with FOCL and FOCL is not responsible for any act or omission
of Third Party Service Providers. However, as part of its
commitment to customer service, FOCL will, at its discretion,
take reasonable steps to assist Passengers with issues arising
with Third Party Service Providers, subject to the following
procedure being followed:
10.9.1 Where possible, you must discuss with the Third
Party Service Provider any issues which could give rise to a
complaint, as soon as practicable and before escalating your
complaint through other channels.
10.9.2 If the issue is not resolved immediately, it should be
notified to an FOCL representative on-board the vessel, hotel
management or the FOCL Tour Manager.
10.9.3 If the matter cannot be swiftly resolved by following
the steps above, the Passenger must address its complaint
to FOCL in writing as soon as possible after the cause of the
complaint has arisen.
10.9.4 FOCL will take reasonable steps to assist the Passenger
to resolve their complaint, either by liaising with the Third
Party Service Provider on the Passenger’s behalf, or by putting
the Passenger in touch with the Third Party Service Provider.
10.9.5 If these steps do not lead to a resolution, then it is the
Passenger’s responsibility to pursue the matter further against
the Third Party Service Provider.
10.9.6 For the avoidance of doubt, nothing in this clause 10.9
shall be taken as an admission or acceptance of liability by
FOCL for the circumstances giving rise to a complaint against
a Third Party Service Provider.
11. Medical Assistance
11.1 All Passengers must ensure that they have travel
insurance that provides adequate cover taking into account
their personal circumstances; that all known medical
conditions have been declared to their insurers; and that,
where necessary, special provision has been made for any
medical condition they have to ensure that they are not left
in a position where significant uninsured medical expenses
might be incurred.
11.2 Each vessel (River Cruise vessels excluded - see clause
21) has on-board a qualified doctor and a medical centre
equipped for first aid and minor conditions only. You hereby
acknowledge and accept that the medical centre is not
equipped like a land based hospital. The medical staff do not
have expertise in any specialist fields of medicine, including
paediatrics. Neither FOCL, the on-board medical staff nor
the carrier shall have any liability for losses suffered (including
through illness, injury and/or death) as a result of a medical
condition, the treatment of which requires expertise beyond
that held by the on-board medical staff or equipment or drugs
beyond what is carried on board. Passengers acknowledge
that if the risk of them requiring specialist or emergency
treatment is elevated to any material extent (however slight)
by comparison to a person without the condition in question,
then they must not embark on the vessel, as to do so would put
them and/or other Passengers at risk. FOCL accepts no liability
for Passengers that breach this clause 11.2, and any Passenger
embarking on a cruise with such a medical condition does so
entirely at their own risk.
11.3 FOCL may afford Passengers assistance if they suffer
illness, personal injury or death during their Holiday. Such
assistance may take the form of advice, guidance or initial
financial aid where appropriate and is subject to FOCL’s
complete discretion. Where a Passenger lacks the capacity to
decide on any assistance to be provided or where, in FOCL’s
sole discretion, the provision of assistance is necessary
to ensure the safety of the either the Passenger, other
Passengers or any other person, the Passenger gives FOCL
irrevocable authority to organise any necessary assistance on
their behalf. All expenses (including without limitation those
associated with medical treatment, repatriation expenses,
travel expenses and the cost of local assistance e.g. from a
port agent) incurred in providing assistance to Passengers
under this clause 11.3 shall be for the Passenger’s account
and the Passenger hereby indemnifies FOCL in full for such
expenses and undertakes to repay them on demand (whether
or not the Passenger has insurance cover for some or all of
the expenses). The Passenger gives FOCL authority to contact
any third party including their general practitioner or other
medical practitioner and/or insurers to obtain any necessary
information or documentation.
11.4 It is a Passenger’s obligation and responsibility to seek
medical assistance if necessary during the Holiday and the
Passenger will be solely responsible for paying for any onboard
medical services including but not limited to any
medical treatments provided and repatriation services, which
will be charged on the same basis as private medical health
care. Medical services provided on-board are outside the
ambit of the UK National Health Service.
11.5 In the event of illness or accident, Passengers may have
to be landed ashore for medical treatment and FOCL reserves
the right to charge Passengers a medical assistance fee, in
return for services provided. Should a Passenger decline to pay
the medical assistance fee, then they will be liable for making
all of their own arrangements associated with their medical
disembarkation, for example but not limited to, transport,
hotel arrangements, contact with their insurance company
and setting up their initial case, etc. with no assistance from
FOCL or their port agent.
11.6 Medical facilities and standards vary from port to port.
FOCL makes no representation and accepts no responsibility
for the quality of any medical facilities or treatments at any
port of call or at the place at which the Passenger is landed.
Passengers acknowledge that it is not possible for FOCL’s
employees, servants or agents to remain ashore when a
cruise is scheduled to depart from a port of call, nor is it
possible for any departure to be delayed. Where possible,
FOCL’s head office will provide Passengers with reasonable
discretionary support and assistance after leaving the vessel.
However, FOCL has no contractual responsibility for this
and FOCL recommends you liaise directly with your insurers
11.7 The fitness of any Passenger to travel or continue their
Holiday shall be a matter for FOCL and the on-board doctor to
determine at their sole discretion. The vessel’s doctor has the
authority to require a Passenger to remain in their Cabin or to
issue other orders that are reasonable and proportionate to
protect the health, safety and comfort of the Passenger and
others on-board the vessel.
11.8 In the event that a Passenger fails to remain in their Cabin
or to comply with any other instruction given by the vessel’s
doctor pursuant to clause 11.7 above, FOCL shall be entitled
to require that Passenger to disembark the vessel at any port
of call, and shall have no liability whatsoever to that Passenger
for costs incurred as a result (including, without limitation, by
way of any refund of the Price paid by the Passenger for the
Holiday, accommodation costs or further travel costs). FOCL
also reserves the right to cancel and/or refuse to accept any
future Bookings from the Passenger in question.
11.9 FOCL and/or any relevant Third Party Service Providers
and/or the health authorities at any departure point shall
be entitled to administer a public health questionnaire. The
Passenger shall supply accurate information, including
in relation to any symptoms of any illness experienced,
including but not limited to gastrointestinal illness and other
similar conditions. Any refusal by a Passenger to complete a
questionnaire will result in denied boarding.
11.10 Some foods served on board FOCL’s vessels and at other
times during your holiday may cause allergic reactions and/
or illness in those with certain allergies or intolerances. FOCL
can provide details of ingredients of food available on-board
on request but it is your responsibility to bring any allergies
and intolerances to FOCL’s attention, before you embark on
the vessel and before you eat or drink anything during your
Holiday. FOCL excludes liability for any loss suffered (including
by way of illness, injury or death) as a result of a food allergy or
intolerance experienced by you or any other Passenger during
the Holiday, to the greatest extent permitted by law.
11.11 In the event that a Passenger fails to settle any medical
assistance or repatriation costs, FOCL reserves the right
without prejudice to any other remedies FOCL may have
under these Conditions or otherwise, to cancel any future
Bookings the Passenger may have made with FOCL and to
offset any sums owed to FOCL by the Passenger against any
sums due from FOCL to the Passenger.
11.12 FOCL is unable to provide any specialist paediatric care
on-board its vessels.
11.13 Note the different provisions for River Cruises at clause 21.
12. Mobility and Assistance
12.1 Passengers acknowledge that carriage and boarding
and disembarking a vessel can be difficult and/or unsafe
for anyone with mobility issues and other forms of physical
impairment, and those with certain medical conditions, due to
the inherent characteristics of vessels, physical requirements
of tendering (transfers from ship to shore on-board smaller
vessels) and port facilities. The use of a stepped gangway and/
or negotiating steep flights of steps and/or unsteady/uneven
surfaces may be unavoidable:
12.1.1 Under no circumstances will FOCL’s employees
or servants agree to carry or lift Passengers to facilitate
embarkation or disembarkation (including for access to
flights, shuttle and tour buses and any other service ancillary
to the cruise) or at any time while the Passenger is on board
(including for access to or out of on-board bathing or
12.1.2 FOCL cannot guarantee the availability of a level
overhead walkway at any port on any vessel’s itinerary.
12.1.3 In accordance with EU Regulation EU1177/2010, FOCL
reserves the right to refuse carriage and/or embarkation
and/or disembarkation if, in FOCL’s reasonable opinion, the
design of the vessel and/or the port infrastructure and/or the
nature of a holiday at sea and/or any equipment required by
the Passenger would make carriage unsafe or operationally
unfeasible or if embarkation or disembarkation of the
Passenger would risk a breach of national or international
maritime safety standards.
12.1.4 It is Passengers’ responsibility to keep FOCL informed
of any issue that poses a difficulty in relation to their mobility
and/or physical capability on-board, whether this arises
before or after the time of booking or during the Holiday.
12.1.5 Where vessel to shore tender services are suitable for
wheelchair users, only collapsible, lightweight wheelchairs
will be permitted.
12.1.6 If a requirement for extra assistance or any other special
requirements arise after the Booking has been made then
details must be given to FOCL as soon as possible, and in any
event, no later than 48hrs prior to departure of the cruise.
12.1.7 Any Passenger refused passage for a reason related
to their mobility or physical capability may request written
confirmation with reasons from FOCL within 5 working days
and may be entitled to an alternative cruise of similar value or
reimbursement of the Price.
12.2 FOCL shall make reasonable endeavours to provide
any extra assistance where requested, however if such
assistance cannot be provided either at all or at a reasonable
or proportionate cost, then FOCL reserves the right to deny
embarkation and/or to pass such cost onto the Passenger
and to treat this as a “cancellation by you” in accordance
with clause 6.
12.3 Passengers must read FOCL’s General Mobility Policy
which forms part of their Booking (note this does not apply
to River Cruises) and is available on request and on the FOCL
Website. If you have been asked to complete a General
Mobility Questionnaire, you must return this at least 90 days
before the Departure Date, or if booking within 90 days of the
Departure Date, within 7 days of booking. Failure to do so may
result in a delay to the release of your tickets and/or to you
being denied boarding. These circumstances will be treated as
a “cancellation by you” in accordance with clause 6.
12.4 FOCL’s employees, servants and Third Party Service
Providers are not trained to provide social or regular “nonemergency”
nursing care or supervision to Passengers.
FOCL does not agree to provide such care under the terms
of your Booking. If you are travelling as a sole traveller who
requires specific/extra assistance, FOCL reserves the right to
require a person to accompany you who is able to provide
such assistance and/or care. FOCL reserves the right to
refuse embarkation or require Passengers to disembark the
vessel if their presence on-board the vessel poses a risk to the
health, safety or comfort of themselves or other Passengers,
including in circumstances where such risk arises from the
unavailability of extra assistance on-board. If FOCL refuses
embarkation or requires the Passenger to disembark the
vessel, then this will be treated as a “cancellation by you” in
accordance with clause 6.
12.5 Any Passengers wishing to embark on a cruise with a
mobility scooter, wheelchair or other similar mobility aid
(together “Mobility Aids”), must advise FOCL of this upon
booking. Space for Mobility Aids on-board is limited by the
vessel’s safety plan which has been prepared in accordance
with IMO/SOLAS Regulations (“the Safety Plan”). Failure to give
advance notice of the need to bring a Mobility Aid on-board
in accordance with this clause 12.5 will result in the Passenger
being refused embarkation, and this will be treated as a
“cancellation by you” in accordance with clause 6.
12.6 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 vessel’s Safety Plan (or any
regulations that might apply) relating to the use of Mobility
Aids have not been reached for that particular cruise. If such
limits have been reached, FOCL or any other operator shall be
entitled to require the Passenger to disembark the vessel at the
next port of call, and shall have no liability whatsoever to the
Passenger for any costs incurred as a result, including without
limitation accommodation costs and further travel costs.
12.7 Any Passenger using a Mobility Aid on-board a vessel is
responsible for operating it in a safe and appropriate manner.
Due care and attention must 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 or crew) 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. All Mobility Aids must be stored in the Passenger’s
cabin when not in use.
12.8 Passengers with any impairment to their hearing or sight
must provide FOCL with full details at the time of booking so
that appropriate arrangements can be made for their holiday,
and keep FOCL advised if anything changes prior to departure.
At the time of embarkation and throughout their holiday,
visually or hearing impaired Passengers must either:
12.8.1 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
12.8.2 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 or Passengers’ presence on-board the vessel
will pose a risk to the Safety Plan, FOCL will be entitled to
refuse embarkation or require the visually or hearing impaired
Passenger to disembark the vessel, at no cost to FOCL.
12.9 Note the additional provisions for River Cruises at
13. Assistance Dogs
13.1 Subject to the remainder of this clause 13, FOCL is able
to accommodate recognised assistance dogs (“Assistance
Dogs”) on-board its vessels, where this is permitted by law
and does not put at risk the health or safety of Passengers,
crew or the Assistance Dog in question. Not all Holidays will
be suitable for Assistance Dogs and FOCL reserves the right to
refuse embarkation of Passengers and their Assistance Dogs,
where this is the case. FOCL will provide a full explanation of
the reasons for any refusal to embark in these circumstances.
13.2 You must give notice to FOCL at the time of Booking
if you wish to bring an Assistance Dog on-board a vessel
and you are fully responsible for your Assistance Dog during
13.3 Carriage of Assistance Dogs on-board is subject to
compliance with animal health rules and guidelines applicable
to the voyage, including in relation to, without limitation:
13.3.1 DEFRA requirements (which can take several weeks
13.3.2 Vaccinations and pet passports; and
13.3.3 Availability of veterinary services.
13.4 FOCL may require evidence that the Assistance Dog has
been appropriately trained.
14. Enjoyment Promise
14.1 The Enjoyment Promise excludes pre-cruise stays and
Holidays of 4 nights or fewer. The Enjoyment Promise only
applies to Bookings made where the Date of Departure is more
than 12 weeks after the date of the Booking. 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
270 Visit fredolsencruises.com, contact your travel agent or call 0800 0355 141