and in all Cabins on FOCL vessels and, together with these
Conditions, forms part of your Booking.
8.9 When in port, you are responsible for ensuring that you
embark the vessel in advance of the advertised sailing times.
FOCL will not delay the vessel’s departure should you fail to
embark the vessel at the correct time. In such circumstances
where you fail to embark the vessel prior sailing, you will not
be entitled to any refund, compensation, or contribution to
or reimbursement of travel costs or expenses, and you will
be liable to pay any fines, losses and/or immigration costs.
9.1 FOCL and any other party that may be involved in
the supply of services in connection with your Holiday
(including, without limitation Third Party Service Providers,
FOCL’s agents and employees and the owners and crew of
any vessels involved in performing the services) shall be
entitled, to the fullest extent possible, to benefit from the
rights, defences, immunities and exclusions and limitations
of liability in these Conditions and any conventions,
regulations, rules, directives, laws, statutes, statutory
instruments and/or other relevant forms of regulatory
codification (whether international, national, local or
otherwise) that might apply from time to time, including
(without limitation) those relating to:
9.1.1 carriage by sea (e.g. the Athens Convention 1974 (as
amended) (“the Athens Convention”));
9.1.2 air (e.g. the Warsaw Convention 1929 (as amended
by The Hague Protocol 1955) and/or the Montreal
9.1.3 inland waterways (e.g. the Strasbourg Convention (as
defined above)); and
9.1.4 hotel stays (e.g. the Paris Convention 1962). Nothing in
these Conditions shall be deemed as a waiver thereof.
9.2 FOCL’s liability for any act, omission or other occurrence
that falls outside the scope of the Conventions will be limited
to the greatest extent permitted by law, save that FOCL’s
liability for the loss of any money, jewellery, valuables or
medication shall not exceed £250 per Passenger per Holiday.
9.3 Save as provided otherwise in these Conditions,
where arrangements are made for the transportation
of Passengers, their luggage and personal property,
accommodation and other requirements arising from
time to time that are ancillary to the cruise element of the
Holiday, any terms and conditions, rules and regulations of
airlines, owners or operators of any other ship and/or other
providers of services such as transfer operators, hotels, etc.
shall apply to the provision of the service in question, along
with these Conditions. Where there is a conflict between
these Conditions and any other terms that might apply
pursuant to this clause 9.3, these Conditions will prevail.
9.4 River Cruise Bookings will be subject to the same limits
of liability for loss or damage to luggage as ocean cruises,
notwithstanding that the Athens Convention may not apply
on its own terms.
9.5 FOCL accepts no liability for loss or damage caused to
you where such loss or damage:
9.5.1 is attributable to your error or omission; or
9.5.2 is unforeseeable and unavoidable and attributable to
any third party provider of services whose services are not
part of the Holiday; or
9.5.3 is due to a Force Majeure Event or an event which
FOCL or another operator or supplier of services could not
reasonably be expected to foresee or forestall including
but not limited to unusual weather, sea or river conditions,
including unusually high or low water.
9.6 FOCL accepts no liability in respect of arrangements
or commitments made by you or on your behalf that
are not part of the Holiday, including, but not limited to
arrangements that you make directly, or via FOCL acting as
agent only, with a service provider other than FOCL.
9.7 FOCL shall not in any circumstances be liable to a
Passenger for any loss or anticipated loss of profits, loss of
revenue, loss of use, loss of contract or other opportunity
nor for any other consequential or indirect loss or damage.
9.8 Passengers are advised, wherever possible, not to pack
money, jewellery, other valuables or medication in their
luggage and must ensure that their personal possessions
and valuables are with them at all times (subject to any laws
and regulations that might prohibit this, e.g. restrictions on
the carriage of liquids in hand luggage on-board flights).
9.9 All carriage (by land, air, sea and inland waterway) is
subject to the conditions of carriage of the actual operator
/ carrier. These may limit or exclude the operator’s liability.
Save as otherwise provided in these Conditions, the
operator’s / carriers’ conditions of carriage are expressly
incorporated into the Booking and are deemed to be
expressly accepted by the Passenger at the time of the
Booking. FOCL shall be entitled to benefit from any limits
or exclusions of liability contained within and under no
circumstances shall FOCL’s liability exceed that of the
operator / carrier in question. Copies of any applicable
operator / carrier terms and conditions are available on
request from FOCL. Where there is a conflict between these
Conditions and any other terms that might apply pursuant to
this clause 9.9, these Conditions will prevail. This clause 9.9
does not apply to River Cruises.
9.10 In the event that an unplanned stay of one night or
more becomes necessary as a result of a cancellation or
delay, FOCL shall use reasonable endeavours to provide
adequate accommodation either on-board or ashore,
and transport to and from the port terminal and place of
accommodation. FOCL reserves the right, at its discretion,
to limit its expenditure in these circumstances to EUR 125
per Passenger per night, for a maximum of five nights
(excluding transport costs). Passengers may be required to
pay any balance in the cost of accommodation.
10.1 FOCL will respond to issues raised by Passengers in
accordance with ABTA’s Code of Conduct.
10.2 Where an issue arises that could give rise to a
complaint against FOCL, you agree to follow the following
dispute resolution procedure. Please see clause 10.9 below
for the procedure that applies in relation to Third Party
Service Providers. FOCL will not consider any claim for
compensation from third parties (including lawyers) unless
and until sub-clauses 10.2.1 to 10.2.3 below have been fully
10.2.1 You must discuss any issues which could give rise
to a complaint as soon as practicable with the vessel or
hotel management, airline staff or other supplier of the
10.2.2 If the matter is not rectified to your satisfaction, you
must address any complaint to FOCL in writing within 14
days of the conclusion of the Holiday. FOCL will provide a
full response within 28 days.
10.2.3 If the parties cannot reach an agreement by engaging
in the steps set out above, the Passenger and FOCL agree to
refer the dispute to the ABTA Conciliation Scheme.
10.2.4 If the parties fail to reach an agreement having
exhausted the steps set out above then they may refer
the dispute to arbitration, subject to the rules of the ABTA
Arbitration Scheme, or issue proceedings at Court.
10.3 In the case of any claim for loss, damage or delay to
luggage please note that:
10.3.1 it is assumed that luggage has been delivered
undamaged to you unless notice is given immediately
10.3.2 you must immediately claim against the carrier or
carriers directly responsible for performing the carriage
where the loss or damage happened, when the loss or
damage becomes apparent, and in any event within 15 days
from the date of redelivery, or when redelivery should have
taken place; and
10.3.3 if you wish to make a claim against FOCL, you
must follow the dispute resolution procedure at clause
10.4 You may be required to assign your rights against any
carrier or other third party to FOCL as a condition of any
settlement entered into between FOCL and you.
10.5 Any settlement paid by FOCL will be reduced:
10.5.1 to take into account any contributory negligence of
the Passenger; and
10.5.2 by the maximum deductible payable under any
10.6 Unless a longer period is provided for by force of law,
any claim shall be time barred if proceedings are not issued
within 2 years of the end of the Holiday (i.e. the date that the
vessel berths for disembarkation or for any Fly Cruise, the
date that the return flight lands at the arrival airport).
10.7 No claims or complaints will be considered by FOCL
unless all on-board debts have first been settled in full, in
accordance with clause 3.7 above.
10.8 In circumstances where, in FOCL’s sole discretion,
the commercial relationship between FOCL and you has
irrevocably broken down for any reason, FOCL will be
entitled (but not obliged) to exercise its right to cancel any
future bookings in accordance with clause 7 above and to
refuse to take any Bookings from you in future.
10.9 Third Party Services do not form part of your Booking
with FOCL and FOCL is not responsible for any act or
omission of Third Party Service Providers. However, as part
of its commitment to customer service, FOCL will, at its
discretion, take reasonable steps to assist Passengers with
issues arising with Third Party Service Providers, subject to
the following procedure being followed:
10.9.1 Where possible, you must discuss with the Third
Party Service Provider any issues which could give rise to
a complaint, as soon as practicable and before escalating
your complaint through other channels.
10.9.2 If the issue is not resolved immediately, it should be
notified to an FOCL representative on-board the vessel,
hotel management or the FOCL Tour Manager.
10.9.3 If the matter cannot be swiftly resolved by following
the steps above, the Passenger must address its complaint
to FOCL in writing as soon as possible after the cause of the
complaint has arisen.
10.9.4 FOCL will take reasonable steps to assist the
Passenger to resolve their complaint, either by liaising with
the Third Party Service Provider on the Passenger’s behalf,
or by putting the Passenger in touch with the Third Party
10.9.5 If these steps do not lead to a resolution, then it is
the Passenger’s responsibility to pursue the matter further
against the Third Party Service Provider.
10.9.6 For the avoidance of doubt, nothing in this clause
10.9 shall be taken as an admission or acceptance of liability
by FOCL for the circumstances giving rise to a complaint
against a Third Party Service Provider.
11. MEDICAL ASSISTANCE
11.1 All Passengers must ensure that they have travel
insurance that provides adequate cover taking into account
their personal circumstances; that all known medical
conditions have been declared to their insurers; and that,
where necessary, special provision has been made for any
medical condition they have to ensure that they are not left
in a position where significant uninsured medical expenses
might be incurred.
11.2 Each vessel (River Cruise vessels excluded - see clause
21) has on-board a qualified doctor and a medical centre
equipped for first aid and minor conditions only. You hereby
acknowledge and accept that the medical centre is not
equipped like a land based hospital. The medical staff do not
have expertise in any specialist fields of medicine, including
paediatrics. Neither FOCL, the on-board medical staff nor
the carrier shall have any liability for losses suffered (including
through illness, injury and/or death) as a result of a medical
condition, the treatment of which requires expertise beyond
that held by the on-board medical staff or equipment or drugs
beyond what is carried on board. Passengers acknowledge
that if the risk of them requiring specialist or emergency
treatment is elevated to any material extent (however slight)
by comparison to a person without the condition in question,
then they must not embark on the vessel, as to do so would
put them and/or other Passengers at risk. FOCL accepts
no liability for Passengers that breach this clause 11.2, and
any Passenger embarking on a cruise with such a medical
condition does so entirely at their own risk.
11.3 FOCL may afford Passengers assistance if they suffer
illness, personal injury or death during their Holiday. Such
assistance may take the form of advice, guidance or initial
financial aid where appropriate and is subject to FOCL’s
complete discretion. Where a Passenger lacks the capacity to
decide on any assistance to be provided or where, in FOCL’s
sole discretion, the provision of assistance is necessary
to ensure the safety of the either the Passenger, other
Passengers or any other person, the Passenger gives FOCL
irrevocable authority to organise any necessary assistance
on their behalf. All expenses (including without limitation
those associated with medical treatment, repatriation
expenses, travel expenses and the cost of local assistance
e.g. from a port agent) incurred in providing assistance to
Passengers under this clause 11.3 shall be for the Passenger’s
account and the Passenger hereby indemnifies FOCL in
full for such expenses and undertakes to repay them on
demand (whether or not the Passenger has insurance cover
for some or all of the expenses). The Passenger gives FOCL
authority to contact any third party including their general
practitioner or other medical practitioner and/or insurers to
obtain any necessary information or documentation.
11.4 It is a Passenger’s obligation and responsibility to
seek medical assistance if necessary during the Holiday
and the Passenger will be solely responsible for paying for
any on-board medical services including but not limited to
any medical treatments provided and repatriation services,
which will be charged on the same basis as private medical
health care. Medical services provided on-board are outside
the ambit of the UK National Health Service.
11.5 In the event of illness or accident, Passengers may
have to be landed ashore for medical treatment and FOCL
reserves the right to charge Passengers a medical assistance
fee, in return for services provided. Should a Passenger
decline to pay the medical assistance fee, then they will be
liable for making all of their own arrangements associated
with their medical disembarkation, for example but not
limited to, transport, hotel arrangements, contact with their
insurance company and setting up their initial case, etc. with
no assistance from FOCL or their port agent.
11.6 Medical facilities and standards vary from port to port.
FOCL makes no representation and accepts no responsibility
for the quality of any medical facilities or treatments at any
port of call or at the place at which the Passenger is landed.
Passengers acknowledge that it is not possible for FOCL’s
employees, servants or agents to remain ashore when a
For more information, visit fredolsencruises.com, see your travel agent or call 0800 0355 122