The Small Cruise Ship Collection Booking Conditions
Please read the following booking conditions carefully as, together with your confirmation invoice and the information in the brochure and on our website (www. small-cruise-ships.com), they set out the terms and conditions of the contract between the client (“you” and “your”) and Wild Earth Travel UK Limited, trading as The Small Cruise Ship Collection with registered office address at 11-13 Maylord Street, Hereford, Herefordshire, England, HR1 2DS, company number 09329563 (“we”, “us” and “our”) in relation to your holiday, including any cruise, hotel stay and any other element of your holiday that you book with us. In addition, conditions of carriage of the cruise operator and any other third party supplier will also apply (copy available at the time of booking or on request from us, see Section “Supplier’s Conditions”).
1. Your Contract
All holidays advertised in our brochure and website are subject to availability. For all bookings, no contract will exist between you and us until we have confirmed the contract by issuing our confirmation invoice which includes details of your holiday, itinerary, deposit paid and balance due. Your contract is between us and each person over 18 years of age who is listed in the booking confirmation. By making the booking with us, the person that makes the booking on behalf of his/her party (the “lead name”), is deemed to have accepted these booking conditions on behalf of all of the persons listed on the confirmation invoice and warrants that he/she is authorised on behalf of those persons to enter into the contract.
2. Your Booking
Depending on the holiday you wish to book, there may be a minimum age for persons travelling (we will advise you when you book). The lead name on a booking, must always be a minimum age of 18 and must provide full name and date of birth as per the details in the passports of the persons travelling in that booking. The lead name is responsible for payment of the total booking price, including any insurance premiums and subsequent cancellation or amendment charges that may be payable. He or she also agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto. Cruise operators may stipulate minimum passenger ages for bookings and for cabins so please make the appropriate enquiries with us before you book. Most cruise operators will refuse permission for children aged 6 months or less (in some cases 12 months or less) to board the ship. Neither we nor the cruise operator shall have any liability for any consequences of such a refusal.
3. Insurance And medical expenses
All booked clients must obtain travel insurance to cover personal injury, medical expenses, third party risk, baggage loss, damage, cancellation and curtailment of travel and medical evacuation and repatriation. Evacuation costs from the Antarctic Peninsula can be more than $US100,000 plus medical costs, so if you are travelling to the Antarctic, please choose your insurance company carefully. Any cost or expense which is reasonably incurred by us for or on your behalf in respect of any form of medical or similar treatment, hotel, transportation, repatriation or any other expense shall be repayable by you to us, whether or not such sum is covered by your insurance. We reserve the right to take any action that we consider appropriate to recover any such cost or expense.
We reserve the right to vary particulars and prices shown in our brochure and on our website at any time after the date of publication. Prices, discounts, supplements and special offers advertised in the brochure or elsewhere may be withdrawn or changed. Prices may go up or down. We may only amend the price of your holiday after issuing your confirmation invoice in accordance with Section headed Surcharges. Prices for flight-inclusive holidays will include the amount which we are required to pay to the Civil Aviation Authority as part of the ATOL Protection Contribution (“APC”). If you choose to cancel you flight the APC will not be refundable in any circumstances.
All fares are payable in pounds sterling, as listed in our brochure and on our website .A deposit of 20-25% (Depending on the cruise) will be required to make a booking with us or occasionally up to 100% to access an early booking discount. Payment of your deposit does not mean that you have a contract with us – a contract only exists when we issue the confirmation invoice (see Section 1 above). We will generally require payment of the balance 100 days before your departure date although in some cases we may require this to be paid earlier depending on the particular cruise and this will be advised when you book and confirmed in your booking confirmation. If you do not pay the balance by the due date we have the right to treat your booking as cancelled and keep your deposit. Payment must be made bycheque, bank transfer, debit or credit card.
6. Method of payment
We accept most credit cards and payments on credit cards. We accept payment by most forms of debit card for which we do not charge a handling fee. We also accept cheques provided that cleared funds are received by us by the balance due date. We reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied to us.
7. Financial protection
We are a member of the Travel Trust Association (“TTA”) and all monies that you pay to us in respect of your holiday will be deposited into a bank account designated to hold your money on trust until your holiday with us has completed. The Travel Protection Plan covers every service which you have booked from a travel company whether it be for transport, accommodation, entertainment or recreation. It involves two aspects, firstly the Trust account operated for your benefit. The money may only be released from the Trust to pay for the services which you have booked. Secondly, there is further protection from a guarantee, the TTA will guarantee the financial obligation of its members to repay such sum to you for up to a maximum anyone passenger of £11,000. So if you paid £2,000 we guarantee we will reimburse the loss of the £2,000, where it is not available for you from the Trust account.
Therefore, the Trust Account plus the guarantee will ensure that all the money which you have paid is safely protected and available to reimburse the money paid. When you make a booking, you will be supplied with a guarantee certificate – you can see the terms of our guarantee at www.Traveltrust.co.uk/guarantee
The terms of the TTA guarantee can be found on the TTA website www.traveltrust.co.uk/guarantee. All the flight-inclusive holidays provided by us are financially protected by the ATOL scheme. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the travel services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or against your credit card issuer, where applicable). If we, or the suppliers identified on your 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) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. Payments made to our agents in respect of flight-inclusive holidays are held by the agent on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent or subsequently accepted from the consumer by their agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
8. Special requests
If you have a special request for anything that is not included in the travel arrangements that you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your confirmation invoice/receipt only confirms that we have received it and does not guarantee that we, the cruise operator or other relevant supplier, can meet with your request. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met e.g. special meal types on flights, or hotel room or cruise cabin number requests. We will not pay compensation for failing to meet a special request unless we have confirmed separately in writing that it is definitely available.
9. Twin shares
Cruise passengers travelling on their own but not wishing to pay a single supplement may sometimes be asked to share a twin or triple cabin with passengers of the same sex (subject to availability). Should the operator provide hotel accommodation, this will be on the same share basis. If a booking is accepted on this basis but we are unable to accommodate you in a twin share, then a cabin with sole occupancy will be provided, or a double for a triple share, and no single supplement will be payable.
10. Fitness for travel
You must inform us before you book if you have any health impairments, medical conditions, disabilities or mobility problems that might affect your ability to proceed with travel. We may require you to complete a medical questionnaire, provide a doctor’s certificate or such other documentation relating to such disability, medical/mobility problem or condition or fitness to travel as we or our suppliers consider necessary before any booking can be made. We reserve the right to decline any booking if we consider that the holiday you want to book would not be appropriate for you taking into account any such health or medical conditions, disability or mobility problems (see also Section 11 below). In addition, you may not be permitted to participate in certain activities or programs either on board the ship or onshore at ports of call if to do so would create a risk of harm to yourself or any other person. You acknowledge that medical care while on a cruise ship may be limited or delayed and that the ship may travel to destinations where medical care is unavailable. We and our third party cruise operators reserve the right to refuse passage if, in our opinion, you or any member of your party is unfit for travel or in a condition which may constitute a danger to yourself or themselves or others on board. We cannot be held responsible if you fail to tell us about a special needs/requirements that will affect your holiday experience and this means we will not compensate you if an incident does occur.
11. Disabled travellers and passengers with reduced mobility
Some of our trips may not be suitable for disabled or passengers with reduced mobility. Please discuss your specific needs with us before you book. In addition, due to the small size of the majority of the cruise ships we offer and the safety constraints of the ships, as well as certain international safety requirements, shipbuilding requirements and/or applicable regulations, we may not be able to accommodate mobility impaired persons or persons with severely impaired sight and/or hearing. If you use a wheelchair and the third party operator of your cruise confirms to us that a wheelchair can be accommodated on board the ship, you must furnish your own standard size wheelchair and be accompanied by a travelling companion fit and able to assist you. For convenience and comfort collapsible wheelchairs are strongly recommended. Standard cabins on cruise ships are not designed to be barrier free and wheelchair accessible. Cruise ships’ wheelchairs, if supplied, are for emergency use only]. We and our third party cruise operators reserve the right to refuse passage to you if you fail to notify us and our third party cruise operators of such disabilities or need for assistance.
You must advise us before booking if anyone in your party is pregnant and you must advise us at any time after booking if you become aware that anyone in your party is pregnant. Ships may not have adequate medical facilities for childbirth on board and generally ships will not carry you if you have entered or passed a certain week of pregnancy at any point in your cruise and in some cases, may not agree to carry you. All pregnant women who travel with us must produce a doctor’s or midwife’s letter stating that mother and baby are in good health, fit to travel and that the pregnancy is not high-risk. The letter must also include the estimated date of delivery (EDD) as calculated from both the last menstrual period (LMP) and ultrasound if this has been performed. We cannot accept a booking or subsequently carry you unless you comply with this section. If you are pregnant and made a booking (or made a booking on behalf of a pregnant passenger) before it could reasonably have been known that you or the passenger would not be able to join the cruise, if we can obtain a refund or part refund of the cruise element of your booking from the cruise operator, we will pass this onto you, but we shall otherwise have no liability whatsoever to you, to provide a refund of other arrangements you have booked with us (such as flights or accommodation). We and our third party cruise operators expressly reserve the right to refuse passage on board to you if you appear to be in an advanced state of pregnancy and we shall not have any liability whatsoever in respect of either such refusal and/or your carriage.
13. Surcharges – Price increases After Booking
After you have booked, the price of your cruise holiday may change due to changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates. However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your holiday, which excludes insurance premiums and any amendment charges, and you will be charged for the amount over and above that. If this means that you have to pay an increase of more than 10% of the price of your cruise holiday, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on the amended confirmation invoice. We will consider refunding insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that holidays are not always purchased in local currency and some apparent changes have no impact on the price of your cruise holiday due to contractual and other protection in place.
14. Changes made By us or Cancellation By us Before travel
We try to avoid making changes to your holiday once you have booked but from time to time we may have to and we will tell you as soon as possible. If the change we make significantly alters an essential term of your contract or if we cancel your holiday, you will have the following rights: either to take an alternative holiday of equivalent or closely similar standard and price if we can offer you one; or take a less expensive holiday if we can offer you one, in which case we will refund the difference in price; or if you prefer, you can cancel your holiday and we will attempt to recoup your funds from the cruise operator, except for any amendment charges, the cost of insurance we have taken out on your behalf to provide financial security for your booking, any flight booking fees paid and a £40 per person administration fee. You must advise us of the option you want to take as soon as possible. We may also pay you compensation in appropriate circumstances unless the change is as a result of circumstances listed in the Section below headed “Circumstances Beyond our Control” there is insufficient demand for your particular cruise holiday and we have previously advised you that the tour requires a minimum number of passengers to go ahead.
15. Changes requested by you
If you want to change any of the travel arrangements you have booked, we will try to help you, however this is always subject to availability and we cannot guarantee that we will be able to do this. Whilst accommodation changes may be possible, changes to your cruise or other transport will not usually be permitted by the cruise or other transport operator. Flights booked with us are usually non-refundable and non-changeable. Changes such as name changes, destination and date changes can be treated by suppliers as a cancellation and rebooking and so these could incur a cost of up to 100% of the ticket price, which we would pass on to you. In addition to any difference in price for the changed arrangements, you must also pay an amount to cover our administration costs. Our administration charges are currently £40 for each person on the booking and for each item that you want to change. Also note that the transport provider may refuse to issue replacement tickets for lost or stolen tickets and new tickets may have to be purchased by you. The cost of the new ticket may be greater than the cost of the original ticket.
16. Cancellation By you
You are entitled to cancel your holiday at any time by notice to us in writing. Cancellation charges will apply and will vary depending on how much notice you give us. Cancellation before 100 days prior to your cruise will mean loss of deposit. If you notify us less than 100 days before your departure date, 100% of the price for your holiday will usually be due as a cancellation charge. Flights are non-refundable irrespective of when you notify us. We will apply charges from the date we receive the notice from you. If you do cancel, you must still pay any insurance premiums and administration charges, which arose before the cancellation.
17. Changes made after travel
If, after your departure, a significant part of your holiday cannot be provided, you will be offered a suitable alternative if possible. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, we will return you to the place of your departure. If appropriate, we will also pay you compensation, unless your return has been due to any circumstances listed in the Section “Circumstances Beyond Our Control”. The amount of compensation will be reasonable, taking account of all the circumstances.
18. Circumstances Beyond our Control
Except where we say differently elsewhere in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your cruise holiday after departure, or we, or our suppliers, cannot supply your holiday, as we, or they, had agreed, or you suffer any loss or damage of any description. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, war, terrorist activity, civil unrest, industrial dispute, disease and bad weather (actual or threatened). Cruise ships are also at liberty to deviate from the advertised route and to call (or omit to call) at any port or place to tow and assist vessels and to offer or render assistance to preserve life or property or for any other reason or purpose which in the judgment of the Master of the ship (whether alone or acting on advice from others) is reasonable including, but not limited to, weather conditions, operational matters, the medical condition of anyone on board or the safety, comfort or convenience of passengers. Such deviation shall not give rise to any liability on our part and shall not represent a significant change to the holiday.
19. Contagious or infectious diseases Affecting your Cruise
The cruise operator may refuse to embark or may disembark at any port or place any customer who, in the opinion of the ship’s Master, ship’s medical personnel or other authorised ship’s officer, might be excluded from landing by Immigration or other Governmental Authorities at the destination or who may be suffering from contagious or infectious disease or whose presence, in the opinion of the Master, may be detrimental to the comfort or safety of other customers or the crew. In such cases you shall not be entitled to any refund of the cruise holiday cost or compensation of any kind. Additionally, we will have no liability for any costs or expenses you incur as a result. In cases of quarantine of the ship involving your detention, you must bear all risk and expense thereby caused and will be charged for food and accommodation during the period of detention, payable day by day, if maintained on board the ship, and for all other quarantine fees and expenses assessed or incurred by you.
20. Our liability to you
a. Our obligations and those of our suppliers providing your holiday included in your contract with us, are to take reasonable skill and care to arrange for the provision of your holiday and, where we or our supplier is actually providing the service or facilities forming part of your holiday, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements will be proper performance of our, and our suppliers’, obligations. However, reasonable skill and care does not necessarily mean compliance with each and every local law and regulation, particularly where these impose absolute obligations. You must show that reasonable skill and care has not been used if you wish to make any claim.
b. Subject to Sections 20a) & 20c), should any part of your holiday not be as described in the relevant brochure, on our websites or elsewhere by us (as applicable to your method of booking) we will have liability to you and we will, subject to Sections 20d), 20e) & 20h), pay you reasonable compensation. The maximum we will pay you in any circumstances is twice the price of the holiday. This maximum will only be payable when every aspect of your holiday has gone wrong and you have not received any benefit from your holiday. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us. We don’t limit our liability in relation to any personal injury or death as a result of an activity forming part of your holiday (excluding Overseas Booked Excursions see Section entitled “Excursions”) due to our failure to use reasonable skill and care.
c. Notwithstanding other paragraphs in this Section 20, we shall not be liable to the extent that the cause of the failure in your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you, or attributable to someone unconnected with the cruise holiday and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
d. International Conventions in respect of international air travel include the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/or for airlines with an operating licence granted by an EU country, which the EC Regulations on Air Carrier Liability No 889/2002 for national and international travel by air has given effect to). Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any flight arrangements (including the process of getting on and/or off the aircraft concerned) provided by any air carrier where we have arranged the flight as part of our contract, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or part of claim if we are found liable to you on any basis is limited to the most the carrier concerned would have to pay under the International Convention or Regulations which applies to the flight in question. Please note: for all such claims (including those involving death or personal injury) where the carrier is not obliged to make any payment to you under the applicable International Convention or Regulation (including where the claim is not notified or issued in accordance with the time limits stipulated) we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money that you have received or are entitled to receive from the airline for the complaint or claim in question. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable Convention or Regulation.
e. Carriage of passengers and their luggage by sea is governed by the Convention Relating to the Carriage of Passengers and Their Luggage by Sea 1974 (as amended) (“the Athens Convention”) and this applies to the cruise element of your holiday as well as the process of getting on or off the ship concerned. You can get copies of this Convention if you ask us. The Athens Convention is expressly incorporated into these booking conditions and our liability for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be determined accordingly. In most cases, the Athens Convention limits the carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to you unless you give us or the cruise operator written notice: (i) in the case of apparent damage, before or at the time of disembarkation or redelivery of luggage; (ii) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place. Any damages payable by us up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by you and by the maximum amount deductible as specified in Article 8 (4) of the Athens Convention.
f. All carriage (by land, air and sea) is subject to the terms and conditions of carriage of the actual carrier (which may be our third party cruise supplier or their subcontractor). Such terms may limit or exclude liability, are expressly incorporated into these booking conditions and also form the terms and conditions of separate contracts between you and the particular carrier as contained in the carrier’s ticket which is provided to you before your scheduled departure date. You can get copies of the relevant terms and conditions if you ask us.
g. Notwithstanding that the cruise is performed on a cruise ship not owned by us, it is agreed that we shall at all times nevertheless be deemed a ship owner for the purposes of the Convention on Limitation of Liability for Maritime Claims 1976 (as amended by the Protocol of 1996 or otherwise and as in force in any relevant jurisdiction from time to time), and so are entitled to limit our liability under its terms.
h. You must assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled “If You Have A Complaint”.
i. If you or any member of your party suffers during your holiday any difficulty through misadventure as a result of any activity which does not form part of your contracted holiday arrangements, we will offer you prompt assistance. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £1,000 per booking and is subject to you notifying us that you require such assistance within 30 days of the incident. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
j. Other than as set out above, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your cruise holiday.
21. delay to or Cancellation of flight
Notwithstanding Section 20, where a flight is cancelled or delayed. or boarding denied by the carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, you must claim the appropriate sums under those Regulations from the air carrier. Any sums received constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions and which fall within the scope of the Regulations. If for any reason you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.
The amount of compensation that the ship operator or we will pay for any loss or damage to luggage is limited in accordance with the Athens Convention listed in the above and below sections on ‘Our Liability to You’. For claims for missing or damaged baggage you must follow the rules on the back or your ticket or contained within the carrier’s conditions of carriage.
23. Suppliers’ Conditions
Our third party cruise operators and other suppliers may have their own booking conditions and conditions of carriage and you will be bound by these, so far as the relevant supplier is concerned. The suppliers’ conditions will also apply to your contract with us, and in the event of any conflict between the suppliers’ conditions and our conditions, the suppliers’ conditions will prevail, save to the extent that any term in the suppliers’ conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our suppliers’ conditions may limit or exclude liability on the part of the relevant operator and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and are often subject to International Conventions. Where relevant, copies of such conditions are available on request from our office or on the website of the relevant operator.
Your tickets and any other documents relating to your booking will be sent to the address which you give us at the time of booking, or may be delivered by e-mail in the form of an e-ticket if you supplied an e-mail address at the time of booking. Provided you have paid the total cost of the travel arrangements, we will endeavour to dispatch your tickets to you at least 2 weeks prior to the commencement of the holiday you have booked with us. IT IS IMPORTANT THAT YOU CHECK ALL DETAILS OF YOUR TRAVEL DOCUMENTS BEFORE LEAVING THE UK. IF THERE ARE ANY INACCURACIES OR YOU HAVE ANY OTHER QUERY PLEASE CONTACT US IMMEDIATELY.
25. Travel timings
All means of transportation including your cruise are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations. It is your responsibility to ensure that you reconfirm the departure date and times of all flights at least 72 hours before departure. This is particularly important in respect of subsequent journeys after you have left the UK.
26. Embarkation And Check-in
To comply with Government and security requirements, cruise ship operators will require you to register your details with them in advance of travel and may also ask you to complete an online check-in process. We will include details of advance registration and online check-in procedures (as applicable to each cruise operator) on your confirmation invoice or with your tickets where known but it is your responsibility to check the relevant cruise operator’s registration and check in process. Failure to submit the requested information accurately and in full may result in delays at the cruise terminal and you may be denied boarding onto the cruise ship. We accept no responsibility for such consequences. Please also note carefully information regarding embarkation times and departure times of your cruise ship. You are advised to be on board the ship a minimum of 2 hours before the departure time (in some cases 1 hour before departure time is permitted at ports of call but check with the cruise operator first).
27. Own travel Arrangements
Customers who make their own travel arrangements take responsibility for those arrangements and we shall have no liability in respect of those arrangements. It is your responsibility to ensure that you arrive at the port of embarkation for a ship on time. If you do not arrive to embark on time at any port or place then we shall have no liability in respect of the consequences. In respect of cruises, the cruise operators shall not be obliged to delay or deviate from the intended itinerary and you must bear any and all costs arising as a result. Costs associated with transportation to rejoin the cruise ship such as, but not limited to, Government fees, visa fees, subsistence, lodging, air fare, launch fare, car hire or agency fees shall be borne by you. If you fail to check in on time, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist you in making alternative travel arrangements, any cost or loss incurred as a result will be your responsibility. If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us. No refund can be made for any unused arrangements.
28. Gratuities And service
Charges Cruise operators’ policies regarding on board gratuities and/ or service charges for the services provided by their staff vary. Most cruise operators apply one or more of the following policies: gratuities or service charges may be left to your discretion; a daily charge may be automatically added to your on board account which can be removed on request; a charge may be included in the price of our cruise holidays, which you pay in advance of travel. Where this applies it may be possible to ask for the charge to be removed and added to your on board ship account. Some cruise operators may apply a compulsory daily service charge to your on board account but do not expect you to tip at all during the cruise. Whichever scheme the cruise operator uses, you will be required to abide by their gratuity/service charge policy and must settle your account in full before disembarking the ship at the end of your cruise. Where we are made aware of a cruise operators policy on gratuities or service charges details will be provided either at the time of booking, on our invoices or with the cruise operators tickets.
29. Travel Advice
For up to date UK Government health and travel advice (including passport and visa requirements) please contact the Foreign and Commonwealth Office Travel Advice Unit. The FCO may have issued information about your holiday destination. You are advised to check this information on the FCO website: visit www.fco.gov.uk. Alternatively call 0845 8502829.
30. Passports And visas (British Citizens) And health requirements
It is your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visa and that you have obtained any necessary vaccinations to gain entry to any country you are visiting. It can often take some time to obtain a passport or visa therefore you should apply well in advance. In peak periods it is advisable to allow at least 4 weeks. General information on passport and visa requirements for British Citizens is available through our website or within the details sent to you. However, passport and visa regulations and health requirements can change at any time, therefore, we recommend that you check passport/ visa requirements with the Embassy or Consulate of the country you intend to visit and that you consult your GP or the Foreign Office (www.fco.gov.uk) regarding health requirements or visit websites such as www.nathnac.org and www.hpa.org.uk for information. We will have no liability to you if you or any member of your party travel without the correct passport and visa or without the necessary vaccinations, and you will have to pay to us any costs which we incur through helping you because of any such failure on your part.
31. Your responsibility
We want all our customers to have an enjoyable and carefree trip. But you must remember that you are responsible for your actions and the effect they may have on others. If we (or another person in authority) believe your actions could upset other customers, our suppliers or our own staff, or put them in danger, your holiday/travel arrangements may be ended and this could mean we or our suppliers may either ask you to leave your booked accommodation, or prevent you from boarding the ship. Our suppliers will deny boarding or impose additional conditions of carriage on any passenger who, for example, is intoxicated and/or disruptive on board ship. If this happens, we will not pay compensation, make refunds, or cover any expenses you suffer as a result. If your behaviour or the behaviour of any members of your travelling party causes any ship to be diverted we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion. We cannot accept liability for the behaviour of others in your accommodation or cruise ship, or for any facilities/services withdrawn as a result of their action.
32. Your safety And security
We expect at all times that you conduct yourself in a proper manner and with due regard for the health, safety, comfort, enjoyment and general well-being of all persons both on board the cruise ship and involved in the provision of any service or facility forming part of the cruise or any Excursion (including Overseas Booked Excursions or Pre-booked Excursions), and, by booking with us, you expressly agree to this. If it appears that your conduct, behaviour or health is such as to be a breach of this requirement or your behaviour, health or conduct is likely to endanger your own health or safety or that of any other passenger or crew or may make you likely to be refused permission to go ashore at any port or may make us liable for the costs of any medical treatment and/or maintenance and support and/or repatriation, then we and our third party cruise suppliers and/or the cruise ship’s Master shall have the right to take any one or more of the following measures as may appear to be reasonable and appropriate in the particular circumstances – 1. refuse to embark or to disembark you at any port or other place of call; 2. disembark you; 3. transfer you to another berth; 4. confine you to a particular stateroom or to the cruise ship’s medical centre (if applicable); 5. through the cruise ship’s doctor (if applicable) and/or his staff, administer any drug, medicine or other substance of a similar nature, or admit and/or confine you to a hospital or any similar institution at any port as the cruise ship’s doctor may consider necessary. In the event of any action taken pursuant to this section of the Booking Conditions, neither you nor (at our and our third party cruise supplier’s discretion) any other person travelling with you (whether or not under the same booking) shall be entitled to make a claim against us for any loss or expense incurred as a result of such action, whether for a full or partial refund of the price or for any other form of compensation or for the cost of returning to the UK or to any other place or for any other form of loss or expense whatsoever. Where you are repatriated pursuant to this section at our expense, we reserve the right to recover our costs.
Excursions include, but are not restricted to, any sightseeing trips, events or other tours. Some excursions may be included in the price of your cruise and so form part of your cruise holiday package contract with us. Some excursions may not be included in the price of your cruise holiday and may be pre-bookable with us and paid for in advance of your holiday for an additional payment (“Pre-booked Excursions”). Some excursions can either be booked and/ or paid for on cruise ships (“Overseas Booked Excursions”). All excursions are supplied by third party suppliers and are subject to the section entitled “Suppliers’ Conditions” above. We accept, subject to the Sections entitled “Suppliers’ Conditions” and “Our Liability to You” above, responsibility for Pre-booked Excursions. However, Overseas Booked Excursions do not form part of your booking with us and are not governed by the Package Travel, Package Holiday and Package Tours Regulations 1992. We do not have any responsibility or liability whatsoever for anything which may go wrong on an Overseas Booked Excursion. We, our servants, employees or agents are acting, depending upon the actual Overseas Booked Excursion, either as agents for the relevant Overseas Booked Excursion supplier or as agent for you. In any event the contract for any Overseas Booked Excursion is between you and the Overseas Booked Excursion provider. It is your responsibility to note carefully any conditions of contract contained in any Overseas Booked Excursion, literature, ticket or receipt you are given. For Overseas Booked Excursions you may be subject to the laws of the country in which you take your excursion and may be required to bring any disputes or claims before the courts of that country also.
34. Guides And wildlife sightings
We reserve the right to substitute any named guide, guest lecturer or other escort with an alternative qualified person and this will be deemed a significant change to your holiday. It is not possible to guarantee any wildlife sightings.
If you have a problem during your holiday, please inform the cruise operator or other relevant supplier as well as The Small Cruise Ship Collection, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to The Small Cruise Ship Collection at 11-13 Maylord Street, Hereford, Herefordshire, England, HR1 2DS or email us at info@small-cruise-ships. com giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form at the time. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
36. Data protection
By making a booking with us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers, such as hoteliers and airlines, and may involve sending your information to countries that do not have an equal level of privacy legislation to that in the UK); for market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as Banks and credit card companies); for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration) and for marketing contact by means of post or telephone to provide you with offers, products and services from The Small Cruise Ship Collection. If you have booked with us via our website, or if you have chosen for us to contact you by e-mail, we will communicate with you using the e-mail address you have provided to supply you with your travel documentation. We are entitled to assume that the e-mail address you have provided is correct and that you understand and accept the risks associated with using this form of communication. Please note that you may still need to contact us by post or via our call centre as required by our booking conditions. If you wish to make a data subject access request for a copy of any personal data we hold on you, please write to: The Small Cruise Ship Collection, 11-13 Maylord Street, Hereford, Herefordshire, England, HR1 2DS, or email us at email@example.com. If you wish to opt out of receiving marketing communications from us, please advise one of our sales consultants or make the appropriate opt out choices on the website when you book.
37. Law And jurisdiction
Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate), can deal with any disputes.