apply for certain cruises). This reflects the minimum cost to FOCL of
remarketing a cruise following cancellation.
3.15 For cruises of 28 days or longer (a “Long Cruise”), an additional
non-refundable deposit of 15% of the Price will be payable 180 days
before the departure date (so the total non-refundable deposit at
180 days prior to departure will be 30% of the Price). This reflects
the additional cost and risk to FOCL of remarketing a Long Cruise
3.16 Where a Booking for a Long Cruise is made within 180 days of
the departure date, a non-refundable deposit of 30% of the Price
will be payable upon booking. The balance for such bookings will
be payable 90 days prior to departure. The Passenger’s entitlement
to a refund for a Long Cruise upon cancellation (if any) will be
determined in accordance with the cancellation charges at clause
4. Prices and other charges
4.1 Prices are based on operating costs and market conditions at the
date they are published and may be revised upwards or downwards
at the discretion of FOCL at any time.
4.2 Once you have made a Booking, no increase or decrease in the
Price will be made except as follows:-
4.2.1 If there is an increase or decrease in the cost of providing any
Holiday under a Contract of more than 3% caused by an increase or
decrease in: transportation costs, including the cost of fuel; dues,
taxes or fees for the services imposed by third parties not directly
involved in the performance of the Holiday, including tourist taxes,
landing taxes and embarkation and disembarkation fees at ports and
airports; or exchange rates, then a surcharge may be levied and may
include an amount to cover agents’ commission or a refund may be
provided. In no circumstances shall any increase exceed the Price
quoted at the time of your Booking by more than 10%. If a surcharge
is made it will be demanded in writing. In the event that you fail to
pay a surcharge within 14 days of a demand to do so by FOCL, FOCL
may treat this as cancellation by you of the Contract in which case
the provisions clause 5 (“Cancellation by You”) will apply.
4.2.2 No surcharges will be charged less than 30 days before the
Departure Date but Bookings received within this period may be
charged at the published price plus any surcharge arising up to the
date of that Booking.
4.2.3 Similarly, if there is a decrease of more than 3% in the costs of
providing any Holiday under a Contract (as per clause 4.2.1) then any
decrease over 3% will be passed on to you.
4.3 Most port and airport charges and taxes are included in the Price
of the Holiday. Where these are not included, you will be advised
separately. Some overseas charges and taxes may have to be paid
locally by you.
4.4 Medical services provided on board are outside the scope of the
UK National Health Service and a charge is made for these services,
for drugs and other medical provisions including repatriation costs in
accordance with clause 10 below.
4.5 All Passengers must register a debit or credit card accepted
by FOCL at check in. This applies to Passengers even where they
do not wish to open an on board account during their cruise,
however an on board account will not be granted without a card
first being registered.
4.6 All accounts for services and goods provided on board the vessel
and any other amounts due which are not included in the Price of
the Holiday, including amounts for tours, Shuttle Transport Services,
excursions and programmes, medical services must be settled
before you leave the vessel (without any set-off or counterclaim
including any claim for compensation). A 1.5% surcharge will apply
to payments made by credit card.
4.7 An administration charge of £75 will apply if you fail to fully settle
your on board account before you leave the vessel.
4.8 Liability for joint on board accounts shall be joint and several
between Passengers named on the joint account.
4.9 In the event that a Passenger fails to settle his/her on board
account on or before completion of the Holiday, FOCL reserves the
right without prejudice to any other remedies FOCL may have under
these Conditions or otherwise, to take payment from the debit or
credit card registered by the Passenger at check in; cancel any future
Bookings the Passenger may have made with FOCL; and/or to set
off any sums owed to FOCL by the Passenger against any sums due
to the Passenger from FOCL. Failure to settle on board accounts
may also result in legal action against the Passenger or Passengers
5. Cancellation by You
5.1 You may cancel your Contract by providing notice to FOCL in
writing. Where you do so 91 days or more before departure (or 181
days or more for Long Cruises), FOCL will be entitled to retain a
non-refundable deposit in accordance with clause 3 above. If you
cancel 90 days or fewer before departure, then FOCL will be entitled
to retain a portion of the Price in accordance with the following
scale. These percentages reflect the cost to FOCL of remarketing
a cruise and/or the loss that FOCL is likely to suffer as a result of
the cancellation. The figures expressed below include any nonrefundable
View destination and ship videos at www.cruisewithfred.tv 239
The effective date of cancellation is the date of receipt by FOCL of
written notice to cancel. For the avoidance of doubt, these charges
will apply whatever the reason for your cancellation, including illness,
incapacity, death or any other intervening event. If you have already
started your Holiday but are unable to continue for any reason
whatsoever including repatriation, illness, incapacity, death, or any
unavoidable and extraordinary event occurring at the destination or
its immediate vicinity significantly affecting the Holiday, FOCL may
resell any unused services or accommodation.
5.2 Where FOCL offers special offers on certain products, it loses the
opportunity to sell those products at full price and reduces its margin
on the products that are subject to the special offer. Therefore,
special terms and conditions apply to special offers in order to make
them commercially viable for FOCL. Where you cancel a special
offer, for example (but not limited to) Anchor Fares, 2 for 1 offers,
BOGOF deals, Special Saver Fares no refund will be available of any
part of the Price, subject to clause 5.5 below.
5.3 Cancellation fees may be insurable. It is the Passenger’s
responsibility to make any such claim under the terms of his/her
insurance policy. Holiday insurance premiums cannot be refunded
in the event of cancellation.
5.4 Cancellation of land tours or scheduled air upgrades/deviations
purchased as add-ons to “Grand” and “World Voyages” (including
sectors) will incur 100% charges to the third party supplier if
cancelled within 90 days of your Departure Date.
5.5 Where you cancel a Booking, FOCL will make reasonable
endeavours to resell the cruise. You recognise that it may not be
viable for FOCL to attempt to do so in certain circumstances, for
example where the Departure Date is imminent. You additionally
recognise that, in order to resell, FOCL may, at its absolute
discretion, remarket the cruise at a discounted rate. FOCL will not
be regarded at having successfully resold a cruise until all tickets of
a comparable level and characteristics to the resold cruise (e.g. in
terms of price, level of cabin and other additional elements included
in the Booking) have sold out for that particular cruise at the Date of
Departure. Where a cruise has been successfully resold, FOCL may,
at its reasonable discretion, refund all or part of the Price paid by
you. In all circumstances, any such refund will be less a reasonable
deduction to account for the cost of remarketing and rebooking the
cruise and less any shortfall between the price paid by you and the
price at which the cruise has been resold.
6. Alteration and cancellation by FOCL
6.1 FOCL reserves the right to cancel any Holiday at any time on the
giving of written notice to the Passenger. In any such instance the
terms of the ABTA Code of Conduct will apply. Your statutory rights
are not affected.
6.2 Published Holiday details in FOCL brochures and any notified
Holiday details to you at the time of placing your Booking may be
subject to alteration after the Contract arises as a result of events,
changes in circumstances or other factors that have occurred or
arisen since the Holiday was originally planned by FOCL. FOCL’s
priority is to provide you with the Holiday you booked under your
Contract as far as possible for its duration. Alteration may include
(without limitation) omitting, substituting or adding ports of call,
restricting the availability of any on board facilities and services
available at any time or otherwise changing the itinerary (including
routing of the cruise ship or flights and port of embarkation and
disembarkation), schedule, cruise ship or other arrangements that
form part of the Holiday. Alteration of the Holiday may (without
limitation) be made of necessity due to for example an outbreak of
an infectious disease or because it appears to FOCL desirable for
the safety, comfort or enjoyment of Passengers or the operational
efficiency of the Holiday. Where possible and appropriate FOCL will
try to ensure that any changes are as limited as practical and do
not take place within 14 days of the Departure Date unless due to a
Force Majeure event. Such alteration will not amount to a significant
alteration of the Holiday under the Contract.
6.3 Where before the Departure Date it becomes impossible to
provide your Holiday (even by making changes) due to an event
of Force Majeure, then FOCL will give notice of cancellation of the
Holiday as soon as practicable and you will be offered a refund of all
monies paid under the Contract or where possible the choice of a
replacement Holiday of equivalent value.
6.4 FOCL has the right up to 90 days before the Departure Date
to cancel any Holiday under a Contract or any part of it because
the minimum number of Passengers needed has not been achieved.
6.5 It is a condition of this contract that the Passenger will act in
good faith towards FOCL at all times. In the event that the Passenger
breaches this clause 6.5, FOCL shall have the right to treat the
Contract as repudiated, and to terminate the Contract immediately.
6.6 Where after the Departure Date it becomes impossible to
provide any part of a Holiday under a Contract due to an event of
Force Majeure, FOCL or any other party acting as operator will make
suitable alternative arrangements at no extra cost to you. If this is
not possible equivalent transport will be provided back to the place
of departure or on to the final destination and where the Holiday is
curtailed, then for each whole day lost you will be reimbursed an
amount equivalent to the daily cost of the cruise part of the Holiday.
6.7 Where delay occurs during the Holiday due to fault on the
part of FOCL or any other party acting as operator then alternative
arrangements will be made where required to ensure the
continuation of the Holiday.
6.8 In the event of cancellation, alteration or delay (including
prolongation of the Holiday) FOCL will not be responsible for
individual circumstances or arrangements, or any losses arising from
individual circumstances or arrangements.
7. Conduct, safety and security
7.1 If it appears before or during your Holiday that you are or are
becoming for any reason unfit to travel or likely to endanger or
prejudice the health or safety or comfort of yourself or anyone else,
including, without limitation, as a result of any excessive alcohol
consumption, then a duly authorised representative of FOCL or any
other party involved in the supply of services under this Contract
may transfer you from one Cabin or seat to another or restrain,
confine or otherwise deal with you as may be considered necessary
or refuse to embark or disembark you at any port or place. In such
circumstances, you will not be entitled to any refund, compensation
or contribution to or reimbursement of travel costs or expenses of
any kind and you shall be liable to pay any fines, losses, compensation
or other amount due to any third party. In no circumstances shall
FOCL have any liability for prevention of boarding of any form of
transport due to a decision made by any party other than FOCL.
7.2 FOCL has the right to make, enforce and change (without prior
notice) rules and policies for the conduct of Passengers on board
relating to matters including, but not limited to, dress, behaviour,
alcohol and food. No animals, dangerous articles, or controlled
or prohibited substances may be brought on the Holiday and/
or vessel. Abusive or violent behaviour towards FOCL staff, or the
consumption of excessive alcohol will not be tolerated and FOCL
reserves the right to require any Passengers that it reasonably
considers to have been involved in such behaviour, to disembark the
vessel at the next port of call. For the avoidance of doubt, in such
circumstances, FOCL shall have no liability to the Passenger for any
costs incurred as result of the requirement to disembark, including
without limitation, accommodation costs and further travel costs.
7.3 For your safety and security, or that of other Passengers, it may
be necessary for servants or agents of FOCL to search Passengers,
their Cabins or their luggage. You will allow this to take place when
authorised by the Captain or a security or other officer of the vessel,
and you agree to follow any instructions or orders in this regard.
7.4 You will be responsible for any loss or damage caused by you
during the Holiday to any property or person or other third party or
FOCL, no matter how that loss or damage is caused. If you cause
such loss or damage then FOCL may require you immediately or
at any time to pay to FOCL an amount sufficient to cover, or on
account of, any loss or damage so caused.
7.5 You confirm your agreement to the use of CCTV throughout
FOCL ships, and in public areas at ports and terminals. This is for
the safety of Passengers and crew. CCTV images may be retained
by FOCL for a reasonable period of time, strictly for security
purposes only. CCTV will not be in operation in areas such as toilets
or private Cabins.
7.6 FOCL reserves the right to restrict the use of recording and
photographic equipment by Passengers, in circumstances where
FOCL deems its use to be invasive or inappropriate to FOCL, its
Passengers or crew. FOCL reserves the right to confiscate such
equipment from Passengers, to be returned at the end of a cruise.
In the event that a Passenger refuses to surrender such equipment
upon demand, FOCL may require them to leave the ship.
7.7 Passengers must read our Guest Conduct Policy which is
available on our website and in all Cabins on FOCL vessels and,
together with the Conditions, forms part of your contract with us.
8.1 The liability of FOCL and any other party that may be involved
in the supply of services in connection with this Contract may be
limited by international conventions including those relating to
carriage by sea and air, in the case of carriage by sea, including the
Athens Convention 1974 (as amended), carriage by air, including
the Warsaw Convention 1929 (as amended by The Hague Protocol
1955) or the Montreal Convention 1999 or otherwise and hotel
stays, including the Paris Convention 1962, and in the case of all
such conventions, any applicable Protocols or other amendments
as made from time to time. Where these or any other conventions
apply to any service or accommodation supplied during any part of
the Holiday, whether or not directly supplied by FOCL, then insofar
as FOCL may have any responsibility or liability, the limits of liability
afforded by such conventions apply to FOCL and any liability or
responsibility of FOCL shall be determined accordingly.
8.2 Save as provided otherwise in these Conditions, all arrangements
for the provision of transport of Passengers, their luggage and
personal property, accommodation and other services are in
addition to these Conditions subject to the rules, regulations, and
Conditions of airlines and owners or operators of any other ship or
vessel used and all other services such as transfer operators, hotels,
etc. These are deemed to be expressly accepted by the Passenger
and are herein expressly incorporated into the Contract.
8.3 Unless otherwise provided for by force of the law or in
accordance with these Conditions the liabilities, obligations and
responsibilities of FOCL and any other party involved in the supply
of services in connection with these Conditions shall be limited in
accordance with the limits applicable to a carrier under the Athens
Convention 1974 (Carriage of Passengers and Luggage by Sea), as
modified and set out in parts I and II of Schedule 6 of the Merchant
Shipping Act 1995 (together the “Convention”).
8.4 The liability of FOCL or any other party that may be involved in
the supply of services in connection with these Conditions for death
or illness of, or personal injury to, any Passenger, or the loss of or
damage to the luggage of any Passenger is limited to the maximum
amounts specified in Articles 7 and 8 of the Convention save in the
case of valuables (as defined in Article 5 of the Convention) where
no liability is accepted unless such valuables have been deposited
with the carrier for the agreed purpose of safe-keeping, in which
case liability will be limited as provided for in Article 8(3) of the
Convention. Please see clause 9 below which sets out further details
in relation to luggage claims.
8.5 No responsibility is accepted for loss or damage caused to
you by failure to perform the Contract, or improper performance
of these Conditions, where the failure or improper performance
happens without fault on the part of FOCL or other operator or
supplier of services included in the Holiday Contract because:
(i) it is attributable to your fault; or
(ii) it is unforeseeable and unavoidable and attributable to a third
party who does not supply services included in the Holiday; or
(iii) it is due to unusual or unforeseeable circumstances i.e. due to
an event of Force Majeure which is beyond the control of FOCL,
the consequences of which could not have been avoided by the
exercise of due care, or an event which FOCL or other operator or
supplier of services could not foresee or forestall including but not
limited to unusual weather or sea conditions.
8.6 No liability is accepted in respect of arrangements or
commitments made by you or on your behalf that are not part of
the Holiday Contract, including, but not limited to arrangements that
you make directly, or via FOCL acting as agent only, with a service
provider other than FOCL.
8.7 Insofar as FOCL may be liable to a Passenger in respect of claims
arising out of carriage by air, land or sea, FOCL shall be entitled
Number of days
Percentage of Price FOCL
will be entitled to retain if the
cruise is cancelled by you
90-57 days 60% (100% for Anchor Fares)
56-42 days 75% (100% for Anchor Fares)
41-16 days 85% (100% for Anchor Fares)
15 to 0 days 100%