Standard Fare offers:
Offers featured on this website are subject to availability, maybe withdrawn at any time and are non-combinable with any other offer. No retrospective discounts can be applied. Standard Fares featured are based on current availability and are based on twin occupancy bookings. Standard Fare bookings will qualify for a 5% loyalty discount if you have sailed with Voyages of Discovery before. Cabin number is allocated on Standard Fare bookings.
Saver Fare offers:
All Saver Fares are per person based on two people sharing lowest twin-bedded inside/outside cabin category currently available, include all applicable savings, are for new bookings only and cannot be combined with any other discounts. All fares are correct at time of print, are subject to availability and may be changed or withdrawn at any time. No retrospective discounts can be applied. Prices include port charges, pre-paid airport and government taxes, service fees and on board gratuities for your cabin steward, dining room waiter and his assistant. Saver Fares have limited availability, are payable in full at time of booking and 100% cancellation and amendment fees apply. Cabin category, location and number will not be confirmed at time of booking but allocated nearer your departure. Saver Fares also exclude complimentary chauffeur service to the port/airport, car parking at the port, past passenger discount, back-to-back discount and coach transfers on no-fly cruises. Standard Fares are also available.
Full booking terms and conditions apply. Voyages of Discovery is a trading name of All Leisure Holidays ltd. ABTA W0302 ATOL 3897.
FAIR TRADING CONDITIONS - TRAVEL WITH CONFIDENCE
Last updated: 18/07/2013
1 THE CONTRACT
1.1 The contract is between All Leisure Holidays Limited trading as “Voyages of Discovery” (‘The Company’) and each person booking with the Company (including the parents or guardian of any person under 18 years of age) (“the Passengers”). Please note that information contained in the section headed “General Information” in our brochure or in these or any other comparable sections, and any other relevant information on our website also form part of your contract with the Company.
1.2 The Lead Passenger warrants as a fundamental term of the contract that he/she has read these terms and conditions and has the authority to and agrees to be bound by them. Furthermore that he/ she is authorised by each Passenger named on the confirmation invoice (and, where such passenger is under 18, by his or her parents or guardian) to enter into a contract with the Company on their behalf. Unless otherwise indicated, the Lead Passenger warrants that the Passenger information given may be used by the Company or its partners for future marketing purposes.
1.3 No contract exists until the Company has received the full deposit (or, where appropriate, the full price) and a confirmation invoice has been issued. Please note that a contract will exist even if the Company is unable to confirm all holiday details (e.g. flights) at the time of booking. A confirmation invoice will be sent to the Lead Passenger. There is no charge for payment of a deposit by credit card but a 2% charge will be made for any subsequent payments made by credit card.
1.4 All details on the confirmation invoice (and on any additional documents produced by the Company) will be deemed to have been accepted unless the Company receives notification to the contrary in writing from the Lead Passenger within 14 days of the date of dispatch (which will be deemed to be 2 days after the date of issue). If any errors are not immediately identified and reported, any cost of rectifying the same at a subsequent date must be met by the Passenger. Please note that Passengers not following these instructions will be fully liable for any costs that may subsequently be incurred in rectifying errors at a later date. In the case of flight tickets and e-tickets these must be checked by Passengers and the Company must be notified of any errors immediately.
1.5 It is expressly agreed that all Passengers and their luggage are carried subject to the Conditions of Carriage of the airlines and shipping company used, some of which limit or exclude liability. Copies of these conditions are available on request. Any compensation payable for non performance or improper performance of land, sea and air carriage services shall be limited in accordance with the international conventions which govern such services.
1.6 For bookings made through an approved ABTA Travel Agent, the Agent holds any monies paid on behalf of the Company.
1.7 The Company reserves the right to cancel bookings and levy cancellation charges on the scale in section 8 below if balance payments are not received in full at least 16 weeks before departure or by return post/credit or debit card for bookings taken less than 17 weeks before departure.
1.8 Travel insurance (where purchased through us or directly with a third party) does not form part of your contract with the Company or of any “package”.
1.9 All employees, agents, contractors, subcontractors, suppliers and insurers of the Company shall be bound by these Fair Trading Conditions.
1.10 These Fair Trading Conditions apply only to cruise packages booked directly with the Company and where the Company is acting as principal.
1.11 The contract and all other proceedings arising out of or in connection with it and or the services provided by the Company shall be governed by English law and the jurisdiction of the English courts. Passengers may, however, choose the law and jurisdiction of Scotland or Northern Ireland if they so wish.
2 THE BOOKING PROCESS
2.1 A deposit of £250 per passenger or 10% of the total fare due, whichever is highest (or full payment for bookings taken within 119 days of departure) is due on booking. A higher amount may be payable if any supplier(s) require additional payments for a service prior to the balance due date. Payment of a deposit means acceptance of these Fair Trading Conditions. The Company takes no responsibility for credit card or foreign currency transaction processing fees levied by issuing banks.
2.2 If the deposit and/or balance are not paid on time, the Company reserves the right to cancel the contract and apply any cancellation charges set out in section 8.
2.3 Passengers with physical or mental disabilities or other conditions which may require special treatment or assistance (including Passengers who may require the use of a wheelchair) must advise the Company at the point of enquiry. They may then be required to complete a questionnaire and upon receipt of which they may be asked to accept additional Fair Trading Conditions before a confirmation invoice is issued and a contract entered into.
2.4 The Company reserves the right to ask any Passenger to provide medical evidence of fitness to travel at the time of booking or at any point up to the beginning of the cruise.
2.5 The Company may (at its discretion) offer Passengers at the time of booking a guaranteed cabin booking (a “Guarantee Cabin”). Under such offers a Passenger is guaranteed to receive a cabin of a specified type although the precise location of the cabin is at the Company’s discretion. The Company may (at its discretion) upgrade a Guarantee Cabin to a higher category cabin at no additional cost to the Passenger. The Company may allocate specific cabins under guarantee offers at any time up until the Passenger arrives on the vessel at the port of embarkation. Once Guarantee Cabins have been allocated, the Company is unable to accept Passenger change requests. If Passengers book two or more back-to-back cruises and one or more cruise includes Guarantee Cabins, it is possible that Passengers may be allocated different cabins on each cruise and may need to move between cabins on changeover day(s).
3 PRICES AND SURCHARGES
3.1 The Company reserves the right to alter the published prices of any of the holidays. Passengers will be advised of the current price of the holiday that they wish to book before any contract is confirmed.
3.2 The price of the travel arrangements in this brochure was calculated using exchange rates quoted in the “Financial Times” on 1st March 2013. Changes in transportation costs (including the cost of fuel, port costs, taxes or other fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports) and exchange rates mean that the price of travel arrangements may change after booking. The Company undertakes, however, that no changes to charges will be made within 30 days of departure.
3.3 The Company will absorb and the Passenger will not be charged for, any increase equivalent to up to 2% of the total holiday cost (excluding insurance premiums and/or any amendment charges). The Company may, at its discretion, and subject to the approval of the relevant authority(ies), charge the Passenger any increase above 2%. If the increase is more than 10% of the price of their travel arrangements, Passengers will have the option of accepting a change to another holiday or cancelling and receiving a full refund of all monies paid, except for any insurance premiums and amendment charges. If the Company is able to offer another holiday and this alternative holiday is of equivalent or higher price to the original holiday booked, then the Passenger will not have to pay more. If the alternative holiday is a lower price, the Passenger will be refunded the difference. Should Passengers decide to cancel their holiday under these circumstances, they must to do so within 14 days of the date of the invoice for the additional charge.
3.4 Should the total cost to the Company of a Passenger’s holiday fall by more than 2% due to any of the changes mentioned above then the Company will pass on to Passengers any refund due. Passengers should note that travel arrangements are not always purchased in local currency and some changes in local currency costs may have no impact on the price of Passengers’ travel due to contractual and other protection in place.
3.5 All outstanding balances on on-board accounts must be settled in full before the Passenger finishes the cruise. If any Passenger fails to settle their onboard account then the Company shall be entitled to take whatever steps may be necessary to recover the monies due and shall be entitled to pass on any costs incurred in doing so.
3.6 Passengers must be aware that the holiday price quoted may include different points of departure and return from/to the UK. In such cases there may be additional costs associated with transfer between the two places not included in the holiday price that will be passed on to the customer.
4 OUR RESPONSIBILITY AND SHORE EXCURSIONS
4.1 Except where otherwise expressly stated in these booking conditions, we regret that the Company cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of Force Majeure. In these Booking Conditions, “Force Majeure” means any event which the Company or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside the Company’s control.
4.2 The Company is not responsible for any improper or non-performance of any services forming part of the package holiday which are wholly attributable to the fault of the passenger, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of the Company and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which the Company and/or the relevant supplier could not even with all due care have foreseen or forestalled. In the event that the Company is responsible for any death, injury or illness caused by the negligent acts and/or omissions of its suppliers of services which form part of the Package then the Company limits its liability, where applicable by the International Conventions.
4.3 Where death and or personal injury and or loss of or damage to property occurs during carriage by air or by sea then liability and the extent of damages recoverable will be dealt with by their conditions of carriage and the International Conventions as set out in paragraphs 12 and 13 and not otherwise.
4.4 Where there is any loss of or damage to property including luggage which is not covered by any international convention and where liability is not limited by reference to any enactment, terms of conditions, then any legal liability that the Company may have for any such losses or damage will not exceed £500 per guest.
4.5 Notwithstanding anything to the contrary elsewhere in these Booking Conditions, the Company shall not in any circumstances be liable to the Passenger for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
4.6 The Passenger accepts that the Company, does not perform shore excursions and that it , arranges hotels, shore excursion and shuttle services (which may involve additional costs for Passengers) with local operators who may themselves engage the services of third party suppliers. The Company will at all times endeavour to appoint reputable and competent operators who comply with all prevailing local rules, regulations and standards, although Passengers accept that standards of hygiene, accommodation and transport might differ from comparable standards in the UK.
4.7 Local laws and regulations of the relevant country will be applied to assess the performance of suppliers in the event of a Passenger complaint. The supplier will not be deemed to have been at fault if local laws and regulations have been satisfied even if the laws of England have not been met.
4.8 Passengers should be aware that they may also be subject to terms and conditions imposed by local excursion operators.
4.9 In the event of an excursion being cancelled, the Company will take all reasonable steps to ensure that Passengers are offered a choice of an alternative excursion and/or a full refund.
4.10 Passengers cancelling excursions prior to departure will be refunded in accordance with the schedule set out in clause 8.1. Passengers cancelling excursions after departure will not be entitled to a refund. If in such cases the cancellation is due to ill health a supporting letter should be obtained from the ship’s Doctor (charges apply) which may enable Passengers to make a claim on their Travel Insurance Policy. Any Passenger that fails to attend an excursion for whatever reason will be deemed to have cancelled.
4.11 Passengers wishing to change excursion details will be allowed to do so on presentation of the appropriate ticket(s) at the shore excursion desk during the advertised opening hours and at least 72 hours prior to the ship’s arrival in the excursion port. Any amended booking will be treated as a new booking and the price charged (if applicable) will be set at the prevailing on-board price which may be higher than the original brochure price for the same excursion. New booking balances due will be credited with any payment from the original booking, less a £5 per passenger administration charge. Any discounts applied to the original booking will only be transferred to the new booking at the Company’s discretion. If the cost of the new booking is less than the original booking then no refund of the surplus balance will be made.
4.12 Any changes to excursion arrangements requested by Passengers less than 72 hours prior to the ship’s arrival in the excursion port will only be allowed subject to availability and the terms and conditions of the excursion operator. All other conditions are as (4.6) above.
4.13 Passengers participating in shore excursions included in the original cruise package are subject to clauses 4.1, 4.2, 4.3 and 4.4 only.
5.1 In cases where Customers purchase insurance through the Company, they accept the Company is acting as an agent for the named insurance provider and that the purchase will be subject to that insurance provider’s terms and conditions which will be sent to them with their policy documents or provided in advance of purchase upon request.
5.2 Travel insurance arrangements must be in force for the entire duration of the holiday. If Customers do not purchase the insurance offered by the Company, then details of the alternative insurance policy (which must at a minimum cover medical charges, cancellation, curtailment, evacuation (from the vessel) and repatriation costs for not less than £5 million) must be provided at the time of booking if possible, but no later than six months prior to the scheduled date of departure or at the time of booking if bookings are made within six months of the date of departure.
5.3 The Company is not responsible for checking that Customers have the correct level of insurance and will not be liable for any costs, howsoever arising, in excess of any travel insurance cover purchased.
6 PASSPORTS & VISAS
6.1 It is the responsibility of all Passengers to check and fulfill the passport, visa, and immigration requirements applicable to their itinerary. The Company can only provide general information and Passengers must check requirements for their own specific circumstances with the relevant Embassies and/or Consulates as applicable.
6.2 Passengers must understand that passport, visa and immigration requirements do change and are responsible for checking the up to date position in good time before departure.
6.3 The Company requires a full 10 year British passport valid for at least six months after the date of return for all UK citizens. Passengers who are not British citizens or who hold a non British passport, must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which they intend to travel.
6.4 All Passengers must ensure that they have the correct travel documents in their possession before departure. Passengers may incur fines if they fail to comply with documentation or visa requirements. The Company will re-charge to the Passenger any such fines that have been paid by the Company on the Passenger’s behalf.
6.5 The Company does not accept any responsibility for Passengers who are denied disembarkation or are unable to travel, or who incur any other loss because they fail to comply with any passport, visa, or immigration requirements. Cancellation of any part of the holiday that arises due to problems with visa/passport, or immigration requirements will be subject to cancellation charges set out in section 8.
7 CHANGES TO BOOKING DETAILS BY PASSENGERS
7.1 The Company will do its utmost to ensure that amendments requested by Passengers are accommodated, but the Company makes no guarantee that these requests will be met. Any change request must be made in writing by the Lead Passenger and the Company reserves the right to pass on the costs of making any such changes. Passengers must be aware that charges associated with amendments are likely to increase nearer to the date of departure.
7.2 Additional passengers or cruises may be added to a booking at any time subject to availability. In each case a deposit (or full payment, as relevant) per additional Passenger will be required by the Company and all other booking conditions must be met before the new contract exists.
7.3 Requests for significant amendments to booking details (e.g. change of ship or sail date) received before the balance due date will be treated as a new booking. At the Company’s sole discretion, the original booking will either be deemed cancelled (and be subject to the cancellation charges set out in section 8), or will be deemed amended (and be subject to an amendment fee of £75 per Passenger). Any deposit paid, discount applied or promotion applicable to a booking that is cancelled or amended will only be transferred to a new booking at the Company’s discretion.
7.4 For minor amendments to booking details received before the balance due date (e.g. passenger name changes) an administration charge of £30 per Passenger affected will be charged. If name changes are required to scheduled flight details, the charge may be significantly more than £30 per Passenger and will be quoted on request. Passengers should also be aware that airlines may not allow transfer of Passenger names and in such cases a flight booking might need to be cancelled and rebooked, subject to availability, and at the Passengers expense.
7.5 After an amendment is applied a new confirmation invoice will be issued at which point the contract will be deemed to be amended accordingly.
8 CANCELLATION BY A PASSENGER
8.1 A Passenger may cancel a booking at any time. Cancellation will take effect when the Company has received written notice of cancellation signed by the Lead Passenger. Cancellation charges payable to the Company are:
Period before departure within which the Company receives notice
Cancellation charge per passenger
After payment of deposit
Loss of deposit + 100% of insurance premium (if applicable)
112 to 60 days before departure
60% of invoiced charge +100% of insurance premium (if applicable)
59 to 29 days before departure
90% of invoiced charge +100% of insurance premium (if applicable)
28 days or less before departure to departure date
100% of invoiced charge +100% of insurance premium (if applicable)
8.2 A Passenger will not have a right to exclusive occupancy of a cabin with two or more berths unless the single occupancy premium has been paid. In the event of a Passenger becoming a single occupant of such a cabin due to a cancellation, he/she will become liable to pay the single occupancy premium. Passengers are advised that certain reasons for cancellation are covered by their travel insurance.
9 CANCELLATION OR ALTERATION BY THE COMPANY
9.1 The Company reserves the right at its sole and absolute discretion at any time to cancel, postpone or alter without prior notice or consultation any cruise in whole or in part in order to safeguard its Passengers, its crew, its employees or the vessel in the event of Force Majeure events including war or threat of war, political unrest, terrorist activity or threat of terrorist activity, nuclear disaster, riots, civil strife, adverse weather conditions or other similar events) or for any other valid reason. If the majority of ports that the Company aims to visit during any one cruise have to be changed on UK Foreign Office advice before the cruise commences, the Company undertakes to offer Passengers an alternative cruise or refund of the cost of their cruise in full, less any insurance premiums paid.
9.2 If under clause 9.1 the Company cancels a cruise before the scheduled departure date it will offer, when possible, a subsequent alternative departure of similar standard (which must be accepted in writing within 14 days of the offer being made), or the choice of a full refund of all monies paid, less any insurance premiums paid.
9.3 If under clause 9.1 the Company cancels a cruise after the scheduled departure date, it will return all Passengers as soon as practicable to the UK and make a proportional refund for any unused services, less any insurance premiums paid and any non-recoverable expenses incurred.
9.4 If under clause 9.1 the Company alters the planned itinerary only, refunds will be limited to any balances outstanding on shore excursions.
9.5 In any of the circumstances mentioned above the Company shall not be liable to pay any compensation, nor shall Passengers have any further claim against the Company.
9.6 The Company and the Master of the ship are unable to guarantee that the ship will call at every advertised port or follow every part of the advertised route. They will at all times endeavour to maintain the advertised programme but reserve the right at their sole discretion to make any alterations they deem necessary.
9.7 The company also reserves the right to cancel any cruise by giving written notice at least eight weeks before departure if sales of that departure have not reached 70% of capacity. Under such circumstances clause 9.2 will apply and the Company shall not be liable to pay compensation, nor shall Passengers have any further claim against the Company.
9.8 The Company reserves the right at its sole and absolute discretion to use a substitute ship of similar standard to the original ship should it prove necessary to do so.
9.9 In addition to the rights of the Company, Aircraft and Ship’s Captains always have the right at their absolute discretion to vary any planned routing without prior notice or consultation if they deem it necessary to do so in the interests of safety.
9.10 Any flight details contained in the Company’s brochures are provisional. Final flight details (including timings) will be issued near to departure and may differ significantly from any provisional information previously provided.
9.12 If for any reason details of a cruise have to be altered before departure (and subject to Clause 9.1) the Company will notify the Lead Passenger as soon as possible.
9.13 The Company will not be held responsible for, nor have liability in respect of, delays caused by third parties during passage through sea areas controlled by vessel traffic schemes, canals, rivers or any other navigable waterways.
9.14 In respect of cruise travel where the port of embarkation is in the EU and the Company reasonably expects the departure of a cruise to be delayed for more than 90 minutes beyond its scheduled departure time, Passengers departing from port terminal shall be offered free of charge snacks, meals or refreshments as are appropriate given the waiting time, provided they are available and can reasonably be supplied. If the delay in departure necessitates a stay of one or more nights or a stay additional to that intended by the passenger where and when physically possible the Company shall, subject to the Package Travel Regulations 1992, offer Passengers departing from port terminals free of charge adequate accommodation on board or ashore, and transport to and from the port terminal and place of accommodation in addition to the snacks, meals and refreshments previously referred to. The maximum amount that the company will pay for accommodation ashore and transport to and from the port terminal shall be equivalent to 80 Euros per person per night for a maximum of three nights. The company will not have an obligation to provide such accommodation ashore where the delay is caused by weather conditions endangering the safe operation of the ship.
10 FITNESS TO TRAVEL ON THE CRUISE SHIP, PREGNANCY, DISABILITY OR REDUCED MOBILITY, MEDICAL/MOBILITY EQUIPMENT
10.1 The Company’s priority is the comfort and safety of its Passengers. Passengers are asked to provide at the time of booking as much information as possible regarding any assistance that may be required in the port and on board the vessel.
10.2 The Company and the carrier are entitled to administer a health questionnaire prior to boarding. All passengers must follow the vessels instructions and procedures relating to all matters including health, safety, hygiene and security. Any Passenger boarding a ship at initial embarkation who has not filled in the required preboarding health declaration must inform the Company of any sickness and/or diahorrea experienced less than 72 hours prior to embarkation. In the interest of Passenger’s safety the Company reserves the right at its discretion, to refuse boarding. In such circumstances the Company shall not be liable to pay any compensation, nor shall Passengers have any further claim against the Company. The Company and the carrier are entitled to request Passengers to remain in their cabins in the event of illness which is or may be infectious.
10.3 For the purposes of EU 1177/2010 Disabled Person’ or ‘Person with Reduced Mobility includes any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary) intellectual or psychosocial disability or impairment, or any other cause of disability, as a result of age, and whose situation needs appropriate attention and adaption to his particular needs for the service made available to all passengers.
10.4 In order to ensure that the carrier is able to carry passengers safely and in accordance with applicable safety requirements established by international, EU or national law or in order to meet safety requirements established by competent authorities including flag state every Passenger warrants that he/she is fit to travel by sea and that his/her conduct or condition will not impair the safety of the cruise ship or inconvenience the other passengers. The Company and the carrier reserve the right to require any Passenger to produce medical evidence of fitness to travel in order to assess whether that Passenger can be carried safely in accordance with applicable international, EU or national law.
10.5 If it appears to the Company or the carrier, the Master or the Cruise Ship's doctor that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to land at any port, or likely to render the Carrier liable for Passenger maintenance, support or repatriation, then the Carrier or the Master shall have the right to take any of the following courses: (i) Refuse to embark the Passenger at any port; (ii) Disembark the Passenger at any port; (iii) Transfer the Passenger to another berth or cabin; (iv) If the Cruise Ship doctor considers it advisable, to place or confine him/her/her in the Cruise Ship's Hospital or to transfer the Passenger to a health facility at any port, at the Passenger's expense (v) to administer first aid and administer any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port provided that the ship’s doctor and/or Master considers that any such steps are necessary.
10.6 Where a Passenger is refused embarkation as a result of safety and/or fitness to travel, neither the Company nor the carrier shall be liable for any loss or expense occasioned to the passenger thereby, nor shall the passenger be entitled to any compensation from the carrier.
10.7 The vessels have a limited number of cabins equipped for Disabled Persons or Persons with Reduced Mobility. Not all areas or equipment on the vessels are suitable for access to Disabled Persons or Persons with Reduced Mobility. Passengers must check with the Company at the time of booking to enable the Company to assess your needs with the performing carrier. Not all ports of call will be accessible and some may be by tender. Passengers must check at the time of booking in order to avoid disappointment. Some ports of call are not suitable for persons with reduced mobility or wheelchairs. Some shore excursions may not be suitable for Disabled passengers or those with Reduced Mobility. Passengers must check the itinerary at the time of booking. The decision will be made by the Company or the Master of the vessel; it will be based on safety and will be binding. The facilities may vary from vessel to vessel and itinerary to itinerary.
10.8 Disabled Passengers or those with Reduced Mobility who need assistance and/or have special requests or need special facilities or equipment with regard to accommodation, seating or services required or their need to bring medical equipment must notify the Company at the time of booking. This is to ensure that the Passenger can be carried safely and in accordance with all applicable safety requirements. In order to ensure that the Carrier can provide the necessary assistance and there are no issues relating to the design of the passenger ship or port infrastructure and equipment including port terminals which may make it impossible to carry out the embarkation, disembarkation or carriage of the Passenger in a safe or operationally feasible manner. The Carrier is not obliged to provide any assistance or meet special requests unless the Carrier has agreed to do so in writing. If the Passenger cannot be carried safely and in accordance with applicable safety requirements then the Company and or the carrier can refuse to accept a Passenger or embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety.
10.9 If there are any particular conditions, Disabled or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organised by the passenger and at the passenger’s expense. The vessel is unable to respite services, one to one personal care or supervision or any other form of carer for physical or psychiatric or other conditions.
10.10 In accordance with EU 1177/2010 where strictly necessary for the safety of the passenger the Company and or the carrier can require a Disabled passenger or Person with Reduced Mobility before it accepts the booking that a passenger is assisted by an accompanying person who is fit and able to provide the assistance required. The Company and the carrier reserve the right to refuse passage to anyone who has failed to notify it of their specific needs with regard to accommodation, seating or services required from the carrier or terminal operator, or their need to bring medical equipment, or to bring a recognised assistance dog on board the vessel or of any other known disabilities or who in the Carrier’s and or Master’s opinion is unfit or unable to travel or anyone whose condition may constitute a danger to themselves or others onboard on the grounds of safety. These needs must be notified at the time of booking.
10.11 Assistance dogs are subject to national and EU Regulations regarding travel. It is the passenger’s responsibility to check the position prior to the cruise and to be satisfied that the assistance dog can be carried to the ports of embarkation and disembarkation and that the dog is not prohibited from going ashore at the various ports of call. Assistance dogs must have all necessary papers and comply with national Regulations regarding health, inoculations, training and travel.
10.12 Those passengers confined to wheelchairs must furnish their own standard size wheelchairs and must be accompanied by a travelling companion fit and able to assist them. The ship’s wheelchairs are available for emergency use only. The requirement for passengers to notify at the time of booking if they need to have medical equipment on board is to ensure that the medical equipment can be carried and/or carried safely. It is the passenger’s responsibility to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies to last the entire voyage. The ship does not carry any replacement and access to shore side care and equipment may be difficult and expensive. Passengers must be able to operate all equipment.
10.13 Where any mobility or other equipment is lost or damaged by the fault or neglect of the Company then it is the Company’s or carriers absolute decision as to whether to repair or replace such equipment. Unless the Company and or the Carrier agree otherwise and in writing Passengers are limited to bringing 2 items of such mobility or medical equipment on board per cabin with a total value not exceeding £2200. All equipment must be capable of being carried safety and must be declared before the cruise. The Carrier may decline to carry such equipment where it is not safe to do so or where it has not been notified in time to enable a risk assessment to be carried out.
10.14 Any Passenger who embarks, or allows any other Passenger for whom he or she is responsible to embark, when he or she or such other Passenger is suffering from any sickness, disease, injury or infirmity bodily or mental or to his/her or her knowledge has been exposed to any infection or contagious disease, or for any other reason is likely to impair the safety or reasonable comfort of other persons onboard or for any reason is refused permission to land at his/her or her port of destination shall be responsible for any loss or expense incurred by the Company, carrier or the Master directly or indirectly in consequence of such sickness, disease, injury, infirmity, exposure or refusal or permission to land unless in the case of sickness, disease, injury, infirmity or exposure the same has been declared in writing to the Carrier or the Master before embarkation and consent in writing of the Carrier or the Master to such embarkation has been obtained.
10.14 Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 23 weeks pregnant at the end of the cruise are required to produce a medical certificate of fitness to travel. The Carrier cannot for safety reasons carry pregnant Passengers of 24 weeks or more by the end of the cruise. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are not satisfied that the Passenger will be safe during the passage.
10.15 The ship’s doctor is not qualified to deliver babies on board or to offer pre or post natal treatment and no responsibility is accepted by the Carrier in respect of the ability to provide such services or equipment. The cruise ship’s doctor is not a specialist and the ship’s medical centre is not required to be and is not equipped to the same standards as a land-based hospital. The Vessel carries medical supplies and equipment as required by its flag state. Neither the Carrier nor the doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
10.16 In the event of illness or accident, Passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. The Company makes no representations regarding the quality of medical treatment at any port of call or at the place at which the Passenger is landed. Medical facilities and standards vary from port to port and the Company makes no representations or warranties in relation to such standards.
10.17 If at the point of embarkation, the Company refuses passage to any Passenger who failed to notify the Company at the time of booking of any disabilities or the need for assistance or who, in the opinion of the Company is unfit to travel or who may constitute a danger to themselves or others whilst on board. Under those circumstances Passengers will receive no refund of the cost of any part of the unused cruise package.
10.18 The Company will endeavour to carry Passengers of limited mobility if it has been notified of such limitations in writing at the time of booking (and has been informed of any deterioration in condition or new conditions between booking and travelling) and after any additional Fair Trading Conditions have been agreed by the Passenger and the Company in writing prior to departure.
10.19 Mobility scooters - Passengers must not use mobility scooters on board. They must be gel or dry cell battery only with a width of no more than 78cm to enable access to the cabin. Each part should weigh no more than 23kg. Any passenger taking a mobility scooter aboard Voyager must reside in a disabled cabin.
10.20 The Company does not accept any responsibility for Passengers unable to travel, or who incur any other loss because they fail to comply with any health formalities. The Company takes no responsibility for Passengers denied embarkation and/or disembarkation on medical grounds. Cancellation of any part of the holiday that arises due to health requirements will be subject to cancellation charges as set out in section 8.
10.21 Any cost or expense reasonably incurred by the Company for or on behalf of the Passenger in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation or any other expense shall be repayable by the Passenger to the Company irrespective of whether the sum is covered by the Passenger’s travel insurance arrangements.
10.22 If a Passenger is refused entry to board an aircraft because, in the opinion of the Captain, the Passenger is unfit to travel or represents a threat to the safety of the aircraft or its Passengers or crew or is abusive or disruptive, the Company will not be liable to complete the Passengers holiday arrangements and will not be liable to pay any refund or compensation.
10.23 Unless approved by the Company in writing prior to departure, Passengers may not bring on board any controlled substances.
10.24 Passengers may not bring on board any prohibited substances, any animals or any goods of a flammable or dangerous nature. Doing so will render the Passenger strictly liable to the Company for any injury, loss, damage or expense suffered by the Company as a result. The Passenger will also be personally liable for any statutory penalties.
10.25 Passengers are required at all times to follow the instructions of employees and crew regarding the use of ship’s equipment (including hand sanitizers) and general behaviour whilst on board and the Company will not be responsible for any consequential injury, illness, financial or other loss incurred by Passengers if they fail to comply with the instructions they are given.
10.26 The Captain (or any employee or member of the crew authorized by the Master) will be entitled to search the cabin and/or personal luggage of any Passenger suspected of being in breach of these clauses. In addition, any employee or crew member will be entitled to enter a Passenger’s cabin in order to carry out an inspection, or to undertake cleaning, maintenance or repair work.
10.27 The Company has the right to refuse or revoke passage to anyone who, in its judgment, is in a physical or mental condition unfit for travel, or who may require care beyond that which the vessel can provide and under such circumstances the Company will offer the Passenger no refund of any part of the cost of their unused cruise package.
10.28 Should any Passenger have the misfortune to suffer illness, injury or death during the period of the cruise arising out of an activity that does not form part of the arrangement made by the Company, the Company will, where appropriate, provide any assistance it can to the affected Passenger, such assistance being limited to a maximum cost incurred by the Company of £5,000 per cabin.
10.29 The Company may invite various affinity groups of people with shared interests who choose to travel together onto a cruise. The Company does not envisage that this will materially affect the normal day to day operation of the ship but Passengers must accept that there may be occasions when certain facilities are unavailable whilst these groups are on board.
11.1 Any Passenger who encounters a problem during a cruise must immediately report it to the Hotel Director or a senior member of the crew on the ship and ensure that the issue is recorded in the ship’s log together with any action taken to resolve it. If the matter cannot be resolved during the cruise, and the Passenger wishes to pursue a complaint, the Passenger must write to the Company within 28 days of final disembarkation.
11.2 As a Member of ABTA, membership number W0302. The Company maintains a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation.
Passengers must make complaints relating to EU Regulation 1177/2010 to the Company within 2 months from the date of service. Within 1 month after receipt of the complaint the Company will respond informing the Passenger whether the complaint has been substantiated, rejected or is still being considered. The Company will provide a final response to the complaint no later than 2 months after the receipt of the complaint. if not satisfied with the Carrier’s response the Passenger may lodge a complaint with CLIA UK and Ireland by sending the complaint to E-mail: firstname.lastname@example.org
Web site: www.the-psa.org
Address: CLIA UK & Ireland, First Floor, 41/42 Eastcastle Street, London W1W 8DU
Telephone: 020 7323 7466
Fax: 020 7636 9206
12 CARRIAGE BY SEA AND LIMITATION OF LIABILITY
12.1 Carriage by sea is subject to the Carriers’ Conditions of Carriage which are contractually incorporated into the contract with the Company. Copies of the conditions of carriage will be sent to Passengers with their travel documentation but they can be provided in advance upon request. They are also available on board the ship and on the Company’s website.
12.2 The liability of the Company and the carrier to Passengers for death, personal injury and or loss of or damage to luggage is governed by the provisions of the Convention Relating to the Carriage of Passengers and their Luggage by Sea 1974 as amended in 1976 (“The Athens Convention) for Domestic Carriage and in respect of International Carriage EU Regulation 392/2009 relating to the Liability of carriers of passengers by sea in the event of accidents (“EU Regulation 392/2009). For the purposes of the Athens Convention and EU Regulation 392/2009 The Company is a contracting carrier. The Athens Convention may be viewed at http://www.admiraltylawguide.com/conven/passengers1974.html. EU Regulation 392/2009 may be viewed at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF or are available from the Company on request. The Athens Convention and EU Regulation 392/2009 are contractually incorporated and applicable to the Contract, the Company shall be entitled to the benefit of all limitations, rights and immunities conferred by the Athens Convention and EU Regulation 392/2009 in respect of any ship on which the cruise is performed.
12.3 The Athens Convention 1974 (from April 2014 the 2002 Protocol to the Athens Convention) and EU Regulation 392/2009 limit the Company’s and the Carriers’ liability for loss or damage to luggage and make special provision for valuables. It is presumed that luggage has been delivered undamaged unless written notice is given to the Company and/or the performing Carrier.
a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or
b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Damages for cabin luggage payable by the Carrier are limited up to the Athens Convention limit of 833 SDRs approx.£ 820.61 or 2250 SDRs approx. £ 2216 .53 if EU Regulation 392/2009 applies.
12.4 Limits shall be reduced in proportion to any contributory negligence by the Passenger and by the maximum deductible specified in Article 8 by the passenger in accordance with Article 8 (4) of the Athens Convention or EU Regulation 392/2009. All Claims must be brought in accordance with the Athens Convention and EU Regulation 392/2009 and within 2 years of the date of disembarkation from the ship.
12.5 In respect of domestic carriage in the UK, The Athens Convention will apply and the limits for death/personal injury are 46,666 Special Drawing Rights (SDR) approx. £45 971 these limits may also apply to domestic cruises in the EU. Where the carrier has a principal place of business in the UK the limits of liability per passenger may be 300,000 SDR approx. £ 295537 per carriage.
12.6 In respect of international carriage EU Regulation 392/2009 applies the limits for death/personal injury caused by a shipping incident, with the exception of circumstances beyond the Carrier’s control(ie act of war, natural disaster, act of a third party) to no more than 250 000 SDRs approx.£ 246 281 per passenger per carriage . Except for cases involving war and terrorism damages up to a further 150 000 SDRs approx. £147 768 may be payable in respect of a shipping incident unless the Company or the carrier proves that the death or personal injury occurred without the carrier’s fault or neglect. Where death/ personal injury is caused by a non- shipping incident it is for the passenger to prove that the death or personal injury was caused by the fault or neglect of the carrier. The maximum sum payable to any passenger under EU Regulation 392/2009 is limited to 400 000 per passenger per carriage which is approx. .£ 394 049 . The maximum sum payable in cases involving war and terrorism where the carrier is liable is 250 000 SDRs per passenger per carriage or 340 000 000 SDRs per ship per carriage.
12.7 The Company and the carrier are not liable for valuables, monies or other securities including jewellery and watches. If they have been deposited with the reception desk on the ship for safe keeping and a receipt issued then in those limited circumstances the Company’s and the carriers liability will be as set out in the Athens Convention or EU Regulation 392/2009. The use of safes on board a Vessel is not a deposit with the ship or with the Company under the Athens Convention or EU Regulation 392/2009 or otherwise. The limits are 1200 SDRs approx £ 1182 pursuant to Athens or 3,375 SDRs approx. £ 3324 pursuant to EU Regulation 392/2009.
12.7 An SDR is an international monetary unit, The exact value of an SDR fluctuates with the daily exchange rate, The daily exchange rate can be viewed at the international monetary Fund website .http://www.imf.org/external/np/fin/data/rms_sdrv.aspx and an SDR converter is available at http://coinmill.com/GBP_SDR.html#SDR=46 666, The values in the booking conditions are those of 1 June 2013 and may fluctuate upwards or downwards.
12.8 In so far as the Company may be liable to a Passenger in respect of claims arising out of carriage by sea, the Company shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Booking Conditions shall be deemed as a surrender thereof. The Company’s liability will not at any time exceed that of the carrier under its Conditions of Carriage and/or applicable or incorporated conventions or other legislation.
13 CONDITIONS OF CARRIAGE BY AIR
13.1 Travel on board aircraft used in travelling to and from the ship is subject to the airline’s standard ticket conditions, some of which limit or exclude liability in accordance with international conventions. These conditions can be found on the airline’s website or can be provided by the Company upon request.
13.2 If your air journey involves a destination or stop in a country other than the one from which you depart, the Warsaw Convention may govern the liability of all airlines involved in your journey, including any portion thereof in a single country. This Convention limits the liability of airlines involved in your journey, including any portion thereof in a single country. This Convention limits the liability of airlines for death or bodily injury and for baggage loss, delay or damage. For many air carriers, the Warsaw Convention limits for bodily injury or death and the defence that they have taken all necessary measures to avoid the damage for the first 100,000 Special Drawing Rights of any such claim do not apply. In addition, in cases of death or bodily injury, many air carriers will make advance payments to the person entitled to compensation, if required to meet immediate economic needs, in proportion to the hardship suffered. European Community carriers provides a minimum advance equal to not less than 15,000 Special Drawing Rights in the event of death. Other air carriers may apply alternate provisions.
14 GUEST SPEAKERS
14.1 Independent contractors retained by the Company, including but not limited to lecturers, guest personalities, cruise hosts and entertainers are subject to change and/or cancellation without notice. The Company also retains the right to change any member of ships crew previously advertised or disclosed (e.g. the ship’s Master) without notice.
15 FINANCIAL PROTECTION
15.1 The Package Travel, Package Holidays and Package Tours Regulations 1992 require the Company to provide security for the monies that each Passenger pays for the package holidays booked with the Company and for your repatriation in the event of the Company’s insolvency. The Company provides this security for air holiday packages by way of an Air Travel Operators Licence (number 3897) administered by the Civil Aviation Authority, and for non air holiday packages by way of a bond organised through ABTA. In the unlikely event of the insolvency of the Company, the CAA or bond issuer (where appropriate) will arrange to refund any money that the Passenger has paid to the Company for an advance booking.
CONDITIONS OF CARRIAGE - MV VOYAGER
CONDITIONS OF CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA
These Conditions of Carriage govern the relationship, responsibilities and liabilities as between the Passenger and the Carrier and are BINDING WHETHER YOU HAVE READ THEM OR NOT.
These Conditions are incorporated into the Passenger’s Contract with the Organiser.
NOTICE: THE ATTENTION OF THE PASSENGER IS ESPECIALLY DIRECTED TO ARTICLE 10, WHICH CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF THE PASSENGER TO ASSERT CLAIMS AGAINST THE CARRIER , THE VESSEL, THEIR AGENTS AND EMPLOYEES, AND OTHERS. THESE CONDITIONS OF CARRIAGE REFER TO LIMITATIONS ON LEGAL LIABILITY, INTERNATIONAL CONVENTIONS AND VENUE which limit the Company’s liability for your death, illness or injury, as well as limitations concerning damage claims relating to baggage and personal property, requiring that notice be given and suit commenced within a specified time when the claim arose, limiting your right to sue.
“Carrier” means the owner or any charterer, or operator or technical manager of the Vessel or any other person or entity, to the extent that it acts as carrier or performing carrier (in accordance with the definition provided in the Athens Convention)
“Conditions of Carriage’’ means any conditions of carriage of the carrier, providing transport of any kind. These embody the provisions of the law of the country of the carrier concerned and may be subject to international convention; either or both of which may limit or exclude the liability of the carrier. The Passenger Contract incorporates the Conditions of Carriage as express terms.
“Disabled Person” or “Person with Reduced Mobility” means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary) intellectual or psychosocial disability or impairment, or any other cause of disability, or as a result of age, and whose situation needs appropriate attention and adaption to his particular needs the service made available to all passengers.
“Luggage” means any property belonging to or carried by any Passenger, including baggage, packages, suitcases, trunks, effects, articles, cabin luggage, hand luggage, articles worn by or carried by the Passenger, or deposited with the purser for safe custody, vehicles and any other property whatsoever.
The “Master’’ is the Captain or person in charge of the carrying Vessel at any given point and commanding of the Cruise Ship.
“Minor’’ means any child under the age of 18 years of age.
“Organiser” means the party with which the Passenger has entered into a contract for the cruise and/or a Package as defined under the Council Directive 90/314/EEC of 13 June 1990 on Package Travel, Package Holidays and Package Tours or other relevant legislation or regulations.
“Passenger” means any person or persons, including children, named on the relevant Passage Contract or who sail on the Vessel.
“Passage Contract” means the contract between the Passenger and the Organiser.
‘Vessel” means the Vessel named in the relevant Passage Contract or any substituted Vessel owned or chartered or operated or controlled by the Carrier.
Art. 1 BOOKING IS NON-TRANSFERABLE
The Carrier agrees to carry the person(s) named in the Passage Contract issued by the Organiser and Vessel and cabin type indicated, or any substitute Vessel, and is NOT TRANSFERABLE
Art. 2 HEADINGS
In these conditions headings are for convenience only and are not to be used as an aid to construction.
Art. 3 NO AMENDMENT AND SEPARABILITY OF CONDITIONS OF CARRIAGE
No amendments of the Conditions of Carriage shall be valid unless made in writing and signed by a Director of the Carrier . The terms of the Conditions of Carriage shall be severable and the invalidity of any one or more provisions shall not impair the validity of any other provision, or of the Conditions of Carriage as a whole. Should any provision of these Conditions of Carriage be deemed invalid for any reason, said provision is deemed to be severed from the Conditions of Carriage and shall be of no effect, but all remaining provisions herein shall remain in full force and effect.
Art. 4 CANCELLATION OF THE CRUISE
The Carrier reserves the right to cancel, advance or postpone any cruise at any time prior to the scheduled sailing date and is under no obligation to the passenger. The Organiser will at all times including in the event of cancellation, be responsible to the Passenger for any refund of any payments received. In addition, situations may arise which, in the opinion of the Carrier , make it necessary to change itineraries or make substitutions or omissions, involving hotels, ports of call, restaurants, other travel components, Vessels or other modes of transportation, whether before or after the sailing of the Vessel, without previous notice to the Passengers. If this should occur, the Carrier does not assume responsibility or liability for any losses, inconvenience or expenses incurred by Passengers as a result.
Art. 5 ALTERATION, MODIFICATION OF CRUISE, NON-USE BY PASSENGER
(a) The Carrier is unable to guarantee that the Vessel will call at every advertised port or follow every part of the advertised route. The Carrier reserves to itself and/or the Master of the Vessel the absolute right to decide whether to omit any port, whether to call at additional or alternative ports, whether to advance or delay the scheduled date and time of sailing or disembarkation, and whether to deviate from the advertised route. The Carrier also reserves the right to substitute any other ship for the scheduled Vessel. The Carrier shall be under no obligation or liability to any Passenger who will look to the Organiser in respect of any claims that may arise.
(b) The Carrier and/or the Master of the Vessel may at any time, if they in their absolute discretion consider it necessary to do so, transfer the Passenger from one cabin accommodation to another, adjusting the fare accordingly.
(c) A Passenger shall not have the exclusive occupancy of a cabin with two or more berths unless he or she has paid the full supplement for exclusive occupation.
(d) If the scheduled date or hour of sailing is delayed and accommodations are not available on board the Vessel, the Carrier or the Organiser may arrange at no additional expense to the Passenger hotel accommodations for the Passenger for the duration of the delay up to a maximum of €80 per night.
(e) If the scheduled port of embarkation is changed, the Carrier or the Organiser will arrange at no additional expense to the Passenger, substitute means of transportation (by sea, air or land, to be determined by the Carrier from the original port of embarkation to the rescheduled port of embarkation.
(f) If the scheduled port of debarkation is changed, the Carrier or the Organiser will arrange at no additional expense to the Passenger, substitute means of transportation (by sea, air or land, to be determined by the Carrier or Organiser to the port of debarkation from the nearest port at which the Vessel calls Vessel.
(g) The Carrier has no liability to the Passenger if any scheduled port call at an intermediate port or ports is omitted, or if any other reason the scheduled duration of the cruise is shortened.
(h) If for any reason the duration of the cruise is lengthened, the Carrier shall have no liability in respect thereof to the Passenger for the extended period, and the Passenger shall not be entitled to any compensation for the delay.
(i) The Master shall have the full authority to cause the Vessel to proceed without pilots, to tow and be towed, and to assist other Vessels in all circumstances, to deviate from the ordinary route in any direction, to any distance and for any purpose, to delay or terminate the voyage, or to put back or to put in to any port, and to transfer the Passenger and the Passenger’s baggage to any other Vessel whether belonging to the Carrier or not, whether or not bound for the cruise’s port of destination, and even though delay may result.
(j) If for any reason, whether or not due to causes beyond the Passenger’s control, the cruise-tour booked by the Passenger with the Organiser and covered by the Passage Contract is not used by the Passenger on the date and for the Vessel as indicated, or if the Passenger joins the cruise in progress, or departs prior to the scheduled debarkation, or prior to end of the tour portion of a cruise-tour package, so that only part of the specified cruise and related tour are used, there shall be no right to any refund on the part of the Passenger, from the Carrier and the Carrier shall have no liability or obligation to the Passenger to provide accommodations or tour services at a later time.
Art. 6 EXTRAS AND ADDITIONAL CHARGES
(a) All personal services used by Passengers, while on the cruise, such as medical services, beauticians, masseurs, photographers, art auctioneers, gift shop personnel, instructors and other service personnel shall be considered independent contractors who work directly for the Passenger. All accounts for services and goods provided while on board the Vessel or while ashore which are not included in the fare charged must be settled in cash, or by travellers cheque or credit card in Sterling (unless otherwise specified) at the prevailing exchange rates before the Passenger disembarks. A list of the currently accepted credit cards is available upon request. Personal cheques are not accepted on board for any payment. Charges made by credit card companies may be charged to the Passenger. Where an account is not settled prior to leaving the Vessel the Carrier shall without prejudice to its rights have a right of lien over the Passenger’s goods and may require a Promissory Note to be signed before the Passenger can leave the Vessel.
(b) All health, medical or other personal services provided in connection with Passenger’s cruise are provided solely for the convenience and benefit of Passengers who may be charged for such services. The Passenger accepts and uses medicine, medical treatment and other personal services available on the Vessel or elsewhere at Passenger’s sole risk and expense without liability or responsibility of the Company. Doctors, nurses or other medical or service personnel work directly for Passenger as independent contractors engaged by Passenger and shall not be considered to be acting under the control or supervision of the Carrier , since the Carrier is not a medical provider. The doctor(s) and nurses on board charge Passengers for their services. A charge will also be made for drugs and any other medical requisites. In addition, any expense, howsoever arising, not covered by the fare, which is reasonably incurred by the Carrier on board or at any port for or on behalf of the Passenger for but not limited to hospitalisation; medical, surgical, dental or similar treatment; hotel; diversion of the Vessel; local and air transportation; medical evacuation and repatriation expenses shall be payable by the Passenger prior to departure from the Vessel. Where such costs have not yet been incurred, or if the charges for such services are not known at the time the Passenger leaves the Vessel, the Passenger shall be obligated to reimburse the Carrier for all such expenses upon demand. Notwithstanding the foregoing, the Carrier assumes no obligation, and shall have no liability to the Passenger to provide or pay for any medical treatment, on board or ashore, and the Passenger warrants that he or she is financially able to pay for such services, if needed, or has acquired travel, medical and evacuation insurance for this purpose.
(c) Without prejudice to any other lien, the Carrier may have on the Passenger’s goods by operation of law, the Passenger agrees that the Company shall be entitled to prevent any luggage or goods belonging to the Passenger or travelling with the Passenger from leaving the Vessel until all money owed the Company by the Passenger shall have been paid.
(d) The Carrier may for any reasonable cause impose charges and any expense, howsoever arising which is reasonably incurred by the Carrier on board the Vessel or in any port for or on behalf of the Passenger, including but not limited to medical expenses as set forth above, shall be payable by the Passenger and may, at the Carrier’s option, be presented and shall be paid before the Passenger disembarks.
Art. 7 DOCUMENTS, HEALTH/ FITNESS TO TRAVEL, PREGANCY, DISABILITIES/ MOBILITY, CONDUCT AND SEARCH, MINORS AND FINES AND PENALTIES
(a) The Passenger shall comply with any governmental travel requirements, shall possess and shall present entry, exit and other necessary documents, and shall arrive on board the Vessel by the time fixed by the Carrier, or if no time is fixed by the Carrier, then early enough to complete departure procedures.
(b) It may be necessary for security reasons for servants or agents of the Carrier to search the Passenger’s person and the Passenger’s personal property including baggage and goods travelling with the Passenger. The Passenger agrees to allow such searches upon being requested to do so by the authorised servants and agents of the Carrier. The Passenger further agrees to the removal, confiscation or destruction of any object which may, in the opinion of the Carrier, impair the safety of the Vessel, her crew or any Passenger, or which may cause inconvenience to any Passenger.
(c) The Passenger represents and warrants that the Passenger is and will be fit to travel and the Passenger’s conduct will not impair the safety of the Vessel or inconvenience the other Passengers. If it appears to the Carrier or the Master of the Vessel that a Passenger is, for any reason whatsoever, unfit to travel or is likely to endanger his or her health, or the health and safety, or impair the comfort or well-being of others on board, or seems likely to be refused permission to land at any port, or to render the Carrier liable for his or her support, maintenance or repatriation, the Carrier and the Master shall be entitled at any time to take any one or more of the following courses of action:
(i) to refuse to embark or disembark the Passenger at any particular port;
(ii) to disembark the Passenger at any port;
(iii) to transfer the Passenger from one cabin and berth to another, including imposing medical quarantine on any Passenger in his or her cabin;
(iv) to confine the Passenger to the ships hospital or in his or her cabin under a doctor’s supervision;
(v) through the services of the doctor(s) on board and/or such doctor’s staff to administer any drug, medicine or other substance or treatment, or to admit and/or confine the Passenger to a hospital ashore or any similar institution at any port, provided that the doctor(s) on board consider such step necessary for the well-being of the Passenger, or for the health, and well-being of the other Passengers, the crew or the medical staff of the Vessel.
(d) The Passenger agrees to abide by all of the Carrier’s health and medical rules and regulations, and all related enforcement orders of the Master and the Vessel’s subordinate officers and medical or health orders and instructions of the Vessel’s medical staff, or any medical officer purporting to represent any government. The Passenger will complete any pre boarding health questionnaire administered by the Carrier prior to boarding and any required during the Cruise. In the event of illness the Passenger undertakes to report this to the Carrier and agrees to remain in their cabin if requested or required to do so by the Vessels doctor or the Master or his officers.
(e) At the time of booking Passengers must notify Carrier in writing if they are a “Disabled Person” or “Person with Reduced Mobility” that may require special arrangements, medical equipment and/or supplies, or care or assistance at the terminal of embarkation or disembarkation, during embarkation or disembarkation or during the Cruise; of any specific needs with regard to accommodation, seating or services required; and, whether they need to bring any specific medical equipment or assistance dogs on board. If a Passenger’s circumstances change between the date of booking and the cruise, the Passenger must inform Carrier as soon as possible and advise of the need of any special arrangements including medical equipment.
Where necessary in order to comply with applicable safety requirements, Carrier may require a Disabled Person or Person with Reduced Mobility to be accompanied by another fully able bodied person who is fit and able to assist them in day to day activities. This requirement may vary from ship to ship and itinerary to itinerary. Passengers who may fall into this category may include those who require assistance with personal care including feeding. All personal care or supervision must be arranged by you at your expense. Carrier is unable to provide respite care, one-to-one personal care or supervision or any other form of specialized care for Passengers.
Passengers must inform Carrier prior to boarding and in advance of the Cruise of any medical equipment which is required on-board so that Carrier can determine if the equipment can be carried safely on-board. The ship cannot carry liquid oxygen or refill or supply oxygen cylinders. Failure to notify Carrier of such equipment may result in that equipment not being allowed on-board the ship and consequently may affect your ability to participate in the Cruise. No more than two pieces of such medical equipment are allowed per stateroom and the value of such equipment must not exceed $3,000 per stateroom in total, unless agreed otherwise in writing by Carrier. In the event that any such equipment is lost or damaged by the fault or neglect of Carrier and/or its servants or agents, then Carrier will subject to applicable limitations replace or repair such equipment at its option.
If any Passenger embarking in a EU Port requires a recognised assistance dog, then a risk assessment will need to be carried out to ensure that the dog can be carried. This will be subject to National Certificate Regulations and the ability for the dog, to not only be carried on-board but also for the dog to be landed in the Ports in which the Vessel calls.
Passengers must make complaints relating to EU Regulation 1177/2010 to the Carrier within 2 months from the date of service. Within 1 month after receipt of the complaint the Carrier will respond informing the Passenger whether the complaint has been substantiated, ejected or is still being considered. The Carrier will provide a final response to the complaint no later than 2 months after the receipt of the complaint if not satisfied with the Carrier’s response the Passenger may lodge a complaint with CLIA UK and Ireland by send the complaint to
Web site: www.the-psa.org
Address: CLIA UK & Ireland, First Floor, 41/42 Eastcastle Street,
London W1W 8DU
Telephone: 020 7323 7466
Fax: 020 7636 9206
(f) Where EU Regulation 1177/2009 does not apply Passengers with any physical or mental conditions that may require special treatment or assistance during the Cruise, including the use of a wheelchair or service animal, must notify Carrier in writing of the nature of such conditions at the time that booking is made, or promptly upon the development of such condition, if it arises after the booking has been made. Passengers who require the use of a wheelchair must furnish their own standard-size wheelchair and must be accompanied by a travel companion who is fit and able to assist Passenger in all respects. Wheelchairs supplied by Carrier and placed on board the Vessel are only for use in emergencies or for persons whose needs arise during the course of the Cruise.
(g) Any Passenger who has any form of mental or physical condition, illness or disability or who is experiencing any illness or disability which could affect his or her fitness for travel must submit to Carrier a certificate from Passenger’s physician attesting to Passenger’s condition and fitness for the travel contemplated when booking the cruise or upon the development of such condition(s) if development occurs after the time of booking.
(h) It is the Passenger’s obligation and responsibility to seek medical assistance from the qualified doctor on-board the Vessel as and when necessary during the cruise.
(i) The Vessel’s doctor is not a specialist and the Vessel’s medical Centre is not required to be and is not equipped to the same standards as a land-based hospital. The Vessel carries medical supplies and equipment as required by its flag state. Neither the Carrier nor the doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
(j) In the event of illness or accident, Passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. The Carrier makes no representations regarding the quality of medical treatment at any port of call or at the place at which the Passenger is landed.
(k) Passengers are advised to ensure that their insurance covers medical treatment.
(l) The Carrier accepts no responsibility whatsoever in relation to medical facilities provided ashore.
(m) Medical facilities and standards vary from port to port and the Carrier makes no representations or warranties in relation to such standards ashore.
(n) Passenger acknowledges and agrees that Carrier is not responsible or obligated to provide any special services or equipment other than the services or equipment normally provided by Carrier to Passengers unaffected by illness or disability. Passenger agrees to provide Carrier with full and adequate advance notice, and obtain written agreement by Carrier, of any intentions to make arrangement for, or bring onto the Vessel, special services or equipment not provided by Carrier, including an oxygen therapy apparatus. Breach of such restrictions may make Passenger liable to statutory penalties including fines, liens, or penalties on Carrier and Carrier’s Vessel.
The Carrier recommends that women who are less than 12 weeks pregnant should seek medical advice prior to travel. Women who are or will be 24 weeks pregnant at any stage of the cruise are required to produce a medical certificate of fitness to travel. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are not satisfied that the passenger will be safe during the passage. The ship’s doctor is not qualified to deliver babies or to offer pre or post natal treatment and no responsibility is accepted by the Carrier in respect of the inability to provide such services or equipment. The Passenger acknowledges and understands that travel by sea involves certain inherent risks, that medical evacuation or disembarkation may be delayed or impossible depending on the vessel’s location and current weather and sea conditions, and that medical facilities in nearby ports may be limited or non-existent.
Passengers shall not make their own arrangements for the provision of, nor shall they bring special services or equipment not provided by the Carrier, including oxygen therapy apparatus, without first having given the Carrier full and adequate advance notice of such intention and having obtained the written agreement of the Carrier to the Passenger or others on behalf of the Passenger providing such special services or equipment.
(o) Every adult Passenger booking passage for, or travelling with any minor Passenger, whether or not listed on the same Passenger Ticket, shall be liable to the Carrier and shall reimburse the Carrier for all loss, damage or delay sustained by the Carrier because of the act or omission of the minor Passenger(s) or of the Passenger relating to the supervision and control of such minor Passenger(s). In the case of minor Passengers (under the age of eighteen), whether or not they are accompanied by an adult, the minor Passenger shall be subject to all of the terms and conditions of the Contract of Carriage which shall be deemed to have been adopted for the minor by his or her parent or guardian and/or the adult person booking the cruise-tour on behalf of such minor.
(p) Expenses of any kind including fines, penalties, duties or other charges incurred by the Carrier and attributable to the Passenger’s failure to comply with regulations of the Vessel or any governmental authority shall be paid to the Carrier by the Passenger on demand. The Passenger shall not bring any goods, merchandise, cultural or historical artefacts, controlled substances, animals or animal parts, contraband, weapons or dangerous products or other items that may subject the Passenger or the Carrier to criminal or civil liability, penalty or other sanction. The breach of such restrictions or conditions may make the Passenger concerned liable to statutory penalties and may impose liens, penalties or fines on the Carrier and the Carrier’s Vessel. In such case, the Passenger shall be liable to the Carrier for any injury, loss or damage suffered as a consequence of the Passenger’s breach of the warranties of this subpart and the Passenger shall indemnify the Carrier from all related injury, loss or damage. The Passenger shall be liable to and shall reimburse the Carrier for all loss, damage or delay sustained by the Carrier because of any wrongful, neglectful or intentionally harmful act or omission of the Passenger.
Art. 8 PHOTOGRAPHY AND USE OF LIKENESS
During the cruise-tour, the Carrier, its agents or its concessionaires, may photograph or record video images of the Passengers individually or as general participants in cruise tour activities. The Carrier and its concessionaires will take reasonable steps to avoid including the Passenger in such photographs and videos upon the Passenger making his or her wishes to not be included known to the Carrier including informing directly those individuals taking photographs and videos, but notwithstanding such notice given by the Passenger, the Carrier shall have the right to publish in any medium, and for any business purpose the image taken in good faith that may include the Passenger’s likeness and in such case shall have no obligation to compensate the Passenger for such usage.
Art. 9 NOTICES
The Carrier will send all notices to the Passenger via the Travel Agent or the Organiser
Art. 10 LIMITATIONS ON LEGAL LIABILITY, INTERNATIONAL CONVENTIONS AND VENUE
THE CARRIER SHALL AT ALL TIMES BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS AS SPECIFIED BY LAW.
THE “CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA” OF 1974 AND THE PROTOCOL TO THE ATHENS CONVENTION OF 1976, (“ATHENS CONVENTION” ) AND FROM APRIL 2014 THE ATHENS CONVENTION AS AMENDED BY THE 2002 PROTOCOL (“2002 PROTOCOL) AND WHERE APPLICABLE EU REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS (THE PASSENGER LIABILITY REGULATION”) MAY APPLY TO CARRIAGE BY SEA.
THE ATHENS CONVENTION 1974 APPLIES TO NON EU SEA GOING INTERNATIONAL BOOKINGS WHERE THE CRUISE DOES NOT BEGIN OR END IN AN EU PORT. IT MAY ALSO APPLY TO SEA GOING DOMESTIC VOYAGES IN ATHENS CONVENTION TERRITORIES INCLUDING THE UK.
THE PASSENGER LIABILITY REGULATION APPLIES WHERE AN INTERNATIONAL SEAGOING CRUISE IS BOOKED IN THE EU OR THE CRUISE BEGINS OR ENDS IN AN EU PORT. THE ATHENS CONVENTION AND THE PASSENGER LIABILITY REGULATION BOTH EXPRESSLY LIMIT THE CARRIER’S MAXIMUM LIABILTY FOR DEATH, LOSS, OR INJURY TO PASSENGERS AND LOSS OF OR DAMAGE TO PASSENGERS LUGGAGE. LAWSUITS MUST BE FILED BY PASSENGER WITHIN (2) YEARS FROM THE DATE OF DISEMBARKATION FROM THE TERMINATION OF THE CRUISE AFTER WHICH THE CLAIMS SHALL BE TIMEBARRED.
Any damages payable by the Carrier up to the Athens Convention or Passenger Liability Regulation limits shall be reduced in proportion to any contributory negligence by the Client and by the maximum deductible specified in Article 8 (4) of the Athens Convention.
THE ATHENS CONVENTION LIMITS THE CARRIERS LIABILITY FOR DEATH OR PERSONAL INJURY OF A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS (SDR) PER PASSENGER PER CARRIAGE AND LIMITS THE COMPANY’S LIABILITY FOR A PASSENGER’S LUGGAGE OR OTHER PROPERTY TO 833 SDR PER PASSENGER PER CARRIAGE. AS OF JUNE 2013 THE VALUE OF 46,666 SDR WAS APPROXIMATELY £45 341.57 AND THE VALUE OF 833 SDR WAS APPROXIMATELY £809.36
THE ATHENS CONVENTION MAY BE VIEWED AT http://www.admiraltylawguide.com/conven/passengers1974.html.
THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE. AN SDR CONVERTER CAN BE FOUND AT http://coinmill.com/SDR_calculator.html. ALL VALUES IN THESE CONDITIONS OF CARRIAGE ARE AS PER 17 JUNE 2013.
FROM APRIL 2014 THE ATHENS CONVENTION WILL BE REPLACED BY THE 2002 PROTOCOL TO THE ATHENS CONVENTION WHICH WILL INCREASE THE LIMITS FOR INTERNATIONAL CARRIAGE FOR DEATH AND OR PERSONAL INJURY AND OR LOSS OF OR DAMAGE TO LUGGAGETO THE SAME VALUES AS THOSE SET OUT BELOW IN RESPECT OF THE PASSENGER LIABILITY REGULATION.
THE PASSENGER LIABILITY REGULATION MAY BE VIEWED AT http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF
THE CARRIERS LIABILITY PURSUANT TO THE PASSENGER LIABILITY REGULATION IS AS FOLLOWS:
(A) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A “SHIPPING INCIDENT”, WITH THE EXCEPTION OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL (I.E. ACT OF WAR, NATURAL DISASTER, ACT OF A THIRD PARTY). THE COMPANY’S LIABILITY SHALL BE NO MORE THAN 250,000 SDR PER PASSENGER PER CARRIAGE (APPROXIMATELY £242 904.75 ):
(B) EXCEPT FOR CASES INVOLVING WAR AND TERRORISM DAMAGES UP TO A FURTHER 150 000 SDRS ( £ 145 742.85) MAY BE PAYABLE WHERE THERE HAS BEEN A SHIPPING INCIDENT UNLESS THE COMPANY PROVES THAT THE DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A “SHIPPING INCIDENT” OCCURRED WITHOUT ITS FAULT OR NEGLECT.
(C) THE CARRIERS MAXIMUM LIABILITY FOR DEATH AND OR PERSONAL INJURY CAUSED BY A SHIPPING INCIDENT IS LIMITED TO 400,000 SDR (APPROXIMATELY £ 388 647.60 )
(D) FOR CASES INVOLVING WAR OR TERRORISM THE MAXIMUM PAYABLE BY THE CARRIER IS 250 000 SDRS PER PASSENGER OR 340 MILLION PER SHIP;
(E) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A NON “SHIPPING INCIDENT”, THE ONUS OF PROOF IS ON THE PASSENGER TO PROVE THAT THE DEATH OR PERSONAL INJURY OF A PASSENGER WAS CAUSED BY THE CARRIER. WHERE THE DEATH AND OR PERSONAL INJURY IS CAUSED BY A DEFECT IN THE VESSEL AS DEFINED BY THE PASSENGER LIABILITY REGULATION THEN IT IS FOR THE CARRIER TO PROVE THAT THE DAMAGE WAS NOT CAUSED BY ITS FAULT OR NEGLECT. THE CARRIERS MAXIMUM LIABILITY IS LIMITED TO 400,000 SDRS OR 250 000 SDRS PER PASSENGER IN CASES INVOLVING WAR OR TERRORISM;
(F) THE CARRIERS LIABILITY FOR A PASSENGER’S LUGGAGE OR OTHER PROPERTY IS LIMITED TO 2250 SDR ( APPROXIMATELY £ 2186.14 ) PER PASSENGER.
WHERE THE CRUISE IS DOMESTIC CARRIAGE IN THE UK AND THE CARRIER HAS A PLACE OF BUSINESS IN THE UK THE LIMITS FOR DEATH AND OR PERSONAL INJURY INCREASE TO 300 000 SDRS PER PASSENGER PER CARRIAGE ( £ 291 485.70)
THE CARRIER SHALL IN NO EVENT BE LIABLE FOR THE LOSS OF OR DAMAGE TO CASH, NEGOTIABLE SECURITIES OR OTHER FINANCIAL INSTRUMENTS, GOLD, SILVERWARE, JEWELLERY, ORNAMENTS, WORKS OF ART, PHOTOGRAPHIC/VIDEO/AUDIO EQUIPMENTS OR SUPPLIES, LAPTOP COMPUTERS, CELLULAR PHONES OTHER VALUABLES UNLESS THE SAME HAVE BEEN DEPOSITED WITH THE MASTER OR OTHER DESIGNATED REPRESENTATIVE AGAINST RECEIPT FOR THE AGREED PURPOSE OF SAFEKEEPING IN THE EVENT OF SUCH DEPOSIT, THE COMPANY’S LIABILITY FOR LOSS OR DAMAGE THEREOF SHALL BE LIMITED IN THE CASE OF THE ATHENS CONVENTION TO 1200 SDRS ( £1165.94 ) OR IN THE CASE OF THE 2002 PROTOCOL TO THE ATHENS CONVENTION OR THE PASSENGER LIABILITY REGULATION TO THE MAXIMUM SUM OF 3375 SDRS (£ 3279.21 ) USE OF A SAFE IN A CABIN IS NOT A DEPOSIT WITH THE SHIP EVEN IF A FEE IS PAYABLE.
THE ATHENS CONVENTION, 2002 PROTOCOL AND THE PASSENGER LIABILITY REGULATIONS presume that luggage has been delivered undamaged to the Passenger unless written notice is given to the Carrier.
(a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or
(b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place
LAWSUITS MUST BE FILED BY PASSENGER WITHIN ONE (2) YEARS FROM THE DATE OF DISEMBARKATION FROM THE CRUISE AFTER WHICH THE CLAIMS SHALL BE TIMEBARRED.
The Carrier hereby disclaims all liability to the Passenger for damages for emotional distress, mental anguish or psychological injury of any kind under any circumstance when such damages were neither the result of a physical injury to the Passenger, nor the result of that Passenger having been at actual risk of physical injury, nor intentionally inflicted by the Carrier.
Notwithstanding the foregoing, the Carrier shall in no event be liable to the Passenger in respect of any occurrence prior to embarkation or after disembarkation from the Vessel, except for transportation by water which is carried out by means of a conveyance provided by the Carrier by the Vessel and its tenders or, with respect to any baggage, when the same is in the Carrier’s custody at any dock-side facility installation.
The Carrier and the Passenger DO HEREBY IRREVOCABLY AGREE THAT ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH CARRIAGE OR THE TRANSPORTATION AND SERVICES PROVIDED, OR TO BE PROVIDED BY THE PERFORMING CARRIER AS OWNER OF THE VESSEL SHALL BE DETERMINED BY THE COURTS IN BAHAMAS, THE COUNTRY OF THE VESSEL’S REGISTRATION, AND THE JURISDICTION WHICH THE PERFORMING CARRIER AND THE PASSENGER SUBMIT THEMSELVES. If any action be commenced in any court other than the courts of Bahamas, the Carrier and the Passenger AGREE TO THE IMMEDIATE TRANSFER OF SAID ACTION TO BAHAMAS and any attorney’s fees and costs incurred in transferring an action brought in any jurisdiction or venue other than Bahamas bringing such action in the jurisdiction or venue other than Bahamas. CLAIMS AGAINST ANY OTHER CARRIER SHALL BE BROUGHT IN THE APPLICABLE JURISDICTION AND IN ACCORDANCE WITH THE PASSENGER LIABILITY REGULATION. The requirements of this Article cannot be waived by any of the Carrier’s agents or employees; they may be waived only by express written agreement of one of the Carrier’s officers or directors having authority in the premises. Notices are to be provided to the Carrier at the following address:
ALL LEISURE HOLIDAYS LIMITED
Compass House, Rockingham Road,
Market Harborough, Leicestershire