17. Smoking Policy
17.1 Smoking (including electronic cigarettes emitting
any vapour, even if only water vapour) is only permitted
in certain dedicated external areas of the vessel, including
private balconies. 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
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 provider of 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 Conditions. Addons
may 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 may 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, make available Special
Offers. These Conditions shall apply to such Special Offers
unless otherwise stated. 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 Package” shall include,
where possible, selected beers and ciders, house wines
and spirits, the Cocktail of the Day, draught soft drinks
and mineral or spring water by the glass. Passengers who
purchase the All-Inclusive Drinks Package can also save
50% off any drinks not included within the Package, with
the exclusion of Champagne, dessert, special selection
and sparkling wines, and hot drinks served from the
Bookmark Cafe. House spirits will be served in single
measures and one drink is to be ordered per person, per
transaction. For the avoidance of doubt, any Passenger
entitled to the All-Inclusive Drinks Package 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 Package may be unavailable
from time to time, in which case the Passenger shall not
be entitled to any refund.
19.4 The “Dining Drinks Package” available on FOCL’s
River Cruises includes only a choice of red and white
quality house wines by the glass, European lager and bitter
(300ml servings) and selected branded bottled soft drinks.
19.5 Passengers may bring bicycles with them on board
any cruise vessel, subject strictly to the terms of the FOCL
Cycle Policy, a copy of which can be found on the FOCL
Website. Passengers should note in particular:
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 the
Passenger, 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
19.5.3 All bicycles brought on board must be of a fold-up
or collapsible design, in a bicycle bag, and brought to the
attention of FOCL at check-in.
19.5.4 Passengers must carry their bicycle on 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.
20. Employees, servants, subcontractors and
third party service providers
20.1 The liability of FOCL’s employees, servants, agents,
sub-contractors 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 these Conditions.
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 ‘Important Information’
which can be viewed on the FOCL Website and appear in
the Tour Programme.
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 these Conditions.
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 “Strasbourg Convention” means the Strasbourg
Convention of 2012 on the Limitation of Liability in
21.2 This clause 21 applies to River Cruises only. For
the avoidance of doubt, save insofar as it is otherwise
indicated, the remainder of 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.
21.3 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.
21.4 There will be trained first-aiders on board River Cruise
vessels. However, there will be no medical centre or
medical professionals on board.
21.5 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 on to 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.
21.6 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
essential to ensure the safety of all Passengers, the crew
and the vessel. It is the Passengers’ responsibility to ensure
they are physically capable of embarking and disembarking
River Cruise vessels before they book a River Cruise
21.7 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 circumstances arise.
21.8 Clauses 9.9 and 9.10 above do not apply to
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, allergy, 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
23. Personal data
23.1 In order for FOCL to deliver your Holiday, it is
necessary for you to provide us with certain personal data.
All such data will be handled in accordance with the terms
of FOCL’s Booking and Marketing Privacy Notices which
form part of your Booking and can be found on the FOCL
23.2 Personal details supplied to FOCL may be used
for marketing purposes, in accordance with the
Marketing Privacy Notice. Marketing communications
from FOCL will allow you the opportunity to opt out of
24.1 The invalidity or unenforceability of any provision
of these Conditions shall not affect the validity or
enforceability of any other provision of these Conditions,
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
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 their
subject matter or formation (including non-contractual
disputes or claims).
27.1 No variation of these Conditions shall be effective
unless in writing and signed by FOCL.
For more information, visit fredolsencruises.com, see your travel agent or call 0800 0355 144