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take reasonable steps to assist Passengers with issues arising with Third Party Service Providers, subject to the following procedure being followed: 10.9.1 Where possible, you must discuss with the Third Party Service Provider any issues which could give rise to a complaint, as soon as practicable and before escalating your complaint through other channels. 10.9.2 If the issue is not resolved immediately, it should be notified to an FOCL representative on-board the vessel, hotel management or the FOCL Tour Manager. 10.9.3 If the matter cannot be swiftly resolved by following the steps above, the Passenger must address its complaint to FOCL in writing as soon as possible after the cause of the complaint has arisen. 10.9.4 FOCL will take reasonable steps to assist the Passenger to resolve their complaint, either by liaising with the Third Party Service Provider on the Passenger’s behalf, or by putting the Passenger in touch with the Third Party Service Provider. 10.9.5 If these steps do not lead to a resolution, then it is the Passenger’s responsibility to pursue the matter further against the Third Party Service Provider. 10.9.6 For the avoidance of doubt, nothing in this clause 10.9 shall be taken as an admission or acceptance of liability by FOCL for the circumstances giving rise to a complaint against a Third Party Service Provider.


11. Medical Assistance 11.1 All Passengers must ensure that they have travel insurance that provides adequate cover taking into account their


personal circumstances; that all known medical


conditions have been declared to their insurers; and that, where necessary, special provision has been made for any medical condition they have to ensure that they are not left in a position where significant uninsured medical expenses might be incurred. 11.2 Each vessel (River Cruise vessels excluded - see clause 21) has on-board a qualified doctor and a medical centre equipped for first aid and minor conditions only. You hereby acknowledge and accept that the medical centre is not equipped like a land based hospital. The medical staff do not have expertise in any specialist fields of medicine, including paediatrics. Neither FOCL, the on-board medical staff nor the carrier shall have any liability for losses suffered (including through illness, injury and/or death) as a result of a medical condition, the treatment of which requires expertise beyond that held by the on-board medical staff or equipment or drugs beyond what is carried on board. Passengers acknowledge that if the risk of them requiring specialist or emergency treatment is elevated to any material extent (however slight) by comparison to a person without the condition in question, then they must not embark on the vessel, as to do so would put them and/or other Passengers at risk. FOCL accepts no liability for Passengers that breach this clause 11.2, and any Passenger embarking on a cruise with such a medical condition does so entirely at their own risk. 11.3 FOCL may afford Passengers assistance if they suffer illness, personal injury or death during their Holiday. Such assistance may take the form of advice, guidance or initial financial aid where appropriate and is subject to FOCL’s complete discretion. Where a Passenger lacks the capacity to decide on any assistance to be provided or where, in FOCL’s sole discretion, the provision of assistance is necessary to ensure the safety of the either the Passenger, other Passengers or any other person, the Passenger gives FOCL irrevocable authority to organise any necessary assistance on their behalf. All expenses (including without limitation those associated with medical treatment, repatriation expenses, travel expenses and the cost of local assistance e.g. from a port agent)


incurred in providing assistance to Passengers


under this clause 11.3 shall be for the Passenger’s account and the Passenger hereby indemnifies FOCL in full for such expenses and undertakes to repay them on demand (whether or not the Passenger has insurance cover for some or all of the expenses). The Passenger gives FOCL authority to contact any third party including their general practitioner or other medical practitioner and/or insurers to obtain any necessary information or documentation. 11.4 It is a Passenger’s obligation and responsibility to seek medical assistance if necessary during the Holiday and the Passenger will be solely responsible for paying for any on- board medical services including but not limited to any medical treatments provided and repatriation services, which will be charged on the same basis as private medical health care. Medical services provided on-board are outside the ambit of the UK National Health Service. 11.5 In the event of illness or accident, Passengers may have to be landed ashore for medical treatment and FOCL reserves the right to charge Passengers a medical assistance fee, in return for services provided. Should a Passenger decline to pay the medical assistance fee, then they will be liable for making all of their own arrangements associated with their medical disembarkation, for example but not limited to, transport, hotel arrangements, contact with their insurance company and setting up their initial case, etc. with no assistance from FOCL or their port agent. 11.6 Medical facilities and standards vary from port to port. FOCL makes no representation and accepts no responsibility for the quality of any medical facilities or treatments at any port of call or at the place at which the Passenger is landed. Passengers acknowledge that it is not possible for FOCL’s employees, servants or agents to remain ashore when a cruise is scheduled to depart from a port of call, nor is it possible for any departure to be delayed. Where possible, FOCL’s head office will provide Passengers with reasonable discretionary support and assistance after leaving the vessel. However, FOCL has no contractual responsibility for this


270


and FOCL recommends you liaise directly with your insurers for assistance. 11.7 The fitness of any Passenger to travel or continue their Holiday shall be a matter for FOCL and the on-board doctor to determine at their sole discretion. The vessel’s doctor has the authority to require a Passenger to remain in their Cabin or to issue other orders that are reasonable and proportionate to protect the health, safety and comfort of the Passenger and others on-board the vessel. 11.8 In the event that a Passenger fails to remain in their Cabin or to comply with any other instruction given by the vessel’s doctor pursuant to clause 11.7 above, FOCL shall be entitled to require that Passenger to disembark the vessel at any port of call, and shall have no liability whatsoever to that Passenger for costs incurred as a result (including, without limitation, by way of any refund of the Price paid by the Passenger for the Holiday, accommodation costs or further travel costs). FOCL also reserves the right to cancel and/or refuse to accept any future Bookings from the Passenger in question. 11.9 FOCL and/or any relevant Third Party Service Providers and/or the health authorities at any departure point shall be entitled to administer a public health questionnaire. The Passenger


shall supply accurate information, including


in relation to any symptoms of any illness experienced, including but not limited to gastrointestinal illness and other similar conditions. Any refusal by a Passenger to complete a questionnaire will result in denied boarding. 11.10 Some foods served on board FOCL’s vessels and at other times during your holiday may cause allergic reactions and/ or illness in those with certain allergies or intolerances. FOCL can provide details of ingredients of food available on-board on request but it is your responsibility to bring any allergies and intolerances to FOCL’s attention, before you embark on the vessel and before you eat or drink anything during your Holiday. FOCL excludes liability for any loss suffered (including by way of illness, injury or death) as a result of a food allergy or intolerance experienced by you or any other Passenger during the Holiday, to the greatest extent permitted by law. 11.11 In the event that a Passenger fails to settle any medical assistance or repatriation costs, FOCL reserves the right without prejudice to any other remedies FOCL may have under these Conditions or otherwise, to cancel any future Bookings the Passenger may have made with FOCL and to offset any sums owed to FOCL by the Passenger against any sums due from FOCL to the Passenger. 11.12 FOCL is unable to provide any specialist paediatric care on-board its vessels. 11.13 Note the different provisions for River Cruises at clause 21.


12. Mobility and Assistance 12.1 Passengers acknowledge that carriage and boarding and disembarking a vessel can be difficult and/or unsafe for anyone with mobility issues and other forms of physical impairment, and those with certain medical conditions, due to the inherent characteristics of vessels, physical requirements of tendering (transfers from ship to shore on-board smaller vessels) and port facilities. The use of a stepped gangway and/ or negotiating steep flights of steps and/or unsteady/uneven surfaces may be unavoidable: 12.1.1 Under no circumstances


will


or servants agree to carry or lift Passengers to facilitate embarkation or disembarkation (including for access


FOCL’s employees to


flights, shuttle and tour buses and any other service ancillary to the cruise) or at any time while the Passenger is on board (including for access to or out of on-board bathing or swimming facilities). 12.1.2 FOCL cannot guarantee the availability of a level overhead walkway at any port on any vessel’s itinerary. 12.1.3 In accordance with EU Regulation EU1177/2010, FOCL reserves the right to refuse carriage and/or embarkation and/or disembarkation if, in FOCL’s reasonable opinion, the design of the vessel and/or the port infrastructure and/or the nature of a holiday at sea and/or any equipment required by the Passenger would make carriage unsafe or operationally unfeasible or


if embarkation or disembarkation of the


Passenger would risk a breach of national or international maritime safety standards. 12.1.4 It is Passengers’ responsibility to keep FOCL informed of any issue that poses a difficulty in relation to their mobility and/or physical capability on-board, whether


this arises


before or after the time of booking or during the Holiday. 12.1.5 Where vessel to shore tender services are suitable for wheelchair users, only collapsible,


lightweight wheelchairs


will be permitted. 12.1.6 If a requirement for extra assistance or any other special requirements arise after the Booking has been made then details must be given to FOCL as soon as possible, and in any event, no later than 48hrs prior to departure of the cruise. 12.1.7 Any Passenger refused passage for a reason related to their mobility or physical capability may request written confirmation with reasons from FOCL within 5 working days and may be entitled to an alternative cruise of similar value or reimbursement of the Price. 12.2 FOCL shall make reasonable endeavours to provide any extra assistance where requested, however if such assistance cannot be provided either at all or at a reasonable or proportionate cost, then FOCL reserves the right to deny embarkation and/or to pass such cost onto the Passenger and to treat this as a “cancellation by you” in accordance with clause 6. 12.3 Passengers must read FOCL’s General Mobility Policy which forms part of their Booking (note this does not apply to River Cruises) and is available on request and on the FOCL Website. If you have been asked to complete a General Mobility Questionnaire, you must return this at least 90 days before the Departure Date, or if booking within 90 days of the


Departure Date, within 7 days of booking. Failure to do so may result in a delay to the release of your tickets and/or to you being denied boarding. These circumstances will be treated as a “cancellation by you” in accordance with clause 6. 12.4 FOCL’s employees, servants and Third Party Service Providers are not trained to provide social or regular “non- emergency” nursing care or


supervision to Passengers.


FOCL does not agree to provide such care under the terms of your Booking. If you are travelling as a sole traveller who requires specific/extra assistance, FOCL reserves the right to require a person to accompany you who is able to provide such assistance and/or care. FOCL reserves the right to refuse embarkation or require Passengers to disembark the vessel if their presence on-board the vessel poses a risk to the health, safety or comfort of themselves or other Passengers, including in circumstances where such risk arises from the unavailability of extra assistance on-board. If FOCL refuses embarkation or requires the Passenger to disembark the vessel, then this will be treated as a “cancellation by you” in accordance with clause 6. 12.5 Any Passengers wishing to embark on a cruise with a mobility scooter, wheelchair or other similar mobility aid (together


“Mobility Aids”), must advise FOCL of this upon


booking. Space for Mobility Aids on-board is limited by the vessel’s safety plan which has been prepared in accordance with IMO/SOLAS Regulations (“the Safety Plan”). Failure to give advance notice of the need to bring a Mobility Aid on-board in accordance with this clause 12.5 will result in the Passenger being refused embarkation, and this will be treated as a “cancellation by you” in accordance with clause 6. 12.6 In the event that the need arises for a Passenger to use a Mobility Aid during a cruise, this will only be permitted in the event that the limits under the vessel’s Safety Plan (or any regulations that might apply) relating to the use of Mobility Aids have not been reached for that particular cruise. If such limits have been reached, FOCL or any other operator shall be entitled to require the Passenger to disembark the vessel at the next port of call, and shall have no liability whatsoever to the Passenger for any costs incurred as a result, including without limitation accommodation costs and further travel costs. 12.7 Any Passenger using a Mobility Aid on-board a vessel is responsible for operating it in a safe and appropriate manner. Due care and attention must be given to other Passengers and the user of the Mobility Aid will be fully liable for any damage or personal injury (whether to the user of the Mobility Aid or to other Passengers or crew) caused by such use. Passengers using Mobility Aids are also responsible for ensuring they hold the appropriate insurance for use of the Mobility Aid on-board the vessel. All Mobility Aids must be stored in the Passenger’s cabin when not in use. 12.8 Passengers with any impairment to their hearing or sight must provide FOCL with full details at the time of booking so that appropriate arrangements can be made for their holiday, and keep FOCL advised if anything changes prior to departure. At the time of embarkation and throughout their holiday, visually or hearing impaired Passengers must either: 12.8.1 be capable of safely moving around the vessel unassisted, or with the assistance of an Assistance Dog (where permitted under these terms and conditions); or 12.8.2 be accompanied by an able bodied companion, whose assistance means that they can safely move around the vessel. If (in FOCL’s reasonable opinion) this clause is not fully complied with or Passengers’ presence on-board the vessel will pose a risk to the Safety Plan, FOCL will be entitled to refuse embarkation or require the visually or hearing impaired Passenger to disembark the vessel, at no cost to FOCL. 12.9 Note the additional provisions for River Cruises at clause 21.5.


13. Assistance Dogs 13.1 Subject to the remainder of this clause 13, FOCL is able to accommodate recognised assistance dogs (“Assistance Dogs”) on-board its vessels, where this is permitted by law and does not put at risk the health or safety of Passengers, crew or the Assistance Dog in question. Not all Holidays will be suitable for Assistance Dogs and FOCL reserves the right to refuse embarkation of Passengers and their Assistance Dogs, where this is the case. FOCL will provide a full explanation of the reasons for any refusal to embark in these circumstances. 13.2 You must give notice to FOCL at the time of Booking if you wish to bring an Assistance Dog on-board a vessel and you are fully responsible for your Assistance Dog during your Holiday. 13.3 Carriage of Assistance Dogs on-board is subject to compliance with animal health rules and guidelines applicable to the voyage, including in relation to, without limitation: 13.3.1 DEFRA requirements (which can take several weeks to administer); 13.3.2 Vaccinations and pet passports; and 13.3.3 Availability of veterinary services. 13.4 FOCL may require evidence that the Assistance Dog has been appropriately trained.


14. Enjoyment Promise 14.1 The Enjoyment Promise excludes pre-cruise stays and Holidays of 4 nights or fewer. The Enjoyment Promise only applies to Bookings made where the Date of Departure is more than 12 weeks after the date of the Booking. The Enjoyment Promise only applies to Passengers who have contracted with FOCL and excludes cruises on vessels operated by FOCL but booked through third party operators. 14.2 Should you wish to invoke the Enjoyment Promise, you will need to inform Guest Relations within 48 hours following the vessel’s departure from the original port of embarkation at the latest (24 hours for River Cruises). FOCL will arrange and pay for a flight and/or transport back to the


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