Your contract with Fred. Olsen Cruise Lines
These Terms and Conditions are correct as at the date of publication of this
Brochure. Your booking will be subject to the most up-to-date version, which
can be found at www.fredolsencruises.com/Terms-and-Conditions
These terms and conditions should be read carefully.
Any booking for a Fred. Olsen Cruise Lines Ltd. (“FOCL”)
cruise holiday is accepted subject to the passenger terms
and conditions (“Conditions”) that are in force at the
time that you make your Booking*, as displayed on the
FOCL Website*: www.fredolsencruises.com/Terms-and-
Conditions. You must read them carefully and inform FOCL
by emailing firstname.lastname@example.org directly
if, prior to making a Booking or at any time before your
Holiday*, you have any questions or doubts over your ability
to fully comply with the Conditions.
Please note that where an FOCL cruise is sold by another
Tour Operator*, the terms and conditions of your contract
with that Tour Operator apply to the whole Holiday, unless
such terms are expressly amended or excluded by FOCL.
However, in such circumstances we will allow you to embark
and will carry you on our vessel on the basis that you agree
that the Conditions in clauses 2.7 to 2.9, 2.12, 3.4 to 3.8, 5.1 to
5.5, 8 to 13, 15.5, 15.6, 16 to 18, 20, 21 and 23** will apply as
*each as defined below
**clauses 3.7 and 21 apply to River Cruises only
Definition and Interpretation
“Anchor Fare” means a cruise ticket marketed at a lower
price to the Freedom Fare, subject to certain conditions such
as automatic cabin allocation in any part of the ship and
restricted refund and amendment entitlement. See FOCL
Website for more details: http://www.fredolsencruises.com/
“Booking” means the Passenger’s booking of a Holiday,
accepted by FOCL in accordance with clause 2.
“Booking Fee” means a charge added to the Booking by FOCL
for booking the Holiday.
“Cabin” means a cabin or room on-board a vessel.
“Convention” means any Convention referred to at clause 9.1
below; the Strasbourg Convention and any other Convention
that might apply from time to time, either by force of law or in
accordance with these Conditions.
“Departure Date” means day one of the Holiday as notified to
the Passenger at the time of Booking.
“Enjoyment Promise” has the meaning set out on the FOCL
“Fly-Cruise” means a Holiday (as defined below) which
comprises of a cruise and a flight booked on your behalf as a
package offered by FOCL.
“FOCL Website” means www.fredolsencruises.com
“Force Majeure Event” means an unusual and unforeseeable
event outside the control of FOCL and includes but is not
limited to war, threat of war, piracy or threat of piracy, riots,
civil disturbances, terrorist activity and its consequences,
industrial disputes, natural and nuclear disasters, fire,
epidemics, health risks and pandemics including but not
limited to incidents of infectious or other diseases, illnesses
or medical issues, unavoidable and unforeseeable technical
problems with transport for reasons beyond FOCL’s control
or that of any suppliers of FOCL, deviation at sea in response
to a distress call or other emergency, closed or congested
airports or ports, adverse weather conditions or adverse sea
states, unusually high or low tides or river levels, failure of
power supplies, suicide or attempted suicide on board or a
Passenger’s deliberate exposure of itself, others or the vessel
to unnecessary danger (except in an attempt to save human
life) or the consequences of participating in an unusual or
“Freedom Fare” means a cruise ticket marketed with benefits
such as advance booking of chosen cabin and restaurant
reservations, greater flexibility to transfer your Holiday and
other on-board benefits. See FOCL Website for more details:
“Group Booking” means a Booking entered into by
one Passenger on behalf of itself and a number of
“Holiday” means any FOCL holiday offered from time to
time, including flights for any Fly-Cruise, but excluding any
excursions, tours and other extras unless they are expressly
stated to form part of the Holiday.
“Long Cruise” means a cruise of 28 days or longer.
“Organiser” means any person who organises packages and
markets and / or offers them for sale, whether directly or
through a retailer and whether acting as agent or principal.
“Passenger(s)” and/or “you” means a person who has
entered into a Booking with FOCL for the supply of a Holiday
and includes any specified person who will be participating
in the Holiday.
“Price” means the price of the Holiday as communicated at
the time of the Booking, plus any additional sums payable due
in accordance with these Conditions.
“River Cruise” means a cruise, or part of a cruise, on any
waterway (as defined in the Strasbourg Convention).
“Shuttle Transport Services” means any form of transport
offered to Passengers provided by a third party for transiting
to/from a vessel or around a port or other terminal.
“Special Offers” means Anchor Fares, 2 for 1 offers, BOGOF
deals, Special Saver Fares and any other special offers or
marketing incentives offered by FOCL from time to time.
“Strasbourg Convention” means the Strasbourg Convention
of 2012 on the Limitation of Liability in Inland Navigation.
“Third Party Services” means services provided by third party
suppliers such as organised tours, Shuttle Transport Services,
excursions or other programmes, which do not form part of
“Third Party Service Provider” means a provider of Third Party
Services, engaged by FOCL acting as agent only.
“Tour Operator” means a person that markets and resells
Holidays (or any component thereof) as a principal.
(a) a person includes a natural person, corporate or
unincorporated body (whether or not having separate
(b) a reference to a party includes its personal representatives,
successors or permitted assigns;
(c) a reference to a statute or statutory provision: (i) is a
reference to such statute or statutory provision as amended
or re-enacted; and
(ii) includes any subordinate legislation made under that
statute or statutory provision, as amended or re-enacted;
(d) a reference to “writing” or “written” includes emails.
1. How to book
1.1 A Booking can be made via your travel agent or directly
1.1.1 by telephone: 0800 0355 141 (or 0800 0355 260 for River
1.1.2 through the FOCL Website: www.fredolsencruises.com.
1.2 Prior to making a Booking you must ensure that you have
read and are prepared to accept these Conditions, and have
available the information required to make the Booking in
compliance with these Conditions.
1.3 The Passenger responsible for concluding a Booking with
FOCL warrants that they are of at least 18 years of age on the
date of the Booking.
2. The Booking
2.1 A binding contract will be concluded between you and
FOCL only when FOCL confirms acceptance of the Booking.
The Booking constitutes the entire agreement between FOCL
and the Passenger and, unless otherwise stated in these
Conditions, supersedes all other agreements, oral or written.
2.2 You must pay any sum due to FOCL at the time the Booking
is made, including any Booking Fee notified to you at the time
of making the Booking. Where a sum is overdue for payment
in accordance with these Conditions, FOCL will have no
obligations to supply a Holiday or any other service forming
part of the Booking until all amounts have been paid up to date.
FOCL may also cancel the Booking. Such cancellation will be
treated as a cancellation by you, in accordance with clause 6.
2.3 These Conditions apply to you and every other Passenger
partaking in the Holiday. You warrant that you have the
authority to make the Booking on behalf of any Passengers
named in your Booking.
2.4 All employees, servants (including medical staff), agents
and subcontractors, the owner and operator of the vessel and
any other party involved in the supply of services in connection
with a Booking shall have the benefit of all rights, exemptions
and limitations in these Conditions. In no circumstances will
the total liability of such parties to you exceed that of FOCL’s
liability to you under the Booking.
2.5 Save as set out elsewhere in these Conditions, the
Passengers under a Booking cannot be altered at any time.
In addition the Holiday cannot subsequently be amended or
transferred to a lower priced deal or Holiday other than as set
out in these Conditions. Bookings must be accepted by FOCL
and cannot be accepted by any third party.
2.6 FOCL reserves the right to refuse to accept any Booking
even if the deposit and the full balance of the Price have been
paid by you to FOCL or any third party.
2.7 Children under 2 years of age at the Date of Departure
will not be allowed to embark on any cruise where the vessel
will undertake a major ocean crossing of 72 hours or longer.
Passengers are responsible for ensuring that any children
in their care during a cruise are fit and eligible to travel and
children on-board vessels remain entirely the responsibility of
their parent(s) or guardian(s).
2.8 If you are travelling with children under the age of 18
where you are not their parent(s) or guardian(s) then a signed
letter will be required from their parent(s) or guardian(s) to
confirm you are authorised to take them out of the UK (or
their home country) and authorised to act with full parental
authority in the case of an emergency.
2.9 Children less than 6 months old and women who will
be more than 24 weeks pregnant at the end of the Holiday
are not permitted to travel. It is recommended that medical
advice is sought prior to Booking for children aged between
6 – 12 months.
2.10 FOCL is a bonded tour operator with ABTA Limited (No.
W0637) meaning that when you buy a Holiday that does not
include a flight, protection is provided by way of a bond held by
ABTA Limited. 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.
2.11 In respect of a Holiday that includes a flight, FOCL holds
an Air Travel Organiser’s Licence issued by the Civil Aviation
Authority (the “CAA”) (ATOL No. 5016) and as such, FOCL is a
member of the ATOL Scheme. All the flights and flight-inclusive
Holidays sold by FOCL that are subject to these Conditions are
financially protected by the ATOL Scheme. When a Passenger
pays for a flight or flight-inclusive Holiday, they will be
provided with an ATOL certificate. If they are not provided with
one, they are entitled to ask for one and one shall be provided.
The Passenger should check the ATOL certificate to ensure
that everything they booked (flights, hotels and other services)
is listed on it. The ATOL certificate also lists what is financially
protected under the terms of the ATOL Scheme and where the
Passenger can get information on what this means and who to
contact if something goes wrong. Further information on the
ATOL certificate not contained in these terms and conditions
can be found at www.atol.org.uk/ATOLCertificate.
2.12 For the avoidance of doubt, any additional products that
are not FOCL products, whether supplied by an agent or Tour
Operator or purchased from a third party directly, are not
covered under FOCL’s ABTA bond or FOCL’s ATOL licence.
FOCL excludes liability to the Passenger in respect of such
additional products to the greatest extent permitted by law.
2.13 FOCL, or the suppliers identified on the Passenger’s
ATOL certificate, will provide the Passenger with the services
listed on the ATOL certificate (or suitable alternatives). In some
cases, where neither FOCL nor the supplier are able to do so
for reasons of insolvency, an alternative ATOL holder may
provide the Passenger with the services they have bought or
a suitable alternative (at no extra cost to the Passenger). The
Passenger agrees that in those circumstances the alternative
ATOL holder will perform those obligations and the Passenger
will pay any sums outstanding as part of their Booking to
the alternative ATOL holder. However, the Passenger also
agrees, that in some cases it will not be possible to appoint
an alternative ATOL holder, in which case the Passenger will
be entitled to make a claim under the ATOL Scheme (or their
credit card issuer where applicable).
2.14 If FOCL, or the suppliers identified in a Passenger’s
ATOL certificate, are unable to provide the services listed
(or a suitable alternative, through an alternative ATOL holder
or otherwise) for reasons of insolvency, the Trustees of the
Air Travel Trust may make a payment to (or confer a benefit
on) the Passenger under the ATOL Scheme. The Passenger
agrees that in return for such a payment or benefit, they assign
absolutely to those trustees any claims which the Passenger
has or may have arising out of or relating to the non-provision
of the services, including any claim against FOCL, any
travel agent or the Passenger’s credit card provider, where
applicable. The Passenger also agrees that any such claims
may be reassigned to another body, if that other body has paid
sums the Passenger has claimed under the ATOL Scheme.
2.15 FOCL has no liability whatsoever for flights booked by a
Passenger that do not expressly form part of a Booking.
2.16 In relation to Group Bookings, the person making the
Booking (the “Lead Passenger”) warrants that they are over
18 years of age and have authority to contract and accept
these Conditions on behalf of all those partaking in the
Holiday. Passengers that are subject to a Group Booking
(“Group Passengers”) may be required to pay FOCL separately,
however Group Passengers will have joint and several liability
for all sums due under the Group Booking.
3. Prices and Other Charges
3.1 Prices are based on operating costs and market conditions
at the date they are published and may be revised at the
discretion of FOCL at any time.
3.2 Once you have made a Booking, no increase or decrease
in the Price will be made except as follows:
3.2.1 If there is an increase or decrease in the cost of providing
any Holiday of more than 3% caused by an increase or
decrease in: transportation costs, including the cost of fuel;
duties, 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%. You
agree that where a surcharge is levied that is 10% or less of the
original Price, this will not amount to a significant alteration
to the terms of your Booking. 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 Holiday in which
case the provisions clause 5 (“Cancellation by You”) will apply.
3.2.2 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 booking.
3.2.3 If there is a decrease of more than 3% in the cost to FOCL
of providing any Holiday, then any saving to FOCL over 3% of
the original Price will be passed on to you.
3.3 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 (including visa
charges) and taxes may have to be paid locally by you.
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