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 responsible for paying on demand any unrecoverable sum paid or payable to a third party supplier in connection with the cancelled pre-cruise or post-cruise land tour. 6.8 Where you cancel a Fly-Cruise (or the flight element of a Fly-Cruise), the airline’s cancellation terms will apply to the cancellation and you will be liable for any costs that result, in addition to any cancellation charges due to FOCL for the cruise and other elements of the cancelled Holiday, in accordance with this clause 6.
7. Alteration and Cancellation by FOCL 7.1 FOCL reserves the right to cancel any Holiday at any time on the giving of written notice to the Passenger. In any such instance the terms of the ABTA Code of Conduct will apply. Your statutory rights are not affected. 7.2 Published Holiday details in FOCL brochures and any Holiday details notified to you at the time of placing your Booking may be subject to alteration after the Booking has been concluded where this becomes necessary as a result of events, changes in circumstances or other factors that have occurred or arisen since the Holiday was originally planned by FOCL. FOCL’s priority is to provide you with the Holiday you booked as far as possible for its duration. Alteration may include (without limitation) omitting, substituting or adding ports of call, restricting the availability of any on-board facilities and services available at any time or otherwise changing the itinerary (including routing of the cruise vessel or flights and port of embarkation and disembarkation), schedule, cruise vessel or other arrangements that form part of the Holiday. Alteration of the Holiday may (without limitation) be made of necessity in the interests of promoting the health, safety, comfort or enjoyment of Passengers or the operational efficiency of the Holiday, for example (but not limited to) the occurrence of a security risk or infectious illness. Alterations of the nature described in this clause 7.2 will not amount to significant alterations of the Holiday. Your statutory rights remain unaffected. 7.3 Where possible and appropriate FOCL will seek to ensure that any changes are kept to a minimum and do not take place within 14 days of the Departure Date unless due to a Force Majeure Event. 7.4 Where before the Departure Date it becomes impossible to provide your Holiday (even by making changes) due to an Force Majeure Event, then FOCL will give notice of cancellation of the Holiday as soon as practicable and you will be offered (where possible) the choice of a replacement Holiday of equivalent value or a refund of all monies paid under the Booking. 7.5 FOCL has the right up to 90 days before the Departure Date to cancel any Booking or any part of a Holiday because the minimum number of Passengers needed has not been achieved. 7.6 Where after the Departure Date it becomes impossible to provide any part of a Holiday due to a Force Majeure Event, FOCL or any other party acting as operator will make suitable alternative arrangements to provide the Holiday at no extra cost to you. If this is not possible, equivalent transport will be provided back to the place of departure or on to the final destination and where the Holiday is curtailed, then for each whole day lost, you will be reimbursed an amount equivalent to the daily cost of the cruise part of the Holiday. 7.7 It is a condition of the Booking that the Passenger will act in good faith towards FOCL at all times. In the event that the Passenger breaches this clause 7.7, FOCL shall have the right to treat the Booking as cancelled by you, and to terminate the Booking immediately. 7.8 Where delay occurs during the Holiday as a result of a breach of these Conditions by FOCL or any other party acting as operator on FOCL’s behalf, then alternative arrangements will be made where required and where possible to ensure the continuation of the Holiday. 7.9 In the event of cancellation, alteration or delay (including prolongation of the Holiday) FOCL will not be responsible for individual circumstances or arrangements, or any losses arising from individual circumstances or arrangements.
8. Conduct, Safety and Security 8.1 If it appears, in FOCL’s complete discretion, during or after the booking process, embarkation or during your Holiday, that you are, or may become, for any reason unfit to travel or that you may endanger or prejudice the health or safety or comfort of you or anyone else, for example, but not limited to: 8.1.1 aggressive or abusive behaviour; 8.1.2 reasons of personal hygiene; or 8.1.3 accident or medical incident prior to embarking the Holiday, on the way to the port or in the terminal that needs medical attention ashore; 8.1.4 failure to comply with on-board policies including (without
limitation) the Guest Conduct Policy (see clause
8.8 below & FOCL Website), Smoking Policy (see clause 17) and Alcohol Policy (see clause 18), then a duly authorised representative of FOCL or any other party involved in the supply of services under your Booking may deal with you as may be considered necessary by for example, refusing to confirm your Booking, cancellation of an existing Booking, ban on future travel, transferring you from one Cabin or seat to another or restraining, confining or refusing to embark you or requiring you to disembark at any port or place. In such circumstances, you will not be entitled to any refund, compensation or contribution to or reimbursement of travel costs or expenses of any kind and you shall be liable to pay any fines, losses, compensation or other amount due to any third party. In no circumstances shall FOCL have any liability
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for prevention of boarding of any form of transport due to a decision made by any third party. 8.2 FOCL and any other party with responsibility for Passengers’ safety during a Holiday will have the right to make, enforce and change (without prior notice) rules and policies for the conduct of Passengers relating to matters including, but not limited to, dress, behaviour, alcohol and food. 8.3 No animals (expect registered Assistance Dogs (see clause 13 below)), dangerous articles, or controlled or prohibited substances may be brought on the Holiday and/or vessel. 8.4 For safety and security reasons it may be necessary for servants or agents of FOCL to search Passengers, their Cabins or their luggage. You agree to allow this to take place when authorised by the Captain or a security or other officer of the vessel, and to follow any instructions or orders in this regard. 8.5 You are responsible for any loss or damage caused by you or your personal possessions during the Holiday to any property, person, third party or to FOCL, no matter how that loss or damage is caused. FOCL reserves the right to demand immediate reimbursement / compensation for any loss or damage caused by you and/or to require a reasonable sum to be placed on account while the value of any loss or damage is determined. 8.6 You confirm your agreement to the use of CCTV throughout all FOCL vessels and in public areas at ports and terminals. This is for the safety and security of Passengers and crew. CCTV images may be retained by FOCL for a reasonable period of time and you acknowledge that CCTV images may be used as evidence in any claims brought against FOCL by you or against you by FOCL. CCTV will not be in operation in areas such as toilets or private Cabins. 8.7 FOCL reserves the right to restrict the use of recording and photographic equipment by Passengers, where, in FOCL’s sole discretion, its use might be perceived as invasive or inappropriate to FOCL, it’s Passengers, crew or any third party or where such activity might amount to a breach of copyright or other intellectual property rights of any person at any time. FOCL reserves the right to confiscate such equipment from Passengers, to be returned at the end of a cruise. In the event that a Passenger refuses to surrender such equipment upon demand, FOCL may rely on clause 8.1 above and require you to disembark the vessel. 8.8 Passengers must read and comply with our Guest Conduct Policy which is available on the FOCL Website and in all Cabins on FOCL vessels and, together with these Conditions, forms part of your Booking. 8.9 When in port, you are responsible for ensuring that you embark the vessel in advance of the advertised sailing times. FOCL will not delay the vessel’s departure should you fail to embark the vessel at the correct time. In such circumstances where you fail to embark the vessel prior sailing, you will not be entitled to any refund, compensation, or contribution to or reimbursement of travel costs or expenses, and you will be liable to pay any fines, losses and/or immigration costs.
9. Liability 9.1 FOCL and any other party that may be involved in the supply of services in connection with your Holiday (including, without limitation Third Party Service Providers, FOCL’s agents and employees and the owners and crew of any vessels involved in performing the services) shall be entitled, to the fullest extent possible, to benefit from the rights, defences, immunities and exclusions and limitations of liability in these Conditions and any conventions, regulations, rules, directives, laws, statutes, statutory instruments and/or other relevant forms of
regulatory codification (whether international,
national, local or otherwise) that might apply from time to time, including (without limitation) those relating to: 9.1.1 carriage by sea (e.g. the Athens Convention 1974 (as amended) (“the Athens Convention”)); 9.1.2 air (e.g. the Warsaw Convention 1929 (as amended by The Hague Protocol 1955) and/or the Montreal Convention 1999); 9.1.3 inland waterways (e.g. the Strasbourg Convention (as defined above)); and 9.1.4 hotel stays (e.g. the Paris Convention 1962). Nothing in these Conditions shall be deemed as a waiver thereof. 9.2 FOCL’s liability for any act, omission or other occurrence that falls outside the scope of the Conventions will be limited to the greatest extent permitted by law, save that FOCL’s liability for the loss of any money, jewellery, valuables or medication shall not exceed £250 per Passenger per Holiday. 9.3 Save as provided otherwise in these Conditions, where arrangements are made for the transportation of Passengers, their luggage and personal property, accommodation and other requirements arising from time to time that are ancillary to the cruise element of the Holiday, any terms and conditions, rules and regulations of airlines, owners or operators of any other ship and/or other providers of services such as transfer operators, hotels, etc. shall apply to the provision of the service in question, along with these Conditions. Where there is a conflict between these Conditions and any other terms that might apply pursuant to this clause 9.3, these Conditions will prevail. 9.4 River Cruise Bookings will be subject to the same limits of liability for loss or damage to luggage as ocean cruises, notwithstanding that the Athens Convention may not apply on its own terms. 9.5 FOCL accepts no liability for loss or damage caused to you where such loss or damage: 9.5.1 is attributable to your error or omission; or 9.5.2 is unforeseeable and unavoidable and attributable to any third party provider of services whose services are not part of the Holiday; or 9.5.3 is due to a Force Majeure Event or an event which
FOCL or another operator or supplier of services could not reasonably be expected to foresee or forestall including but not limited to unusual weather, sea or river conditions, including unusually high or low water. 9.6 FOCL accepts no liability in respect of arrangements or commitments made by you or on your behalf that are not part of the Holiday, including, but not limited to arrangements that you make directly, or via FOCL acting as agent only, with a service provider other than FOCL. 9.7 FOCL shall not in any circumstances be liable to a Passenger for any loss or anticipated loss of profits, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage. 9.8 Passengers are advised, wherever possible, not to pack money, jewellery, other valuables or medication in their luggage and must ensure that their personal possessions and valuables are with them at all times (subject to any laws and regulations that might prohibit this, e.g. restrictions on the carriage of liquids in hand luggage on-board flights). 9.9 All carriage (by land, air, sea and inland waterway) is subject to the conditions of carriage of the actual operator / carrier. These may limit or exclude the operator’s liability. Save as otherwise provided in these Conditions, the operator’s / carriers’ conditions of carriage are expressly incorporated into the Booking and are deemed to be expressly accepted by the Passenger at the time of the Booking. FOCL shall be entitled to benefit from any limits or exclusions of liability contained within and under no circumstances shall FOCL’s liability exceed that of the operator / carrier in question. Copies of any applicable operator / carrier terms and conditions are available on request from FOCL. Where there is a conflict between these Conditions and any other terms that might apply pursuant to this clause 9.9, these Conditions will prevail. This clause 9.9 does not apply to River Cruises. 9.10 In the event that an unplanned stay of one night or more becomes necessary as a result of a cancellation or delay, FOCL shall use reasonable endeavours to provide adequate accommodation either on-board or ashore, and transport to and from the port terminal and place of accommodation. FOCL reserves the right, at its discretion, to limit its expenditure in these circumstances to EUR 125 per Passenger per night, for a maximum of five nights (excluding transport costs). Passengers may be required to pay any balance in the cost of accommodation.
10. Claims 10.1 FOCL will respond to issues raised by Passengers in accordance with ABTA’s Code of Conduct. 10.2 Where an issue arises that could give rise to a complaint against FOCL, you agree to follow the following dispute resolution procedure. Please see clause 10.9 below for the procedure that applies in relation to Third Party Service Providers. FOCL will not consider any claim for compensation from third parties (including lawyers) unless and until sub- clauses 10.2.1 to 10.2.3 below have been fully complied with: 10.2.1 You must discuss any issues which could give rise to a complaint as soon as practicable with the vessel or hotel management, airline staff or other supplier of the services concerned. 10.2.2 If the matter is not rectified to your satisfaction, you must address any complaint to FOCL in writing within 14 days of the conclusion of the Holiday. FOCL will provide a full response within 28 days. 10.2.3 If the parties cannot reach an agreement by engaging in the steps set out above, the Passenger and FOCL agree to refer the dispute to the ABTA Conciliation Scheme. 10.2.4 If the parties fail to reach an agreement having exhausted the steps set out above then they may refer the dispute to arbitration, subject to the rules of the ABTA Arbitration Scheme, or issue proceedings at Court. 10.3 In the case of any claim for loss, damage or delay to luggage please note that: 10.3.1 it is assumed that luggage has been delivered undamaged to you unless notice is given immediately to FOCL; 10.3.2 you must immediately claim against the carrier or carriers directly responsible for performing the carriage where the loss or damage happened, when the loss or damage becomes apparent, and in any event within 15 days from the date of redelivery, or when redelivery should have taken place; and 10.3.3 if you wish to make a claim against FOCL, you must follow the dispute resolution procedure at clause 10.2 above. 10.4 You may be required to assign your rights against any carrier or other third party to FOCL as a condition of any settlement entered into between FOCL and you. 10.5 Any settlement paid by FOCL will be reduced: 10.5.1 to take into account any contributory negligence of the Passenger; and 10.5.2 by the maximum deductible payable under any applicable Convention. 10.6 Unless a longer period is provided for by force of law, any claim shall be time barred if proceedings are not issued within 2 years of the end of the Holiday (i.e. the date that the vessel berths for disembarkation or for any Fly Cruise, the date that the return flight lands at the arrival airport). 10.7 No claims or complaints will be considered by FOCL unless all on-board debts have first been settled in full,
in
accordance with clause 3.5 above. 10.8 In circumstances where, in FOCL’s sole discretion, the commercial relationship between FOCL and you has irrevocably broken down for any reason, FOCL will be entitled (but not obliged) to exercise its right to cancel any future bookings in accordance with clause 7 above and to refuse to take any Bookings from you in future. 10.9 Third Party Services do not form part of your Booking
Visit
fredolsencruises.com, contact your travel agent or call 0800 0355 067
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