or fewer before your Departure Date. If cancelled 91 days or
more before the Departure Date, a non-refundable deposit
will apply in accordance with clause 4.1. You will also be
responsible for paying on demand any unrecoverable sum
paid or payable to a third party supplier in connection with the
cancelled pre-cruise or post-cruise land tour.
6.8 Where you cancel a Fly-Cruise (or the flight element of
a Fly-Cruise), the airline’s cancellation terms will apply to the
cancellation and you will be liable for any costs that result,
in addition to any cancellation charges due to FOCL for
the cruise and other elements of the cancelled Holiday, in
accordance with this clause 6.
7. Alteration and Cancellation by FOCL
7.1 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.
7.2 Published Holiday details in FOCL brochures and any
Holiday details notified to you at the time of placing your
Booking may be subject to alteration after the Booking has
been concluded where this becomes necessary 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 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 vessel
or flights and port of embarkation and disembarkation),
schedule, cruise vessel or other arrangements that form
part of the Holiday. Alteration of the Holiday may (without
limitation) be made of necessity in the interests of promoting
the health, safety, comfort or enjoyment of Passengers or
the operational efficiency of the Holiday, for example (but
not limited to) the occurrence of a security risk or infectious
illness. Alterations of the nature described in this clause 7.2
will not amount to significant alterations of the Holiday. Your
statutory rights remain unaffected.
7.3 Where possible and appropriate FOCL will seek to ensure
that any changes are kept to a minimum and do not take place
within 14 days of the Departure Date unless due to a Force
7.4 Where before the Departure Date it becomes impossible
to provide your Holiday (even by making changes) due
to an Force Majeure Event, then FOCL will give notice of
cancellation of the Holiday as soon as practicable and you
will be offered (where possible) the choice of a replacement
Holiday of equivalent value or a refund of all monies paid
under the Booking.
7.5 FOCL has the right up to 90 days before the Departure
Date to cancel any Booking or any part of a Holiday because
the minimum number of Passengers needed has not
7.6 Where after the Departure Date it becomes impossible to
provide any part of a Holiday due to a Force Majeure Event,
FOCL or any other party acting as operator will make suitable
alternative arrangements to provide the Holiday 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.
7.7 It is a condition of the Booking that the Passenger will act
in good faith towards FOCL at all times. In the event that the
Passenger breaches this clause 7.7, FOCL shall have the right
to treat the Booking as cancelled by you, and to terminate the
7.8 Where delay occurs during the Holiday as a result of a
breach of these Conditions by FOCL or any other party acting
as operator on FOCL’s behalf, then alternative arrangements
will be made where required and where possible to ensure the
continuation of the Holiday.
7.9 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.
8. Conduct, Safety and Security
8.1 If it appears, in FOCL’s complete discretion, during or after
the booking process, embarkation or during your Holiday, that
you are, or may become, for any reason unfit to travel or that
you may endanger or prejudice the health or safety or comfort
of you or anyone else, for example, but not limited to:
8.1.1 aggressive or abusive behaviour;
8.1.2 reasons of personal hygiene; or
8.1.3 accident or medical incident prior to embarking the
Holiday, on the way to the port or in the terminal that needs
medical attention ashore;
8.1.4 failure to comply with on-board policies including
(without limitation) the Guest Conduct Policy (see clause
8.8 below & FOCL Website), Smoking Policy (see clause 17)
and Alcohol Policy (see clause 18), then a duly authorised
representative of FOCL or any other party involved in the
supply of services under your Booking may deal with you
as may be considered necessary by for example, refusing to
confirm your Booking, cancellation of an existing Booking,
ban on future travel, transferring you from one Cabin or seat
to another or restraining, confining or refusing to embark
you or requiring you to disembark 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 third party.
8.2 FOCL and any other party with responsibility for
Passengers’ safety during a Holiday will have the right to make,
enforce and change (without prior notice) rules and policies
for the conduct of Passengers relating to matters including,
but not limited to, dress, behaviour, alcohol and food.
8.3 No animals (expect registered Assistance Dogs (see clause
13 below)), dangerous articles, or controlled or prohibited
substances may be brought on the Holiday and/or vessel.
8.4 For safety and security reasons it may be necessary for
servants or agents of FOCL to search Passengers, their Cabins
or their luggage. You agree to allow this to take place when
authorised by the Captain or a security or other officer of the
vessel, and to follow any instructions or orders in this regard.
8.5 You are responsible for any loss or damage caused by
you or your personal possessions during the Holiday to any
property, person, third party or to FOCL, no matter how that
loss or damage is caused. FOCL reserves the right to demand
immediate reimbursement / compensation for any loss or
damage caused by you and/or to require a reasonable sum
to be placed on account while the value of any loss or
damage is determined.
8.6 You confirm your agreement to the use of CCTV
throughout all FOCL vessels and in public areas at ports and
terminals. This is for the safety and security of Passengers and
crew. CCTV images may be retained by FOCL for a reasonable
period of time and you acknowledge that CCTV images may
be used as evidence in any claims brought against FOCL by
you or against you by FOCL. CCTV will not be in operation in
areas such as toilets or private Cabins.
8.7 FOCL reserves the right to restrict the use of recording
and photographic equipment by Passengers, where, in FOCL’s
sole discretion, its use might be perceived as invasive or
inappropriate to FOCL, it’s Passengers, crew or any third party
or where such activity might amount to a breach of copyright
or other intellectual property rights of any person at any time.
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 rely on clause 8.1 above and require you
to disembark the vessel.
8.8 Passengers must read and comply with our Guest Conduct
Policy which is available on the FOCL Website and in all Cabins
on FOCL vessels and, together with these Conditions, forms
part of your Booking.
8.9 When in port, you are responsible for ensuring that you
embark the vessel in advance of the advertised sailing times.
FOCL will not delay the vessel’s departure should you fail to
embark the vessel at the correct time. In such circumstances
where you fail to embark the vessel prior sailing, you will not
be entitled to any refund, compensation, or contribution to
or reimbursement of travel costs or expenses, and you will be
liable to pay any fines, losses and/or immigration costs.
9.1 FOCL and any other party that may be involved in the
supply of services in connection with your Holiday (including,
without limitation Third Party Service Providers, FOCL’s agents
and employees and the owners and crew of any vessels
involved in performing the services) shall be entitled, to the
fullest extent possible, to benefit from the rights, defences,
immunities and exclusions and limitations of liability in these
Conditions and any conventions, regulations, rules, directives,
laws, statutes, statutory instruments and/or other relevant
forms of regulatory codification (whether international,
national, local or otherwise) that might apply from time to
time, including (without limitation) those relating to:
9.1.1 carriage by sea (e.g. the Athens Convention 1974 (as
amended) (“the Athens Convention”));
9.1.2 air (e.g. the Warsaw Convention 1929 (as amended by
The Hague Protocol 1955) and/or the Montreal Convention
9.1.3 inland waterways (e.g. the Strasbourg Convention (as
defined above)); and
9.1.4 hotel stays (e.g. the Paris Convention 1962).
Nothing in these Conditions shall be deemed as a waiver
9.2 FOCL’s liability for any act, omission or other occurrence
that falls outside the scope of the Conventions will be limited
to the greatest extent permitted by law, save that FOCL’s
liability for the loss of any money, jewellery, valuables or
medication shall not exceed £250 per Passenger per Holiday.
9.3 Save as provided otherwise in these Conditions, where
arrangements are made for the transportation of Passengers,
their luggage and personal property, accommodation and
other requirements arising from time to time that are ancillary
to the cruise element of the Holiday, any terms and conditions,
rules and regulations of airlines, owners or operators of any
other ship and/or other providers of services such as transfer
operators, hotels, etc. shall apply to the provision of the
service in question, along with these Conditions. Where there
is a conflict between these Conditions and any other terms
that might apply pursuant to this clause 9.3, these Conditions
9.4 River Cruise Bookings will be subject to the same limits
of liability for loss or damage to luggage as ocean cruises,
notwithstanding that the Athens Convention may not apply
on its own terms.
9.5 FOCL accepts no liability for loss or damage caused to you
where such loss or damage:
9.5.1 is attributable to your error or omission; or
9.5.2 is unforeseeable and unavoidable and attributable to any
third party provider of services whose services are not part of
the Holiday; or
9.5.3 is due to a Force Majeure Event or an event which
FOCL or another operator or supplier of services could not
reasonably be expected to foresee or forestall including
but not limited to unusual weather, sea or river conditions,
including unusually high or low water.
9.6 FOCL accepts no liability in respect of arrangements or
commitments made by you or on your behalf that are not part
of the Holiday, including, but not limited to arrangements that
you make directly, or via FOCL acting as agent only, with a
service provider other than FOCL.
9.7 FOCL shall not in any circumstances be liable to a
Passenger for any loss or anticipated loss of profits, loss of
revenue, loss of use, loss of contract or other opportunity nor
for any other consequential or indirect loss or damage.
9.8 Passengers are advised, wherever possible, not to pack
money, jewellery, other valuables or medication in their
luggage and must ensure that their personal possessions and
valuables are with them at all times (subject to any laws and
regulations that might prohibit this, e.g. restrictions on the
carriage of liquids in hand luggage on-board flights).
9.9 All carriage (by land, air, sea and inland waterway) is
subject to the conditions of carriage of the actual operator /
carrier. These may limit or exclude the operator’s liability. Save
as otherwise provided in these Conditions, the operator’s /
carriers’ conditions of carriage are expressly incorporated into
the Booking and are deemed to be expressly accepted by the
Passenger at the time of the Booking. FOCL shall be entitled
to benefit from any limits or exclusions of liability contained
within and under no circumstances shall FOCL’s liability
exceed that of the operator / carrier in question. Copies of
any applicable operator / carrier terms and conditions are
available on request from FOCL. Where there is a conflict
between these Conditions and any other terms that might
apply pursuant to this clause 9.9, these Conditions will prevail.
This clause 9.9 does not apply to River Cruises.
9.10 In the event that an unplanned stay of one night or more
becomes necessary as a result of a cancellation or delay,
FOCL shall use reasonable endeavours to provide adequate
accommodation either on-board or ashore, and transport
to and from the port terminal and place of accommodation.
FOCL reserves the right, at its discretion, to limit its expenditure
in these circumstances to EUR 125 per Passenger per night,
for a maximum of five nights (excluding transport costs).
Passengers may be required to pay any balance in the cost
10.1 FOCL will respond to issues raised by Passengers in
accordance with ABTA’s Code of Conduct.
10.2 Where an issue arises that could give rise to a complaint
against FOCL, you agree to follow the following dispute
resolution procedure. Please see clause 10.9 below for the
procedure that applies in relation to Third Party Service
Providers. FOCL will not consider any claim for compensation
from third parties (including lawyers) unless and until subclauses
10.2.1 to 10.2.3 below have been fully complied with:
10.2.1 You must discuss any issues which could give rise
to a complaint as soon as practicable with the vessel or
hotel management, airline staff or other supplier of the
10.2.2 If the matter is not rectified to your satisfaction, you
must address any complaint to FOCL in writing within 14
days of the conclusion of the Holiday. FOCL will provide a full
response within 28 days.
10.2.3 If the parties cannot reach an agreement by engaging
in the steps set out above, the Passenger and FOCL agree to
refer the dispute to the ABTA Conciliation Scheme.
10.2.4 If the parties fail to reach an agreement having
exhausted the steps set out above then they may refer
the dispute to arbitration, subject to the rules of the ABTA
Arbitration Scheme, or issue proceedings at Court.
10.3 In the case of any claim for loss, damage or delay to
luggage please note that:
10.3.1 it is assumed that luggage has been delivered
undamaged to you unless notice is given immediately to
10.3.2 you must immediately claim against the carrier or
carriers directly responsible for performing the carriage where
the loss or damage happened, when the loss or damage
becomes apparent, and in any event within 15 days from
the date of redelivery, or when redelivery should have taken
10.3.3 if you wish to make a claim against FOCL, you must
follow the dispute resolution procedure at clause 10.2 above.
10.4 You may be required to assign your rights against any
carrier or other third party to FOCL as a condition of any
settlement entered into between FOCL and you.
10.5 Any settlement paid by FOCL will be reduced:
10.5.1 to take into account any contributory negligence of the
10.5.2 by the maximum deductible payable under any
10.6 Unless a longer period is provided for by force of law, any
claim shall be time barred if proceedings are not issued within
2 years of the end of the Holiday (i.e. the date that the vessel
berths for disembarkation or for any Fly Cruise, the date that
the return flight lands at the arrival airport).
10.7 No claims or complaints will be considered by FOCL
unless all on-board debts have first been settled in full, in
accordance with clause 3.5 above.
10.8 In circumstances where, in FOCL’s sole discretion,
the commercial relationship between FOCL and you has
irrevocably broken down for any reason, FOCL will be entitled
(but not obliged) to exercise its right to cancel any future
bookings in accordance with clause 7 above and to refuse to
take any Bookings from you in future.
10.9 Third Party Services do not form part of your Booking
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