a claim under the ATOL Scheme (or their credit card issuer
2.14 If FOCL, or the suppliers identified in a Passenger’s
ATOL certificate, are unable to provide the services listed
(or a suitable alternative, through an alternative ATOL holder
or otherwise) for reasons of insolvency, the Trustees of the
Air Travel Trust may make a payment to (or confer a benefit
on) the Passenger under the ATOL Scheme. The Passenger
agrees that in return for such a payment or benefit, they
assign absolutely to those trustees any claims which the
Passenger has or may have arising out of or relating to the
non-provision of the services, including any claim against
FOCL, any travel agent or the Passenger’s credit card
provider, where applicable. The Passenger also agrees that
any such claims may be reassigned to another body, if that
other body has paid sums the Passenger has claimed under
the ATOL Scheme.
2.15 FOCL has no liability whatsoever for flights booked by
a Passenger that do not expressly form part of a Booking.
2.16 In relation to Group Bookings, the person making
the Booking (the “Lead Passenger”) warrants that they are
over 18 years of age and have authority to contract and
accept these Conditions on behalf of all those partaking
in the Holiday. Passengers that are subject to a Group
Booking (“Group Passengers”) may be required to pay FOCL
separately, however Group Passengers will have joint and
several liability for all sums due under the Group Booking.
3. PRICES AND OTHER CHARGES
3.1 Prices are based on operating costs and market
conditions at the date they are published and may be revised
at the discretion of FOCL at any time.
3.2 Once you have made a Booking, no increase or decrease
in the Price will be made except where there is an increase
of at least 3% in the price of providing the Holiday and this
increase is a direct consequence of changes in:
3.2.1 the price of the carriage of Passengers resulting from
the cost of fuel or other power sources;
3.2.2 the level of taxes or fees on the travel services, imposed
by third parties not directly involved in the provision of those
service, including tourist taxes, landing taxes or embarkation
or disembarkation fees at ports and airports; or
3.2.3 the exchange rates relevant to the package,
then a surcharge may apply or your Booking may be
cancelled and a refund be provided.
3.3 The following terms shall apply to the application of
surcharges pursuant to clause 3.2 above:
3.3.1 In no circumstances shall any increase in the price
exceed the Price quoted at the time of your Booking by
more than 8%.
3.3.2 You agree that where a surcharge is levied that is 8% or
less of the original Price, this will not amount to a significant
alteration to the terms of your Booking.
3.3.3 Notice of a surcharge and any payment terms will be
given in writing.
3.3.4 Failure to pay a surcharge within 14 days of a demand
to do so by FOCL, or in accordance with such other terms as
may apply, will be treated as a cancellation of the Booking by
you and the provisions clause 6 will apply.
3.3.5 No surcharges will be charged within 20 days of the
Departure Date but Bookings received within this period
may be subject to a surcharge.
3.4 If there is a decrease of more than 3% in the cost to FOCL
of providing any Holiday, then any saving to FOCL over 3%
of the original Price will be passed on to you.
3.5 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 (including
visa charges) and taxes may have to be paid locally by you.
3.6 All on-board accounts will be in Pounds Sterling.
Passengers must register a debit or credit card accepted by
FOCL at check in. This applies to Passengers even where
they do not wish to open an on-board account during their
cruise. An on-board account will not be granted without a
card first being registered.
3.7 All accounts for services, goods, duties, taxes and other
costs provided on-board the vessel and any other amounts
due which are not included in the Price of the Holiday,
including amounts for Third Party Services and medical
services, must be settled before you leave the vessel,
without any set-off or counterclaim.
3.8 Liability for joint on-board accounts shall be joint and
several between Passengers named on the joint account
and other Passengers in any Group Booking (provided such
Passengers are aged 18 or over).
3.9 The administration of (including any disputes relating to)
on-board accounts for River Cruises is the sole responsibility
of the owner of the River Cruise vessel. FOCL will have no
liability whatsoever in relation to disputes arising from onboard
accounts on River Cruises, which must be addressed
directly to the vessel owner. Further details can be provided
on request from the FOCL representative on-board.
3.10 In the event that a Passenger fails to settle their onboard
account on or before completion of the Holiday an
administration charge of £75 will apply. FOCL also reserves
the right without prejudice to any other remedies FOCL may
have under these Conditions or otherwise, to take payment
from the debit or credit card registered by the Passenger or
any other Passenger that is part of the same Group Booking;
cancel any future Bookings the Passenger may have made
with FOCL; and/or to set off any sums owed to FOCL by
the Passenger against any sums due to the Passenger from
FOCL. Failure to settle on-board accounts may also result
in legal action against the Passenger or Passengers in
4. DEPOSIT AND FINAL PAYMENT
4.1 Subject to any other terms in these Conditions, the
following minimum non-refundable deposits will apply
(expressed as a percentage of the Price) and must be paid
to FOCL on the dates indicated below. Other payments may
also be due at the time of booking. See clause 6.1 below for
additional cancellation charges that apply within 90 days of
Departure Date in the event that you cancel your Booking.
Fare type On booking 180 days before
Standard Cruise 15% -
Long Cruise 15% 15% (total 30%)
Saver Fare and
The non-refundable deposits reflect a conservative preestimate
of the losses and costs incurred by FOCL of
remarketing a Holiday following cancellation.
4.2 FOCL must be in receipt of cleared funds for the balance
of the Price due no later than 90 days before the Departure
Date for all Holidays (or such earlier date or time as specified
at the time of booking). For any Holidays booked after this
date, the full Price must be paid at the time of booking.
Alternative payment terms may apply to Special Offers. If, for
any reason, any payment due after booking is not received
by FOCL by the date it falls due, FOCL has the right to treat
this as a cancellation of the Booking by you and to retain
any non-refundable deposit in accordance with the terms of
clause 4.1 above and clause 6 below.
4.3 Money paid to a travel agent for a Holiday is held by the
agent on trust for FOCL, whether or not that travel agent is
acting as your agent or as agent for FOCL. Payment of any
money to a travel agent or other third party, even if an agent of
FOCL, does not constitute acceptance of a Booking by FOCL.
4.4 Prior to acceptance of the Booking and all payments
then due, FOCL 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.
4.5 FOCL cannot accept American Express cards, Electron
cards, Thomas Cook Travellers’ Cheques or pre-funded
cards for any transaction.
4.6 The full Price is payable at the time of the Booking for all
Special Offers, unless other terms expressly apply.
4.7 For Fly-Cruises, 100% of the cost of the flight element of
the Holiday will be payable at the time the Booking is made.
Where the cost of the flight is subject to an increase from the
price at the time of booking (for example where a Passenger
elects to fly from an airport other than the airport advertised
with the Fly-Cruise) such increase in price will be payable by
the Passenger immediately on demand.
5. INSURANCE, BOOKING CONSIDERATIONS
5.1 It is a condition of the Booking that travel insurance is
purchased before travelling on any Holiday:
5.1.1 Passengers must obtain travel insurance as soon as
possible following booking in order to cover cancellations
and other possible losses that might arise after booking. This
should cover all appropriate travel, cancellation, medical,
emergency airlift/boat transfer at sea and repatriation
liabilities for the Holiday.
5.1.2 FOCL reserves the right to cancel the Booking and/
or refuse embarkation and/or require the Passenger to
disembark at the next port of call, without any liability or
cost to them, in the event that clause 5.1.1 is not complied
with in full by all Passengers under the Booking.
5.1.3 You are obliged to disclose all information to your
travel insurer that could be relevant to their decision of
whether or not to agree cover or the level of premium they
charge, including details of pre-existing medical conditions.
Failure to give full, frank and honest disclosure to any
insurer’s enquiries will amount to a breach of this clause 5.
5.1.4 Final Holiday documents cannot be released until FOCL
has received notification of your insurance policy details.
5.1.5 You will indemnify 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, fines and legal and
other reasonable professional costs and expenses) suffered
or incurred by FOCL arising as a result of:
220.127.116.11 any breach of the condition set out in clause 5.1.1
18.104.22.168 your insurance being deemed either invalid,
inadequate and/or voided; or
22.214.171.124 any other breach of this clause 5; or
126.96.36.199 any claim made against FOCL by a third party for
death, personal injury or damage to property arising out
of or in connection with any breach of clause 5.1.1 above
which is attributable to the acts or omissions of you.
5.2 You are responsible for ensuring compliance with
all documentary and health requirements for the entire
Holiday, including ensuring that you have:
5.2.1 A full valid passport, which is required for all Holidays.
Your passport must be valid for at least 6 months after the
date of return to the UK.
5.2.2 Any necessary visas for your Holiday.
5.2.3 Any necessary inoculations and appropriate evidence
to prove requirements have been complied with.
5.3 At any port or place, FOCL or any other party involved in the
supply of services in connection with your Holiday may refuse
travel, accommodation, or disembark any Passenger without
compensation who in the opinion of FOCL or any other party
involved might be excluded from landing at any destination by
Immigration or other Governmental Authorities.
5.4 Any loss suffered as a result of the Passenger’s failure
to comply with this clause 5 will be at the Passenger’s cost
(including any additional travel or accommodation expenses
or fines). Any cost to FOCL must be reimbursed immediately
on demand by the Passenger. FOCL will have no liability
to the Passenger whatsoever in the event the Passenger
cannot partake of any element of the Holiday as a result of
non-compliance with this clause 5.
5.5 FOCL follows guidance from the Foreign and
Commonwealth Office when considering the destinations
that it offers as part of its cruise packages. However, in the
current global political climate, there are many locations
which are ostensibly safe but where the risk of terrorism and
civil unrest cannot be completely ruled out (including most
major cities around the world). Passengers must consider
for themselves the safety of their holiday destinations
before they book. It is recommended that all passengers
review foreign travel advice which can be found on the FCO
office. Where the situation changes after
the time of booking, the Passenger is at liberty to raise this
with FOCL, whose liability for loss, including death and
personal injury arising as a result of terrorism and civil unrest
is excluded to the greatest degree permissible by law.
5.6 In the event that a Passenger’s name is misspelt upon
booking, this may be corrected free of charge until the
tickets allowing embarkation of the vessel have been issued
by FOCL. Thereafter, a charge of £100 will apply per Booking
to cover the administrative cost of amending the Booking.
Please note the separate provision applying to flight ticket
changes at clause 5.8 below.
5.7 In the event that a Passenger is prevented from
proceeding with a Holiday, that Passenger shall be
entitled to change the name of the Passenger travelling
on the Holiday to the name of a replacement Passenger
(“Replacement Passenger”), subject to providing FOCL with
reasonable notice (in no circumstances less than 7 days) of
such name change. FOCL will have no obligation to agree to
a name change unless the Replacement Passenger meets
and agrees to comply with all terms and conditions to which
the original Passenger was subject as part of their Booking.
Name changes will be subject to a minimum administration
fee of £100 per change, and the Passenger and Replacement
Passenger will be jointly and severally liable for this fee and
any additional costs incurred by FOCL as the result of the
name change, pursuant to clause 5.8 below or otherwise.
5.8 In certain circumstances, the changing of a Passenger’s
name in a Booking (including misspelling of a name) may
give rise to costs and/or operational difficulties above and
beyond the administrative cost to FOCL of amending the
relevant Booking. For example, in relation to Fly-Cruises,
FOCL will have no control over costs or cancellation policies
applied by the airline engaged for providing the flight
element of the Holiday. Where additional or non-refundable
costs arise in such circumstances, these must be paid by
the Passenger or Replacement Passenger on demand and
embarkation will not be allowed until such costs have been
paid in full.
5.9 FOCL shall have no liability in circumstances where
a name change or other attempt to amend the details of
a Booking results in the cancellation of an element of the
Holiday by a third party provider. In the event that the actions
of a third party provider mean that neither the Passenger nor
any Replacement Passenger can partake of the relevant
For more information, visit fredolsencruises.com, see your travel agent or call 0800 0355 122