following the vessel’s departure from the original port of
embarkation at the latest (24 hours for River Cruises). FOCL
will arrange and pay for a flight and/or transport back to the
UK. FOCL will refund the cruise cost only and will not refund
15.1 Prices for Fly-Cruises quoted in any FOCL brochure are
inclusive of specially negotiated airfares which are subject
to availability. If no aircraft seats are available at the airline’s
prices in conjunction with a particular Holiday at the time
of Booking then the Fly-Cruise option may be withdrawn
or an alternative flight may be offered at an additional cost.
Flight upgrades/premium seats for Fly-Cruises are limited in
number. They will be allocated at the time of Booking, subject
to availability. 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. Note the
provisions that apply to deposits for and cancellation of flights
and Fly-Cruises at clauses 4 and 6 above.
15.2 All published itineraries are based on current airline
schedules or our advised dedicated flying programme 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 in conjunction with your Holiday,
the exact route to be taken and the type of aircraft operated
cannot always be given at the time of Booking.
15.3 You will receive confirmation of flight timings and
routes with your travel documents, which will be sent out
approximately 7 days before the Departure Date.
15.4 If the Booking does not include flights, it is your
responsibility to book a suitable flight for and in time for travel
to the vessel (including local transfers which the Passenger
must arrange). FOCL shall not be responsible for any liabilities
or losses arising in respect of flights or transfers arranged by
15.5 It is the sole responsibility of the Passenger to ensure that
they check in on time for the Holiday and any flights to / from
the vessel including any interconnecting flights. Flight delays
and cancellations are at the Passenger’s sole risk.
15.6 Passengers travelling independently, or via another
Organiser, or who have chosen not to use FOCL flights, or
to embark/disembark at different ports to the scheduled
itinerary, will be required to vacate their Cabin and disembark
the Vessel between 0900 to 0930 hours on the morning of
disembarkation or earlier if FOCL or the local authorities deem
16. Luggage Allowance
16.1 If you are sailing from a UK Port the total luggage
allowance is 90kg per Passenger. No one piece should weigh
more than 20kgs.
16.2 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
16.3 Passengers’ luggage allowance for River Cruises is one
piece of luggage, weighing no more than 20kg.
17. Smoking Policy
17.1 Smoking (including electronic cigarettes emitting any
vapour, even if only a water vapour) is only permitted in certain
dedicated external areas throughout the vessel. Smoking
anywhere else is strictly prohibited. Throwing cigarette ends
over the side of the vessel is strictly prohibited.
17.2 Any breach of this clause 17 may result in the Passenger
being required to disembark the Vessel at the next port of call,
without any liability or cost to FOCL.
18. Alcohol Policy
18.1 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 disembarkation.
18.2 The Passenger agrees at all times to drink safely and
responsibly for the duration of their Holiday and whilst
on-board the vessel including during embarkation and
18.3 FOCL, Passengers and any other relevant party
responsible for providing services as part of a Holiday must
comply at all times (including when on-board a vessel
outside British waters) with all applicable 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 a vessel. FOCL may, at its
sole discretion, refuse to serve, sell or supply a Passenger with
alcohol at any time and for any reason.
18.4 FOCL and any other operator responsible for providing
services as part of a Holiday reserve the right, in their sole
discretion, to confine Passengers to their Cabin; breathalyse
Passengers; take blood samples from Passengers; treat
Passengers medically; disable Passengers’ Cabin accounts;
require Passengers to leave the vessel at the next port of call
(at Passengers’ sole liability and cost); exclude Passengers
from future cruises; and/or cancel any Bookings already
made by or on behalf of any Passenger, if deemed necessary,
as a result of a Passenger’s alcohol consumption and/or any
associated behaviour. Where a Passenger is asked to leave the
vessel at the next port of call, the Passenger will not, in any
circumstances, be entitled to any refund for their Holiday or
other compensation whatsoever.
18.5 FOCL and any other operator responsible for providing
services as part of a Holiday reserve the right to charge the
Passenger for all costs (including but not limited to any
medical costs) and/or damage caused to property resulting
from the Passenger’s consumption of alcohol. Such costs
and expenses will be payable by the Passenger on demand.
19. Add-ons and Special Offers
19.1 From time to time, FOCL may offer add-ons to the basic
Holiday booked under these Passenger Terms and Conditions.
Add-ons might include excursions, land programs, tips and
gratuities, spa products and shuttle bus tickets. Unless stated
otherwise, add-ons will be subject to these Conditions,
however additional and/or alternative terms and conditions
might apply to certain add-ons and will be accessible on the
FOCL Website. Add-ons may be subject to an extra charge.
19.2 FOCL may, from time to time, run Special Offers. These
Conditions shall apply to such Special Offers unless the terms
of the Special Offer in question state otherwise. In the event
of a conflict between the terms of the Special Offer and these
Conditions, the terms of the Special Offer shall prevail.
19.3 The “All-Inclusive Drinks Upgrade for FOCL Cruise
Holidays”, shall include, where possible, selected house beers,
house cider in cans, house wines, house spirits, draught
(post-mix on pump) soft drinks and mineral or spring water
by the glass. Excluded from the all-inclusive drinks upgrade
are champagne, sparkling wine, cocktails and bottled water.
Passengers who purchase the all-inclusive drinks upgrade
package can also save 50% off premium and branded drinks,
other red, rose and white wines (excluding Champagne or
sparkling wine), cocktails and bottled water. House spirits
will be served in single measures and one drink to be ordered
per person, per transaction. For the avoidance of doubt, any
Passenger entitled to the “All-Inclusive Drinks Upgrade” must
order each drink for themselves. The quantity of drinks that
FOCL can carry on board any vessel is limited by the size of
the vessel and it is possible that certain drinks included within
the All-Inclusive Drinks Upgrade may be unavailable from time
to time, in which case the Passenger shall not be entitled to
19.4 The “Dining Drinks Package” available with lunch and
evening meals on FOCL’s River Cruises only, includes a choice
of red and white quality house wines by the glass, European
lager and bitter (300ml servings) and selected branded bottled
19.5 Passengers may bring bicycles with them on board
any cruise vessel, subject strictly to the terms of the Fred.
Olsen Cruise Lines Ltd. Cycle Policy, a copy of which
can be found on the FOCL Website. Passengers should note
19.5.1 All bicycles are brought on board entirely at the
Passenger’s risk and FOCL excludes all liability for loss,
damage and/or injury sustained or suffered by any property or
third party (including other Passengers and crew), of whatever
nature, to the greatest extent permitted by law.
19.5.2 Passengers will be liable for any loss, damage and/or
injury caused by any bicycle that they have brought on board
a vessel, at any time throughout the Holiday (including during
any shore excursion), including, without limitation, damage
caused to the vessel, its fixtures and fittings.
19.5.3 All bicycles brought on board must be of a fold-up or
collapsible design, in a bicycle bag and must be brought to the
attention of FOCL at check-in.
19.5.4 Passengers must carry their bicycle onto and off the
vessel themselves and store it in their cabins. FOCL is unable
to offer any additional assistance in either regard. All bicycles
being carried on and off the vessel must be in a bicycle bag.
19.5.5 FOCL reserves the right to refuse to allow a bicycle
on board a vessel, without explanation, and to restrict the
dis/embarkation or use of bicycles at certain ports and
destinations for health and safety reasons.
19.5.6 See www.fredolsencruises.com/bicycles-on-
board-terms-and-conditions, Cycle Policy for other terms
20. Employees, Servants, Subcontractors and Third
Party Service Providers
20.1 The liability of FOCL’s employees, servants, agents, subcontractors
and Third Party Service Providers and the owner
and crew of any vessel that arises in connection with the
provision of any Holiday is set out to its complete extent within
20.2 FOCL exercises reasonable skill and care in the
selection of Third Party Service Providers, however, it has
no direct control over the Third Party Service Providers in
the performance of their services. FOCL’s liability for loss,
damage and injury incurred by the Passenger as a result of the
act or omission, whether negligent or otherwise, of any Third
Party Service Provider, is excluded to the maximum extent
permitted by law.
20.3 In assessing performance and/or liability of any Third
Party Service Provider, local laws and regulations will apply.
Please also refer to the Shore Tour terms and conditions which
can be viewed on the FOCL Website and appear in the Shore
20.4 Where Third Party Services (including, without limitation,
the provision of bicycles by the operator of a River Cruise) are
available during a Holiday, they are not part of the Booking,
unless otherwise notified by FOCL. Where FOCL makes
available Third Party Services, it does so as agent for the
operator of the Third Party Services and any amount paid is
not part of the Price, whether or not the Third Party Services
are booked or paid for at the same time as, or before or
during, the Holiday. FOCL’s liability to Passengers for Third
Party Services organised on this basis is excluded to the
greatest extent permitted by law. However, should FOCL, its
employees, servants, agents or sub-contractors, the owner
or operator of the vessel or any other person involved in
the supply of services in connection with the Holiday
be deemed to have any liability in connection with
such Third Party Services, this shall in all cases be subject to
20.5 Tours operate subject to minimum numbers of
participants. If any tour cannot operate as a result of low
numbers, a refund of any money paid in advance will be made
but otherwise, no compensation shall be payable.
21. River Cruises
21.1 This clause 21 applies to River Cruises only. For the
avoidance of doubt, save insofar as it is otherwise indicated,
these Conditions also apply to River Cruises. In the event of
a conflict between this clause 21 and any other provision in
these Conditions, this clause 21 shall prevail.
21.2 FOCL do not recommend River Cruises for children
under 12 years of age as the facilities on-board have not been
designed with younger children in mind. All children will be
subject to the full adult fare.
21.3 There will be trained first-aiders on-board River Cruise
vessels, however there will be no medical centre or medical
21.4 Embarkation and disembarkation of River Cruise
vessels can be particularly challenging due to the inherent
characteristics of the vessels used for River Cruises and
the quays and jetties used. Dis/embarkation may involve
traversing other vessels moored parallel to the quay including
substantial steps from the quay onto the vessel and on-board
the vessels themselves. Consequently, River Cruises cannot
be safely accessed by Passengers who rely on wheelchairs
or scooters and others with moderate to severe mobility
issues. Save insofar as it conflicts with this clause 21, clause
12 above applies.
21.5 All Passengers with any reduced mobility who plan
to embark on a River Cruise must provide full details before
booking and keep FOCL updated of any changes to their
mobility prior to departure of the River Cruise. This is extremely
important for us to ensure the safety of all Passengers,
the crew and the vessel. It is Passengers’ responsibility
to ensure they are physically capable of embarking and
disembarking River Cruise vessels before they book a River
21.6 Unusually high or low water conditions may necessitate
changes to the itinerary of a River Cruise, dis/re-/embarkation
or transfer by means of inland or alternative river transport.
The Passenger acknowledges that such circumstances are
an inherent part of river cruising and that neither FOCL nor
any River Cruise operator shall have any liability should such
21.7 Clauses 9.9 and 9.10 above do not apply to River Cruises.
22. Material Facts
22.1 It is a condition of the Booking that all material facts
concerning the Passenger’s fitness or suitability to travel have
been disclosed to FOCL as if FOCL was an insurer. A material
fact is a fact likely to influence insurers in the acceptance or
assessment of insurance (for example, details of your state
of health or that of a close relative). Where there is doubt as
to whether a fact is ‘material’ then it should be disclosed at
the time of booking, including but not limited to any disability,
mobility issue, or any other condition requiring special care,
specific assistance, attention or treatment. If any such
condition arises after the Booking is concluded then written
notice must be given to FOCL as soon as possible and in any
event, no later than 48 hours prior to embarkation. FOCL
shall make all reasonable endeavours to provide any specified
assistance when requested.
23.1 The Passenger acknowledges that FOCL will require
certain personal data from the Passengers, before and after
any Booking is concluded, in order to be able to provide your
Holiday. All personal data will be handled in accordance with
FOCL’s Data Protection Policy, which can be found on the
FOCL Website: http://www.fredolsencruises.com/privacyand
24.1 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.
25. Rights of Third Parties
25.1 Unless otherwise stated under these Conditions, a person
who is not party to a Booking shall have no rights under or in
connection with it by virtue of the Contracts (Rights of Third
Parties) Act 1999.
26. Law and Jurisdiction
26.1 These Conditions and any dispute or claim arising out
of or in connection with them or their subject matter or
formation (including non-contractual disputes or claims) shall
be governed by and construed in accordance with English law.
26.2 Subject to clause 10.2 above, the parties irrevocably
agree that the courts of England and Wales shall have
exclusive jurisdiction over any dispute or claim that arises
out of or in connection with these Conditions or its subject
matter or formation (including non-contractual disputes
27.1 No variation of these Conditions shall be effective unless
in writing and signed by FOCL.
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