1. YOUR HOLIDAY CONTRACT
1.1 When you make a booking you guarantee that you are over 18 years of age and have the authority to accept and do accept on behalf of your party the terms of these booking conditions. You also consent to our use of personal data in accordance with our Privacy Policy and are authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements). You further accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1.2 A booking is made with us when you pay us a deposit (or full payment if you are booking within 20 weeks of departure) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. Providing your chosen holiday is available and we have received all appropriate payments, we will send our Confirmation Invoice to you. Please note: It may not be possible to confirm your flight details at this point. If so, these will be confirmed to you at a later date. A binding contract between us only comes into existence when we send out our Confirmation Invoice. A contract will exist at this point, even if we are unable to confirm your flight details at that time. This invoice will show the balance due on your holiday that still has to be paid and also your flight details (where applicable and/or available). Please check all details are correct as soon as you receive your Confirmation Invoice, electronic cruise documents, flight tickets, ATOL Certificate (where applicable) and any other documents from us. If any details appear to be incorrect, you must inform us within 7 days of us sending the document to you for all documents other than flight tickets and e-tickets and within 5 days for flight tickets and e-tickets. Once your airline tickets have been issued, you must travel as per the itinerary in sequence as originally booked. Any flight sector not utilised will invalidate the ticket and the rest of the itinerary will automatically be cancelled.
1.3 The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 20 weeks prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case we shall retain your deposit.
1.4 This contract is made on the terms of these booking conditions, which are governed by the laws of England and Wales, and the exclusive jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
1.5 From time to time we may be required to collect personal information relating to you and your party to pass on to the relevant Immigration Authorities, equivalent government bodies in other countries and air carriers. You must therefore provide us with any personal information legitimately requested by us at the time of booking or where requested later, by the date we require you to provide that information. This information includes certain data set out in your passport, emergency contact information and insurance including the medical cover provided by the insurance provider. We will inform you at the time of booking, or as soon as we become aware, of the exact details required and the date we require that information. By providing us with the details requested under these Booking Conditions, you consent to the sharing of your personal data with third parties including where necessary the transfer of your personal data outside the European Economic Area for the purpose of fulfilling this holiday contract with you. If you fail to supply full and accurate details within the time limits we specify, we shall be entitled to refuse your booking or treat such failure to provide such information within the time limits specified as a cancellation of your holiday. Further, where we do not exercise our right to cancel your booking in these circumstances, you agree to reimburse us for any fines, surcharges or other financial penalties we incur as a consequence of any failure by you to provide full and accurate details within the time-limits we specified to you.
1.6 The combination of travel services offered to you is a package within the meaning of The Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, all bookings will benefit from the rights applying to packages pursuant to the applicable law in force at the time of booking. ROL Cruise will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, ROL Cruise has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.
1.7 Key rights under The Package Travel and Linked Travel Arrangements Regulations 2018 shall be available for your review at https://www.rolcruise.co.uk/package-rights
1.8 We endeavour to ensure that all the information and prices both on our website and in our marketing material are accurate, however occasionally changes and errors occur and we reserve the right to make changes to the details and prices at any time before a contract is formed. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking. Any such changes will be communicated to you before we issue our confirmation invoice.
2. YOUR FINANCIAL PROTECTION
2.1 We provide full financial protection for our package holidays.
2.2 For our flight-inclusive package holidays this is through our Air Travel Organiser's Licence (ATOL) number 6010, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.
2.3 When you buy an ATOL protected flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
2.4 We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
2.5 If we 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) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
2.6 When you buy a package holiday that doesn’t include a flight, financial protection is provided by a bond held by ROL Cruise with ABTA, under our ABTA membership number W6277. For further information please see www.abta.com.
3. YOUR HOLIDAY PRICE
3.1 We reserve the right to increase or decrease the prices of unsold holidays at any time. The price of your chosen holiday will be confirmed in accordance with clause 1.2 above. Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
(iii) the exchange rates relevant to the package.
3.2 Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
3.3 Even in the above cases, we will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements (excluding any amendment charges, insurance premiums, or additional services or arrangements). You will be charged for the amount over and above that.
3.4 If any surcharge is greater than 8% of the cost of your holiday (excluding any amendment charges, insurance premiums, or additional services or arrangements ) you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements.
3.5 You have 14 days from the issue date printed on the surcharge invoice to tell us of your preferred option failing which we shall deem you to have accepted the change and will invoice you accordingly for such additional costs and indicate the time period to make such additional payment. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is later.
3.6 We promise not to levy a surcharge within 30 days of the start of your holiday, nor will refunds be paid during this period.
3.7 Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place. Where a refund is due, we will pay you the full amount of the decrease in our costs.
3.8 We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking. Please note any changes you make to your booking may result in a change in price explained in section 4 below.
3.9 When you make your booking you must pay a non-refundable deposit the amount of the non-refundable deposit will be notified to you at the time of booking. The balance of the price of your travel arrangements must be paid at least 20 weeks before your departure date. If the deposit and/or balance are not paid in time, we reserve the right to cancel your travel arrangements. If the balance is not paid in time and we choose to cancel your travel arrangements we shall retain your deposit and the cancellation charges in clause 6 below will apply. All reservations made less than 20 weeks prior to departure require full payment at the time of booking. Some promotional airfares also require full payment at the time of booking.
3.10 Payment may be made by any of the following methods:
(i) by Direct Debit; or
(ii) by bank transfer to our bank account; or
(iii) by cheque; or
(iv) By Debit or Credit card.
You agree to make payment of all sums payable under these terms in time to ensure that we have received payment in full in cleared funds by the relevant due date.
4. IF YOU CHANGE YOUR BOOKING
4.1 If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our best to help, however we may not always be able to meet your request and we cannot guarantee that we will be able to do so. Any request for changes to be made must be made in writing by the first named person on the booking. Where we can meet a request, you will be asked to pay an administration charge of £75 per person, and any further cost we incur in making the alteration, and/or any costs imposed by any of our suppliers in making this change. Whenever requested changes are possible, the costs of any changed elements will be recalculated, taking into account any seasonal flight or occupancy rates, cancellation charges or other supplements and a revised invoice will be issued. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible to request any changes.
4.2 Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Please note that changes to flights are often treated as cancellations by airlines. Dependent on the flights booked, you may not be able to make any changes after we have confirmed the booking without you having to pay the full cost of the tickets originally booked.
4.3 Where we are unable to make any requested changes and you do not wish to proceed with the original booking we will treat this as a cancellation by you and cancellation fees will apply in accordance with clause 5 below.
4.4 If you wish to change your holiday to another Package operated by us, this will generally be treated as a cancellation under clause 5.1, and cancellation fees will apply. We will allow this rebooking without treating it as a cancellation if the holiday you wish to change to is for the same or a higher price. Agreement to transfer a Package would also be conditional upon such a request being made more than 20 weeks before the original scheduled departure date; there being availability; and to payment of any expenses (such as airline and/or hotel charges) incurred by us as a result. Such a transfer would only be allowed on one occasion per customer. The criteria for allowing transfers may be changed at any time without notice.
4.5 All transfers to another Package pursuant to clause 4.4 above will be treated as a new booking. Any discount or promotion applicable to the original booking may not apply to the new booking, in which case you will be required to pay any difference in price.
4.6 Transfer of a Booking: If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
(i) that person is introduced by you and satisfies all the conditions applicable to the holiday;
(ii) we are notified not less than 7 days before departure;
(iii) you pay any outstanding balance payment, an amendment fee of £75 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
(iv) the transferee agrees to these booking conditions and all other terms of the contract between us.
4.7 You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 5 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
4.8 Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
4.9 Any request for a transfer of a Package to another person which is received by ROL Cruise less than 7 days before the scheduled departure date shall be treated as a cancellation by the Guest of the Contract and a cancellation charge under clause 5.1 shall become payable.
4.10 If you choose to deviate from your confirmed itinerary once you are in resort, and/or if you need to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them. If you deviate from the itinerary then our local representative will be unable to notify you of important information relating to your itinerary and you may miss important aspects of your itinerary including (without limitation) transport to and from your accommodation and the relevant port or airport. In these circumstances, we will not be liable for any losses or costs which you incur as a result, unless these are due to our improper performance of the contract.
5. IF YOU CANCEL YOUR HOLIDAY
5.1 If you or anybody travelling with you wishes to cancel either your/their holiday, you must contact us and give notice in writing to ensure safe receipt of the cancellation. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.
5.2 Generally, if you cancel you will have to pay the cancellation charges set out below on the total price of the booking: For cancellations received, the following cancellations charges will apply:
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Period before departure in which you notify us
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Cancellation charge
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140 days or more
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Deposit only
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139 - 58 days
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50% of holiday cost
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57 – 0 days
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100% of holiday cost
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5.3 Please be advised that the minimum cancellation charge will always be the loss of deposit including any increased deposit amount arising from upgrades, add-ons, deviations, and extensions.
5.4 Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you at the applicable higher price.
5.5 If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Claims must be made directly to your insurance company.
5.6 Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
6. CANCELLATION BY YOU DUE TO UNAVOIDABLE & EXTRAORDINARY CIRCUMSTANCE
6.1 You may terminate the package travel contract at any time before the start of the package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your holiday destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation.
6.2 For the purposes of this clause, “unavoidable and extraordinary circumstances” may include warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination as agreed in the package travel contract.
6.3 Clauses 5 and 6 outline the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
7. IF WE CHANGE OR CANCEL YOUR HOLIDAY
7.1 As we plan your travel arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
7.2 In the event of ‘Minor’ changes, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you.
7.3 We regret we cannot guarantee that the cruise lines will call at every advertised port or follow every part of the itinerary. Itineraries may change from time to time, both before and after your sailing departs. The cruise lines have the right to omit or substitute any port(s), call at any additional port(s), vary the order of call for ports, change the time of arrival at, departure from or time spent at any port of call, deviate from the advertised itinerary in any way or substitute another ship and we will not be held liable for any such changes.
7.4 The order and timings of your confirmed itinerary are subject at all times to changes, substitutions and variations, without notice, and this will always be considered a ‘minor change’ for which no compensation will be payable. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard and/or changes of carriers. Please note that carriers such as airlines may be subject to change.
7.5 If we make a significant change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. A significant change, when made before departure, includes (for example) changing your departure airport (except between Heathrow, Gatwick, Luton, Stansted and London City) dependent upon particular circumstances, or a difference of more than 12 hours in departure times, or a change in your cruise ship to a lower class of ship, resort area or an offer of a lower classification cabin or hotel accommodation.
7.6 We will not cancel your travel arrangements less than 18 weeks before your departure date except for reasons of Events Beyond Our Control (please see clause 8) or failure by you to pay the final balance by the due date for payment.
7.7 If we make a significant change or cancel your holiday, you will have the choice of:
(i) (for significant changes) accepting the change of arrangements,
(ii) Having a refund of all monies paid, or
(iii) If available and where we offer one, accepting an offer of alternative travel arrangements of equivalent or superior quality from us (we will refund any price difference if the alternative is of lower value)
7.8 You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the alternative travel arrangements and you agree that we can process your booking for the alternative travel arrangements.
7.9 Changes to the last confirmed itinerary may become necessary after you have departed from the UK for a variety of reasons such as but not limited to prevailing weather and sea conditions, guest emergencies, providing assistance to other vessels and the ship being unable to operate at its normal speed(s) due to unexpected mechanical or technical problems. We will of course do our best to avoid any changes that will have a significant detrimental effect on your last confirmed itinerary. However, we cannot accept any liability in respect of any changes which result from circumstances outside our control or which do not have a significant detrimental effect.
8. EVENTS BEYOND OUR CONTROL
8.1 Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond our Control”. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
8.2 Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Events Beyond Our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
9. COMPENSATION
9.1 In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
(i) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
(ii) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.
9.2 The compensation will be payable for each paying passenger on your booking. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
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Period before departure in which you notify us
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Amount you will receive from us |
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More than 140 days
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£0
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58 0 139 days
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£20
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0 - 57 days
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£30
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9.3 IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
(i) where we make a minor change;
(ii) where we make a significant change or cancel your arrangements more than 18 weeks before departure;
(iii) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
(iv) where we have to cancel your arrangements as a result of your failure to make full payment on time;
(v) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
(vi) where we are forced to cancel or change your arrangements due to Events Beyond Our Control (see clause 8).
9.4 If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
10. IF YOU HAVE A COMPLAINT
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services address set out above, giving your booking reference and all other relevant information. Please keep your letter concise and to the point so that we can identify and respond to your complaint as quickly as possible. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
11. OUR LIABILITY TO YOU
11.1 We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your confirmation itinerary and invoice, and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmation itinerary and invoice, and the information we provided to you regarding the services prior to booking.
11.2 We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.
11.3 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from :
(i) the acts and/or omissions of the person affected ; or
(ii) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable ; or
(iii) Events Beyond Our Control (as defined in clause 8).
11.4 We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(i) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(ii) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(iii) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
(a) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
(b) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
(c) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
11.5 Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the confirmation itinerary and invoice, and the information we provided to you regarding the services prior to booking, and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
11.6 It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
11.7 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
11.8 Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(i) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;
(ii) relate to any business;
(iii) indirect or consequential loss of any kind.
11.9 We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
11.10 Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
12. PROMPT ASSISTANCE IN RESORT
12.1 If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
13. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
13.1 It is your responsibility to check and fulfil entry, passport, visa, and other immigration requirements, safety and health formalities applicable to your itinerary. We can provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates, the Foreign, Commonwealth and Development Office (‘FCDO’) and your own doctor as applicable. Requirements and the safety of the countries and areas in which you will be travelling to, do change and you must check the up to date position in good time before departure in order to make your decisions accordingly.
13.2 Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
13.3 If there is a visa requirement for your itinerary, particularly if you are visiting countries in the U.S/North America, Asia, the Middle East, China, Canada, India, Vietnam and Australasia, you may contact our recommended visa agent; CIBT Visas for advice and to purchase the most up to date visa requirements for your cruise. Alternatively and to stay up to date on the latest visa requirements, please go to: https://www.gov.uk/travel-abroad Please note: that the above visa advice is for UK passport holders only. Guests who hold other nationality of passports should check with either CIBT Visas or with the relevant embassy of each port of call.
13.4 Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov.
13.5 We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or health formalities.
13.6 Please take special note that for all air and sea travel within the British Isles, airlines and other travel suppliers require photographic identification of a specific type. Please ask us for full details.
13.7 Please contact your G.P. for advice and the most up-to-date health requirements for all destinations featured on your itinerary at least 8 weeks prior to travel. Information on health is also contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health Office and most Post Offices. Further travel advice can be found on www.fitfortravel.scot.nhs.uk and www.nathnac.org. Each country-specific page has information on vaccine recommendations, any current health risks or outbreaks, and factsheets with information on staying healthy abroad. Guidance is also available from NHS (Scotland) on the FitForTravel website. General information on travel vaccinations and a travel health checklist is available on the NHS website. You may then wish to contact your health adviser or pharmacy for advice on other preventive measures and managing any pre-existing medical conditions while you’re abroad.
13.8 The legal status and regulation of some medicines prescribed or purchased in the UK can be different in other countries. For example, In the UAE, some prescribed and over the counter medicines are considered controlled substances and can’t be brought into the country without prior permission from the UAE Ministry of Health. If you intend to take medicines abroad you should check before travelling.
13.9 For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC). For more information, see https://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic.
13.10 The Foreign, Commonwealth & Development Office (FCDO) provides general advice about most destinations around the world. You can visit www.gov.uk/knowbeforeyougo to access travel information from the FCDO.
14. EXCURSIONS, ACTIVITIES OR TOURS
Only excursions, activities or other tours referred to in the travel itinerary we issue to you form part of your package holiday. Any excursions, activities or other tours which you choose to book and pay for directly with an independent supplier are not part of your package holiday provided by us. For any excursion, activity or other tour that you choose to book or pay for whilst you are on holiday your contract will be with the operator of the excursion, activity or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
15. SPECIAL REQUESTS
15.1 Requests for adjacent, adapted or non-smoking rooms, etc. or any other special requests should be made at the time of booking. You should confirm your requests in writing. Whilst we make every effort to facilitate a special request, we cannot guarantee that we will be able to and such requests do not form part of your contract with us. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part. We do not accept bookings that are conditional upon any special request being met.
15.2 To eliminate error, specific airline seating arrangements, meal requests and any wheelchair requests should be made by passengers at the time of booking. It should be noted that your air ticket provides you with transport from your city of departure to the city of arrival and is no guarantee of a particular seat aboard the plane, which the airline reserves the right to change, even after confirmation.
16. INSURANCE
16.1 Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. You agree to confirm to us in writing when requested the name of your insurance company and your policy number. If you fail to provide this information we will be unable to send out your travel ticket and you will be unable to travel. We will be unable to refund any of the monies paid by you unless you are entitled to a refund under clause 7 above.
16.2 Please check your policy carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. pre-existing medical conditions) and take the policy documents with you on holiday. Failure to disclose relevant information may affect your insurance.
16.3 If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
17. BEHAVIOUR
17.1 All guests are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our reasonable opinion or in the reasonable opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
17.2 We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
18. DISABILITIES AND MEDICAL REQUIREMENTS
18.1 We are not a specialist disabled holiday company. We will do our utmost to cater for any special requirements you may have, but we cannot guarantee that we will be able to meet these requirements.
18.2 You must ensure that you are medically and physically fit for travel, and that such travelling will not endanger yourself or anyone else.
18.3 If you or any member of your party has any medical requirement or disability which may affect your stay, please provide us with full details before you make your booking so that we can advise as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the travel arrangements.
18.4 Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned despite making any reasonable adjustments we can make, we will not confirm your booking or if you did not give us full details at the time of booking, we will be entitled to cancel your booking and treat this as a cancellation by you under clause 5.
18.5 Should your needs change after booking or you become aware that you need assistance as described above you must notify us immediately and we will make reasonable efforts to assist you at that time. Based on the information you provide about any special needs you may have we will assess the suitability of the trip based on those needs as we owe you a legal duty of care to ensure you are reasonably safe whilst in our care. If we consider that, because of your special needs, your booked holiday is unsuitable, we will make contact with you as soon as possible after you have provided information to us about your needs to explain our reasons and assess any possible alternatives.
18.6 Pregnant women are highly recommended to seek medical advice from their doctor prior to travel at any stage of their pregnancy. Women who are 24 or more weeks pregnant will require a medical certificate of fitness to travel. Some airlines/cruise lines refuse to carry women who will be entering their 24th week of pregnancy by the beginning of, or at any time during their time with them. Please check with the airline/cruise line concerned as their rules may vary.
19. FLIGHT DELAYS, MISSED TRANSPORT ARRANGEMENTS AND OTHER TRAVEL INFORMATION
19.1 If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
19.2 Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
19.3 We cannot accept liability for any delay which is due to any of the reasons set out in clause 8 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
19.4 The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
19.5 Please note the existence of a “UK Air Safety list” (available for inspection at https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates/) detailing air carriers that are subject to an operating ban within the UK.
19.6 This website/brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
20. STAR RATING
20 20.1 Please note that the star rating applied to any particular aspect of your travel arrangements is the star rating we have applied following liaison with local suppliers, it is not an official rating. If you have any concerns regarding the star rating applied to any aspect of your travel arrangements please notify us of your concerns as soon as possible and ideally whilst in resort.
21. INFANTS
21.1 Please note that in accordance with Air Navigation orders, infants must be less than 2 years of age on the date of their return flight, to qualify for infant status. Not all our destinations or suppliers accommodate infants and some of our tours will not be suitable for infants. Please contact us prior to making a booking so that we can advise as to the suitability of your chosen arrangements for infants.
22. CONDITIONS OF SUPPLIERS
22.1 Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
22.2 Please note that carriage by sea is subject to the Carrier’s conditions of carriage, are expressly incorporated into this contract, copies of which are available upon request. For the purposes of this contract the Carrier at sea shall be the cruise supplier.
23. ABTA
23.1 You agree to accept that in the event of our insolvency, ABTA may arrange for the travel services you have booked to continue, or for a suitable alternative to be provided at the same cost of your original booking. You also agree to accept that in circumstances where the travel services supplier provides the services you have booked, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.
23.2 We are a Member of ABTA, membership number W6277. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
