YOUR CONTRACT WITH FRED. OLSEN CRUISE LINES
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 2.6 to 2.8, 2.11,
3.7 to 3.11, 5.1 to 5.5, 8 to 13, 15.5, 15.6, 16 to 18, 20, 21 and
23** will apply as shipboard rules.
*each as defined below
**clauses 3.9 and 21 apply to River Cruises only
Definition and Interpretation
“Booking” means the Passenger’s booking of a Holiday,
accepted by FOCL in accordance with clause 2.
“Cabin” means a cabin, room or suite on-board a vessel.
“Convention” means any international legal Convention
referred to at clause 9.1 below, the Strasbourg Convention
and any other Convention that may apply, 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 which comprises of a cruise
and a flight booked on your behalf as a package offered
“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 dangerous activity.
“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: http://www.fredolsencruises.com/freedom.
“Group Booking” means a Booking entered into
by one Passenger on behalf of itself and a number of
“Holiday” means any FOCL Holiday offered, 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
“Package Travel Legislation” means the Package Travel
and Linked Travel Arrangements Regulations 2018 and any
other national or international legislation that may apply to
the supply of the Products and/or the Bookings.
“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
inland waterway (as defined in the Strasbourg Convention).
“Saver 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:
“Shuttle Transport Services” means any form of transport
offered to Passengers provided by a third party for
transiting to a vessel or around a port or other terminal.
“Special Offers” means 3 for 2 offers, BOGOF deals, Special
Saver Fares and any other special offers or marketing
incentives offered by FOCL.
“Third Party Services” means services provided by third
party suppliers such as Shuttle Transport Services,
excursions, transfers or other programmes, which do not
form part of the Holiday.
“Third Party Service Provider” means a provider of Third
Party Services, engaged by FOCL acting as agent only.
“Tour Operator” means an organisation 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 legal
(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 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.
1.2 A Booking can be made via your travel agent or directly
1.2.1 by telephone: 0800 0355 105 (or 0800 0355 260 for
River Cruises); or
1.2.2 through the FOCL Website: www.fredolsencruises.
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.
1.4 You warrant that you have the authority to
make the Booking on behalf of any Passengers named in
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 (see clause 4). 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, which incorporate the terms of the
Privacy Notices (see clause 23), apply to you and every
other Passenger partaking in the Holiday. You warrant
that you have the authority to make, amend and/or
cancel the Booking on behalf of any Passengers named in
2.4 The Passengers under a Booking can only be altered
in strict accordance with these Conditions and/or the
Package Travel Legislation. 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 directly by FOCL and cannot
be accepted by any third party.
2.5 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.
2.6 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).
2.7 Passengers travelling with children under the age of 18
who are not their parent(s) or guardian(s), will be required
to present, at check-in, a letter from the child’s parent(s)
or guardian(s) confirming authorisation to take them on
the Holiday and to act with full parental authority in the
case of an emergency. This clause 2.7 applies regardless
of whether the cruise will leave the child’s home country
or not. In the event that a child under the age of 18 has a
different surname to their parent(s) or guardian(s), proof of
parentage e.g. a birth/divorce certificate must be provided
at check-in. Failure to do so may result in denied boarding,
with the Holiday treated as a “Cancellation by You” in
accordance with clause 6.
2.8 Children less than 6 months old and women who will
be more than 24 weeks pregnant at the Date of Departure
are not permitted to travel. It is recommended that
medical advice is sought prior to booking for children
aged between 6 and 12 months.
2.9 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
2.10 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 / +44(0)333 103 6350 /
45-59 Kingsway, London, WC2B 6TE.
2.11 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.
2.12 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).
2.13 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.
2.14 FOCL has no liability whatsoever for flights booked
by a Passenger that do not expressly form part of the
2.15 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.
For more information, visit fredolsencruises.com, see your travel a gent or call 0800 0355 144