3.4 All on-board accounts will be in Pounds Sterling. Passengers must register a debit or credit card accepted by FOCL at check in. This applies to Passengers even where they do not wish to open an on-board account during their cruise. An on-board account will not be granted without a card first being registered. 3.5 All accounts for services, goods, duties, taxes and other costs provided on-board the vessel and any other amounts due which are not included in the Price of the Holiday, including amounts for Third Party Services and medical services, must be settled before you leave the vessel, without any set-off or counterclaim. 3.6 Liability for joint on-board accounts shall be joint and several between Passengers named on the joint account and other Passengers in any Group Booking (provided such Passengers are aged 18 or over). 3.7 The administration of (including any disputes relating to) on-board accounts for River Cruises is the sole responsibility of the owner of the River Cruise vessel. FOCL will have no liability whatsoever in relation to disputes arising from on- board accounts on River Cruises, which must be addressed directly to the vessel owner. Further details can be provided on request from the FOCL representative on-board. 3.8 In the event that a Passenger fails to settle their on- board account on or before completion of the Holiday an administration charge of £75 will apply. FOCL also reserves the right without prejudice to any other remedies FOCL may have under these Conditions or otherwise, to take payment from the debit or credit card registered by the Passenger or any other Passenger that is part of the same Group Booking; cancel any future Bookings the Passenger may have made with FOCL; and/or to set off any sums owed to FOCL by the Passenger against any sums due to the Passenger from FOCL. Failure to settle on-board accounts may also result in legal action against the Passenger or Passengers in question.
4. Deposit and Final Payment 4.1 Subject to any other terms in these Conditions, the following minimum non-refundable deposits will apply and must be paid to FOCL on the dates indicated below. Other payments may also be due at the time of booking. See clause 6.1 below for additional cancellation charges that apply within 90 days of Departure Date.
Standard Cruise Long Cruise
Anchor Fare and other Special Offers
15% 15%
100% -
15% (total 30%) -
The non-refundable deposits reflect a conservative pre- estimate of the losses and costs incurred by FOCL of remarketing a Holiday following cancellation. 4.2 FOCL must be in receipt of cleared funds for the balance of the Price due no later than 90 days before the Departure Date, for all Holidays (or such earlier date or time as specified at the time of booking). For any Holidays booked after this date, the full Price is due and must be paid at the time of booking. Alternative payment terms may apply to Special Offers. If, for any reason, any payment due after booking is not received by FOCL by the date it falls due, FOCL has the right to treat this as a cancellation of the Booking by you and to retain any non- refundable deposit in accordance with the terms of clause 4.1 above and clause 6 below. 4.3 Money paid to a travel agent for a Holiday is held by the agent on trust for FOCL, whether or not that travel agent is acting as your agent or as agent for FOCL. Payment of any money to a travel agent or other third party, even if an agent of FOCL, does not constitute acceptance of a Booking by FOCL. 4.4 Prior to acceptance of the Booking and all payments then due, FOCL has no obligation to the Passenger and may return or authorise the return of any payments made with no penalty and without providing a reason. 4.5 FOCL cannot accept American Express cards, Electron cards, Thomas Cook Travellers’ Cheques or pre-funded cards for any transaction. 4.6 The full Price is payable at the time of the Booking for all Special Offers, unless other terms expressly apply. 4.7 For Fly-Cruises, 100% of the cost of the flight element of the Holiday will be payable at the time the Booking is made. Where the cost of the flight is subject to an increase from the price at the time of booking (for example where a Passenger elects to fly from an airport other than the airport advertised with the Fly-Cruise) such increase in price will be payable by the Passenger immediately on demand.
5. Insurance, Booking Considerations and Alterations 5.1 It is a condition of the Booking that travel insurance is purchased before travelling on any Holiday: 5.1.1 Passengers must obtain travel insurance as soon as possible following booking in order to cover cancellations and other possible losses that might arise after booking. This should cover all appropriate travel, cancellation, medical, emergency airlift/boat transfer at sea and repatriation liabilities for the Holiday. 5.1.2 FOCL reserves the right to cancel the Booking and/ or refuse embarkation and/or require the Passenger to disembark at the next port of call, without any liability or cost to them, in the event that clause 5.1.1 is not complied with in full by all Passengers under the Booking. 5.1.3 Failure to give full, frank and honest disclosure to any insurer’s enquiries will amount to a breach of this clause 5. 5.1.4 Final Holiday documents cannot be released until FOCL has received notification of your insurance policy details. 5.1.5 You will indemnify FOCL against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of
268
reputation and all interest, penalties, fines and legal and other reasonable professional costs and expenses) suffered or incurred by FOCL arising as a result of: 5.1.5.1 any breach of the condition set out in clause 5.1.1 above; or 5.1.5.2
your insurance being deemed either invalid,
inadequate and/or voided; or 5.1.5.3 any other breach of this clause 5; or 5.1.5.4 any claim made against FOCL by a third party for death, personal injury or damage to property arising out of or in connection with any breach of clause 5.1.1 above which is attributable to the acts or omissions of you. 5.2 You are responsible for ensuring compliance with all documentary and health requirements for the entire Holiday, including ensuring that you have: 5.2.1 A full valid passport, which is required for all Holidays. Your passport must be valid for at least 6 months after the date of return to the UK (a shorter validity may be acceptable on certain itineraries, please check at time of booking). 5.2.2 Any necessary visas for your Holiday. 5.2.3 Any necessary inoculations and appropriate evidence to prove requirements have been complied with. 5.3 At any port or place, FOCL or any other party involved in the supply of services in connection with your Holiday may refuse travel, accommodation, or disembark any Passenger without compensation who in the opinion of FOCL or any other party involved might be excluded from landing at any destination by Immigration or other Governmental Authorities. 5.4 Any loss suffered as a result of the Passenger’s failure to comply with clause 5.2 will be at the Passenger’s cost (including any additional travel or accommodation expenses or fines). Any cost to FOCL must be reimbursed immediately on demand by the Passenger. FOCL will have no liability to the Passenger whatsoever in the event the Passenger cannot partake of any element of the Holiday as a result of non- compliance with clause 5.2. 5.5 FOCL follows guidance from the Foreign and Commonwealth Office when considering the destinations that it offers as part of its cruise packages. However, in the current global political climate, there are many locations which are ostensibly safe but where the risk of terrorism and civil unrest cannot be completely ruled out (including most major cities around the world). Passengers must consider for themselves the safety of their holiday destinations before they book.
It is recommended that all passengers review foreign
travel advice which can be found on the FCO website: www.
gov.uk/government/organisations/foreign-commonwealth- office. Where the situation changes after the time of booking, the Passenger is at liberty to raise this with FOCL, whose liability for loss, including death and personal injury arising as a result of terrorism and civil unrest is excluded to the greatest degree permissible by law. 5.6 In the event that a Passenger’s name is misspelt upon booking, this may be corrected free of charge until the tickets allowing embarkation of the vessel have been issued by FOCL. Thereafter, a charge of £100 will apply per Booking to cover the administrative cost of amending the Booking. Please note the separate provision applying to flight ticket changes at clause 5.8 below. 5.7 In the event that a Passenger is prevented from proceeding with a Holiday, that Passenger shall be entitled to change the name of the Passenger travelling on the Holiday to the name of a replacement Passenger
(“Replacement Passenger”),
subject to providing FOCL with reasonable notice (in no circumstances less than 35 days) of such name change. FOCL will have no obligation to agree to a name change unless the Replacement Passenger meets and agrees to comply with all terms and conditions to which the original Passenger was subject as part of their Booking. Name changes will be subject to a minimum administration fee of £100 per change, and the Passenger and Replacement Passenger will be jointly and severally liable for this fee and any additional costs incurred by FOCL as the result of the name change, pursuant to clause 5.8 below or otherwise. 5.8 In certain circumstances, the changing of a Passenger’s name in a Booking (including misspelling of a name) may give rise to costs and/or operational difficulties above and beyond the administrative cost to FOCL of amending the relevant Booking. For example, in relation to Fly-Cruises, FOCL will have no control over costs or cancellation policies applied by the airline engaged for providing the flight element of the Holiday. Where additional or non-refundable costs arise in such circumstances, these must be paid by the Passenger or Replacement Passenger on demand and embarkation will not be allowed until such costs have been paid in full. 5.9 FOCL shall have no liability in circumstances where a name change or other attempt to amend the details of a Booking results in the cancellation of an element of the Holiday by a third party provider. In the event that the actions of a third party provider mean that neither the Passenger nor any Replacement Passenger can partake of the relevant Holiday, the cancellation provisions at clause 6 shall apply. For the avoidance of doubt, under no circumstances may a Passenger resell a Holiday for a sum greater than the full price paid for the Holiday by the Passenger. 5.10 A request to transfer from one Holiday to another may, in FOCL’s sole discretion, be accepted by FOCL on one occasion per Booking, provided it is made more than 90 days before the Departure Date, or 180 days before the Departure Date for a Long Cruise. Where FOCL consents to such a transfer, the terms and conditions that are relevant at the time of the transfer shall apply. These may be different from the terms that applied at the time of the original Booking. Any Special Offers or discounts that applied to the original Holiday will not apply to the alternative Holiday. 5.11 Where a transfer to an alternative Holiday is accepted
by FOCL, any payments received in respect of the original Holiday shall be held as the initial deposit payable upon booking for the alternative Holiday, even where they exceed the figure that would otherwise be payable as a deposit for the alternative Holiday under these Conditions. Where the sum payable for the alternative Holiday would be higher at the time the alteration is made, the Passenger must pay the balance due to FOCL immediately upon demand. 5.12 Where the alternative Holiday is cancelled by you, FOCL will be entitled to retain as a non-refundable deposit
the
higher of: 5.12.1 any non-refundable deposit paid for the Holiday; 5.12.2 any non-refundable deposit paid for the alternative Holiday; and 5.12.3 any non-refundable deposit payable in accordance with clause 6.1 below. 5.13 Where a request is made to alter a Booking to an alternative Holiday within 90 days of the Departure Date, or 180 days for a Long Cruise, or a request is made to alter a Booking more than once, or where FOCL has refused a request to transfer from one Holiday to another, this will be treated as a cancellation and FOCL will be entitled to retain a non-refundable deposit in accordance with clause 6 below. 5.14 If an alteration would result in a reduction of the Price of the Holiday of more than 25% then this will also be treated as a cancellation by you and the provisions of clause 6 will apply. 5.15 Where a Passenger has made a Booking directly with FOCL, such Booking may not be transferred to a travel agent unless the following criteria all apply: 5.15.1 The Booking was made on-board an FOCL vessel; 5.15.2 The Booking is transferred on-board an FOCL vessel; and 5.15.3 The travel agent to whom the Booking is transferred is approved by FOCL at the time of the transfer.
6. Cancellation by You 6.1 You may cancel your Holiday by providing notice to FOCL in writing. Subject to clause 6.3 below: 6.1.1 Where you do so 91 days or more before the Departure Date, FOCL will be entitled to retain the non-refundable deposit in accordance with clause 4 above. 6.1.2 Where you cancel 90 days or fewer before the Departure Date, then FOCL will be entitled to retain a portion of the Price in accordance with the following scale. These percentages reflect a conservative pre-estimate of losses and costs likely to be incurred by FOCL as a result of the cancellation and cost to FOCL of remarketing the Holiday. The figures expressed below include any non-refundable deposit paid in accordance with clause 4.1:
Number of days before departure
90-57 days 56-42 days 41-16 days 15 to 0 days
Percentage of Price FOCL will be entitled to retain if the cruise is cancelled by you
60%* 75%* 85%* 100%
*100% of the Price will be retained in the event of the cancellation of an Anchor Fare Booking and Bookings made subject to certain other Special Offers. 6.2 The effective date of cancellation is the date of receipt by FOCL of written notice that the Passenger wishes to cancel. For the avoidance of doubt, these charges will apply whatever the reason for your cancellation, including illness, incapacity, death or any other intervening event. 6.3 Where you cancel a Booking, FOCL will make reasonable endeavours to resell the Holiday. You recognise that it may not be viable for FOCL to attempt to do so in certain circumstances,
for example where the Departure Date is
imminent. You additionally recognise that, in order to resell, FOCL may, at its absolute discretion, remarket the cruise at a discounted rate. FOCL will not be regarded as having successfully resold a Holiday until all tickets of a comparable level and characteristics to the resold Holiday (e.g. in terms of price, level of cabin and other additional elements included in the Booking) have sold out for that particular Holiday at the Date of Departure. Where a Holiday has been successfully resold, FOCL may, at its reasonable discretion, refund all or part of the Price paid by you. In all circumstances, any such refund will be less reasonable deductions such as to account for the cost of remarketing and rebooking the Holiday and less any shortfall between the Price paid by you and the price at which the cruise is resold. 6.4 Cancellation fees may be insurable. It is the Passenger’s responsibility to make any such claim under the terms of his/ her insurance policy. Holiday insurance premiums cannot be refunded in the event of cancellation. 6.5 If you have already started your Holiday but are unable to continue for any reason whatsoever
including
repatriation, illness, incapacity, death, or any unavoidable and extraordinary event, FOCL may resell any unused services or accommodation without offering any refund to you. 6.6 Where FOCL offers certain Special Offers, it reduces its margin on that Holiday and loses the opportunity to sell the Holiday at full price. Therefore, special terms and conditions apply to Special Offers in order to make them commercially viable for FOCL. Unless otherwise indicated, and subject to clause 6.3 above, no refund will be available in the event of the cancellation by you of any Special Offer. 6.7 No refund will be available for pre-cruise and post- cruise land tours where these are cancelled by you 90 days or fewer before your Departure Date. If cancelled 91 days or more before the Departure Date, a non-refundable deposit will apply in accordance with clause 4.1. You will also be
Visit
fredolsencruises.com, contact your travel agent or call 0800 0355 151
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