Booking Conditions

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JUST GO HOLIDAYS LTD

Trading as: Just Go! Holidays, National Holidays & Omega Breaks

BONDED COACH HOLIDAYS TRADING CHARTER AND TERMS & CONDITIONS

 

We want you to enjoy every minute of your holiday with us, and we’ll do our very best to try to ensure that it lives up to your expectations. We believe that our more than 25 years of tour operating experience, together with the reputation we have for quality and value should give you the confidence to book with us. To give you further peace of mind, we accept your booking on the basis of our Terms and Conditions, which set out the contractual obligations between us. Please spend some time reading them carefully, and please feel free to contact us should anything be unclear.  Where we refer to “you”, “your” and “passenger(s)”, this means all persons named on the booking who will be travelling with us.

1. FINANCIAL PROTECTION: Your contract is with Just Go Holidays Ltd, 1st Floor, 111 High Street, Cheltenham GL50 1DW (“we”, “us”, “our”). When you book a holiday with us, which doesn’t include a flight, the money you pay us for the booking will be protected by Bonded Coach Holidays (BCH) and the Association of Bonded Travel Organisers Trust Limited (ABTOT); this is a Government approved consumer protection scheme. The scheme will also ensure your repatriation in the event the company becomes insolvent. Our Trading Charter and Booking Conditions set out clearly and simply the responsibility we have to you and in turn, you have with us, when a contract is made. Please see the BCH Consumer Guarantee at www.abtot.com/bch-abtot-members-directory. Our membership number is 7022. There is no financial protection if you purchase just transport or accommodation-only from us. We fully comply with the Package Travel and Linked Travel Arrangements Regulations 2018. The combination of travel services offered to you is a package holiday within the meaning of the Regulations. Therefore, you will benefit from all rights applying to package holidays. Just Go Holidays Ltd will be fully responsible for the proper performance of the holiday and for providing assistance if you are in difficulty. Your key rights will be in the details of the package to be provided prior to booking.

2. BOOKING & PAYMENT: When a booking is made, the lead name on the booking confirms that he or she is aged 18 or over and has the authority to accept and does accept on behalf of all those travelling with us the terms of these booking conditions. You must pay a deposit at the time of booking or the full price if you book after the balance due date. After we receive your booking and appropriate payments, we will send you or your booking agent a confirmation invoice within 14 days. This confirmation will include any special requests we have agreed. All monies paid to your booking agent are held by them on your behalf until we issue our confirmation invoice, thereafter your booking agent holds the money on our behalf. A binding agreement will come into existence between us when we issue the confirmation invoice to the lead name or your booking agent. You have a responsibility to check the confirmation carefully to ensure all information is correct.

Deposits per person and the balance due dates (the period before the departure date on which your full balance normally becomes due) are:

 

Holiday Type

Deposit

Balance Due

Omega London breaks and attractions
Just Go Holidays SuperValue (including London, shows and events)
Northern Lights Flights
National Holidays Showtime and Events
National Holidays Sporting Breaks

Full Payment

Full Payment
 

National Holidays UK
Just Go Holidays UK
National Holidays SuperValue and Themed (Family Fun)

£95

8 Weeks
 

Just Go Holidays and National Holidays Europe, Ireland, Channel Islands and IoM

£150.00

10 Weeks

Heritage & Historic Houses

£150.00

10 Weeks
 

Just Go Holidays & National Holidays Europe 14+ Days &
Just Go Holidays & National Holidays flights

£300.00

10 Weeks

 

If you cannot make a payment by card at the time of booking, please speak to one of our Reservations Assistants to discuss other options. You can make payments against your balance anytime between making the booking and the balance due date. If the balance is not paid on time we reserve the right to treat your booking as cancelled by you and apply cancellation charges as set out in clause 3 below. For bookings made after the balance due date the full amount is due at the time of booking.

We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out.

3. HOLIDAY CANCELLATION BY YOU: If you want to cancel your booking, you can do so in writing by letter or email. If you cancel your booking, we will not refund any insurance premium or administration fees you may have paid, as these do not form part of your package holiday contract and you will have to pay cancellation charges based on the following scale, unless we are able to re-sell your holiday in which case we will give you a full refund.

For Omega London breaks and attractions, Just Go Holidays Supervalue (including London, shows and events), Northern Lights Flights, National Holidays Showtime and Events and National Holidays Sporting Breaks:

If you cancel after the booking confirmation is issued you will lose 100% of your holiday cost.

For National Holidays & Just Go Holidays UK mainland and National Holidays Supervalue and Themed (Family Fun):
More than 8 weeks prior to departure: We refund the cost of your holiday less your deposit, any insurance premium and any administration fees;

 8 weeks or less prior to departure: You lose 100% of your holiday cost.

For National Holidays & Just Go Holidays Europe, Ireland, Channel Islands & Isle of Man holidays:
More than 10 weeks prior to departure: We refund the cost of your holiday less your deposit, any insurance premium and any administration fees;

10 weeks or less prior to departure: You lose 100% of your holiday cost.

For Just Go Holidays and National Holidays European holidays of 14 days or more and Just Go Holidays and National Holidays’ Flights:

More than 10 weeks prior to departure: We refund the cost of your holiday less your deposit, any insurance premium and any administration fees;

10 weeks or less prior to departure: You lose 100% of your holiday cost.

Upon cancellation you must return to us any tickets or vouchers you have received at your own expense.

You may be able to make a claim under your travel insurance policy if your cancellation falls within the conditions of the policy. Claims must be made directly to the insurance company concerned.

You may cancel your holiday without paying a cancellation fee before the start of the holiday in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect (a) the performance of the package; or (b) carriage of passengers to the destination.

In these booking conditions “unavoidable and extraordinary circumstances” means a situation beyond the control of the party who seeks to rely upon such a situation for the purpose of this holiday contract and the consequences of which could not have been avoided even if all reasonable measures had been taken.

4. HOLIDAY ALTERATION BY YOU: Should you wish to make changes to your booking or change it to another holiday please advise us as soon as possible. Whilst we cannot guarantee changes can be made to your booking, we will endeavour to meet requests if possible. A fee of £25 per booking will be charged to contribute towards administration costs; in addition we will pass on any costs we incur making the amendment for the following changes made prior to the balance due date: Change of Tour, Departure Date, Pick Up Point or Room Type.

You may also transfer your booking to somebody else but that person must satisfy all the conditions of the holiday and you must inform us by letter or email no less than 7 days before departure and a £25 fee will also apply. Other changes after the balance due date will incur cancellation charges. Please note that if you change your booking to another person, some aspects of it such as event or theatre tickets may not be transferable and you may have to pay another full fee for such tickets or they may no longer be available, if, for example the event has sold out.

5. ALTERATIONS AND CANCELLATIONS BY US: Occasionally, we may have to make changes and correct errors both before and after bookings have been confirmed. We may also have to cancel confirmed bookings. Whilst we endeavour to avoid changes and cancellations, we must reserve the right to make changes before departure or cancel your booking. Most changes are minor in nature and do not significantly alter the holiday you have booked and you agree that we can make those changes unilaterally. We will tell you if we have to make an insignificant change but we will not pay you compensation or offer alternative options. Examples of an insignificant change are a change of seat number, an itinerary/excursion change such as change of day, destination or transport method, a change of accommodation to a similar or better standard, removal or closure of a hotel facility, a change of pick up point to an alternative within 10 miles of your original one. Please note that tours involving a ferry crossing are liable to leave very early in the morning or even late the previous evening (excluding Isle of Wight tours).

Occasionally we may have to make a significant change to the main characteristics of the travel services that make up your package holiday. Examples of a significant change include but are not limited to: a change of outward departure point to one more than 10 miles from your original one, a change of destination unless it remains in a suitable location for our tour itinerary, a change of departure or return time by more than 12 hours, a change of accommodation to that of a lower category for the whole or the majority of your holiday. For significant changes and cancellations, if there is time to do so before departure, we will offer the following options:

(a) Accepting the changed arrangements.

(b) Transferring to an alternative holiday of a similar standard to that originally booked if we are able to offer you one. If this holiday is cheaper than the original one, we will refund the price difference.

(c) If you do not wish to accept the alternative holiday we offer, you may choose any other available holiday from us but if the holiday you choose is more expensive you must pay the additional price. If it is cheaper we will refund the price difference.

(d) Cancelling or accepting the cancellation in which case you will receive a full and prompt refund of all monies you have paid to us.

Where we are prevented from performing the contract because of unavoidable and extraordinary circumstances we will provide you with a full refund but will not be liable to pay any compensation.

No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirements of these Booking Conditions entitling us to cancel (such as paying on time).

In some cases holidays arranged by us may operate subject to there being a minimum number of persons required. In the event that minimum numbers have not been reached, we reserve the right to cancel your holiday and refund all monies paid. We promise not to cancel for this reason within 21 days of the scheduled departure date and we will not pay any compensation in this event.

If you are travelling on a tour where the primary reason for travel is a concert or event, we cannot accept responsibility for the non-appearance or the cancellation or curtailment of any event, artist, performer or performance; our responsibility is to provide you with a ticket for the concert or event. Should such a situation arise, your holiday arrangements will still proceed and we will not always be in a position to advise you of such an occurrence before you travel. Such occurrences will not constitute a significant change to your holiday arrangements, therefore holiday transfer or cancellation will not be permitted without paying our normal charges for doing so and we regret no refunds, compensation or expenses will be payable.

6. PRICING POLICY:

(a) All prices are quoted in pounds sterling. The prices apply at the time of publishing and may change before you make your booking. Save where stated otherwise, holiday prices are per person and are based on two people sharing the accommodation. Occasionally, an incorrect price may be shown, due to an error, we will endeavour to notify you at the time of booking if we are aware, or as soon as is reasonably possible. Many local towns and cities throughout Europe have introduced new tourist taxes which we will incorporate into our package prices unless specifically stated when you may have to pay these directly during your tour. We reserve the right to cancel the booking if you do not wish to accept the price which is applicable to the holiday.

(b) We reserve the right to increase the price of your holiday contract by way of a surcharge (i) if the price of carriage of passengers increases resulting from the cost of fuel or other power sources; or (ii) if the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports increases; or (iii) due to fluctuations in the currency exchange rates relevant to the package. We will always bear the first 2% of any such increase.

(c) If any surcharge is greater than 8% of the cost of your holiday excluding insurance premiums and any amendment charges, we will communicate the options to you either through email or letter, with a reminder if necessary. If you exercise the right to cancel, we must receive written notice within 20 days of the date of the surcharge invoice.

(d) The currency exchange rate used in holiday costings for holidays outside the UK is based on rates at 1st October 2022.

(e) Single occupancy of rooms, when available, may be subject to a supplementary charge and these will be shown in the brochure, on the web page concerned and noted on our holiday confirmation document.

7. SPECIAL REQUESTS: All special needs and requests must be advised to us at the time of booking. These cannot be guaranteed but will be noted on your holiday confirmation document. If you need assistance, or may not fully be able to enjoy all aspects of your holiday you must tell us in advance so that we can maximise your enjoyment of the holiday. Before booking your holiday, you should be sure that you and your party are physically and mentally capable of completing the itinerary. We will not always be able to tell you before you leave if we cannot meet your special requests and we cannot accept your booking on the proviso that the request is honoured. If you will require a special diet please tell us at the time of booking, or as soon as you are medically advised, together with a copy of the diet.

8. ITINERARY CHANGES: It may be necessary, sometimes at short notice, to make changes to an itinerary due to weather, traffic and road conditions or rail network alterations. Regrettably coaches, trains or ships do occasionally break down or certain facilities on board a coach, train or ship may become faulty. Reasonable efforts will be made to rectify such issues as quickly as possible. In some instances it may be necessary to replace the vehicle which cannot be repaired. We cannot accept any responsibility for delays or changes to the itinerary caused by any form of breakdown.

9. TRAVEL DELAY: In the event of a delay on our coach tour of more than 6 hours to the advertised times on any of our holidays, we will do our best to provide meals and refreshments as appropriate.

10. HOLIDAY INSURANCE: It is a condition of booking a holiday with us that you take out a comprehensive travel insurance policy either through us or purchase an alternative policy that provides at least the same level of cover as provided by the policy that is available through us. We have arranged comprehensive cover with Towergate which is detailed in our brochure and on the website. If you choose not to opt for the travel insurance we offer and take out insurance that is for any reason inadequate and does not provide at least the same level of cover, we shall not be liable for any costs incurred by you as a result. Further, you agree to indemnify us in relation to any costs, expenses or other losses we incur or suffer as a result of your failure to purchase insurance in accordance with this clause.

If you purchase insurance through us you must be a resident of the United Kingdom, all premiums must be paid immediately as cover will not commence until they are paid. On UK holidays with a one day excursion to Europe, you will need to take out additional cover should you wish to join the excursion. You must read your policy carefully and take it with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your personal needs.

If you cancel your holiday, where you have purchased insurance through us and although such insurance does not form part of your package holiday contract, we will liaise with the insurance provider to consider an appropriate refund of any insurance premiums you have paid if you can show you are unable to use/reuse or transfer your policy, and agree that you will not be making any claim on the policy, in the event of cancellation or purchase of an alternative holiday.

11. COMPLAINTS PROCEDURE: It is imperative that if you are unhappy about any aspect of your holiday, you raise the matter IMMEDIATELY with the coach driver, tour manager (if applicable) or accommodation provider. If you do not tell us at the earliest opportunity about a problem giving rise to your complaint, we cannot take steps to investigate and rectify it at the time. Our contact number for unresolved complaints is our office number on 01242 265742 (open Mon-Fri 9am – 530pm). We will take into account the date you first drew the problem to the attention of our driver, tour manager, supplier or ourselves when responding to any subsequent complaint and it may affect your rights under these Terms & Conditions. If you fail to follow this procedure we cannot accept responsibility, when we have been deprived of the opportunity to investigate and rectify the problem. If the matter cannot be resolved immediately, you must write to/email the Customer Contact Department via the on-line form on our website, quoting your booking reference and the details of your complaint so that we may commence an investigation. You must send your written complaint to us within 14 days of returning home. We will always try and resolve the matter fairly and amicably but should this not be possible then you may, if you wish, pursue the matter with BCH/ABTOT who have an Alternative Disputes Resolution scheme and full details are available from them at ABTOT 7th Floor, 69 Leadenhall St, London, EC3A 2BG. This scheme does not apply to claims that arise mainly in respect of physical injury or illness or the consequences of any illness or injury. It can only be used if all reasonable avenues of resolution and compromise have failed.

12. OUR LIABILITY TO YOU We are responsible for the performance of the travel services included in your holiday contract.  You must tell us without undue delay of any lack of conformity to the holiday contract that you perceive during the performance of a travel service. If any of the travel services are not performed in accordance with the package travel contract, you may be entitled to a price reduction or compensation or both.   

You will not be entitled to compensation for damage you sustain as a result of any lack of conformity (including compensation for injury, illness, death, or other loss) where the lack of conformity is:

i. Attributable to you or a member(s) of your party; or

ii. Attributable to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable; or

iii. Is due to unavoidable and extraordinary circumstances.

In addition, we will not be liable to compensate you or provide a price reduction or refund where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday and/or where any problems you suffer did not result from any breach of our contract.  Please note, we cannot accept responsibility for any private arrangements you make, which do not form part of our contract. This includes, for example, any additional services or facilities, which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them in any excursion you purchase from us.

Please note the standards of the country in which your holiday takes place may be used as the basis for deciding whether the services in question have been properly provided. If the particular services which give rise to any claim or complaint comply with applicable local standards applicable, those services will be treated as having been properly performed. This will be the case even if the services did not comply with the standards in the UK, which would have applied had those services been provided in the UK.

We limit the amount we may have to pay you for any claims, which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will pay you for such non personal injury claims if we are found liable to you on any basis is three times the price of your individual holiday, i.e. not three times the price of a whole booking but three times the price of the affected person’s holiday. This maximum amount will only be payable where everything has gone wrong, all elements of the contract have not been delivered and you have not received any benefit from your holiday.

Our liability will also be limited in accordance with and/or in an identical manner to: (a) the contractual terms of the companies that provide the travel services that make up your package and these terms are incorporated into this booking; and (b) any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We shall have the benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any other applicable conventions. Copies of the travel service contractual terms or the international conventions can be requested from us.

This clause is intended to set out our obligations to you as a tour operator/organiser under the Package Travel and Linked Travel Arrangements Regulations 2018 (PTR 2018). Please note, we cannot make any payment to you or any member of your party if you are not entitled to one under these regulations.

You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about any claim or complaint you have. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

13. OUR COACHES: We will always use our reasonable endeavours to provide a coach to the specification in our brochure or advert but reserve the right to substitute an alternative vehicle should there be unforeseen circumstances. There is a seating plan but, in some cases, operational reasons may require a coach with a different configuration. We reserve the right to alter a coach seating plan and allocate seats other than those booked. Single passengers may be required to share a double seat with other single passengers. When your booking is confirmed, you will be offered the best seats that are available at that time. If you feel that you require two seats, then these must be booked and paid for in advance, at the time of booking. If you fail to do this and it transpires that the seat allocated to you is insufficient for your needs and there is no alternative seating available, then you will be refused access to the coach and any payments made will be liable to forfeiture.

Specific seats will not be allocated on coaches operating a feeder service between joining points and main holiday departure points or on coaches that carry out transfers between airports, seaports etc.

14. PASSENGERS WITH HEALTH CONSIDERATIONS: Please note, our holidays may not be suitable for people with certain disabilities, dietary requirements or medical conditions. If you have a disability, coaches and trains can be difficult to get on and off and some of our hotels do not offer ground/lower floor accommodation or lifts/easy access. You must tell us if any member of your party suffers from any disability or pre-existing medical condition which may affect their or other people’s holidays – you must provide full written details at the time you book the holiday including any specific requirements that person has. Some people may be at risk from discomfort or deep vein thrombosis (DVT) if they remain immobile on a journey, you should consult your GP if you or a family member has ever experienced this. We reserve the right to request a doctor’s certificate confirming fitness to travel and to refuse any booking in the absence of such a certificate. Additionally at the time you book the holiday you must provide written confirmation that all assistance the disabled person requires will be provided by you. In view of the nature of our holidays, we regret we must reserve the right to decline any bookings whenever we feel unable to accommodate the needs of any particular client or where, in our opinion, the medical condition or disability of the client concerned is likely to have a significant effect on other clients taking the same holiday. If any passenger requires personal assistance then a companion or carer who is able to look after you must travel with them. Drivers, tour managers or hotel staff are unable to provide such assistance. We further reserve the right to cancel any holiday and impose cancellation charges if we are not fully advised of any relevant disability or medical condition at the time of booking. Where we provide comfort stops you are encouraged to walk around. Exercise reduces any discomfort, which may be caused by periods of immobility.

15. PASSENGER BEHAVIOUR: We want all our customers to have a happy and carefree holiday. You are responsible for your behaviour and hygiene and the effect it may have on others. Both we and our suppliers will not tolerate anti-social behaviour. If you are abusive, disruptive, make racist, sexist or homophobic comments or behave in a way that could cause damage or injury to others, especially through drunkenness, or affect others’ enjoyment of their holiday or cause damage to property, we have the right to terminate your contract with us and we will have no further obligation or liability to you. Should you contravene acceptable behaviour standards at any hotel they have the right to remove you from the building, in this situation you will have no recourse to us and alternative accommodation will be at your own cost. At this point you will also be removed from the tour and must make your own way home. We will not entertain any refund requests in these circumstances and you will be banned for life from travelling with us again. The driver or other authorised official is entitled to refuse boarding if, in their opinion, you are unacceptably under the influence of drink or drugs or you are being violent or disruptive. If you are refused boarding on the outward journey we will regard it as a cancellation by you and we will apply cancellation charges, if the refusal is on your return journey, we have the right to terminate our contract with you. Any charges levied for any damage caused to suppliers’ property will be your responsibility.

16. BROCHURE ACCURACY: Although Just Go Holidays Ltd make every effort to ensure the accuracy of their brochures and website information and pricing, regrettably errors do sometimes occur. You must therefore ensure you check the price and all other details when you receive your confirmation invoice.

17. OTHER TERMS: On our holidays you are subject to the following requirements:

(a) You may not bring a pet or animal on one of our holidays with the exception of a registered assistance dog for which we would require official written evidence of the dog’s status. You may find dogs present in some hotels in our programme which are dog friendly.

(b) Please show consideration by ensuring any audio device does not disturb other passengers.

(c) You are responsible for ensuring that you are at the correct departure point at the correct time and with correct documents. We cannot be liable for any loss or expense suffered by clients because of their late arrival at any departure point.

(d) All our holidays are sold on the basis that you are a British Citizen and UK passport holder and your passport is machine readable and valid for at least 6 months after the return date of travel. If you are not a UK passport holder, it is your responsibility to seek travel and visa advice from your appropriate embassy. For full details on passport requirements please contact “The Identity & Passport Service” on 0300 222 0000 or www.direct.gov.uk. In relation to holidays in the European Union or a requirement to travel through an EU Member State, you are responsible to ensure that you have any necessary entry documents as required by the EU, including any required compliance with the EU’s ‘ETIAS’ system, for more information on which see www.etiasvisa.com.We cannot accept any liability for the consequences of your failure to do so.

(e) In some foreign countries, standards of infrastructure, safety and hygiene may be lower than those to which we are accustomed in the UK. You should therefore exercise greater care for your own protection. There may be countries that we visit that have special medical requirements for tourists. These regulations are subject to change and our customers are responsible for complying with entry and current health requirements. If you are not sure of the health requirements for the country you are visiting, you are advised to check with your own GP before travelling. You are also advised to refer to the Department for Health leaflet “Health Advice for Travellers” and check the latest travel advice including safety, security, entry requirements and travel warnings at www.gov.uk/foreign-travel-advice.

(f) Although our vehicles have large luggage compartments, we have to adhere to regulations concerning the overall weight of fully laden vehicles. We would, therefore, ask you to restrict your luggage to one medium sized suitcase weighing no more than eighteen kilograms (forty pounds). We cannot accept responsibility at any time for hand luggage.

(g) As with all personal items, it is your responsibility to ensure your suitcase is on board the coach. Please make sure you see the driver place your luggage into the coach. We cannot accept responsibility for misplaced or damaged luggage unless through our proven negligence.

(h) It is essential that your luggage has a label affixed to it stating your name.

(i) We cannot carry any additional luggage items with the exception of collapsible walking aids and mobility scooters. However, due to weight and space restrictions we can only accommodate a maximum of 2 walking aids on the coach; either collapsible wheelchairs or collapsible walking frames or one of each, the maximum weight of any aid must not exceed 15kg. You must reserve a space at the time of booking and this will be confirmed on our correspondence to you. We reserve the right not to carry any walking aids that are not pre-booked. Due to weight and space restrictions we can only accommodate one mobility scooter on a coach. If you wish to bring a mobility scooter you must reserve a space at the time of booking, and this will be available on a first come first served basis. Once the space is taken we will be unable to accommodate any additional mobility scooters. When you book we will ask for the scooter’s dimensions and confirm in writing whether it can be carried. Acceptance is not guaranteed as this may depend on the size and weight of the scooter and the coach. If you do not receive confirmation that a mobility scooter space has been reserved you will not be able to bring one and if you try to do so we will not allow you to travel. In such circumstances your holiday will be deemed as cancelled by you and full cancellation charges will apply. We regret we cannot carry any motorised wheelchairs.

Please also be aware that some of our hotels may charge you for charging your scooter battery; some hotels may not be able to accommodate mobility scooters due to their structural design, so while we may have room on the coach, if the hotel cannot support it, then we may have to decline your request to bring it along.

Please ensure that you follow instructions given to you by our driver or tour manager during the holiday with regard to luggage and personal effects; failure to so and any courier costs therefore incurred will be your responsibility.

 (j) On certain tours your journey may commence late in the evening of the previous day.

(k) Smoking, including electronic cigarettes and the consumption of alcohol is not allowed on coaches operating our holidays. If you ignore this rule and thereby cause inconvenience, distress or disappointment to other passengers, you may be asked to leave.

(l) Where the information contained in our brochure is changed or additional information given, due to information supplied by a passenger, for any reason, the passenger must ensure that the information which they provide us is confirmed to them in writing. No responsibility will be accepted for any loss, damage or disappointment if this procedure has not been followed.

(m) Some excursions are included in the price and refunds cannot be made for passengers unable to participate in these excursions for whatever reason. Optional excursions booked and paid for in resort do not form part of your booking. Admission fees to buildings may not be included in the price of the holiday, please check.

(n) Admission fees to buildings, grounds, etc., guided tours and use of leisure facilities are not always included in the price of the holiday.

(o) Journeys on heritage railways cannot be guaranteed to operate under steam regardless of how we describe or depict them.

(p) Please note that drivers are not insured to assist you with your luggage and therefore any assistance given to you by your driver is at your own risk.

(q) Some hotel facilities and entertainment may be withdrawn for routine maintenance or subject to seasonal availability and provision of the facilities cannot be guaranteed.

(r) For our National Holidays’ products and some other selected tours we welcome children on board. A small reduction on the advertised adult price is normally available to children aged 2-12 years inclusive when travelling with at least one adult. Infants under 2 years may travel free of charge and will be allocated a seat on the coach, we recommend you bring a compliant child car seat and it will be your responsibility to secure this using the coach seat belt provided. The number of infants allowed on each coach will be limited. Cots should be requested if required in hotel rooms.

We do not consider non family related Just Go! & Omega products suitable for children under five years of age. Unfortunately, due to our keen prices, we are unable to offer any child discounts. Any passengers under the age of 18 must be accompanied by an adult.

(s) On our holidays any tour commentaries will be provided orally in English.

17. PRIVACY POLICY: We comply with the GDPR 2018 and the Data Protection Act 2018. When you interact with us and make a booking we will collect your personal data. Our Privacy Policy explains in detail the types of personal data we may collect about you and will also explain how we will store, use and keep it safe. Just Go Holidays Ltd are committed to protecting your privacy and we therefore ask that you read the policy so that you are fully informed about how we will use your data. A copy is available at www.justgoholidays.com/about-us/privacy-policy or www.omegabreaks.com/about-us/privacy-policy or www.nationalholidays.com/privacy or we are happy to post a copy to you upon request. Should you have any queries or concerns at any time, please contact our Data Protection Officer at dpo@justgoholidays.com or dpo@omegabreaks.com or dpo@nationalholidays.com or write to The Data Protection Officer, Just Go Holidays Ltd, 1st Floor, 111 High Street, Cheltenham, GL50 1DW.

19. EMERGENCY CONTACT: The emergency contact details for Just Go Holidays is 0333 321 9939, for National Holidays 0333 234 2499 and for Omega Breaks 0330 013 0098.

Just Go! Holidays, National Holidays and Omega Breaks are trading names of Just Go Holidays Limited, registered office: 1st Floor, 111 High Street, Cheltenham, GL50 1DW.

Publication Date: August 2023

For the latest applicable terms and conditions, please refer to our websites: www.justgoholidays.com/about-us/terms

www.omegabreaks.com/about-us/terms  

www.nationalholidays.com/booking-conditions

19. APPLICABLE LAW AND JURISDICTION

This contract and all matters arising out of it will be governed by English law and will be subject to the exclusive jurisdiction of the courts of England and Wales.

 

Cruise Terms & Conditions - Fred Olsen

These terms and conditions should be read carefully.

The Passenger agrees that any booking for a Fred. Olsen Cruise Lines Ltd (FOCL) Cruise Holiday made with our appointed Tour Operator is done so on the basis of these Passengers Terms and Conditions. Your contract is with our appointed Tour Operator, they are principle to contract with you for your whole holiday. Please inform your Tour Operator if you wish to raise any object to any part of these Passenger Terms and Conditions. Where FOCL is granted any rights or protection under FOCL’s Passenger Terms and Conditions, FOCL shall have the right to enforce its rights and protections as if a party to the original contract and the exclusion of the Rights of Third Parties under clause 20 shall not apply.

Definition and Interpretation

“Booking” / “Booked” means the Passenger’s booking of a Holiday with FOCL appointed Tour Operator.

“Contract” means the contract made between the Tour Operator and the passenger in accordance with these terms and conditions following the acceptance of the Booking FOCL. “Departure Date” means day one of the cruise as notified to the Passenger at the time of Booking and as amended from time to time at the sole discretion of FOCL in accordance with these Conditions.

“FOCL” means Fred. Olsen Cruise Lines Limited with company number 02672435 and whose registered office is located at 2nd Floor, 64-65 Vincent Square, London, SW1P 2NU.

“Force Majeure” means an unusual and unforeseeable event outside of 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 or illnesses, 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, failure of power supplies, Passenger suicide or attempted suicide or a Passenger’s deliberate exposure to unnecessary danger (except in an attempt to save human life) or the consequences of participating in an unusual and dangerous activity and any other circumstances of any nature whatsoever.

“Holiday” means any holiday comprising of an FOCL Cruise offered by the Tour Operator from time to including flights where indicated but excluding any tours to the Tour Operator.

“Passenger(s)” means a person who has entered into a Contract with the Tour Operator for the supply of a Holiday and includes any specified person who will be participating in the Booked Holiday.

“Price” means the FOCL price of the Holiday including / excluding those items in the holiday brochure as set out by the Tour Operator (as published and amended from time to time). The Price is non-refundable except as set out in these Conditions.

“Shuttle Transport Services” means any form of transport offered to Passengers provided by a third party which may be available to Passengers in certain ports.

Interpretation

(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

(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 faxes and emails.

How to book

1.1 A Booking of a Holiday can be made with our appointed Tour Operators. Prior to making a Booking you should ensure that you have read and are prepared to accept these Conditions, and have available the information required to make the Booking.

The Contract

2.1 Once FOCL has accepted the Booking from the Tour Operator and all payments due at the time of making the Booking, (including the deposit and, where applicable, the full balance of the Price), a Contract between you and the Tour Operator exists subject to these Conditions and covers the person or entity making the Booking and each and every Passenger in respect of whom the Booking is made (collectively referred to as ‘you’ in these Conditions). Unless expressly agreed by FOCL, the parties specified under a Contract as being the “Passengers” for the purposes of the Holiday may not be altered at any time. In addition the Holiday under a Contract cannot subsequently be amended or transferred to a lower priced Holiday other than as set out herein. Bookings must be accepted by FOCL and cannot be accepted by any third party including the Tour Operator.

2.2 Notwithstanding paragraph 2.1, FOCL has the right to refuse to accept any Booking even if the deposit and the full balance of the Price has been paid by you to the Tour Operator.

2.3 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. 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). This ensures that in the unlikely event of insolvency of the licence holder, the CAA will arrange to refund money paid for an advance Booking and ensure that Passenger(s) are not stranded abroad. When purchasing a FOCL fly-cruise holiday you will be given an ATOL Certificate either by FOCL or your agent. In Ireland FOCL is bonded as a tour operator and holds a Tour Operator’s Licence No. T0212 issued by the Commission for Aviation Regulation. FOCL is also a member of the Passenger Shipping Association. For the avoidance of doubt, any additional products that are not FOCL products supplied to you by your agent or purchased directly by you from a third party are not covered under FOCL’s ABTA bond or FOCL’s ATOL licence. FOCL has no liability or responsibility to you in respect of such additional products sold via your agent or brought directly by you. You should check that the Tour Operator has bonding in place to protect you.

2.4 Any cabin, room or seat Booked or notified under a Contract may be changed to another of equivalent or higher standard at the sole discretion of FOCL or any other party acting as operator or carrier.

2.5 The Contract constitutes the entire agreement between the Tour Operator and the Passenger and unless otherwise stated in these Conditions supersedes all other agreements, oral or written.

2.6 Where organised tours, Shuttle Transport Services, excursions or programmes are available during a Holiday, they are not part of the Contract, unless otherwise notified by FOCL. Where FOCL makes such tours available, it does so as agent for the operator of the tours and any amount paid is not part of the Price, whether or not the tours are booked or paid for at the same time as, or before or during, the Holiday. However, should FOCL, the Tour Operator, its employees, servants, agents or sub-contractors, the owner and operator of the vessel or any other person involved in the supply of services in connection with this Contract be deemed to have any liability in connection with such tours, this shall in all cases be subject to these Conditions. Tours operate subject to minimum numbers of participants. If any tour does not operate, a refund of any money paid in advance may be made, but otherwise no compensation shall be payable.

2.7 Where flights are taken in conjunction with a Holiday by a Passenger but are booked / purchased independently of a FOCL Holiday, then they are not part of the Contract and FOCL has no liability whatsoever in respect of such booked flights.

2.8 Holidays are planned far in advance and the Contract is for the Holiday Booked subject to alterations that may be made as a result of events, changes of circumstances or other factors that have occurred or arisen since the Holiday was planned. This is dealt with further below under paragraph 6 (“Alteration and Cancellation by FOCL”).

2.9 The person making the Booking warrants that they have authority to contract and accept these Conditions on behalf of all those in respect of whom the Contract is made. The Tour Operator, FOCL, its employees, servants (including medical staff), agents and subcontractors, the owner and operator of the vessel and any other party involved in the supply of services in connection with this Contract shall all have the benefit of all rights, exemptions and limitations in these Conditions. In no circumstances will the total liability of all such parties exceed that of the Tour Operator and FOCL.

2.10 It is the sole responsibility of the Passenger to ensure that they check in on time for the Booked Holiday and allow plenty of time for doing so. It is the sole responsibility of the Passenger to ensure that they check in on time for any flights to / from the vessel including any interconnecting flights. Passengers are solely responsible for checking with regard to any flight delays or cancellations.

Deposit, alterations and final payment

3.1 A deposit of the Price of the Holiday must be paid to the Tour Operator at the time the Booking is made. Other payments may also be due at the time of Booking. Payment to or acceptance of any money by the Tour Operator, a travel agent or other third party, does not constitute acceptance of a Booking by FOCL. Prior to acceptance of the Booking by FOCL and all payments then due to the Tour Operator, the Tour Operator has no obligation to the Passenger and may return or authorise the return of any payments made with no penalty and without providing a reason.

3.2 If your Booking or Contract is altered after acceptance of your deposit as a result of a request by you that has been accepted by the Tour Operator or FOCL, a minimum service charge of £50.00 per person is payable to the Tour Operator and FOCL. In the case of a name change, more than 90 days before the Departure Date this will be charged at £50.00 per person per change; within 90 days of the Departure Date the charge is £100 per person, where accepted. A name change is not permitted for the lead Passenger. In addition to this, for fly-cruises any associated costs imposed by the airline will also be payable by the Passenger. Please note that some airlines and other transport providers may not allow name changes and/or departure detail alterations such as date and time changes. Most airlines and other transport providers treat name and departure detail changes as a cancellation and charges may subsequently apply. A request to transfer the Holiday under your Contract to an alternative Holiday may be accepted by FOCL on one occasion provided it is made more than 90 days before the Departure Date. However, any subsequent request will be treated as a cancellation. If an alteration would result in a reduction of the Price of the Holiday under the Contract of more than 25% then this will be treated as a cancellation (please see paragraph 5 (“Cancellation by You”) which sets out further details).

3.3 The balance of the Price is due to be paid to the Tour Operator and FOCL no later than 90 days before the Departure Date for all Holidays and money must be paid in sufficient time for cleared funds to reach FOCL. For any Holidays Booked after this date, the full Price is due and must be paid at the time of making the Booking. Special payment conditions may apply to special or discounted Prices. If, for any reason, any payment due after Booking is not received by the Tour Operator or by FOCL by the date due, the Tour Operators and FOCL has the right to cancel the Contract, retain the deposit paid and charge a cancellation fee of the amount shown in the scale under paragraph 5 (“Cancellation by You”) applicable at the date of the Tour Operators and FOCL’s decision to cancel. If, after a Booking is made via the Tour Operator and if FOCL has reason to believe that the Tour Operator may be unable to meet its financial obligations then FOCL has the right to move the Booking / Contract to another Tour Operator or take the Booking / Contract on direct. However, any monies paid to the Tour Operator but not paid to FOCL, FOCL has no liability to the passenger to honour the booking.

3.4 If a direct Booking with FOCL has been made and accepted, and all payments due at the time of the Booking have been made, the Booking may not be transferred to the Tour Operator unless the Booking was made on board a Vessel and FOCL has been notified of the request to transfer the Booking at the time of booking and does not object.

Prices and other charges

4.1 Prices are based on operating costs and market conditions at the date they are published and may be revised upwards or downwards at the discretion of FOCL at any time.

4.2 Once you have made a Booking, no increase or decrease in the Price will be made except as follows:-

4.2.1 If there is an increase or decrease in the cost of providing any Holiday under a Contract of more than 2% caused by an increase or decrease in: transportation costs, including the cost of fuel; dues, taxes or fees for services at ports and airports; or exchange rates, then a surcharge may be levied or a refund may be provided. If this means paying more than 10% on top of the Price quoted at the time of your Booking, you will be entitled to cancel your Holiday Contract with full refund of all monies paid except for any premium paid for insurance and amendment charges. Such cancellation must be made within 14 days of the issue date printed on the surcharge invoice. If a surcharge is made it will be demanded in writing. Failure to pay a surcharge within 14 days may be treated as cancellation by you of the Contract in which case a cancellation charge of the amount shown under paragraph 5 (“Cancellation by You”) applicable on the date of the Tour Operators and FOCL’s decision to cancel will be made.

4.2.2 No surcharges will be charged less than 30 days before the Departure Date but Bookings received within this period may be charged at the published price plus any surcharge arising up to the date of that Booking.

4.2.3 Similarly, if there is a decrease of more than 2% in the costs of providing any Holiday under a Contract (as per paragraph 4.2.1) then any decrease over 2% will be passed on to you.

4.3 Most port and airport charges and taxes are included in the Price of the Holiday. Where these are not included, you will be advised separately. Some overseas charges and taxes may have to be paid locally by you.

4.4 Medical services provided on board are outside the scope of the UK National Health Service and a charge is made for these services, for drugs and other medical provisions including repatriation costs in accordance with paragraph 10 below.

4.5 All accounts for services and goods provided on board the vessel and any other amounts due which are not included in the Price of the Holiday, including amounts for tours, Shuttle Transport Services, excursions and programmes, must be settled before you leave the vessel. An administration charge of £75 will apply if you fail to fully settle your on board account before you leave the vessel. In the event that a Passenger fails to settle his/her on board account on or before completion of the Holiday, 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 set off any sums owed to FOCL by the Passenger against any sums due to the Passenger from FOCL.

Cancellation by You

5.1 You may cancel your Contract subject to notice to the Tour Operator and FOCL in writing and payment to the Tour Operator and FOCL of a cancellation fee in accordance with the following scale: Number of days before Cancellation fee being a % of the

Number of days before departure Cancellation fee being a % of the Contract Price for the Holiday
91 days or more 15%
90-57 days 60%
56-42 days 75%
41-16 days 85%
15 to 0 days 100%

The effective date of cancellation is the date of receipt by FOCL of written notice to cancel. For the avoidance of doubt, these charges will apply whatever the reason for your cancellation, including illness, incapacity, death or any other intervening event. If you have already started your Holiday but are unable to continue for any reason whatsoever including repatriation, illness, incapacity, death, or any intervening event, FOCL may resell any unused services or accommodation, and no refund will be payable to you.

5.2 Cancellation fees may be insurable. It is the Passenger’s responsibility to make any such claim under the terms of his/her insurance policy. Holiday insurance premiums cannot be refunded in the event of cancellation.

5.3 Cancellation of land tours or scheduled air upgrades/deviations purchased as add-ons to “Grand” and “World Voyages” (including sectors) will incur 100% charges to the third party supplier if cancelled within 90 days of your Departure Date.

Alteration and cancellation by FOCL

6.1 FOCL reserves the right to cancel any Holiday at any time on the giving of written notice to the Tour Operator. In any such instance the terms of the ABTA Code of Conduct will apply.

6.2 Published Holiday details in FOCL brochures and any notified Holiday details to you at the time of placing your Booking with the Tour Operator may be subject to alteration after the Contract arises as a result of events, changes in circumstances or other factors that have occurred or arisen since the Holiday was originally planned by the Tour Operator and FOCL. FOCL’s priority is to provide you with the Cruise Holiday you Booked under your Contract with the Tour Operator as far as possible for its duration. Alteration may include omitting, substituting or adding ports of call, restricting the availability of any on board facilities and services available at any time or otherwise changing the itinerary (including routing of the cruise ship or flights and port of embarkation and disembarkation), schedule, cruise ship or other arrangements that form part of the Holiday. Alteration of the Cruise Holiday may be made of necessity due to for example an outbreak of an infectious disease or because it appears to FOCL desirable for the safety, comfort or enjoyment of Passengers or the operational efficiency of the Holiday. Where possible and appropriate FOCL will try to ensure that any changes are as limited as practical and do not take place within 14 days of the Departure Date unless due to a Force Majeure event. Such alteration will not amount to a significant alteration of the Holiday.

6.3 Where before the Departure Date it becomes impossible to provide your Holiday (even by making changes) due to an event of Force Majeure, then FOCL will give notice of cancellation of the Holiday as soon as practicable and you will be offered a refund of all monies paid for the Cruise holiday or where possible the choice of a replacement Holiday of equivalent value.

6.4 FOCL has the right up to 56 days before the Departure Date to cancel any Cruise Holiday or any part of it because the minimum number of Passengers needed has not been achieved.

6.5 Where after the Departure Date it becomes impossible to provide any part of a Cruise Holiday due to an event of Force Majeure, FOCL or any other party acting as Tour Operator will make suitable alternative arrangements at no extra cost to you. If this is not possible equivalent transport will be provided back to the place of departure or on to the final destination and where the Holiday is curtailed, then for each whole day lost you will be reimbursed an amount equivalent to the daily cost of the cruise part of the Holiday.

6.6 Where delay occurs during the Holiday due to fault on the part of FOCL or then alternative arrangements will be made where required to ensure the continuation of the Holiday. 6.7 In the event of cancellation, alteration or delay (including prolongation of the Holiday) FOCL will not be responsible for individual circumstances or arrangements, or any losses arising from individual circumstances or arrangements.

Conduct, safety and security

7.1 If it appears before or during your Holiday that you are or are becoming for any reason unfit to travel or likely to endanger or prejudice the health or safety or comfort of yourself or anyone else then a duly authorised representative of FOCL or any other party involved in the supply of services under this Contract may transfer you from one cabin or seat to another, restrain, confine or otherwise deal with you as may be considered necessary or refuse to embark or disembark you at any port or place. In such circumstances, you will not be entitled to any refund, compensation or contribution to or reimbursement of travel costs or expenses of any kind and you shall be liable to pay any fines, losses, compensation or other amount due to any third party. In no circumstances shall the Tour Operator or FOCL have any liability for prevention of boarding of any form of transport due to a decision made by any party other than FOCL.

7.2 FOCL has the right to make, enforce and change (without prior notice) rules and policies for the conduct of Passengers on board relating to matters including, but not limited to, dress, behaviour, alcohol and food. No animals, dangerous articles, or controlled or prohibited substances may be brought on the Holiday and/or vessel.

7.3 For your safety and security, or that of other Passengers, it may be necessary for servants or agents of FOCL to search Passengers, their cabins or their luggage. You will allow this to take place when authorised by the Captain or a security or other officer of the vessel, and you agree to follow any instructions or orders in this regard.

7.4 You will be responsible for any loss or damage caused by you during the Cruise Holiday to any property or person or other third party or FOCL, no matter how that loss or damage is caused. If you cause such loss or damage then FOCL may require you immediately or at any time to pay to FOCL an amount sufficient to cover, or on account of, any loss or damage so caused.

Liability

8.1 The liability of the Tour Operator and FOCL and any other party that may be involved in the supply of services in connection with this Contract may be limited by international conventions including those relating to carriage by sea and air, in the case of carriage by sea, including the Athens Convention 1974 (as amended), carriage by air, including the Warsaw Convention 1929 (as amended by The Hague Protocol 1955) or the Montreal Convention 1999 or otherwise and hotel stays, including the Paris Convention 1962, and in the case of all such conventions, any applicable Protocols or other amendments as made from time to time. Where these or any other conventions apply to any service or accommodation supplied during any part of the Cruise Holiday, whether or not directly supplied by the Tour Operator or FOCL, then insofar as the Tour Operator or FOCL may have any responsibility or liability, the limits of liability afforded by such conventions apply to the Tour Operator or FOCL and any liability or responsibility of the Tour Operator or FOCL shall be determined accordingly.

8.2 Save as provided otherwise in these Conditions, all arrangements for the provision of transport of Passengers, their luggage and personal property, accommodation and other services are in addition to these Conditions subject to the rules, regulations, and Conditions of airlines and owners or operators of any other ship or vessel used and all other services such as transfer operators, hotels, etc. These are deemed to be expressly accepted by the Passenger and are herein expressly incorporated into the Contract.

8.3 Unless otherwise provided for by force of the law or in accordance with these Conditions the liabilities, obligations and responsibilities of the Tour Operator or FOCL and any other party involved in the supply of services in connection with these Conditions shall be limited in accordance with the limits applicable to a carrier under the Athens Convention 1974 (Carriage of Passengers and Luggage by Sea), as modified and set out in parts I and II of Schedule 6 of the Merchant Shipping Act 1995 (together the “Convention”).

8.4 The liability of the Tour Operator, FOCL or any other party that may be involved in the supply of services in connection with these Conditions for death or illness of, or personal injury to, any Passenger, or the loss of or damage to the luggage of any Passenger is limited to the maximum amounts specified in Articles 7 and 8 of the Convention save in the case of valuables (as defined in Article 5 of the Convention) where no liability is accepted unless such valuables have been deposited with the carrier for the agreed purpose of safe-keeping, in which case liability will be limited as provided for in Article 8(3) of the Convention. Please see paragraph 9 below which sets out further details in relation to luggage claims.

8.5 No responsibility is accepted for loss or damage caused to you by failure to perform the Contract, or improper performance of these Conditions, where the failure or improper performance happens without fault on the part of the Tour Operator or FOCL or other operator or supplier of services included in the Holiday Contract because:

(i) it is attributable to your fault; or

(ii) it is unforeseeable and unavoidable and attributable to a third party who does not supply services included in the Holiday; or

(iii) it is due to unusual or unforeseeable circumstances i.e. due to an event of Force Majeure which is beyond the control of FOCL, the consequences of which could not have been avoided by the exercise of due care, or an event which FOCL or other operator or supplier of services could not foresee or forestall including but not limited to unusual weather or sea conditions.

8.6 No liability is accepted in respect of arrangements or commitments made by you or on your behalf that are not part of the Cruise Holiday, including, but not limited to arrangements that you make directly, or via the Tour Operator or FOCL acting as agent only, with a service provider other than the Tour Operator or FOCL.

8.7 Insofar as the Tour Operator or FOCL may be liable to a Passenger in respect of claims arising out of carriage by air, land or sea, the Tour Operator and FOCL shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual carriers and under the Convention and any other applicable conventions and nothing in these conditions shall be deemed as a waiver thereof.

8.8 If any term, condition, section or provision becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force.

8.9 The Tour Operator and 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 of a similar nature.

8.10 In the event that the Tour Operator or FOCL has any legal liability for any loss of or damage to property otherwise than in accordance with the Convention and any other applicable conventions including the Montreal conventions then its liability shall not at any time exceed £250 per Passenger and the Tour Operator and FOCL shall not at any time be liable for loss of or to any money, jewellery, valuables or medication. Passengers are advised 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.

8.11 All carriage (by land, air and sea) is subject to the conditions of carriage of the actual operator / carrier. These may limit or exclude liability. Save as otherwise provided in these Conditions, the carriers’ conditions of carriage are expressly incorporated into the Contract and are deemed to be expressly accepted by the Passenger at the time of the Booking. Copies of these Conditions are available on request from the Tour Operator.

8.12 The Tour Operator and/or FOCL’s liability will not at any time exceed that of any carrier under the carrier’s conditions of carriage and/or applicable or incorporated conventions. 8.13 In the case of a cancellation or a delay in departure of the cruise holiday where a stay of one or more nights or a stay additional to that intended by the passenger becomes necessary, where and when physically possible, the Tour Operator and/or FOCL shall offer passengers departing from port terminals, free of charge, adequate accommodation on board, or ashore, and transport to and from the port terminal and place of accommodation. For each passenger the Tour Operator and/or FOCL reserves the right, at its discretion, to limit the total cost of accommodation, not Including transport to and from the port terminal and place of accommodation to EUR 80 per night, for a maximum of three nights.

Claims

9.1 Any matter which might give rise to a problem, complaint or claim must be notified immediately to the vessel or hotel management, airline staff or other supplier of the services concerned. If the matter cannot be rectified immediately, the Tour Operator and FOCL must be notified in writing as soon as practicable. In any event you must give notice of any claim in writing to the Tour Operator and FOCL within two months of the end of your Holiday. Special extra provisions set out below apply to loss, damage or delay to luggage and to claims for illness or injury. Failure to give notice in accordance with these provisions may mean that the matter cannot be properly investigated or rectified and this may affect your rights.

9.2 In the case of any claim for loss, damage or delay to luggage please note that (1) it is assumed that luggage has been delivered undamaged to you unless notice is given immediately to the Tour Operator and FOCL; (2) you must claim against the carrier or carriers responsible for actually performing the carriage where the loss or damage happened immediately if and when the loss or damage is or becomes apparent, and in any event within 15 days from the date of redelivery, or when redelivery should have taken place; (3) if you wish to make any sort of claim against the Tour Operator and FOCL, you must notify the Tour Operator and FOCL directly in writing with a copy of notification to the carrier or carriers responsible for actually performing the carriage and if asked to do so, assign your rights against such carrier or carriers to FOCL. Any damages payable by the Tour Operator and FOCL up to the limits set out under the Convention will be reduced in proportion by any contributory negligence of the Passenger and by the maximum deductible under Article 8(4) of the Convention.

9.3 Any illness or injury caused by or that you think may be attributable to anything that happened during the Holiday must be reported to the service provider or providers responsible for the relevant part or parts of the Holiday and to the Tour Operator and FOCL (with a copy of any such notification to any other provider or providers) immediately that the illness or injury becomes apparent.

9.4 Unless a longer period is provided for by force of law, any claim shall be time barred if proceedings are not brought within 2 years of the end of the Holiday.

9.5 Some disputes involving claims up to a limited amount may (subject to the agreement of you, the Tour Operator and FOCL) be referred to independent arbitration or conciliation under schemes devised by arrangement with the Passenger Shipping Association or ABTA. Details will be supplied on request. The schemes may not apply to claims arising out of injury or illness.

Medical Assistance

10.1 In compliance with Flag State requirements each vessel has on board a qualified doctor and a medical centre equipped for first aid and minor conditions only. The Passenger hereby acknowledges and accepts at the time of booking that the medical centre is not equipped like a land based hospital and the doctor is not a specialist. Neither the Tour Operator, FOCL, the doctor, nor the carrier shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.

10.2 At FOCL’s sole discretion FOCL may afford you assistance if you suffer illness, personal injury or death during the period of your Holiday. Such assistance may take the form of advice, guidance or initial financial aid where appropriate and subject to FOCL’s discretion. Any expenses reasonably incurred for you or on your behalf (including medical treatment and repatriation expenses) shall be repayable by you to FOCL in full on demand (whether or not you have insurance cover for some or all of the expenses). In any case where such assistance is necessary or provided you give FOCL authority to contact any third party including your general practitioner or other medical practitioner and/or your insurers to obtain any necessary information or documentation.

10.3 The Passenger acknowledges that whilst there is a qualified doctor on board the vessel, it is a Passenger’s obligation and responsibility to seek medical assistance if necessary during the Cruise Holiday and the Passenger will be solely responsible to pay for any on board medical services including but not limited to any medical treatments provided and repatriations which will be charged in line with private medical health care fees and charges.

10.4 In the event of illness or accident, Passengers may have to be landed ashore by the carrier and/or the master for medical treatment. Neither the carrier nor the Tour Operator or FOCL make any representation or accept any 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. Medical facilities and standards vary from port to port; neither the Tour Operator or FOCL nor the carrier makes any representations or warranties in relation to the standard of medical treatment ashore.

10.5 The on board doctor’s professional opinion as to the fitness of a Passenger to board the vessel or to continue the Holiday is final and binding on all Passengers.

10.6 Where a Passenger is refused embarkation as a result of health and/or fitness to travel, then neither the carrier nor the Tour Operator or FOCL has any liability to the Passenger. 10.7 The Tour Operator, FOCL and/or the carrier and/or the health authorities at any port shall be entitled to administer a public health questionnaire. The Passenger shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness and H1n1. The carrier may deny boarding to any Passenger that it considers in its sole discretion to have symptoms of any illness including viral or bacterial illness including but not limited to norovirus and H1n1. Any refusal by a Passenger to complete a questionnaire may result in denied boarding and cancellation charges applied in line with clause Cancellation by You.

10.8 The vessel’s doctor has the authority to require a Passenger to remain in their cabin for health and safety reasons should they become ill during the Holiday.

10.9 Passengers are reminded that some foods may cause an allergic reaction in certain people due to intolerance of some ingredients. If the Passenger has any known allergies, or is intolerant of any food, it is his/her responsibility to report this to the carrier upon boarding the vessel and certainly before consuming any food. The Tour Operator and/or FOCL shall have no liability to any Passenger who has failed to notify the vessel of an allergy or food intolerance and becomes ill as a result of eating foods which they are allergic or intolerant to. Further, and irrespective of any notification provided to the Tour Operator and FOCL or to the carrier of any food allergies or intolerances, it remains your decision as to whether or not to consume any particular food items and you consume all food at your own risk. The Tour Operator and FOCL cannot be held responsible for the food allergies and intolerances of individual Passengers.

Material facts

11.1 It is a condition of the Contract for the supply of the Cruise Holiday (including carriage and insurance), that all material facts have been disclosed to the Tour Operator and FOCL as if the Tour Operator and 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.

Mobility, medical matters and specific assistance

12.1 You must give written notice to the Tour Operator and FOCL at the time of Booking of any disability, mobility problem, or any other condition requiring special care, specific assistance, attention or treatment. If any such condition arises after the Cruise Holiday is booked then written notice must be given to the Tour Operator and FOCL as soon as possible, and In any event, no later than 48 hours prior to embarkation. The Tour Operator and FOCL shall make all reasonable endeavours to provide any specified assistance where requested.

12.2 If you are travelling as a sole traveller who requires specific assistance, the Tour Operator and FOCL reserves the right to require an able bodied person to accompany you.

12.3 If, in the reasonable opinion of the Tour Operator and FOCL, a Passenger’s disability, mobility problem or medical condition cannot be accommodated safely by the vessel, ports or associated infrastructure or carrying a Passenger with such disability or medical condition would result in FOCL breaching national and international maritime safety standards, then FOCL reserves the right to refuse Passage. If refusal is based upon this paragraph 12.2 then the Passenger shall be provided with reasons, in writing, by FOCL within 5 days of refusal. In any such event, the Passenger shall have the option of reimbursement or, If possible, re-routing.

12.4 Children less than 6 months old and women who will be more than 24 weeks pregnant at the end of the Holiday are not permitted to travel. It is recommended that medical advice is sought prior to Booking for children aged between 6 – 12 months.

Documentary and medical requirements

13.1 A full valid passport is required for all FOCL Cruise Holidays. Your passport must be valid for at least 6 months after the date of return to the UK (a shorter validity may be acceptable on certain itineraries, please check at time of Booking). You are responsible for ensuring compliance with all necessary visa and other documentary requirements for the entire Cruise Holiday, and shall have received all medical inoculations necessary (notwithstanding that the Tour Operator and FOCL may provide advice on these matters from time to time). At any port or place, the Tour Operator and FOCL or any other party involved in the supply of services in connection with your Cruise Holiday may refuse travel, accommodation, or disembark any Passenger without compensation who in the opinion of the Tour Operator or FOCL or any other party involved might be excluded from landing at any destination by Immigration or other Governmental Authorities or who may be suffering from contagious or infectious disease or whose presence may be considered detrimental to safety or comfort of other holidaymakers or crew members.

Flights

14.1 Prices for fly-cruises quoted in any FOCL Cruise Holiday are inclusive of specially negotiated airfares which are subject to availability. If no aircraft seats are available at such prices in conjunction with a particular Holiday at the time of Booking then the fly-cruise option will not be offered. Flight upgrades/premium seats for fly-cruises are limited in number. They will be allocated at the time of Booking, subject to availability at the time of the Holiday. 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.

14.2 All published itineraries are based on current airline schedules or advised charter flights 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 for your Holiday Booking and the type of aircraft operated cannot always be given at the time of Booking.

14.3 The Passenger will receive confirmation of flight timings and routes with their travel documents, which will be sent out approximately 7 days before the Departure Date.

14.4 If the Contract does not include flights, it is the Passenger’s responsibility to obtain a valid ticket direct from an air carrier suitable for and in time for travel to the vessel (and including local transfers which the Passenger must arrange). FOCL shall not be responsible for any liabilities arising in respect of flights or transfers arranged by the Passenger or the Tour Operator.

Data

15.1 The Passenger acknowledges that the Tour Operator and FOCL will require certain personal details from the Passenger in order to process a Booking and to fulfil the Contract for the supply of your Cruise Holiday. The Passenger hereby agrees to this information being passed to any third parties in order for the supply of the Cruise Holiday. Personal details supplied to the Tour Operator and FOCL may also be used for marketing purposes. Marketing communications from FOCL will allow you the opportunity to opt out of further communications. FOCL will not disclose your personal details to third parties for marketing purposes without your express permission. Our data protection policy is set out in our privacy policy which is hereby expressly incorporated into these Conditions.

Travel Insurance

16.1 It is a condition that travel insurance is taken out before travelling on any FOCL cruise holiday. This should cover all appropriate travel, cancellation, medical, emergency airlift/boat transfer at sea and repatriation liabilities for the Holiday. FOCL reserves the right to cancel the Contract without any liability or cost to the Tour Operator or Passenger in the event that this paragraph 16.1 is not complied with by you. Final Cruise Holiday documents cannot be released until FOCL has received notification of your insurance policy details.

16.2 You will indemnify the Tour Operator and FOCL against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Tour Operator and FOCL arising as a result of:-

16.2.1 any breach of the condition set out in paragraph 16.1 above, or your insurance being deemed either invalid, inadequate and/or avoided; and

16.2.2 any claim made against the Tour Operator and FOCL by a third party for death, personal injury or damage to property arising out of or in connection with breach of paragraph 16.1 above which is attributable to the acts or omissions of you.

Variation

17.1 No variation of these Conditions shall be effective unless in writing and signed by FOCL.

Smoking Policy

18.1 Smoking is only permitted in certain dedicated external areas throughout the vessel. Smoking anywhere else is strictly prohibited.

18.2 Throwing cigarette butts over the side of the vessel is strictly prohibited.

Liability of Employees, Servants and Subcontractors

19.1 It is hereby expressly agreed that no servant or agent of FOCL and or the carrier, including the Captain/master and crew of the vessel concerned including independent subcontractors and their employees as well as the underwriters of these parties shall in any circumstance whatsoever be under any liability whatsoever beyond these Conditions and these parties may invoke these Conditions to the same extent as FOCL and or the carrier.

19.2 FOCL has no direct control over the Tour Operator, tour providers and their services. In no case, whatsoever, will FOCL be held liable for loss, damages and injuries incurred by the Passenger as a result of the negligent act or omission or otherwise of the tour providers. FOCL will exercise reasonable skill and care in the selection of a reputable tour provider. In assessing performance and/or liability of any tour provider, local laws and regulations will apply.

Rights of Third Parties

20.1 Unless otherwise stated under these Conditions, a person who is not party to a Contract shall have no rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

Law and Jurisdiction

21.1 These Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. 21.2 The parties irrevocable agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions or its subject matter or formation (including non-contractual disputes or claims).

Fred. Olsen Cruise Lines is a Member of ABTA with membership number W0637. 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, 68-71 Newman Street London W1T 3AH Tel: 020 7637 2444 or www.abta.com