as advance booking of chosen cabin and restaurant reservations, greater flexibility to transfer your Holiday and other on-board benefits. See FOCL Website for more details: http://www.fredolsencruises.com/freedom. “Group Booking” means a Booking entered into by one Passenger on behalf of itself and a number of other Passengers. “Holiday” means any FOCL holiday offered from time to time, including flights for any Fly-Cruise, but excluding any excursions, tours and other extras unless they are expressly stated to form part of the Holiday. “Long Cruise” means a cruise of 28 days or longer. “Organiser” means any person who organises packages and markets and / or offers them for sale, whether directly or through a retailer and whether acting as agent or principal. “Passenger(s)” and/or “you” means a person who has entered into a Booking with FOCL for the supply of a Holiday and includes any specified person who will be participating in the Holiday. “Price” means the price of the Holiday as communicated at the time of the Booking, plus any additional sums payable due in accordance with these Conditions. “River Cruise” means a cruise, or part of a cruise, on any waterway (as defined in the Strasbourg Convention). “Shuttle Transport Services” means any form of transport offered to Passengers provided by a third party for transiting to/from a vessel or around a port or other terminal. “Special Offers” means Anchor Fares, 2 for 1 offers, BOGOF


deals, Special Saver Fares and any other special offers or marketing incentives offered by FOCL from time to time. “Strasbourg Convention” means the Strasbourg Convention of 2012 on the Limitation of Liability in Inland Navigation. “Third Party Services” means services provided by third party suppliers such as organised tours, Shuttle Transport Services, excursions or other programmes, which do not form part of the Booking. “Third Party Service Provider” means a provider of Third Party Services, engaged by FOCL acting as agent only. “Tour Operator” means a person that markets and resells Holidays (or any component thereof) as a principal.


Interpretation (a)


a person includes a natural person, corporate or


unincorporated body (whether or not having separate legal personality); (b) a reference to a party includes its personal representatives, successors or permitted assigns; (c) a reference to a statute or statutory provision: (i) is a reference to such statute or statutory provision as amended or re-enacted; and (ii)


includes any subordinate legislation made under


statute or statutory provision, as amended or re-enacted; (d) a reference to “writing” or “written” includes emails.


1. How to book 1.1 A Booking can be made via your travel agent or directly with FOCL: 1.1.1 by telephone: 0800 0355 151 (or 0800 0355 260 for River Cruises); or 1.1.2 through the FOCL Website: www.fredolsencruises.com. 1.2 Prior to making a Booking you must ensure that you have read and are prepared to accept these Conditions, and have available the information required to make the Booking in compliance with these Conditions. 1.3 The Passenger responsible for concluding a Booking with FOCL warrants that they are of at least 18 years of age on the date of the Booking.


2. The Booking 2.1 A binding contract will be concluded between you and FOCL only when FOCL confirms acceptance of the Booking. The Booking constitutes the entire agreement between FOCL and the Passenger and, unless otherwise stated in these Conditions, supersedes all other agreements, oral or written. 2.2 You must pay any sum due to FOCL at the time the Booking is made, including any Booking Fee notified to you at the time of making the Booking. Where a sum is overdue for payment in accordance with these Conditions, FOCL will have no obligations to supply a Holiday or any other service forming part of the Booking until all amounts have been paid up to date. FOCL may also cancel the Booking. Such cancellation will be treated as a cancellation by you, in accordance with clause 6. 2.3 These Conditions apply to you and every other Passenger partaking in the Holiday. You warrant


that you have the


authority to make the Booking on behalf of any Passengers named in your Booking. 2.4 All employees, servants (including medical staff), agents and subcontractors, the owner and operator of the vessel and any other party involved in the supply of services in connection with a Booking shall have the benefit of all rights, exemptions and limitations in these Conditions. In no circumstances will the total liability of such parties to you exceed that of FOCL’s liability to you under the Booking. 2.5 Save as set out elsewhere in these Conditions, the Passengers under a Booking cannot be altered at any time. In addition the Holiday cannot subsequently be amended or transferred to a lower priced deal or Holiday other than as set out in these Conditions. Bookings must be accepted by FOCL and cannot be accepted by any third party. 2.6 FOCL reserves the right to refuse to accept any Booking even if the deposit and the full balance of the Price have been paid by you to FOCL or any third party. 2.7 Children under 2 years of age at the Date of Departure will not be allowed to embark on any cruise where the vessel will undertake a major ocean crossing of 72 hours or longer. Passengers are responsible for ensuring that any children in their care during a cruise are fit and eligible to travel and children on-board vessels remain entirely the responsibility of their parent(s) or guardian(s). 2.8 If you are travelling with children under the age of 18 where you are not their parent(s) or guardian(s) then a signed letter will be required from their parent(s) or guardian(s) to confirm you are authorised to take them out of the UK (or their home country) and authorised to act with full parental authority in the case of an emergency. 2.9 Children less than 6 months old and women who will be more than 24 weeks pregnant at the end of the Holiday are not permitted to travel. It is recommended that medical advice is sought prior to Booking for children aged between 6 – 12 months. 2.10 FOCL is a bonded tour operator with ABTA Limited (No. W0637) meaning that when you buy a Holiday that does not include a flight, protection is provided by way of a bond held by


that


ABTA Limited. 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. 2.11 In respect of a Holiday that includes a flight, FOCL holds an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (the “CAA”) (ATOL No. 5016) and as such, FOCL is a member of the ATOL Scheme. All the flights and flight-inclusive Holidays sold by FOCL that are subject to these Conditions are financially protected by the ATOL Scheme. When a Passenger pays for a flight or flight-inclusive Holiday, they will be provided with an ATOL certificate. If they are not provided with one, they are entitled to ask for one and one shall be provided. The Passenger should check the ATOL certificate to ensure that everything they booked (flights, hotels and other services) is listed on it. The ATOL certificate also lists what is financially protected under the terms of the ATOL Scheme and where the Passenger can get information on what this means and who to contact if something goes wrong. Further information on the ATOL certificate not contained in these terms and conditions can be found at www.atol.org.uk/ATOLCertificate. 2.12 For the avoidance of doubt, any additional products that are not FOCL products, whether supplied by an agent or Tour Operator or purchased from a third party directly, are not covered under FOCL’s ABTA bond or FOCL’s ATOL licence. FOCL excludes liability to the Passenger in respect of such additional products to the greatest extent permitted by law. 2.13 FOCL, or the suppliers identified on the Passenger’s ATOL certificate, will provide the Passenger with the services listed on the ATOL certificate (or suitable alternatives). In some cases, where neither FOCL nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide the Passenger with the services they have bought or a suitable alternative (at no extra cost to the Passenger). The Passenger agrees that in those circumstances the alternative ATOL holder will perform those obligations and the Passenger will pay any sums outstanding as part of their Booking to the alternative ATOL holder. However,


the Passenger also


agrees, that in some cases it will not be possible to appoint an alternative ATOL holder, in which case the Passenger will be entitled to make a claim under the ATOL Scheme (or their credit card issuer where applicable). 2.14 If FOCL, or the suppliers identified in a Passenger’s ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) the Passenger under the ATOL Scheme. The Passenger agrees that in return for such a payment or benefit, they assign absolutely to those trustees any claims which the Passenger has or may have arising out of or relating to the non-provision of the services, including any claim against FOCL, any travel agent or the Passenger’s credit card provider, where applicable. The Passenger also agrees that any such claims may be reassigned to another body, if that other body has paid sums the Passenger has claimed under the ATOL Scheme. 2.15 FOCL has no liability whatsoever for flights booked by a Passenger that do not expressly form part of a Booking. 2.16 In relation to Group Bookings, the person making the Booking (the “Lead Passenger”) warrants that they are over 18 years of age and have authority to contract and accept these Conditions on behalf of all those partaking in the Holiday. Passengers that are subject to a Group Booking (“Group Passengers”) may be required to pay FOCL separately, however Group Passengers will have joint and several liability for all sums due under the Group Booking.


3. Prices and Other Charges 3.1 Prices are based on operating costs and market conditions at the date they are published and may be revised at the discretion of FOCL at any time. 3.2 Once you have made a Booking, no increase or decrease in the Price will be made except as follows: 3.2.1 If there is an increase or decrease in the cost of providing any Holiday of more than 3% caused by an increase or decrease in: transportation costs, including the cost of fuel; duties, taxes or fees for the services imposed by third parties not directly involved in the performance of the Holiday, including tourist taxes, landing taxes and embarkation and disembarkation fees at ports and airports; or exchange rates, then a surcharge may be levied and may include an amount to cover agents’ commission or a refund may be provided. In no circumstances shall any increase exceed the Price quoted at the time of your Booking by more than 10%. You agree that where a surcharge is levied that is 10% or less of the original Price, this will not amount to a significant alteration to the terms of your Booking. If a surcharge is made it will be demanded in writing. In the event that you fail to pay a surcharge within 14 days of a demand to do so by FOCL, FOCL may treat this as cancellation by you of the Holiday in which case the provisions clause 5 (“Cancellation by You”) will apply. 3.2.2 No surcharges will be charged less than 30 days before the Departure Date but Bookings received within this period may be charged at the published price plus any surcharge arising up to the date of booking. 3.2.3 If there is a decrease of more than 3% in the cost to FOCL of providing any Holiday,


then any saving to FOCL over 3% of


the original Price will be passed on to you. 3.3 Most port and airport charges and taxes are included in the Price of the Holiday. Where these are not included, you will be advised separately. Some overseas charges (including visa charges) and taxes may have to be paid locally by you.


View destination and ship videos at www.cruisewithfred.tv 267


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