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 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).
9.4 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 9.4, these Conditions will prevail.
9.5 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.
9.6 FOCL accepts no liability for loss or damage caused to
you where such loss or damage:
9.6.1 is attributable to your error or omission; or
9.6.2 is unforeseeable and unavoidable and attributable to
any third party provider of services whose services are not
part of the Holiday; or
9.6.3 is due to unavoidable and extraordinary circumstances
including, but not limited 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.
9.7 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.
9.8 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.
9.9 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 remaining balance in the cost of accommodation.
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 comply with 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 sub-clauses 10.2.1 to 10.2.4 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 services
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 endeavour
to 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 matter to ABTA’s Dispute Resolution 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 Court proceedings.
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 place; and
10.3.3 if you wish to make a claim against FOCL, you must
follow the dispute resolution procedure at clause 10.2
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 Passenger; and
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 3.8 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
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 Destinations Manager.
10.9.3 If the matter cannot be swiftly resolved by following
the steps above, the Passenger must address their
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
10.9.5 If these steps do not lead to a resolution acceptable
to the Passenger, then it is the Passenger’s responsibility to
pursue the matter further against the Third Party Service
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 requires specialist equipment or medication beyond that
which is carried on board.
11.3 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 the vessel, as to do so could put them and/
or other Passengers at risk. FOCL accepts no liability for
Passengers that breach this clause 11.3, and any Passenger
embarking on a cruise with such a medical condition does
so entirely at their own risk.
11.4 FOCL will afford Passengers assistance during their
holiday if they suffer illness, personal injury or death
requiring medical and/or overseas repatriation services.
Such assistance may take the form of a point of contact
within FOCL’s medical repatriation team, and initial advice
and guidance where appropriate, 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 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 11.4 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 relevant.
11.5 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 on
board 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 scope of the UK National Health Service.
11.6 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 an assistance fee,
in return for services provided. Should a Passenger decline
to pay the assistance fee, then they will be liable for making
all of their own arrangements associated with their medical
disembarkation or repatriation, 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 agents.
11.7 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 to provide assistance 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 for assistance.
11.8 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.
11.9 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 11.8, 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.
11.10 FOCL and/or any relevant Third Party Service
Providers and/or the health authorities at any departure port
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
For more information, visit fredolsencruises.com, see your travel agent or call 0800 0355 144