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Booking Conditions

 All holidays are organised and offered for sale in the United Kingdom by South Quay Travel & Leisure Limited trading as Cruise and Maritime Voyages (“we”), (“us”), (“our”) of Gateway House, Stonehouse Lane, Purfleet, Essex RM19 1NS (ATOL 4619) and (ABTA V9945). In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is transferred. A ‘package’ and ‘lack of conformity’ have the same meaning as in the Package Travel and Linked Travel Arrangements Regulations 2018 and ‘arrangements’ are all the cruise and other travel arrangements detailed on your confirmation invoice (including any additions or amendments).

You will receive standard information about your package arrangements and details of their main characteristics before a binding agreement between you and us comes into existence. That information, these conditions together with the General Information, our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with us. Please read them carefully as they set out our respective rights and obligations.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-

  1. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
  2. He/she consents to our use of information in accordance with our Privacy Policy;
  3. He/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.

The key terms of our agreement are:-

Key Terms

  1. You will enter into a binding contract with us when we issue our confirmation invoice. If you then cancel your arrangements, you will be required to pay cancellation charges. Initially, this will be the deposit you paid to secure your arrangements, but after you’ve paid the balance of the price of your arrangements, these charges will increase up to 100% of the cost of them;
  2. You can make changes to your confirmed arrangements in certain circumstances. We will make a charge for processing these changes;
  3. We may make changes to and cancel your confirmed arrangements but we will pay you compensation in certain circumstances if we do so;
  4. We are responsible for making sure your confirmed arrangements are not performed negligently but there are some limits on and exceptions to this.

Special Note: Accuracy of descriptions and prices

The information and prices shown in this brochure or on our website may have changed by the time you come to book your arrangements. Although we make every effort to ensure the accuracy of the information and prices at the time of publication, regrettably errors do occasionally occur. You must, therefore, ensure you check the price and all other details of your chosen arrangements with us at the time of booking. Should we become aware of the need to revise information or prices, we may do so by informing you before we accept your booking. In this case, the revised information or prices will be considered to form part of our contract with you as if they had originally been published in our brochure or on our website. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 7.

1. Booking

Bookings can be made online, by calling our cruise reservations department or contacting your ABTA travel agent. A binding agreement for your arrangements will come into existence between you and us when we have received all required payments from you and we issue a booking confirmation, either directly to you or via any agent we have authorised to act on our behalf. If your confirmed arrangements include a flight we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate, confirmation, or any other document are wrong you must advise us immediately as changes may not be able to be made later. It may harm your rights if you don’t.

Your balance payment is due no less than 90 days prior to departure, for which we will not issue a reminder. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we reserve the right to treat your booking as cancelled by you. In this case, the cancellation charges set out in clause 3 below will be payable.

Any money paid to an authorised agent of ours in respect of a booking including flights is held by that agent on behalf of 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 as long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the 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.

2. Insurance

It is a condition of booking with us that you take out appropriate travel insurance and you are not permitted to travel with us without having adequate travel insurance in place. We offer competitive rates of insurance arranged by Gold Cover Travel Insurance Services and insured by Ageas, details of which can be found on the Insurance page on this website. This policy includes cover for cancellation charges and the cost of assistance, including repatriation, in an emergency. If you do not purchase this insurance you must arrange alternative insurance of at least comparable standard (we will not check it, this is your responsibility) and you must provide details of your policy to us upon request. You must reimburse us fully for any costs or losses we incur as a result of your failure to comply with this clause.

3. Changes and cancellations by you

If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We can’t guarantee that changes can be met, although we will do our best to assist. Since we incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges set out below. Where we are unable to assist with making a requested change, and you do not wish to proceed with the original booking we will treat this as a cancellation by you.

If your arrangements are a package and if any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing not less than seven days before departure and you pay an amendment fee and meet all costs and charges incurred by us and/or incurred or imposed by us or any of our suppliers. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Charges in the event of a cancellation

In the event of a cancellation, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):-

 

Date Cancellation receivedCancellation Charge
90 days or more before departure Loss of Deposit
71 - 89 days before departure 30% of the price
50 - 70 days before departure 50% of the price
29 - 49 days before departure 75% of the price
28 days or less 100% of the price

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.

Charges in the event of a change

In the event we can meet your requested change, you will have to pay £50 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. 90 days or less before departure, administration charges will increase to approximately 25% of the total cruise fare. Only one amendment per booking can be made and 90 days or less before departure changes may not be approved. Please note that any requested amendments will be approved at our discretion. Any transfer of booking from one cruise to another may be considered as a cancellation and re-booking.

No refunds will be made for tickets or services booked but not used, or for insurance premiums or alteration charges. Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charges detailed above.

4. Changes and cancellation by us

Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of clause 6.

Changes and cancellations before departure

Most changes will be insignificant and we reserve the right to make them. If we make an insignificant change to the main characteristics of any package arrangements we will try to notify the change to you as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. We will have no other responsibilities to you in respect of any insignificant changes.

Occasionally, we have to make a significant change and we reserve the right to do so. A significant change is one where we significantly alter any of the main characteristics of your confirmed arrangements. Examples of significant changes include the following changes when made before departure:-

  • a change of accommodation or vessel to that of a lower official classification for the whole or a major part of the time you are away;
  • a change of scheduled outward departure time of twelve or more hours;
  • a change of UK departure point to one which is significantly less convenient for you;
  • a significant change of itinerary missing out more than one major port;
  • Where we can no longer fulfil any special requirements that we have accepted and confirmed on our confirmation and this will have a significant impact on your arrangements.
  • Where we increase the price of any package arrangements by more than 8% of the price of them (excluding any insurance premiums, amendment charges and/or additional services).

If we have to make a significant change or cancel before departure, we will inform you without undue delay and if there is time to do so before departure, we will offer you the choice of the following options:-

  1. (for significant changes) agreeing to the changed arrangements,
  2. accepting the cancellation or terminating the contract for the arrangements and receiving a refund (without undue delay) of all monies paid; or
  3. accepting an offer of alternative arrangements of comparable standard from us, if available.

(In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will also notify you of any price reduction or additional amount due).

You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay.

Where you choose to accept a cancellation or terminate your arrangements, we will pay you a refund of all monies paid without undue delay and (subject to the exceptions detailed below) where you have booked package arrangements, we will where appropriate, pay you reasonable compensation, subject to the limitations and exclusions in section B of clause 6. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

We will not pay you compensation where:-

  1. we make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
  2. we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 7;

We will not make a price reduction or pay you compensation; and the above options will not be available where:-

  1. we make an insignificant change;
  2. we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
  3. where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

Changes and cancellations to package arrangements after departure

If we become unable to provide a significant proportion of your package arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a price reduction. You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate.

Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements in accordance with the clause above, where appropriate, we will pay you compensation subject to section B of clause 6. Where our original agreement included return transport we will also provide you with equivalent transport back to your place of departure without undue delay or additional cost.

Where we are unable to ensure your return as agreed because of unavoidable and extraordinary circumstances defined in clause 7, we will bear the cost of necessary accommodation if possible of equivalent category for a period not exceeding (a) 3 nights per traveller (exceptions apply in respect of persons with reduced mobility and people travelling with them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we have been notified of their particular needs at least 48 hours before the start of the package); or (b) where a different period is specified in any passenger rights legislation applicable to the relevant means of transport for your return, for the period specified in that legislation.

The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.

5. Fitness to Travel on the Cruise Ship, Pregnancy, Disability or Reduced mobility, Medical/ mobility equipment

Our priority is the comfort and safety of our passengers. We will give you information about whether the arrangements you have chosen are generally suitable for persons with reduced mobility but if you or any member of your party has any precise medical problem or disability which may affect your chosen arrangements, please provide us with full details before we issue our confirmation. We will only provide precise information on the suitability of the trip or holiday taking into account your needs if you specifically request us to do so. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking and/or if you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details. In particular, please note the following:-

Your privacy

We will only collect information about your physical or mental health or disability status to ensure your health and safety and to provide appropriate adjustments that you might require to access the arrangements we have made for you. Please see our full privacy policy for details.

Health Questionnaire and fitness to travel

We and any carrier are entitled to administer a health questionnaire prior to boarding In order to ensure that the carrier is able to carry passengers safely and in accordance with applicable safety requirements. When completing the questionnaire or embarking the ship, you warrant that you are fit to travel by sea and that your conduct or condition will not impair the safety of the cruise ship or inconvenience the other passengers. You must disclose any medical symptoms of any illness, injury or infirmity bodily or mental or any circumstances suggestive of exposure to any infection or contagious disease, or any other reason that is likely to impair the safety or reasonable comfort of other persons onboard, via the health questionnaire or otherwise. We and any carrier reserve the right to require any passenger to produce medical evidence of fitness to travel in order to assess whether that passenger can be carried safely.

If it appears to us or the carrier, the Master or the Cruise Ship's doctor that you are unfit for travel (amongst other reasons we will deem that person unfit to travel if in the 48 hours or less before sailing they have suffered with any medical symptoms suggestive of a viral illness including but not limited to diarrhoea, vomiting, high temperature or other flu-like symptoms), likely to endanger safety, likely to be refused permission to land at any port, or to render the Carrier liable for passenger maintenance, support or repatriation, then the Carrier or the Master shall have the right to take any of the following courses: (i) Refuse to embark you at any port; (ii) Disembark you at any port; (iii) Transfer you to another berth or cabin; (iv) (If the Cruise Ship doctor considers it advisable), to place or confine you in the Cruise Ship's Hospital or to transfer you to a health facility at any port, at your expense (v) to administer first aid or any drug, medicine or other substance.

Where you are refused embarkation as a result of safety and/or fitness to travel, neither we nor the carrier shall be liable for any loss or expense you experience as a result, nor shall you be entitled to any compensation from us or the carrier. Further, if you or any other passenger for whom you are responsible embarks contrary to this clause, you shall be responsible for any loss or expense incurred by us, the carrier or the Master in consequence of such.

Equipment and special care

The vessels have a limited number of cabins equipped for disabled persons. Not all shore excursions, ports, areas or equipment on the vessels are suitable for access to wheelchairs, disabled persons or persons with reduced mobility. You must check with us at the time of booking to enable us to assess your needs and to ensure that the circumstances do not pose a danger to other passengers. Our decision will be based on safety and will be binding. Passengers who need assistance and/or have special requests or need special facilities, care or equipment with regard to accommodation, seating or services required or their need to bring medical equipment must notify us at the time of booking. You must organise any personal care or supervision yourself at your own expense. The vessel is unable to provide respite services, one to one personal care, supervision or any other form of care for physical or psychiatric or other conditions. Where strictly necessary for the safety of the passenger we and or the carrier can require that a passenger is assisted by an accompanying person who is fit and able to provide the assistance required.

Those passengers confined to wheelchairs must furnish their own standard size wheelchairs and must be accompanied by a travelling companion who is fit and able to assist them. Any ship’s wheelchairs are available for emergency use only. It is your responsibility to ensure that all medical equipment is in good working order and that you have enough equipment and supplies to last the entire voyage. The ship does not carry any replacements and access to shore side care and equipment may be difficult and expensive.

You must be able to operate all your equipment. Unless we or the Carrier agree otherwise and in writing you are limited to bringing 2 items of such mobility or medical equipment on board per cabin with a total value not exceeding £2200. All equipment must be capable of being carried safety and must be declared before the cruise. The Carrier may decline to carry such equipment where it is not safe to do so or where it has not been notified in time to enable a risk assessment to be carried out.

Assistance Dogs

Please note that assistance dogs are subject to national and EU Regulations regarding travel. It is your responsibility to check that the assistance dog can be carried to the ports of embarkation and disembarkation and that the dog is not prohibited from going ashore at the various ports of call. Assistance dogs must have all necessary papers and comply with national Regulations regarding health, inoculations, training and travel.

Pregnant Women

Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are up to 23 weeks pregnant at the end of the cruise are required to produce a medical certificate of fitness to travel. The Carrier cannot for safety reasons carry pregnant Passengers of 28 weeks or more by the end of the cruise. The Carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the Carrier and/or the Master are not satisfied that any pregnant passenger will be safe during the passage.

Medical Treatment

The Vessel carries medical supplies and equipment as required by its flag state. Neither the Carrier nor the doctor shall be liable as a result of any inability to treat any medical condition.

In the event of illness or accident, passengers may have to be landed ashore by the Carrier and/or Master for medical treatment. The Company makes no representations regarding the quality of medical treatment at any port of call or at the place at which the passenger is landed.

Medical facilities and standards vary from port to port and we make no representations or warranties in relation to such standards.

Special Requests

Neither we nor the Carrier is obliged to provide any assistance or meet special requests unless we have agreed as such in writing. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.

6. Our Responsibility

Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of this clause 6.

A. Our responsibilities differ according to what you have booked:

In relation to bookings of Packages

We accept responsibility as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. Subject to these booking conditions, if we fail to arrange or perform your package arrangements in accordance with our agreement, we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will instead pay you compensation subject to clause B of this clause. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

Please note that it is a condition of our acceptance of the responsibility above that you inform us and the supplier(s) concerned without undue delay of the lack of conformity you perceive; and allow us a reasonable period in which to remedy it. Please contact our Guest Services Manager on board via Reception.

In relation to all other bookings

We have a duty to select the suppliers of the services making up your booking with us using reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers using reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.

B. Limitations of responsibility

In these terms and conditions, our responsibilities are limited, and duty to pay compensation is limited as follows:-

We will not be responsible, make a price reduction or pay you compensation for any lack of conformity injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-

  1. the act(s) and/or omission(s) of the person(s) affected;
  2. the act(s) and/or omission(s) of a third party unconnected with the provision of your arrangements and which were unforeseeable or unavoidable; or
  3. Unavoidable and extraordinary circumstances as set out in clause 7. 

We will not be responsible, make a price reduction or pay compensation:-

  1. for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
  2. for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.

Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-

  1. whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
  2. the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
  3. deduction that we must make to take account of any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.

(Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)

Luggage or personal possessions and money

The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

Claims covered by an International Convention

When arranging transportation for you, we rely on the terms and conditions contained within any applicable International Conventions. The extent of or the conditions under which compensation is to be paid or liability accepted will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask us for copies of these Conventions.

Any other claims which don’t involve injury, illness, death or damage caused by us or our suppliers intentionally or negligently; or other liability that can’t be limited by law

The maximum amount we will have to pay you in respect of all such claims is three times (twice in the case of arrangements which aren’t packages) the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.

Assistance to those travelling on a package in the event of difficulty or unavoidable and extraordinary circumstances

Where you have booked a package, we will provide appropriate assistance without undue delay in the event that you experience difficulty including where you are unable to return to your agreed point of departure because of unavoidable and extraordinary circumstances as set out in clause 7. Such assistance will extend to providing appropriate information on health services, local authorities and consular assistance; and helping you to make distance communications and to find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed please contact our Guest Services Manager on board via Reception.

7. Unavoidable and extraordinary circumstances:

Except where otherwise expressly stated in these booking conditions we will not be liable or give you a price reduction or compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the supplier(s) of the service(s) in question could not avoid even if all reasonable measures had been taken. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.

8. Denied boarding, flight cancellation or significant delay

Under the Denied Boarding Regulation (EU 261/2004), if you have been denied boarding, your flight has been cancelled or it has been significantly delayed, it is the airline’s duty to look after you. This means providing food, drinks, and some communications. If you are delayed overnight, this also means a hotel and travel to and from it. Full details of these rights will be publicised at EU airports and will also be available from airlines. We have no liability to you in these circumstances whatsoever and your claim for this assistance and any compensation must be made directly to the airline. Liability of an airline under EU 261/2004 will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline 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 airline in relation to the claim that gives rise to that compensation payment.

9. Suppliers’ Conditions

Many of the services which make up your holiday are provided by independent suppliers. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions and particularly the Terms and Conditions of Carriage at Sea of the carrier providing your Cruise are available on request from ourselves or by clicking here: Terms and Conditions of Carriage at Sea – Columbus Marco Polo Astor Magellan Astoria Vasco Da Gama.

10. Passports, Visas, Health Formalities & Travel Documents

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your Doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. You must notify us regarding next of kin details and any other important information we request before you travel.

A full 10 year British passport is required for all of our holidays, and your passport must be valid for a full 6 months following your date of return to the UK. If you do not hold a valid 10 year British passport, please note it can take up to twelve weeks to obtain a new one. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. You must ensure you have the correct travel documents in your possession before departure, failing which you will be liable for any costs, which you or we may incur as a result. Please note that, very occasionally, a last minute change may entail entering an additional country. Please note children must now have their own passport. For all passport enquiries contact the UK Passport Agency on 08705 210 410 or www.homeoffice.gov.uk/agencies-public-bodies/ips

The health formalities and any compulsory inoculations required for your cruise can be found via this link and this information maybe subsequently updated. It is your responsibility to ensure that you are fit to travel and to take all necessary medication etc. with you. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. Any cancellation that arises due to visa/passport requirement will be subject to the cancellation charges detailed above.

11. Behaviour

All passengers must follow the vessel’s instructions and procedures relating to all matters including health, safety, hygiene and security. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booked arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your cruise or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost services will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the applicable supplier prior to departure from the service in question. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

12. Prices

Our current prices are calculated on exchange rates known on the 14th May 2018 (Source: Barclays Bank Plc). We reserve the right to amend the price of unsold holiday arrangements at any time and correct errors in the prices of confirmed arrangements. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 7.

The price of your confirmed arrangements is subject to variations which occur solely as a direct consequence of changes in:-

  1. the price of the carriage of passengers resulting from the cost of fuel or other power sources;
  2. the level of taxes or fees on your confirmed arrangements imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
  3. the exchange rates relevant to the package.

Price variations will be calculated by applying the cost differential we experience as a result of the above factors. Prices may go up or down and we will notify you about any variation by sending you a calculation explaining the variation no less than 20 days you are due to depart.

If that means that you have to pay an increase of more than 8% of the price of your arrangements (excluding any insurance premiums, amendment charges and/or additional services), we will offer you the options in clause 4.

If prices go down as a result of the above factors, a reflective refund will be made, but we/he applicable supplier will also deduct our administrative expenses from what is owed to you and this may extinguish the value of the refund due. Also, note that travel arrangements are not always purchased in local currency or at the time of travel and some apparent changes have no impact on price due to contractual protections in place.

We will consider an appropriate refund of any insurance premiums you have paid us if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday.

13. Timings & Delays

Timings are estimates only and cannot be guaranteed, even if shown on tickets. They may be changed due to regulatory authority requirements, weather conditions, maintenance or technical reasons, and the ability of passengers to check in and board on time. Sometimes delays cannot be avoided but in such situations, in conjunction with our local agents or representatives, we will try to ensure your comfort during the course of any delay.

14. Complaints

If there is a problem during your holiday, you must report it onboard immediately or to the relevant airline, ground handler, hotelier or other supplier, so that prompt efforts can be made to resolve the problem. You may also contact our Guest Services Manager on board via the Reception. In the unlikely event that a problem cannot be resolved at the time and you wish to complain, you must send us full written details within 28 days of your return. Failure to take either or both of these steps will prejudice our ability to resolve your problem and / or investigate it fully. In consequence, any right to compensation you may have may be extinguished or reduced. In the event that your complaint remains unresolved following our complaints procedure, you may wish to refer the matter to the ABTA Arbitartion Scheme (see clause 16) or the European Commission’s Online Dispute Resolution Platform which can be accessed using the following link: http://ec.europa.eu/odr.

15. Law & Jurisdiction

This contract and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will be dealt with under the ABTA Arbitration Scheme (if the scheme is available for the claim in question - see clause 16) or by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.

16. ABTA

We are a Member of ABTA, membership number V9945. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

17. Financial Protection

We provide security for flight inclusive holidays by way of a bond held by the Civil Aviation Authority under ATOL number 4619. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please check your ATOL Certificate or ask us to confirm what protection may apply to your booking.

We, or the suppliers identified on your ATOL Certificate, will provide you with the 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 (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, 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.

When you buy an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on behalf of 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 do fail, any money held at that time by the agent, or subsequently accepted from you by the 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.

Holidays not involving air travel are financially protected by South Quay Travel & Leisure Ltd and are fully insured for the initial deposit, and subsequently the balance of the monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of South Quay Travel & Leisure Limited. This insurance has been arranged by Advantage Financial Services through MGA Cover Services Limited. In the unlikely event of Insolvency you must inform MGA immediately on +44 (0)20 3540 4422 info@mgacs.com Kemp House, 152 City Road, London EC1V 2NX. Please ensure you retain the booking confirmation form as evidence of cover and value. Please note this policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond.

South Quay Travel & Leisure Ltd are members of the Association of British Travel Agents (ABTA No: V9945). Cruise holidays that do not involve air travel are ABTA bonded. As a member of ABTA you have the benefit of ABTA’s assistance and Code of Conduct. We provide full financial protection for your money. Please ensure you retain the booking confirmation/invoice form as evidence of your booking. Please note this protection will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another bond or insurance.

18. Flights

In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban with the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm

In accordance with EU Regulations we are required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. We are not always in a position at the time of booking to confirm the aircraft type and flight timings which will be used in connection with your flight. The flight timings and types of aircraft shown on our website, in this brochure and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched - we will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 4 (Changes and cancellation by us) will apply.

19. Voyager Grade Category bookings

Your cabin type and position is not guaranteed and will be notified to you after your booking is made. Voyager grade bookings will always cost less than the cheapest advertised confirmed category price. See our brochure/website for full details. Bookings can be made by telephone or online via our website. Please note that this booking facility can be withdrawn and reinstated at any point, as this offer is only intermittently available.

20. Manage my booking facility

Your booking details should be live within the ‘Manage my booking’ area on our website approximately 24 hours after making your booking with us. It may take slightly longer in some cases for your booking to appear. Access to this facility is explained in the information which is sent to you after your booking is made. You must log on to update your important information, such as special requests and medical details.

21. Your Privacy

Information provided by you to us in connection with your holiday will be collected and held by us as a data controller in accordance with the General Data Protection Regulation and our full data protection policy which is available here. In order to process your booking and to ensure that your travel arrangements can be properly performed we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party members, their passport and insurance details, credit/debit card or other payment details and (with your specific consent), special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. We must pass on your personal details to the companies and organizations who need to know them so that your holiday can be provided (for example your cruise operator, airline, hotels, credit/debit company or bank). The information may also be provided to public authorities such as customs/immigration if required by them, or otherwise as required by law. If you fail to provide us with this information, we may not be able to plan or confirm your booking. We have appropriate security measures in place to protect the personal details you give us. You are entitled to ask us what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed; to delete, rectify or block the information we hold about you; to complete and restrict its use and to port it to another organisation. You have the right to object to the processing of your data in some circumstances and where we have asked for consent to process your data in ways additional to those listed above (for example, for marketing purposes), you may withdraw this consent.

 

Notice pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore you will benefit from all EU rights applying to packages. South Quay Travel & Leisure Limited trading as Cruise and Maritime Voyages will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, South Quay Travel & Leisure Limited trading as Cruise and Maritime Voyages has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.

Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

  • Travellers will receive all essential information about the package before concluding the package travel contract.
  • There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
  • Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
  • Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
  • The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
  • Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
  • Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
  • Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
  • If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
  • Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
  • The organiser has to provide assistance if the traveller is in difficulty.
  • If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. South Quay Travel & Leisure Limited trading as Cruise and Maritime Voyages has taken out insolvency protection with ABTA and the Civil Aviation Authority and MGA Cover Services Ltd. Travellers may contact this entity or, where applicable, the competent authority if services are denied because of South Quay Travel & Leisure Limited trading as Cruise and Maritime Voyages’ insolvency.

The Package Travel and Linked Travel Arrangements Regulations 2018

 

Maritime Passenger Rights EU Regulation 1177/2010

 

Definition

‘Disabled Person’ or ‘Person with Reduced Mobility’ means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all passengers.

The following sections (except ‘delay’ and ‘complaints’ which apply to all passengers with confirmed bookings) apply to you if you are a Disabled Person or a Person with Reduced Mobility. Where the below information conflicts with our booking conditions, the information below shall take priority to the extent of any inconsistency.

 

Information

CMV’s priority is always the comfort and safety of its passengers. We will give you information about whether the arrangements you have chosen are generally suitable for persons with reduced mobility and at the time of booking we will also ask you to provide as much detail as possible of the matters given below so that the 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 terminal 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.

The passenger is asked to provide full details at the time of booking if the passenger is unwell, infirm, disabled or has reduced mobility:

  1. If the passenger requires a special disabled cabin, since there are a limited number of these available and since CMV would like to, wherever possible, accommodate the passenger so that the passenger is comfortable and safe for the duration of the cruise
  2. If the passenger has any special seating requirements
  3. If the passenger needs to bring any medical equipment on board
  4. If the passenger needs to bring a recognised assistance dog on board the vessel. Please note that assistance dogs are subject to national regulations

In the event that CMV determines that it is able to provide access to a cruise following its assessment of the above, the passenger must arrive in sufficient time before departure to enable CMV to facilitate such access.

 

Accompanying Person

Where CMV 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 the 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 CMV assessing the need of the passenger on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary.

 

Medical Equipment

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 company prior to booking if they need to have medical equipment on board so that the company can ensure that the medical equipment can be carried safely. 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 shoreside care and equipment may be difficult and expensive. Passengers must be able to operate all equipment.

 

Limitation

Subject to clauses 6 and 7 of these booking conditions, the cost of loss or damage to mobility and other medical equipment caused by the fault or neglect of CMV, its sub-contractors or agents is subject to CMV’s absolute discretion to either repair or replace the equipment. Except where CMV agrees otherwise and in writing at the time of booking, passengers are restricted to having on board the vessel two pieces of mobility or other medical equipment with a combined value not exceeding £2200 per cabin.

 

Delay

Where CMV reasonably expects the departure of a cruise to be delayed for more than 30 minutes beyond its scheduled departure time, passengers will be informed of the delay and the estimated time for departure and arrival of the resumed service. Where the cruise is reasonably expected to be delayed more than 90 minutes beyond its scheduled departure time, passengers departing from the port terminal shall be offered free of charge snacks, meals or refreshments as are appropriate given the waiting time, provided they are available and can reasonably be supplied. If the delay in departure necessitates a stay of one or more nights or a stay additional to that intended by the passenger where and when physically possible CMV shall, subject to clauses 4 and 7 of these booking conditions, offer passengers departing from port terminals free of charge adequate accommodation on board or ashore, and transport to and from the port terminal and place of accommodation in addition to the snacks, meals and refreshments previously referred to. The maximum amount that CMV will pay for accommodation ashore and transport to and from the port terminal shall be equivalent to 80 Euros per person per night for a maximum of three nights. CMV will not have an obligation to provide such accommodation ashore where the delay is caused by weather conditions endangering the safe operation of the ship or where the cancellation or delay has been caused by you./p>

 

Complaints Procedure

Complaints relating to EU Regulation 1177/2010 concerning the rights of passengers when travelling by sea and inland waterways must be made to the company within two months from the date on which the service is performed. Within one month the company shall respond to the passenger that the passenger’s complaint has been substantiated or rejected or is still being considered. However, the time taken to provide the final reply shall be no longer than two months from the receipt of the complaint. If your complaint remains unresolved it will be referred to ABTA or another appropriate independent complaints handling body.

 

 

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