Holiday, the cancellation provisions at clause 6 shall apply.
For the avoidance of doubt, under no circumstances may a
Passenger resell a Holiday for a sum greater than the full price
paid for the Holiday by the Passenger.
5.10 A Passenger’s request to transfer from one Holiday to
another (distinct from substituting another Passenger into
a Booking) may, in FOCL’s sole discretion, be accepted by
FOCL on one occasion per Booking, provided it is made
more than 90 days before the Departure Date, or 180 days
before the Departure Date for a Long Cruise. Where FOCL
consents to such a transfer, the terms and conditions that are
relevant at the time of the transfer shall apply. These may be
different from the terms that applied at the time of the original
Booking. Any Special Offers or discounts that applied to the
original Holiday will not apply to the alternative Holiday.
5.11 Where a transfer to an alternative Holiday is accepted
by FOCL, any payments received in respect of the original
Holiday shall be held as the initial deposit payable upon
booking for the alternative Holiday, even where they exceed
the figure that would otherwise be payable as a deposit for
the alternative Holiday under these Conditions. Where the
sum payable for the alternative Holiday would be higher at
the time the alteration is made, the Passenger must pay the
balance due to FOCL immediately upon demand.
5.12 Where the alternative Holiday is cancelled by you, FOCL
will be entitled to retain as a non-refundable deposit the
5.12.1 any non-refundable deposit paid for the Holiday;
5.12.2 any non-refundable deposit paid for the alternative
5.12.3 any non-refundable deposit payable in accordance
with clause 6.1 below.
5.13 Where a request is made to alter a Booking to an
alternative Holiday within 90 days of the Departure Date,
or 180 days for a Long Cruise, or a request is made to alter
a Booking more than once, or where FOCL has refused a
request to transfer from one Holiday to another, this will be
treated as a cancellation and FOCL will be entitled to retain a
non-refundable deposit in accordance with clause 6 below.
5.14 If an alteration would result in a reduction of the Price of
the Holiday of more than 25% then this will also be treated as
a cancellation by you and the provisions of clause 6 will apply.
5.15 Where a Passenger has made a Booking directly with
FOCL, such Booking may not be transferred to a travel agent
unless the following criteria all apply:
5.15.1 The Booking was made on-board an FOCL vessel;
5.15.2 The Booking is transferred on-board an FOCL vessel;
5.15.3 The travel agent to whom the Booking is transferred is
approved by FOCL at the time of the transfer.
6. CANCELLATION BY YOU
6.1 You may cancel your Holiday by providing notice to FOCL
in writing. Subject to clause 6.3 below:
6.1.1 Where you do so 91 days or more before the Departure
Date, FOCL will be entitled to retain the non-refundable
deposit in accordance with clause 4 above.
6.1.2 Where you cancel 90 days or fewer before the
Departure Date, then FOCL will be entitled to retain a portion
of the Price in accordance with the following scale.
These percentages reflect a conservative pre-estimate of
losses and costs likely to be incurred by FOCL as a result of
the cancellation and cost to FOCL of remarketing the Holiday.
The figures expressed below include any non-refundable
deposit paid in accordance with clause 4.1:
Number of days
Percentage of Price FOCL will be entitled
to retain if the cruise is cancelled by you
90-57 days 60%*
56-42 days 75%*
41-16 days 85%*
15 to 0 days 100%
*100% of the price will be retained in the event of the
cancellation of an Anchor Fare/Saver Fare Booking and
Bookings made subject to certain other Special Offers.
6.2 The effective date of cancellation is the date of receipt by
FOCL of written notice that the Passenger wishes 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. It is your responsibility
to ensure that you have insurance in place that covers these
6.3 Where you cancel a Booking, FOCL will make reasonable
endeavours to resell the Holiday:
6.3.1 You recognise that it may not be viable for FOCL to
attempt to do so in certain circumstances, for example where
the Departure Date is imminent.
6.3.2 You additionally recognise that, in order to resell,
FOCL may, at its absolute discretion, remarket the cruise at
a discounted rate.
6.3.3 FOCL will not be regarded as having successfully
resold a Holiday until all tickets of a comparable level and
characteristics to the resold Holiday (e.g. in terms of price,
level of cabin and other additional elements included in the
Booking) have sold out for that particular Holiday at the Date
6.3.4 Where a Holiday has been successfully resold, FOCL
may, at its reasonable discretion, refund all or part of the
Price paid by you. In all circumstances, any such refund will
be subject to reasonable deductions, for example in order
to account for the cost of remarketing and rebooking the
Holiday and to account for any shortfall between the Price
paid by you and the price at which the cruise is resold.
6.4 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.
6.5 If you have already started your Holiday but are unable to
continue for any reason whatsoever including repatriation,
illness, incapacity, death, or any unavoidable and
extraordinary event, FOCL may resell any unused services or
accommodation without offering any refund to you.
6.6 Where FOCL offers certain Special Offers, it reduces its
margin on that Holiday and loses the opportunity to sell the
Holiday at full price. Therefore, special terms and conditions
apply to Special Offers in order to make them commercially
viable for FOCL. Unless otherwise indicated, and subject to
clause 6.3 above, no refund will be available in the event of
the cancellation by you of any Special Offer.
6.7 No refund will be available for pre-cruise and postcruise
land tours where these are cancelled by you 90 days
or fewer before your Departure Date. If cancelled 91 days or
more before the Departure Date, a non-refundable deposit
will apply in accordance with clause 4.1 above. You will also
be responsible for paying on demand any unrecoverable
sum paid or payable to a third party supplier in connection
with the cancelled pre-cruise or post-cruise land tour.
6.8 Where you cancel a Fly-Cruise (or the flight element of a
Fly-Cruise), the airline’s cancellation terms will apply to the
cancellation and you will be liable for any costs that result,
in addition to any cancellation charges due to FOCL for
the cruise and other elements of the cancelled Holiday, in
accordance with this clause 6.
7. ALTERATION AND CANCELLATION BY FOCL
7.1 FOCL reserves the right to cancel any Holiday at any time
on the giving of written notice to the Passenger. In any such
instance the terms of the ABTA Code of Conduct will apply.
Your statutory rights are not affected.
7.2 Published Holiday details in FOCL brochures and any
Holiday details notified to you at the time of placing your
Booking may be subject to alteration after the Booking has
been concluded where this becomes necessary as a result of
events, changes in circumstances or other factors that have
occurred or arisen since the Holiday was originally planned
by FOCL. FOCL’s priority is to provide you with the Holiday
you booked as far as possible for its duration. Alteration may
include (without limitation) 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 vessel or flights and
port of embarkation and disembarkation), schedule, cruise
vessel or other arrangements that form part of the Holiday.
Alteration of the Holiday may (without limitation) be made
of necessity in the interests of promoting the health, safety,
comfort or enjoyment of Passengers or the operational
efficiency of the Holiday, for example (but not limited to) the
occurrence of a security risk or infectious illness. Wherever
possible, details of any alterations will be communicated to
you in writing. Alterations of the nature described in this clause
7.2 will not amount to significant alterations of the Holiday.
Your statutory rights remain unaffected.
7.3 Where before the Departure Date it becomes impossible
to provide your Holiday (even by making changes) due to
a Force Majeure Event or any other circumstances beyond
FOCL’s control that significantly constrain their ability
to deliver your Holiday, then FOCL will give notice of
cancellation of the Holiday as soon as practicable and you
will be offered (where possible) the choice of a replacement
Holiday of equivalent value or a refund of all monies paid
under the Booking.
7.4 FOCL has the right up to 90 days before the Departure
Date to cancel any Booking or any part of a Holiday because
the minimum number of Passengers needed has not
7.5 Where after the Departure Date it becomes impossible to
provide any part of a Holiday due to a Force Majeure Event,
FOCL or any other party acting as operator will make suitable
alternative arrangements to provide the Holiday 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.
7.6 It is a condition of the Booking that the Passenger will act
in good faith towards FOCL at all times. In the event that the
Passenger breaches this clause 7.6, FOCL shall have the right
to treat the Booking as cancelled by you, and to terminate
the Booking immediately.
7.7 Where delay occurs during the Holiday as a result of
a breach of these Conditions by FOCL or any other party
acting as operator on FOCL’s behalf, then alternative
arrangements will be made where required and where
possible to ensure the continuation of the Holiday.
7.8 In the event of cancellation, alteration or delay
(including prolongation of the Holiday) FOCL will not be
responsible for losses arising from individual circumstances
or arrangements (for example travel and accommodation
booked separately to the Holiday).
8. CONDUCT, SAFETY AND SECURITY
8.1 If it appears, in FOCL’s complete discretion, during
or after the booking process, embarkation or during your
Holiday, that you are, or may become, for any reason unfit
to travel or that you may endanger or prejudice the health
or safety or comfort of you or anyone else, because of, for
example, but not limited to:
8.1.1 aggressive or abusive behaviour;
8.1.2 reasons of personal hygiene;
8.1.3 accident or medical incident prior to departure,
including on the way to the port or in the terminal that needs
medical attention ashore; or
8.1.4 failure to comply with on-board policies including
(without limitation) the Guest Conduct Policy (see clause
8.8 below & FOCL Website), Smoking Policy (see clause 17)
and Alcohol Policy (see clause 18),
then a duly authorised representative of FOCL or any
other party involved in the supply of services under your
Booking may deal with you as they consider necessary.
Such steps may include refusing to confirm your Booking,
cancelling an existing Booking, banning you from future
travel, transferring you from one Cabin or seat to another
or restraining, confining or refusing to embark you or
requiring you to disembark 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 FOCL have any liability
for prevention of boarding of any form of transport due to a
decision made by any third party.
8.2 FOCL and any other party with responsibility for
Passengers’ safety during a Holiday will have the right to make,
enforce and change (without prior notice) rules and policies
for the conduct of Passengers relating to matters including,
but not limited to, dress, behaviour, alcohol and food.
8.3 No animals (expect registered Assistance Dogs (see
clause 13 below)), dangerous articles, or controlled or
prohibited substances may be brought on the Holiday and/
8.4 For safety and security reasons it may be necessary for
servants or agents of FOCL to search Passengers, their Cabins
or their luggage. You agree to allow this to take place when
authorised by the Captain or a security or other officer of the
vessel, and to follow any instructions or orders in this regard.
8.5 You are responsible for any loss or damage caused by
you or your personal possessions during the Holiday to any
property, person, third party or to FOCL, no matter how
that loss or damage is caused. FOCL reserves the right to
demand immediate reimbursement / compensation for any
loss or damage caused by you and/or to require a reasonable
sum to be placed on account while the value of any loss or
damage is determined.
8.6 You confirm your agreement to the use of CCTV
throughout all FOCL vessels and in public areas at ports and
terminals. This is for the safety and security of Passengers
and crew. CCTV images may be retained by FOCL for a
reasonable period of time and you acknowledge that CCTV
images may be used as evidence in any claims brought
against FOCL by you or against you by FOCL. CCTV will not
be in operation in areas such as toilets or private Cabins.
8.7 FOCL reserves the right to restrict the use of recording
and photographic equipment by Passengers, where, in
FOCL’s sole discretion, its use might be perceived as invasive
or inappropriate to FOCL, it’s Passengers, crew or any third
party or where such activity might amount to a breach of
copyright or other intellectual property rights of any person
at any time. FOCL reserves the right to confiscate such
equipment from Passengers, to be returned at the end of
a cruise. In the event that a Passenger refuses to surrender
such equipment upon demand, FOCL may rely on clause 8.1
above and require you to disembark the vessel.
8.8 Passengers must read and comply with our Guest
Conduct Policy which is available on the FOCL Website
For more information, visit fredolsencruises.com, see your travel agent or call 0800 0355 122