3.4 All on-board accounts will be in Pounds Sterling.
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.
An on-board account will not be granted without a card first
3.5 All accounts for services, goods, duties, taxes and other
costs provided on-board the vessel and any other amounts
due which are not included in the Price of the Holiday,
including amounts for Third Party Services and medical
services, must be settled before you leave the vessel, without
any set-off or counterclaim.
3.6 Liability for joint on-board accounts shall be joint and
several between Passengers named on the joint account
and other Passengers in any Group Booking (provided such
Passengers are aged 18 or over).
3.7 The administration of (including any disputes relating to)
on-board accounts for River Cruises is the sole responsibility
of the owner of the River Cruise vessel. FOCL will have no
liability whatsoever in relation to disputes arising from onboard
accounts on River Cruises, which must be addressed
directly to the vessel owner. Further details can be provided on
request from the FOCL representative on-board.
3.8 In the event that a Passenger fails to settle their onboard
account on or before completion of the Holiday an
administration charge of £75 will apply. FOCL also 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 or
any other Passenger that is part of the same Group Booking;
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 in question.
4. Deposit and Final Payment
4.1 Subject to any other terms in these Conditions, the
following minimum non-refundable deposits will apply and
must be paid to FOCL on the dates indicated below. Other
payments may also be due at the time of booking. See clause
6.1 below for additional cancellation charges that apply within
90 days of Departure Date.
Fare type On booking 180 days before
Standard Cruise 15% -
Long Cruise 15% 15% (total 30%)
Anchor Fare and
other Special Offers
The non-refundable deposits reflect a conservative preestimate
of the losses and costs incurred by FOCL of
remarketing a Holiday following cancellation.
4.2 FOCL must be in receipt of cleared funds for the balance of
the Price due no later than 90 days before the Departure Date,
for all Holidays (or such earlier date or time as specified at
the time of booking). For any Holidays booked after this date,
the full Price is due and must be paid at the time of booking.
Alternative payment terms may apply to Special Offers. If, for
any reason, any payment due after booking is not received by
FOCL by the date it falls due, FOCL has the right to treat this
as a cancellation of the Booking by you and to retain any nonrefundable
deposit in accordance with the terms of clause 4.1
above and clause 6 below.
4.3 Money paid to a travel agent for a Holiday is held by the
agent on trust for FOCL, whether or not that travel agent is
acting as your agent or as agent for FOCL. Payment of any
money to a travel agent or other third party, even if an agent of
FOCL, does not constitute acceptance of a Booking by FOCL.
4.4 Prior to acceptance of the Booking and all payments then
due, FOCL has no obligation to the Passenger and may return
or authorise the return of any payments made with no penalty
and without providing a reason.
4.5 FOCL cannot accept American Express cards, Electron
cards, Thomas Cook Travellers’ Cheques or pre-funded cards
for any transaction.
4.6 The full Price is payable at the time of the Booking for all
Special Offers, unless other terms expressly apply.
4.7 For Fly-Cruises, 100% of the cost of the flight element of
the Holiday will be payable at the time the Booking is made.
Where the cost of the flight is subject to an increase from the
price at the time of booking (for example where a Passenger
elects to fly from an airport other than the airport advertised
with the Fly-Cruise) such increase in price will be payable by
the Passenger immediately on demand.
5. Insurance, Booking Considerations and Alterations
5.1 It is a condition of the Booking that travel insurance is
purchased before travelling on any Holiday:
5.1.1 Passengers must obtain travel insurance as soon as
possible following booking in order to cover cancellations
and other possible losses that might arise after booking. This
should cover all appropriate travel, cancellation, medical,
emergency airlift/boat transfer at sea and repatriation
liabilities for the Holiday.
5.1.2 FOCL reserves the right to cancel the Booking 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 clause 5.1.1 is not complied with in
full by all Passengers under the Booking.
5.1.3 Failure to give full, frank and honest disclosure to any
insurer’s enquiries will amount to a breach of this clause 5.
5.1.4 Final Holiday documents cannot be released until FOCL
has received notification of your insurance policy details.
5.1.5 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, fines and legal and other
reasonable professional costs and expenses) suffered or
incurred by FOCL arising as a result of:
220.127.116.11 any breach of the condition set out in clause 5.1.1
18.104.22.168 your insurance being deemed either invalid,
inadequate and/or voided; or
22.214.171.124 any other breach of this clause 5; or
126.96.36.199 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 5.1.1 above which is
attributable to the acts or omissions of you.
5.2 You are responsible for ensuring compliance with all
documentary and health requirements for the entire Holiday,
including ensuring that you have:
5.2.1 A full valid passport, which 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).
5.2.2 Any necessary visas for your Holiday.
5.2.3 Any necessary inoculations and appropriate evidence to
prove requirements have been complied with.
5.3 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.
5.4 Any loss suffered as a result of the Passenger’s failure
to comply with clause 5.2 will be at the Passenger’s cost
(including any additional travel or accommodation expenses
or fines). Any cost to FOCL must be reimbursed immediately
on demand by the Passenger. FOCL will have no liability to
the Passenger whatsoever in the event the Passenger cannot
partake of any element of the Holiday as a result of noncompliance
with clause 5.2.
5.5 FOCL follows guidance from the Foreign and
Commonwealth Office when considering the destinations
that it offers as part of its cruise packages. However, in the
current global political climate, there are many locations
which are ostensibly safe but where the risk of terrorism and
civil unrest cannot be completely ruled out (including most
major cities around the world). Passengers must consider for
themselves the safety of their holiday destinations before they
book. It is recommended that all passengers review foreign
travel advice which can be found on the FCO website: www.
Where the situation changes after the time of booking,
the Passenger is at liberty to raise this with FOCL, whose
liability for loss, including death and personal injury arising as
a result of terrorism and civil unrest is excluded to the greatest
degree permissible by law.
5.6 In the event that a Passenger’s name is misspelt upon
booking, this may be corrected free of charge until the tickets
allowing embarkation of the vessel have been issued by FOCL.
Thereafter, a charge of £100 will apply per Booking to cover
the administrative cost of amending the Booking. Please note
the separate provision applying to flight ticket changes at
clause 5.8 below.
5.7 In the event that a Passenger is prevented from proceeding
with a Holiday, that Passenger shall be entitled to change the
name of the Passenger travelling on the Holiday to the name
of a replacement Passenger (“Replacement Passenger”),
subject to providing FOCL with reasonable notice (in no
circumstances less than 35 days) of such name change. FOCL
will have no obligation to agree to a name change unless the
Replacement Passenger meets and agrees to comply with
all terms and conditions to which the original Passenger was
subject as part of their Booking. Name changes will be subject
to a minimum administration fee of £100 per change, and
the Passenger and Replacement Passenger will be jointly and
severally liable for this fee and any additional costs incurred by
FOCL as the result of the name change, pursuant to clause 5.8
below or otherwise.
5.8 In certain circumstances, the changing of a Passenger’s
name in a Booking (including misspelling of a name) may give
rise to costs and/or operational difficulties above and beyond
the administrative cost to FOCL of amending the relevant
Booking. For example, in relation to Fly-Cruises, FOCL will
have no control over costs or cancellation policies applied
by the airline engaged for providing the flight element of the
Holiday. Where additional or non-refundable costs arise in
such circumstances, these must be paid by the Passenger or
Replacement Passenger on demand and embarkation will not
be allowed until such costs have been paid in full.
5.9 FOCL shall have no liability in circumstances where a
name change or other attempt to amend the details of a
Booking results in the cancellation of an element of the
Holiday by a third party provider. In the event that the actions
of a third party provider mean that neither the Passenger
nor any Replacement Passenger can partake of the relevant
Holiday, the cancellation provisions at clause 6 shall apply.
For the avoidance of doubt, under no circumstances may a
Passenger resell a Holiday for a sum greater than the full price
paid for the Holiday by the Passenger.
5.10 A request to transfer from one Holiday to another may, in
FOCL’s sole discretion, be accepted by FOCL on one occasion
per Booking, provided it is made more than 90 days before
the Departure Date, or 180 days before the Departure Date
for a Long Cruise. Where FOCL consents to such a transfer,
the terms and conditions that are relevant at the time of the
transfer shall apply. These may be different from the terms that
applied at the time of the original Booking. Any Special Offers
or discounts that applied to the original Holiday will not apply
to the alternative Holiday.
5.11 Where a transfer to an alternative Holiday is accepted
by FOCL, any payments received in respect of the original
Holiday shall be held as the initial deposit payable upon
booking for the alternative Holiday, even where they exceed
the figure that would otherwise be payable as a deposit for the
alternative Holiday under these Conditions. Where the sum
payable for the alternative Holiday would be higher at the time
the alteration is made, the Passenger must pay the balance
due to FOCL immediately upon demand.
5.12 Where the alternative Holiday is cancelled by you, FOCL
will be entitled to retain as a non-refundable deposit the
5.12.1 any non-refundable deposit paid for the Holiday;
5.12.2 any non-refundable deposit paid for the alternative
5.12.3 any non-refundable deposit payable in accordance
with clause 6.1 below.
5.13 Where a request is made to alter a Booking to an
alternative Holiday within 90 days of the Departure Date,
or 180 days for a Long Cruise, or a request is made to alter
a Booking more than once, or where FOCL has refused a
request to transfer from one Holiday to another, this will be
treated as a cancellation and FOCL will be entitled to retain a
non-refundable deposit in accordance with clause 6 below.
5.14 If an alteration would result in a reduction of the Price of
the Holiday of more than 25% then this will also be treated as
a cancellation by you and the provisions of clause 6 will apply.
5.15 Where a Passenger has made a Booking directly with
FOCL, such Booking may not be transferred to a travel agent
unless the following criteria all apply:
5.15.1 The Booking was made on-board an FOCL vessel;
5.15.2 The Booking is transferred on-board an FOCL
5.15.3 The travel agent to whom the Booking is transferred is
approved by FOCL at the time of the transfer.
6. Cancellation by You
6.1 You may cancel your Holiday by providing notice to FOCL
in writing. Subject to clause 6.3 below:
6.1.1 Where you do so 91 days or more before the Departure
Date, FOCL will be entitled to retain the non-refundable
deposit in accordance with clause 4 above.
6.1.2 Where you cancel 90 days or fewer before the Departure
Date, then FOCL will be entitled to retain a portion of the Price
in accordance with the following scale.
These percentages reflect a conservative pre-estimate of
losses and costs likely to be incurred by FOCL as a result of the
cancellation and cost to FOCL of remarketing the Holiday. The
figures expressed below include any non-refundable deposit
paid in accordance with clause 4.1:
Number of days
Percentage of Price FOCL will be entitled
to retain if the cruise is cancelled by you
90-57 days 60%*
56-42 days 75%*
41-16 days 85%*
15 to 0 days 100%
*100% of the Price will be retained in the event of the
cancellation of an Anchor Fare Booking and Bookings made
subject to certain other Special Offers.
6.2 The effective date of cancellation is the date of receipt by
FOCL of written notice that the Passenger wishes 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.
6.3 Where you cancel a Booking, FOCL will make reasonable
endeavours to resell the Holiday. 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 as having
successfully resold a Holiday until all tickets of a comparable
level and characteristics to the resold Holiday (e.g. in terms of
price, level of cabin and other additional elements included in
the Booking) have sold out for that particular Holiday at the
Date of Departure. Where a Holiday 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 reasonable deductions such as to account
for the cost of remarketing and rebooking the Holiday and less
any shortfall between the Price paid by you and the price at
which the cruise is resold.
6.4 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.
6.5 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, FOCL may resell any unused services or
accommodation without offering any refund to you.
6.6 Where FOCL offers certain Special Offers, it reduces its
margin on that Holiday and loses the opportunity to sell the
Holiday at full price. Therefore, special terms and conditions
apply to Special Offers in order to make them commercially
viable for FOCL. Unless otherwise indicated, and subject to
clause 6.3 above, no refund will be available in the event of the
cancellation by you of any Special Offer.
6.7 No refund will be available for pre-cruise and postcruise
land tours where these are cancelled by you 90 days
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