standards, then FOCL reserves the right to refuse Passage. If refusal
is based upon this clause 12.6 then the Passenger shall be provided
with reasons, in writing, by FOCL within 5 days of refusal. In any such
event, the Passenger shall have the option of reimbursement or, if
12.7 Any Passengers wishing to embark on a cruise with a mobility
scooter, wheelchair or other similar mobility aid (together “Mobility
Aids”), should advise FOCL of this upon booking. Space for these
on board is limited by IMO/SOLAS Regulations and failure to book
in advance is likely to mean that the Passenger will be refused
embarkation, and cancellation fees will apply. In the event that the
need arises for a Passenger to use a Mobility Aid during a cruise, this
will only be permitted in the event that the limits under the IMO/
SOLAS Regulations relating to the use of Mobility Aids have not been
reached for that particular cruise. If such limits have been reached,
FOCL shall be entitled to require that Passenger to disembark the
vessel at the next port of call, and shall have no liability whatsoever
to that Passenger for any costs incurred as a result, including without
limitation accommodation costs and further travel costs.
12.8 Any Passenger using a Mobility Aid on board a vessel is
responsible for operating it in an appropriate manner. Due care and
attention should be given to other Passengers and the user of the
Mobility Aid will be fully liable for any damage or personal injury
(whether to the user of the Mobility Aid or to other Passengers)
caused by such use. Passengers using Mobility Aids are also
responsible for ensuring they hold the appropriate insurance for use
of the Mobility Aid on board the vessel.
12.9 Where it is necessary for Passengers to use shuttle services for
access to vessels, Passengers must be able to board and disembark
such services with minimal assistance from other Passengers or
crew. Under no circumstances will FOCL’s staff agree to carry or lift
Passengers to facilitate boarding or disembarkation. FOCL will make
reasonable endeavours to provide extra assistance and alternative
transport arrangements where required, however the Passenger
understands that this may not be available at short notice and the
cost associated with providing such extra assistance may be for
the Passenger’s account where, in FOCL’s reasonable opinion, the
additional cost is disproportionate to the Price of the cruise.
12.10 Passengers who are visually impaired must complete a
General Mobility and Medical Questionnaire so that appropriate
arrangements can be made for their holiday. At the time of
embarkation and throughout their holiday, visually impaired
Passengers must either: a) be capable of safely moving around the
vessel unassisted, or with the assistance of an assistance dog (where
permitted under these terms and conditions); or b) be accompanied
by an able bodied companion, whose assistance means that they
can safely move around the vessel. If (in FOCL’s reasonable opinion)
this clause is not fully complied with, FOCL will be entitled to refuse
embarkation or require the visually impaired Passenger to disembark
the vessel, at no cost to FOCL.
13. Documentary and medical requirements
13.1 A full valid passport is required for all Holidays. Your passport
must be valid for at least 6 months after the date of return to the
UK (a shorter validity may be acceptable on certain itineraries,
please check at time of Booking). You are responsible for ensuring
compliance with all necessary visa and other documentary
requirements for the entire Holiday, and shall have received all
medical inoculations necessary (notwithstanding that FOCL may
provide advice on these matters from time to time). At any port or
place, FOCL or any other party involved in the supply of services in
connection with your Holiday may refuse travel, accommodation, or
disembark any Passenger without compensation who in the opinion
of FOCL or any other party involved might be excluded from landing
at any destination by Immigration or other Governmental Authorities
or who may be suffering from contagious or infectious disease or
whose presence may be considered detrimental to safety or comfort
of other holidaymakers or crew members.
14. Enjoyment Promise terms
14.1 The Enjoyment Promise is only applicable to guests who have
not cruised on a FOCL ship before. It excludes Party Nights and
cruises for 4 or less nights. The promise only applies to Bookings
made for departures more than 12 weeks ahead. The Enjoyment
Promise only applies to Passengers who have contracted with FOCL
and excludes cruises on vessels operated by FOCL but booked
through third Party operators.
14.2 Should you wish to invoke the Enjoyment Promise, you will
need to inform Guest Relations within 48 hours of the Vessel’s
departure from the original port of embarkation at the latest. FOCL
will arrange and pay for a flight and/or transport back to the UK.
FOCL will refund the cruise cost only but will not refund other costs.
15. Assistance dogs
15.1 You must give written notice to FOCL at the time of Booking if
you wish to bring a recognised assistance dog on board the vessel.
15.2 Carriage of recognised assistance dogs on board are subject to
animal health rules applicable to the voyage.
15.3 FOCL require evidence that the assistance dog has been
16.1 Prices for fly-cruises quoted in any FOCL Holiday brochure
are inclusive of specially negotiated airfares which are subject to
availability. If no aircraft seats are available at the airlines prices in
conjunction with a particular Holiday at the time of Booking then
the fly-cruise option will not be offered. Flight upgrades/premium
seats for fly-cruises are limited in number. They will be allocated at
the time of Booking, subject to availability at the time of the Holiday.
Aircraft configurations are subject to change and in the event of a
flight operator being unable to provide premium seats on any service
then any payment of or towards an upgrade supplement will be
refunded in full.
16.2 All published itineraries are based on current airline schedules or
advised charter flights at the time of the Booking and may be subject
to change at the option of the airline operator prior to the Departure
Date. You will be notified of any such changes. Details of which
aircraft operator will be used for your Holiday Booking and the type
of aircraft operated cannot always be given at the time of Booking.
16.3 The Passenger will receive confirmation of flight timings
and routes with their travel documents, which will be sent out
approximately 7 days before the Departure Date.
16.4 If the Contract does not include flights, it is the Passenger’s
responsibility to obtain a valid ticket direct from an air carrier suitable
for and in time for travel to the vessel (and including local transfers
which the Passenger must arrange). FOCL shall not be responsible
for any liabilities arising in respect of flights or transfers arranged by
17. Luggage allowance
17.1 If you are sailing from a UK Port the total luggage allowance is
90kg per Passenger. No one piece should weigh more than 20kgs.
17.2 On fly-cruises your luggage allowance will be restricted by
the airline. It is your responsibility to check the luggage weight
allowance restrictions for both your outbound and/or return flights.
Any excess luggage charges imposed by the airline providing the
flight will be the sole responsibility of the Passenger.
18.1 The Passenger acknowledges that FOCL will require certain
personal details from the Passenger in order to process a Booking and
to fulfil the Contract for the supply of your Holiday. The Passenger
hereby agrees to this information being passed to any third parties
in order for the supply of the Holiday. Personal details supplied
to FOCL may also be used for marketing purposes. Marketing
communications from FOCL will allow you the opportunity to opt
out of further communications. FOCL will not disclose your personal
details to third parties for marketing purposes without your express
which is hereby expressly incorporated into these Conditions.
19. Travel Insurance
19.1 It is a condition of the Contract that travel insurance is taken
out before travelling on any FOCL cruise Holiday. This should cover
all appropriate travel, cancellation, medical, emergency airlift/boat
transfer at sea and repatriation liabilities for the Holiday. FOCL
reserves the right to cancel the Contract and/or refuse embarkation
and/or require the Passenger to disembark at the next port of call,
without any liability or cost to them in the event that this clause
19.1 is not complied with in full by you. Failure to give full, frank
and honest disclosure to any insurers’ enquiries will amount to a
breach of this clause. Final Holiday documents cannot be released
until FOCL has received notification of your insurance policy details.
FOCL recommends that all Passengers obtain travel insurance as
soon as possible following Booking in order to cover cancellations
should it become necessary.
19.2 You will indemnify FOCL against any and all liabilities, costs,
expenses, damages and losses (including any direct, indirect or
consequential losses, loss of profit, loss of reputation and all interest,
penalties and legal and other reasonable professional costs and
expenses) suffered or incurred by FOCL arising as a result of:-
19.2.1 Any breach of the condition set out in clause 19.1 above,
or your insurance being deemed either invalid, inadequate and/or
19.2.2 Any claim made against FOCL by a third party for death,
personal injury or damage to property arising out of or in connection
with any breach of clause 19.1 above which is attributable to the acts
or omissions of you.
20.1 No variation of these Conditions shall be effective unless in
writing and signed by FOCL.
21. Smoking policy
21.1 Smoking is only permitted in certain dedicated external areas
throughout the vessel. Smoking anywhere else is strictly prohibited.
21.2 Throwing cigarette butts over the side of the vessel is strictly
21.3 Electronic cigarettes emitting any vapour, even if only a water
vapour, may only be smoked in designated smoking areas.
21.4 Any breach of this clause 21 may result in the Passenger being
required to disembark the Vessel at the next port of call, without any
liability or cost to FOCL.
22. Alcohol policy
22.1 Only alcohol purchased on board the vessel may be consumed
on board. Any alcohol not purchased on board will be collected
prior to boarding and returned to the Passenger the day before
22.2 The Passenger agrees at all times to drink safely and responsibly
whilst on board the vessel.
22.3 FOCL and its Passengers must comply at all times (including
when on board a vessel outside British waters) with all applicable
English laws on the sale and purchase of alcohol, including, without
limitation, as set out in the Licensing Act 2003. FOCL will not serve
alcohol to any person under the age of 18, and no person under the
age of 18 may consume alcohol on board the vessel. FOCL may, at
its sole discretion, refuse to serve, sell or supply a Passenger with
alcohol at any time and for any reason.
22.4 FOCL reserves the right, in its sole discretion, to confine a
Passenger to their Cabin; breathalyse the Passenger; take blood
samples from the Passenger; treat the Passenger medically; disable
the Passenger’s Cabin account; require the Passenger to leave the
ship at the next port of calling (at no liability to FOCL); exclude the
Passenger from future FOCL cruises; and/or cancel any bookings
already made by or on behalf of the Passenger, if deemed necessary,
as a result of the Passenger’s alcohol consumption and/or any
resulting behaviour. Where a Passenger is asked to leave the vessel at
the next port of calling, the Passenger will not, in any circumstances,
be entitled to any refund for their Holiday or compensation for costs
22.5 FOCL reserves the right to charge the Passenger for all costs
(including but not limited to any medical costs) and/or damage
caused to FOCL property resulting from Passenger’s consumption
of alcohol. Such costs and expenses will be payable to FOCL by the
Passenger on demand.
23. All Inclusive
23.1 All inclusive drinks packages shall include selected house beers,
house wine, house spirits and draught soft drinks. Excluded from the
all inclusive drinks package are champagne, premium drinks and
branded drinks, cocktails, mini bars and room service, drinks taken
ashore, speciality teas and coffees, premium traditional afternoon
tea service. For the avoidance of doubt, sparkling wines, premium
wines, shore tours, tips, beauty salon treatments, casino, medical
expenses, in Cabin shopping, communication (including without
limitation, internet, wifi and telephone) photography and On board
shops are also excluded.
23.2 Items included within the all inclusive drinks package may be
amended from time to time at FOCL’s discretion.
24. FOCL Special Offers
24.1 FOCL may, from time to time, run special offers on its Holidays
(e.g. Anchor fares and ‘BOGOF offers’). These Conditions shall apply
to such special offers unless the terms of the special offer in question
states otherwise. In the event of a conflict between the terms of the
special offer and these Conditions, the terms of the special offer
25. Liability of Employees, Servants and Subcontractors
25.1 It is hereby expressly agreed that no servant or agent of FOCL
and/or the carrier, including the Captain/master and crew of the
vessel concerned including independent subcontractors and their
employees as well as the underwriters of these parties shall in any
circumstance whatsoever be under any liability whatsoever beyond
these Conditions and these parties may invoke these Conditions to
the same extent as FOCL and/or the carrier. Please also refer to the
Shore Tour terms and conditions which can be viewed on the FOCL
website and appear in the Shore Tour booklet.
25.2 FOCL has no direct control over the tour providers and their
services. In no case whatsoever will FOCL be held liable for loss,
damages and injuries incurred by the Passenger as a result of the
negligent act or omission or otherwise of the tour providers. FOCL
will exercise reasonable skill and care in the selection of a reputable
tour provider. In assessing performance and/or liability of any tour
provider, local laws and regulations will apply.
26. Rights of Third Parties
26.1 Unless otherwise stated under these Conditions, a person who
is not party to a Contract shall have no rights under or in connection
with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
27. Law and Jurisdiction
27.1 These Conditions and any dispute or claim arising out of or in
connection with it or its subject matter or formation (including noncontractual
disputes or claims) shall be governed by and construed
in accordance with English law.
27.2 The parties irrevocably agree that the courts of England and
Wales shall have exclusive jurisdiction to settle any dispute or claim
that arises out of or in connection with these Conditions or its subject
matter or formation (including non-contractual disputes or claims).
The invalidity or unenforceability of any provisions of this Agreement
shall not affect the validity or enforceability of any other provision of
this Agreement, which shall remain in full force and effect.
Fred. Olsen Cruise Lines Is a member of ABTA with membership
number W0637. ABTA and ABTA members help holidaymakers to
get the most from their travel and assist them when things do not
go according to plan. We are obliged to maintain a high standard of
service to you by ABTA’s Code of Conduct. For further information
about ABTA, the Code of Conduct and the arbitration scheme
available to you if you have a complaint, contact ABTA, 30 Park
Street, London, SE1 9EQ, tel: 0203 117 0500 or www.abta.com.
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