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BOOKING CONDITIONS – TAILOR MADE
It is important that you read these booking terms and conditions prior to making your booking as they will form the basis of your contract with us.
- 1. YOUR HOLIDAY CONTRACT
1.1 The following terms and conditions form the basis of the contract between you and Holiday Malta Limited trading as Belleair Cruise. Our registered office is at 40/42 Kenway Road, Earls Court, London, SW5 0RA and our company number is 01595024. This contract is made in accordance with these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
- 2. YOUR FINANCIAL PROTECTION
2.1 For flight-based holidays this is through our Air Travel Organiser’s Licence number 2624. 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 will provide you with the services listed on the ATOL Certificate (or suitable alternative). In some cases, where we are not 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 your credit card issuer where applicable). If we 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.
2.2 When you buy a package that doesn’t include a flight, protection is provided by way of an insurance policy with Advantage Financial Services.
- 3. OUR AGREEMENT WITH YOU
3.1. When you make a booking you guarantee that you have the authority to accept, and do accept, on behalf of your party the terms of these booking conditions. You will also become directly responsible for the payment of the total holiday price and if applicable and appropriate, any cancellation charges.
3.2. All bookings are subject to availability at the time of booking.
3.3. The names of all passengers must match the spellings against each passenger’s passport. Any errors or amendments may incur in a charge from the cruise operator, tour operator and/or Belleair Cruise.
3.4 A contract will exist as soon as we issue a booking reference and/or confirmation invoice. In the event that your booking is made by a travel agent a contract will exist once you ask the travel agent to confirm the booking and a booking reference has been issued to you subject to section 22 below (System Errors).
3.4. A booking confirmation will be sent to you via email or post. You must check the confirmation invoice and advise us immediately of any queries within 24 hours of receipt. Failure to do so may incur a further cost to you if we attempt to rectify any errors after this period.
3.5. We will only accept bookings if the lead name of the booking is over 18 years of age. Any passengers under the age of 18 at the time of departure must be accompanied by an adult.
3.6. In all bookings we act as principals in the provision of your holiday.
- 4. ABTA
We are a member of ABTA, membership number Y6183 and P6812. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. More information about the scheme is contained in section 14, ‘If you have a complaint’.
- 5. YOUR HOLIDAY PRICE
5.1. We reserve the right to alter the prices of any of the holidays advertised in any forms of media. Please note that prices may go up or down prior to booking. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. Please note that all holidays remain subject to availability at all times.
5.2. When you make your booking you must pay a minimum deposit of £200 per person. The deposit payable may vary according to destination and product. You will be advised of the deposit before your booking is confirmed. Please note that if your booking includes a flight, the price of the flight may be payable in full at the time of booking depending on class of fare booked.
5.3. The date on which the balance of the holiday price is due will vary according to your chosen holiday. The balance due date will be confirmed by your cruise executive or via our website, however in all circumstances this will be no later than 12 weeks before departure.
5.4. If the deposit and/or balance are not paid on time, we shall cancel your travel arrangements and retain your deposit if applicable. You may also be charged any appropriate cancellation charges if application under section 7.
5.5. No person will be allowed to travel unless the company has received cleared funds, or evidence of cleared funds, prior to your date of departure.
5.6. All monies paid to the travel agent are held on our behalf at all times. Where the booking was made via an agent you will have to provide us with documentary proof that you have paid the travel agent e.g. credit card statement, in order for us to claim any payment from the agent in the unlikely event that payment issues arise.
5.7. If you are paying by credit card (Visa/MasterCard) you will incur a credit card fee of 2%. This will be notified to you prior to confirming your booking. No charges will be incurred for payments made by debit card.
5.8. All prices quoted are in pounds sterling and must be paid in this currency.
5.9. Please note: In the event of any conflict between any special offers on our website and the price quoted by our reservations departments the price quoted by our reservations department will prevail.
5.10. 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 mean that the price of your travel arrangements may change after you have booked.
5.11. There will be no change within 30 days of your departure and we will absorb any variation up to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. In either case there will be an administration charge of £1.00 per person together with an amount to cover agents’ commission.
5.12. If this variation means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may either accept alternative travel arrangements if we are able to offer them (if this is not of equivalent or higher quality you will not have to pay more but if it is of a lower quality you will receive a refund of the difference in price), or cancel your travel arrangements and receive a full refund of all moneys 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 your final invoice.
5.13. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
5.14. 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 travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
5.15. When you buy a flight based package holiday, all monies you pay to the travel agent are held by him on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligations 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 you by him, is and continues to be held on behalf of the and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. For any non-flight based holidays, all monies you pay to the travel agent are held by him on our behalf at all times.
- 6. IF YOU CHANGE YOUR HOLIDAY
6.1. If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, you must notify us in writing (via email or post) as soon as possible. We will do our utmost to make these changes but it may not always be possible. Please note: if you do not receive acknowledgement of your requested change within 24 hours of submission to us, you must contact us by phone or re-submit your request in order to ensure that this has been received and actioned. Please be advised that unless the requested change is acknowledged by us it will not be guaranteed.
6.2. Please note that it is not possible to change your holiday from one season to another. Such alterations will be considered and treated as cancellations.
6.3. Any request for changes to be made must be in writing via email to firstname.lastname@example.org from the person who made the booking or your travel agent.
6.4. When requesting a change to your arrangements you will be asked to pay an administration charge, (detailed below), and any further cost we incur in making this alteration (for example, if there is a difference in price). You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
6.5. Please Note: Certain travel arrangements (e.g. scheduled flights and certain hotel arrangements) cannot be changed after a reservation has been made and any alteration request may incur a 100% cancellation charge. Any amendments to scheduled flights (including name changes even if 1 letter changes) will be subject to the individual airline policy in place which is beyond our control. In some cases, amendments to scheduled flights may mean cancellation and re-booking. In these circumstances you will be liable to pay the airline charges and cancellation fees, in addition to any amendment fees we charge.
6.6. The following amendment fees will apply in respect of any changes requested:
a) If you make any alteration to your holiday after we have confirmed your booking, other than increasing the numbers in your party or adding a service to your booking, an amendment fee of £25 per person will be charged, in addition to any applicable accommodation or airline fees.
b) For changes after you have booked your holiday, other than a name change, you will be liable to pay cancellation charges (please refer to section 7). Please note: in the case of cruise lines, any changes requested once booked may incur cancellation charges where such changes cannot be made with payment of a fee.
c) Name changes, if permitted by the relevant suppliers, may be accepted up to 3 weeks before your departure date and a charge of £25 per name change will be levied, in addition to any applicable accommodation or airline fees; as above depending on supplier conditions, name changes may incur full cost/cancellation and rebook charge.
d) Cancellation charges may be applicable where name changes are made within 3 weeks of the departure date, plus any applicable airline charges. This includes changing from your maiden name to your married name or where a ticket is non-refundable.
e) If the holiday price depends on the number of persons booked into an accommodation and you wish to change that number of persons, the price will be calculated on the basis of the new party size. Any increase in price per person as a result of part cancellation is not a cancellation charge. It is a price adjustment resulting from the amendment to the number of persons travelling.
6.7 Important note: all amendments must be confirmed in writing by email or post by the lead name on the booking or by your travel agent. If email is used as the appropriate method of cancellation, you/the travel agent are advised to keep a copy of the email confirmation as this may be required for proof in the unlikely event of any discrepancies.
- 7. IF YOU CANCEL YOUR HOLIDAY
7.1. You may cancel your travel arrangements at any time. Your travel arrangements may not be cancelled by anyone else in your party unless we have express written permission from you to do so.
7.2. All cancellations must be notified to our office in writing by the lead name on the booking or your travel agent and should be marked ‘URGENT – CANCELLATION NOTIFICATION’. Cancellations can also be made via email by you or your travel agent and must be marked the same way. You/your Travel Agent must keep a copy of your written cancellation request in case of any discrepancies and we would advise you to check that your cancellation request has been received and actioned by us. The effective date of cancellation will be when the notification is received by us.
7.3. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below:
NOTIFICATION PERIOD CANCELLATION CHARGE
71 days or more Deposit only
70 - 53 days or more 30% of holiday cost* or deposit if more
56 - 36 days or more 50% of holiday cost* or deposit if more
35 - 22 days or more 70% of holiday cost* or deposit if more
21 – 15 days or more 90% of holiday cost* or deposit if more
14 days or less 100% of holiday cost*
* If you change your booking, ‘Holiday cost’ does not include any handling/amendment fee or other costs paid which are not refundable in the event of your cancellation.
7.4 Please Note: Cancellation terms and charges will apply where you wish to cancel due to inclement weather conditions at your chosen destination. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
7.5 Any refunds due may take up to 6 weeks to be processed once properly notified.
8. IF WE CHANGE OR CANCEL YOUR HOLIDAY
8.1 It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time.
8.2 Most changes will be minor and we will advise you or your travel agent of them at the earliest possible date. Please note that no compensation is payable in respect of minor changes. Please note that any airlines referred to in our advertising may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, changes of accommodation to another of the same standard or higher within the same resort area, or a change of departure airport to one within the same region.
8.3 If we make a major change, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, subject to availability.
8.4 We also reserve the right to cancel your travel arrangements. If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this section. For example, if the minimum number of guests required for a particular travel arrangement is not reached, we may have to cancel it. However, we will endeavour not to cancel your travel arrangements, except for reasons of force majeure or failure by you to pay the final balance. If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure.
Major changes may include the following:
a) We need to change your flight departure time by over 12 hours;
b) We have to change your accommodation to that of a lower rating/classification;
c) We have to change your holiday to a different country or different area of the same country;
d) Change of UK departure airport except changes between London airports i.e. Gatwick, Heathrow, Luton or Stansted.
8.5 You will have the choice of accepting the change of arrangements; or accepting an offer of alternative travel arrangements from us, if available; or cancelling your booked holiday and receiving a full refund of all monies paid. If the alternative arrangements selected are of a lower price than those originally confirmed, the difference will (if already paid) be refunded to you. If the alternative is more expensive you must pay the difference in price.
8.6 If you accept the alternative arrangements, the contract between us will be varied to incorporate the new arrangements.
8.7 In the event that you choose not to accept alternative arrangements and opt for a cancellation with a full refund, the refund will not include any handling/amendment fees or any other costs if you have previously changed your booking.
8.8 In the case of a major change as defined by this section, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below. Please note: we will only make one payment for each full-fare paying passenger in the holiday booking.
NOTIFICATION PERIOD COMPENSATION
84 day and over Nil
Between 83 to 29 days £10.00
Between 28 to 14 days £20.00
13 and 1 day or notice in resort £30.00
8.9 Please note: A change of arrival airport or flight operating with a stopover at another airport does not constitute a major change.
8.10 No claim for additional expenses or other compensation will be considered. For example, if you decide to cancel your travel arrangements instead of accepting the alternative we have offered and you then book a more expensive holiday, we will not consider any claim for the difference in price you have paid. Or where items are purchased in relation to your arrangements that are not purchased through Belleair Cruise.
8.11 If we cancel or make a major change and you accept a refund, we will consider an appropriate refund of your travel insurance premiums if you can show that you are unable to transfer of reuse your policy.
8.12 IMPORTANT NOTE: We will not pay you compensation if we have to cancel or change your travel arrangements in any way due to reasons which are unusual, unforeseeable or beyond our control (force majeure). We can cancel your holiday in the following circumstances: war, threat of war, riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disasters, fire, technical problems with transport, go slow, airport closures, bad weather conditions, airline failure and similar events beyond our control
8.13 Please note: Cruises occasionally have to be cancelled or curtailed due to unforeseeable circumstances beyond the cruise supplier’s control. In these circumstances, we have no liability other than to arrange for your return travel back to the UK at no further cost to you. This may either be arranged by us or the relevant cruise supplier. Cruise suppliers may make an ex-gratia payment in the form of vouchers to be used towards a future cruise and we would forward these on to you accordingly.
9. YOUR RESPONSIBILITIES
You accept responsibility for both you and your party in respect of the following:
(a) You must ensure that you and your party have valid passports and appropriate visas. Please refer to section 18.
(b) You should check if vaccinations are required for your chosen destination with your doctor.
(c) Airline regulations state that women who are 28 weeks or more into pregnancy at the time of return travel must have a doctor’s certification stating that they are fit to travel. Normally, permission to travel is refused after 32 weeks. Cruise suppliers have similar requirements in relation of women in advanced stages of pregnancy. We can only accept your booking upon the clear understanding that we cannot be liable if any airline or cruise supplier refuses to accept you or any member of your party as a passenger for this reason.
(d) You must be responsible for the behaviour of yourself and your party. (Please refer to section 12).
10. CHANGES AFTER THE START OF YOUR HOLIDAY
10.1 Very occasionally we may have to change your holiday arrangements after you arrive in the resort. If we do this, we will try to place you in accommodation of the same or higher standard in the same or similar resort.
10.2 We will pay you compensation according to the scale shown in section 8 only if the change constitutes a major change as specified.
10.3 You have no right to cancel your booking after you have left for your holiday if we offer you a suitable alternative, prior to departure.
11. OUR LIABILITY TO YOU
11.1 If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements.
11.2 However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
11.3 Our liability, except in cases involving death injury or illness, shall be limited to a maximum of 2 times the cost of your travel arrangements.
11.4 Our liability will also be limited in accordance with and/or an identical manner to:
a) The contracted terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
11.5 You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices at 40/42 Kenway Road, Earls Court, London, SW5 0RA.
11.6 Please note that this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
11.7 Please refer to section 13 in respect of flight delays, cancellation and denied boarding.
11.8 Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us.
11.9 For any excursions or other tours that you book, your contract will be with the operator of the excursion or tour and not with us.
11.10 We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
PROMPT ASSISTANCE IN RESORT
11.11 If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
12.1 If you are prevented from utilising your aircraft seat, cruise and/or booked accommodation as a result of your behaviour, or you appear to be unfit for travel or likely to cause disturbances or discomfort to other persons whether due to alcohol consumption, misuse of drugs or general misbehaviour our responsibility for your, journey/accommodation ceases and you will be deemed to have cancelled your arrangements. Full cancellation charges will apply (if applicable) and any extra costs incurred in making alternative arrangements will be payable by you.
12.2 For the avoidance of doubt, we will have no further obligation to assist you with alternative arrangements.
12.3 Furthermore, our liability towards you will cease in the event that you or your party causes any damage, disturbance, discomfort for any reason, whilst on your holiday. This may also lead to your eviction from any accommodation and/or cruise booked.
13. FLIGHT DELAYS
13.1 Unfortunately there are occasions when, for reasons beyond our control, your flight may be delayed. Although we cannot accept liability for any flight delays, we will do our best to liaise with the airline providing your flight in the event of a delay.
13.2 Please remember that it may be possible to make an insurance claim for any flight delays.
13.3 If you have not purchased our recommended insurance, it is your responsibility to ensure that you are fully protected against flight delays.
13.4 We cannot accept any liability for any payment you have to make, or for any time lost on your holiday, as a result of any delay unless we have provided our permission in advance.
13.5 Under EU law (EC Regulation 261/2004) you have rights in some circumstances to a refund and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out section 8. If any payments to you are due from us, any payment made to you by the airline will be deducted.
14. IF YOU HAVE A COMPLAINT
14.1 If you have a problem during your holiday, you must inform the relevant supplier of the services in question (e.g. the cruise supplier) who will endeavour to put things right. Any verbal notification of any issues must be provided to the supplier as soon as possible. If for any reason you are unable to make contact with the supplier in question during your holiday, you must contact us in the UK using the contact details provided and giving us full contact details for you.
14.2 It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay and ensure it is recorded during your holiday. If you fail to follow this simple procedure the supplier in question will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract. Please note that under article 15(9) - The Package Travel Regulations 1992, you have an obligation to make your complaint known to the supplier and us as soon as possible.
14.3 If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Belleair Cruise, 40/42 Kenway Road, Earls Court, London, SW5 0RA giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
14.4 It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes to do with this contract which cannot be settled amicably may (if you wish) be referred to Arbitration under a special scheme which, is arranged by the Association of British Travel Agents (ABTA). The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
15. TRAVEL DOCUMENTATION AND TICKET CONDITIONS
15.1 Your travel documentation and tickets will be issued and sent to you within 21 days of your departure. For any booking made prior to 21 days before departure we will issue and dispatch documentation and tickets immediately.
15.2 If you lose, destroy or misplace your travel documents, any request for the documents to be re-issued will incur a charge for their replacement.
15.3 Where there is a requirement for documents to be posted, these will be sent via first class post. Once documents have been sent via email or first class post we will not be responsible for their loss unless as a result of our fault or negligence.
15.4 If you lose, destroy or misplace your travel documents, any request for the documents to be re-issued will incur a charge for their replacement.
15.5 When you travel by air, sea or land, the conditions of carriage of that airline/cruise/coach company apply, some of which limit or exclude liability for certain events. These conditions are the subject of international agreements between countries and will be made available for inspection at our offices; copies will be available on request.
15.6 We will not be responsible if you arrive late for the specified check in time or for the flight nor can we accept any responsibility for any loss by you for your holiday travel tickets, vouchers or coupons. If you lose your tickets, the airline may levy a charge to reissue them which is beyond our control.
15.7 If your ticket needs to be amended for any name changes you will be charged in accordance with section 6.
15.8 It is imperative and a strict condition of booking that you confirm your inbound flight details not more than 48 hours and not less than 12 hours prior to your previously notified flight time (*72 hours if the reconfirmation period falls over a public holiday). Your travel documentation will confirm where and how this can be done. We do not accept liability in the event that you fail to comply with this condition &, due to flight change, miss your return flight.
15.9 The times quoted on your documentation are local times.
15.10 It is important that passengers check-in at least 2-3 hours before the flight departure time.
15.11 If your outbound journey is not utilised the inbound reservation is automatically cancelled.
15.12 Once your reservation is made with us we will issue you with a confirmation invoice. The invoice will be issued and sent to the party leader or to the travel agent 48hrs after your reservation has been made. Once a booking reference number has been given to you or to the travel agent, where an email address has been provided to us we will email your confirmation invoice to you.
15.13 Please ensure you check the invoice, it is imperative that tickets and all other documentation are carefully checked as soon as received. You must contact us immediately if any information appears to be incorrect or incomplete. For quality assurance purposes all calls are recorded for future reference, any additional alterations or further changes to your documents not initially advised at your time of booking will be charged in accordance with section 6 of our terms and conditions.
15.14 You will receive notification from our administration prior to departure via email (if provided) or by post, giving notification and advise that the online cruise registration documents must be completed and that these must be submitted online and printed and produced at check-in for your cruise holiday. Please note that failure to do so may incur charges or even refusal to board the ship.
15.15 Any passengers that have confirmed flights with us as part of their holiday must ensure they have submitted any Advance Passport Information (API) online as per the carrier instructions which will be included with your travel documentation. Boarding passes/cards will then be also issued and sent to you if required by relevant airline. Failure to complete the mandatory Advance Passport submission will incur charges at check-in. Enclosed in your travel documentation pack will be a check list which you will need to review to ensure you have received all the relevant paperwork and to ensure that you have completed all online registrations and submissions. Please also note that any in-flight meals booked or airport assistance requested at the time of booking will appear on your confirmation invoice as well as any pre-assigned seating booked. Please ensure you travel with your confirmation invoice in case any supplier requests confirmation or proof of payment.
15.16 You are subject to any baggage restrictions applicable for any carriers or cruises during your holiday, including air and land carriers. You are responsible for checking these prior to departure and accept responsibility for any baggage disallowed or any additional charges caused by the restrictions levied by any carrier. Each cruise liner will have its own requirements which will include clothes and gifts appropriate for the cruise which may be brought on-board by each guest. Each piece of baggage must be distinctly labelled with the guests name, name of ship, cabin number and sailing date, you can obtain your baggage tags once you have completed the online registration via the cruise lines’ website, if you are unable to do this please contact our admin team on 0207 341 5999 and we will obtain the relevant cruise documentation required, print and post to you.
15.17 You must have received all vaccinations necessary for the holiday in good time prior to commencement of your holiday and you must have vaccination records available for show as and when required, as well as passports visas medical cards for the scheduled ports of call and disembarkation.
16. YOUR ACCOMMODATION
16.1 The self-catering, hotel or cabin accommodation provided is only for the use of passengers shown on the confirmation invoice as confirmed by us.
16.2 Sub-letting, sharing or assigning the accommodation is prohibited, as are overnight guests.
16.3 You are responsible for damage caused to accommodation by you or a member of your party. Please refer to section 12 for further details.
16.4 The Company has no control over the behaviour of persons visiting or residing at your hotel/self-catering complex and it cannot accept responsibility for any acts and/or inconvenience caused to you as a result of their behaviour.
17.1 It is a condition of booking that you take steps to adequately insure yourselves before travelling.
17.2 You must therefore either purchase our recommended travel insurance or alternatively arrange a policy yourself which is at least as good as that recommended.
17.3 Failure to purchase adequate travel insurance may result in our cancelling your holiday and levying appropriate cancellation charges.
17.4 If you plan to travel to another country outside your holiday destination you must ensure that you are adequately insured for travel to that country. Please check with your travel insurer for details.
17.5 We do not accept any liability in the event that you fail to purchase travel insurance and subsequently incur loss as a result of the failure to purchase insurance.
18. PASSPORT, VISA & IMMIGRATION
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
19. ADVERTISING WEBSITE ACCURACY
19.1 We will provide the facilities and services advertised on our website and/or in all other forms of advertising and promotional materials.
19.2 If our suppliers or ourselves withdraw those facilities or services or limit them for any reason, we will try to tell you and where appropriate pay you compensation, if applicable.
19.3 We cannot pay any compensation for events which are outside our, or our suppliers’, control.
19.4 Outside of peak season it is common for facilities and services to be less widely available, both in your accommodation and any holiday resorts generally. We cannot accept liability in those circumstances. In such circumstances we have no obligation other than to find you suitable alternative accommodation of the same standard in the same resort and section 8 will apply in relation to your entitlements.
19.5 Public Holidays and religious festivals also affect the availability of resort and hotel facilities. The relevant National Tourist Office can provide details of such events and further information regarding your chosen holiday resort.
19.6 If we know about building work or other noise likely to affect your holiday arrangements we aim to tell you before you leave.
19.7 The information on the /or any advertising or promotional materials is checked and is known to be correct on the date advertised. However, as this can be many months before you take your holiday and despite careful checks, errors or changes may occur after the date of publication. If we are made aware of such errors, we will of course endeavour to inform you of them at the time of booking.
19.8 To ensure you have up to date information please check with your travel agent, our in-house reservations team or our website at www.flexicruise.com.
19.9 In accordance with Air Navigation Regulations an infant must be under 2 years of age on the date of their return flight.
19.10 The cost of a cot (where applicable) must be paid direct to the accommodation.
19.11 Airlines charge a fee for the carriage of infants. This varies from airline to airline and will be advised to you prior to booking.
20. MOBILITY IMPAIRMENT
If you have any specific mobility issues or needs due to any mobility impairment, you must tell us or your travel agent at the time of booking in order for us to ensure that your chosen holiday is suitable for you and your party. This includes, but is not limited to, wheelchair assistance and/or sight or hearing impaired requirements. If we are not made aware of any specific requirements prior to or at the time of booking and you have to subsequently amend or cancel your holiday as a result, we cannot accept any liability in these circumstances. In all circumstances we will do our utmost to try and accommodate your needs wherever possible.
21. SPECIAL REQUESTS
If you have any special requests that do not form part of the holidays described (for example dietary or room requirements) please let us know at the time of booking. These will be passed on to the relevant supplier but we cannot guarantee that these will be met.
22. SYSTEM ERRORS
In rare cases errors may occur when inputting prices into our reservations system or website. We regret that any contract entered into on the basis of an erroneous price will be void. In the unlikely event that such a situation arises, you will be given the option to either pay the correct price or cancel with a full refund.
23. IDENTITY OF OPERATING CARRIER
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by advising you of the carriers to be used or likely to be used at the time of booking. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change.
24. IMAGES & CREATIVE LICENCE
We cannot be held responsible for any photographic inaccuracies, and advise customers that a wide number of photographs are of generic images from stock library sources. These have been included for design purposes only.
CRUISE – SPECIFIC BOOKING CONDITIONS
We work with a number of different cruise suppliers in order to provide the holidays advertised. The terms and conditions of each supplier may vary depending on the type of cruise booked and you must ensure you have checked, read and understood the specific requirements and booking conditions applicable to your chosen cruise supplier. We are happy to make the individual terms and conditions available to you on request. By way of example, the following specific booking conditions are typical of most cruise suppliers and drawn to your specific attention:
25. FITNESS TO TRAVEL
25.1 The safety of all passengers is of paramount importance to the cruise company, hence all passengers warrant that they are fit to travel by sea (and if applicable by air) and that their conduct or condition will not impair the safety or convenience of the vessel or aircraft and the other passengers, and that they can be carried safely in accordance with applicable safety requirements established by International EU or national law.
25.2 The cruise company has the right to require the passenger to produce medical certificates supporting the fitness to travel.
25.3 Any passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must submit a doctor’s certificate prior to booking.
25.4 Pregnant women are requested to seek medical advice before travelling; at any stage of their pregnancy they must obtain a medical certificate from a doctor confirming their fitness to travel on board the vessel taking into account the specific itinerary.
25.5 The cruise company does not have on board any of the cruise vessels adequate medical facilities for childbirth. The cruise company may not accept a booking or carry any passenger who will be 24 weeks pregnant or more by the end of the cruise.
25.6 The cruise company expressly reserves the right to refuse boarding rights to any passenger who appears to be in any advanced state of pregnancy and shall have no liability in respect of such refusal.
25.7 In the case of a booking made by a passenger who was not aware at the time of booking and could not have reasonably known at the time of booking that she was pregnant over the terms provided by clause 25.5 above then, the cruise company will offer the passenger the choice of booking another cruise from the brochure and/or from the official website of equivalent quality compliant with the above mentioned terms, if available; or cancelling and receiving a full refund of the full price paid by that passenger for any cancellation of booking as long as such cancellation is notified immediately as soon as such a passenger becomes aware of her condition.
25.8 If it appears to the Master or the ship’s Doctor that a passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to land at any port or likely to render the cruise company liable for maintenance, support or repatriation, then the Master shall have the right to refuse to embark the passenger at any port or disembark the passenger at any port or transfer the passenger to another berth or cabin. The Doctor onboard shall have the right to administer first aid and any drug, therapy or other medical treatment and/or to admit and/or confine the passenger to the ship’s hospital or other similar facility, if such measure is considered necessary by the Doctor and is supported by the Master’s authority. Refusal by the passenger to cooperate with regard to such treatment may result in the passenger being disembarked at any port, if necessary through the intervention of local police officers or other competent authorities, the cruise company shall not be liable for any loss, expense or compensation to the passenger.
25.9 Where a passenger is assessed as unfit to travel and refused embarkation then the cruise company shall not have any liability to the Passenger.
26. DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY
26.1 The cruise company’s priority is always the comfort and safety of its passengers and in order to achieve this the passenger is asked at the time of booking to provide as much detail as possible of the matters given below so that the cruise company can consider its obligation to carry the passenger in a safe or operationally feasible manner, taking into account any issues relating to the design of the passenger ship or port infrastructure and equipment including port terminals which may make it impossible to carry out the embarkation, disembarkation or carriage of the passenger which may have an impact on the passengers safety and comfort.
26.2 The passenger is asked to provide full details at the time of booking if the passenger is unwell, infirm, disabled or has reduced mobility. The passenger is asked to provide full details at the time of booking:-
a) if the passenger requires a special disabled cabin, since there is a limited number of these available and since the cruise company would like to, wherever possible, accommodate the passenger so that the passenger is comfortable and safe for the duration of the cruise.
b) if the passenger has any special seating requirements.
c) if the passenger needs to bring any medical equipment on board.
d) if the passenger needs to bring a recognised assistance dog on board the vessel. Please note that assistance dogs are subject to national regulations.
27.3 Where the cruise company considers strictly necessary for the safety and comfort of the passenger and in order for the passenger to fully enjoy the cruise, it may require a disabled person or persons with reduced mobility to be accompanied by another person who is capable of providing the assistance required by the disabled person or person with reduced mobility. This requirement will be based entirely on the cruise company assessing the need of the passenger on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary. Passengers confined to a wheelchair are asked to kindly furnish their own standard size collapsible wheelchair and must also be accompanied by a travelling passenger fit and able to assist them.
27.4 If the passenger has any particular conditions, disability or reduced mobility which require personal care or supervision then such personal care or supervision must be organized by the passenger and at the passenger’s expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.
27.5 If after careful assessing the passenger’s specific needs and requirements, the cruise company concludes that the passenger cannot be carried safely and in accordance with applicable safety requirements then the cruise company can refuse to accept a booking or embarkation of a disabled person or person with reduced mobility on the grounds of safety.
27.6 The cruise company reserves the right to refuse to carry any passenger who has failed to adequately notify the cruise company of any disabilities or needs for assistance in order for the cruise company to make an informed assessment that the passenger can be carried in a safe or operationally feasible manner on the grounds of safety. If the passenger does not agree with a decision of the cruise company under clauses 27.5 to 27.6 of these terms and conditions then the passenger must provide a complaint in writing with all supporting evidence to the Company and the matter will be considered by a senior manager.
27.7 The cruise company reserves the right to refuse to carry any passenger who in the opinion of the cruise company is unfit for travel or whose condition may constitute a danger to themselves or others on the cruise on the grounds of safety.
27.8 For the safety and comfort of the passenger, if the passenger becomes aware between the date of booking the package and the date of commencement of the package that he/she will require special care or assistance as detailed above the passenger is asked to inform the cruise company immediately so that the cruise company can make an informed assessment whether or not the passenger can be carried in a safe or operationally feasible manner.
27.9 Infirm passengers or passengers with wheelchairs or reduced mobility may not be able to go ashore at ports where vessels do not berth alongside. A list of these ports is available upon written request.
28. PUBLIC HEALTH QUESTIONNAIRE
28.1 The cruise company and/or the health authorities in any port shall be entitled to administer a public health questionnaire on their own behalf. The passenger shall supply accurate information regarding symptoms of any illness including but not limited to gastrointestinal illness and H1N1. The Carrier may deny boarding to any passenger that it considers in its sole discretion to have symptoms of any illness including viral or bacterial illness including but not limited to Norovirus and H1N1. Refusal by a Passenger to complete the questionnaire may result in denied boarding.
28.2 Where passengers become ill on-board the cruise with viral or bacterial illness the ship’s doctor may request them to remain in their cabin for reasons of safety.
29. FOOD ALLERGIES
29.1 Passengers are reminded that some foods may cause an allergic reaction in certain people due to intolerance of some ingredients. If the passenger has any known allergies, or is intolerant to any food, he/she is required to report it to the Maître d’hôtel as soon as convenient after boarding the ship.
29.2 It is the responsibility of the passenger to ensure that he/she actively avoids any food he/ she is allergic to. The cruise company will take all reasonable care if made aware in writing of any specific food or ingredient the passenger has an allergic reaction to and assist the passenger within reason to avoid any such food or ingredients if made aware by the passenger prior to ordering such food. The cruise company will not be held responsible for preparing special meals for the passenger or any prepared meals consumed by the passenger.
30. MEDICAL ASSISTANCE
30.1 Passengers are strongly recommended to have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses.
30.2 In compliance with Flag State requirements, there is a qualified Doctor onboard and a medical centre equipped for first aid and minor conditions only. The passenger hereby acknowledges and accepts at the time of booking that the medical centre is not equipped as a land based hospital and the Doctor is not a specialist. Neither the cruise company nor the Doctor shall be liable to the passenger as a result of any inability to treat any medical condition as a result.
30.3 The passenger acknowledges that whilst there is a qualified Doctor onboard the vessel, it is the passenger’s obligation and responsibility to seek medical assistance if necessary during the cruise and will be responsible to pay for onboard medical services.
30.4 In the event of illness or accident, passengers may have to be landed ashore by the cruise company and/or the Master for medical treatment. The cruise company does not make any representation or accept any responsibility regarding the quality of the available medical facilities or treatments at any port of call or at the place at which the passenger is landed. Medical facilities and standards vary from port to port. The cruise company does not make any representations or warranties in relation to the standard of medical treatment ashore.
30.5 The Doctor’s professional opinion as to the fitness of the passenger to board the vessel or to continue the cruise is final and binding on the passenger.
30.6 It is recommended that medical advice is sought before booking for children up to 12 months of age.
31. MEDICAL EQUIPMENT
31.1 It is important that passengers contact the manufacturer or supplier to ensure that any medical equipment they are intending to bring on board is safe to use. It is the responsibility of the passengers to arrange delivery to the docks prior to departure of all medical equipment and to notify the cruise company prior to booking if they need to have medical equipment on board so that the cruise company can ensure that the medical equipment can be carried safely.
31.2 It is the passenger’s responsibility to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies to last the entire voyage. The ship does not carry any replacement and access to shore side care and equipment may be difficult and expensive. Passengers must be able to operate all equipment.
31.3 If there are any particular medical conditions which require supervision then such supervision must be organised by the passenger and at the Passenger’s expense. The vessel does not provide one-to-one or other cares for physical or psychiatric or other conditions. The vessels do not offer respite services.
32. WHAT IS INCLUDED IN YOUR HOLIDAY PRICE
Please refer to your confirmation invoice for full details of what is included in your holiday price as this will vary depending on the travel arrangements booked.
33. THE 1998 DATA PROTECTION ACT AND YOU
Information that you provide to us will be held on our computers (and in other ways) for use by us for the following purposes:
- BOOKING INFORMATION
Information about you (and your travelling party) may be passed to holiday providers and others and may include things such as religious beliefs, dietary requirements, your (or your travelling party’s) physical or mental health. This information may also be transferred abroad.
- STATISTICAL ANALYSIS/MARKET RESEARCH, FRAUD PREVENTION/DEBT COLLECTION
- CONTACTING YOU
To contact you via e-mail, letter or phone with details of Beleair Cruise’s, or selected suppliers’, products and services which may be of interest you. We may also monitor and/or record your telephone conversations with us for security purposes and to ensure consistent customer service levels (including staff training). By entering into a contract with us you agree to the use and disclosure of information by us as described. You are entitled to a copy of your information held by us and we may apply a fee for the permission of this information. If you would like to see this please contact our customer services who will be able to assist you.