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www.fredolsencruises.com 169by FOCL up to the limits set out under the Convention will be reduced in proportion by any contributory negligence of the Passenger and by the maximum deductible under Article 8(4) of the Convention.9.3 Any illness or injury caused by or that you think may be attributable to anything that happened during the Holiday must be reported to the service provider or providers responsible for the relevant part or parts of the Holiday and to FOCL (with a copy of any such notification to any other provider or providers) immediately that the illness or injury becomes apparent.9.4 Unless a longer period is provided for by force of law, any claim shall be time barred if proceedings are not brought within 2 years of the end of the Holiday.9.5 Some disputes involving claims up to a limited amount may (subject to the agreement of you and FOCL) be referred to independent arbitration or conciliation under schemes devised by arrangement with the Passenger Shipping Association or ABTA. Details will be supplied on request. The schemes may not apply to claims arising out of injury or illness.Medical Assistance10.1 In compliance with Flag State requirements each vessel has on board a qualified doctor and a medical centre equipped for first aid and minor conditions only. The Passenger hereby acknowledges and accepts at the time of the Contract that the medical centre is not equipped like a land based hospital and the doctor is not a specialist. Neither FOCL, the doctor, nor the carrier shall be liable to the Passenger as a result of any inability to treat any medical condition as a result. 10.2 At FOCL's sole discretion FOCL may afford you assistance if you suffer illness, personal injury or death during the period of your Holiday. Such assistance may take the form of advice, guidance or initial financial aid where appropriate and subject to FOCL's discretion. Any expenses reasonably incurred for you or on your behalf (including medical treatment and repatriation expenses) shall be repayable by you to FOCL in full on demand (whether or not you have insurance cover for some or all of the expenses). In any case where such assistance is necessary or provided you give FOCL authority to contact any third party including your general practitioner or other medical practitioner and/or your insurers to obtain any information or documentation.10.3 The Passenger acknowledges that whilst there is a qualified doctor on board the vessel, it is a Passenger's obligation and responsibility to seek medical assistance if necessary during the Holiday and the Passenger will be solely responsible to pay for any on board medical services including but not limited to any medical treatments provided and repatriations which will be charged in line with private medical health care fees and charges. 10.4 In the event of illness or accident, Passengers may have to be landed ashore by the carrier and/or the master for medical treatment. Neither the carrier nor FOCL make any representation or accept any responsibility for the quality of any medical facilities or treatments at any port of call or at the place at which the Passenger is landed. Medical facilities and standards vary from port to port; neither FOCL nor the carrier makes any representations or warranties in relation to the standard of medical treatment ashore. 10.5 The on board doctor's professional opinion as to the fitness of a Passenger to board the vessel or to continue the Holiday is final and binding on the Passenger. 10.6 Where a Passenger is refused embarkation as a result of health and/or fitness to travel, then neither the carrier nor FOCL has any liability to the Passenger. 10.7 FOCL and/or the carrier and/or the health authorities at any port shall be entitled to administer a public health questionnaire. 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. Any refusal by a Passenger to complete a questionnaire may result in denied boarding. 10.8 The vessel's doctor has the authority to require a Passenger to remain in their cabin for health and safety reasons should they become ill during the Holiday. 10.9 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 of any food, it is his/her responsibility to report this to the carrier on boarding of the vessel and certainly before consuming any food. FOCL shall have no liability to any Passenger who has failed to notify the vessel of an allergy or food intolerance and becomes ill as a result of eating foods which they are allergic or intolerant to. Further, and irrespective of any notification provided to FOCL or to the carrier of any food allergies or intolerances, it remains your decision as to whether or not to consume any particular food items and you consume all food at your own risk. FOCL cannot be held responsible for the food allergies and intolerances of individual Passengers.Material facts11.1 It is a condition of the Contract for the supply of the Holiday (including carriage and insurance), that all material facts have been disclosed to FOCL as if FOCL was an insurer. A material fact is a fact likely to influence insurers in the acceptance or assessment of insurance (for example, details of your state of health or that of a close relative). Where there is doubt as to whether a fact is 'material' then it should be disclosed.Mobility and special assistance12.1 You must give written notice to FOCL at the time of Booking of any disability, mobility problem, or any other condition requiring special care, attention or treatment. If any such condition arises after the Contract is formed then written notice must be given to FOCL as soon as possible. It may not be possible satisfactorily to accommodate you with such a condition on board a FOCL vessel. Passage may therefore be refused to those with such a condition at the sole discretion of FOCL or the operating carrier. In any such event, a cancellation fee of the amount shown in the scale under paragraph 5 ("Cancellation by You") will apply. Children less than 6 months old and women who will be more than 28 weeks pregnant at the end of the Holiday are not permitted to travel. Disabled Passengers must be accompanied on board by an able bodied companion.12.2 It is recommended that medical advice is sought prior to Booking for children aged between 6 - 12 months. Documentary and medical requirements13.1 A full valid passport is required for all Holidays advertised in FOCL's Holiday brochures from time to time. Your passport must be valid for at least 6 months after the date of return to the UK (a shorter validity may be acceptable on certain itineraries, please check at time of Booking). You are responsible for ensuring compliance with all necessary visa and other documentary requirements for the entire Holiday, and shall have received all medical inoculations necessary (notwithstanding that FOCL may provide advice on these matters from time to time). At any port or place, FOCL or any other party involved in the supply of services in connection with your Holiday may refuse travel, accommodation, or disembark any Passenger without compensation who in the opinion of FOCL or any other party involved might be excluded from landing at any destination by Immigration or other Governmental Authorities or who may be suffering from contagious or infectious disease or whose presence may be considered detrimental to safety or comfort of other holidaymakers or crew members.Flights14.1 Prices for fly-cruises quoted in any FOCL Holiday brochure are inclusive of specially negotiated airfares which are subject to availability. If no aircraft seats are available at such prices in conjunction with a particular Holiday at the time of Booking then the fly-cruise option will not be offered. Flight upgrades/premium seats for fly-cruises are limited in number. They will be allocated at the time of Booking, subject to availability at the time of the Holiday. Aircraft configurations are subject to change and in the event of a flight operator being unable to provide premium seats on any service then any payment of or towards an upgrade supplement will be refunded in full.14.2 All published itineraries are based on current airline schedules or advised charter flights at the time of the Booking and may be subject to change at the option of the airline operator prior to the Departure Date. You will be notified of any such changes. Details of which aircraft operator will be used for your Holiday Booking and the type of aircraft operated cannot always be given at the time of Booking.14.3 The Passenger will receive confirmation of flight timings and routes with their travel documents, which will be sent out approximately 7 days before the Departure Date. 14.4 If the Contract does not include flights, it is the Passenger's responsibility to obtain a valid ticket direct from an air carrier suitable for and in time for travel to the vessel (and including local transfers which the Passenger must arrange). FOCL shall not be responsible for any liabilities arising in respect of flights or transfers arranged by the Passenger. Data15.1 The Passenger acknowledges that FOCL will require certain personal details from the Passenger in order to process a Booking and to fulfil the Contract for the supply of your Holiday. The Passenger hereby agrees to this information held being passed to any third parties in order for the supply of the Holiday. Personal details supplied to FOCL may also be used for marketing purposes. Marketing communications from FOCL will allow you the opportunity to opt out of further communications. FOCL will not disclose your personal details to third parties for marketing purposes without your express permission. Our data protection policy is set out in our privacy policy which is hereby expressly incorporated into these terms and conditions. Travel Insurance16.1 It is a condition of the Contract that travel insurance is taken out before travelling on any FOCL cruise holiday. This should cover all appropriate travel, cancellation, medical and repatriation liabilities for the Holiday. FOCL reserves the right to cancel the Contract without any liability or cost to the Passenger in the event that this paragraph 16.1 is not complied with by you. Final Holiday documents cannot be released until FOCL has received notification of your insurance policy details. 16.2 You will indemnify FOCL against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by FOCL arising as a result of:-16.2.1 any breach of the condition set out in paragraph 16.1 above, seeing your insurance deemed either invalid, inadequate and/or avoided; and16.2.2 any claim made against FOCL by a third party for death, personal injury or damage to property arising out of or in connection with breach of paragraph 16.1 above which is attributable to the acts or omissions of you. Variation17.1 No variation of these terms and conditions shall be effective unless in writing and signed by FOCL. Smoking Policy 18.1 Smoking is only permitted in certain dedicated external areas throughout the vessel. Smoking anywhere else is strictly prohibited.18.2 Throwing cigarette butts over the side of the ship is strictly prohibited.Liability of Employees, Servants and Subcontractors19.1 It is hereby expressly agreed that no servant or agent of FOCL and or the carrier, including the Captain/master and crew of the vessel concerned including independent subcontractors and their employees as well as the underwriters of these parties shall in any circumstance whatsoever be under any liability whatsoever beyond these terms and conditions and these parties may invoke these terms and conditions and the conditions to the same extent as FOCL and or the carrier. 19.2 FOCL has no direct control over the tour providers and their services. In no case whatsoever will FOCL be held liable for loss, damages and injuries by the Passenger as a result of the negligent act or omission or otherwise of the tour providers. FOCL will exercise reasonable skill and care in the selection of a reputable tour provider. In assessing performance and/or liability of any tour provider, local laws and regulations will apply. Rights of Third Parties20.1 Unless otherwise stated under these terms and conditions, a person who is not party to a Contract shall have no rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.Law and Jurisdiction21.1 These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.21.2 The parties irrevocable agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).Fred. Olsen Cruise Lines is a Member of ABTA with membership number W0637. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct.For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 68-71 Newman Street London W1T 3AH Tel: 020 7637 2444 or www.abta.com 170 Telephone 01473 742424 or contact your travel agentUnder the cruise booking terms and conditions, each person must be covered by travel insurance.We are pleased to introduce 24/7 cruise insurance, specially arranged for Fred. Olsen Cruise Lines by Travel Insurance Specialists, P J Hayman & Company Limited. Most standard travel insurance policies do not provide the level of cover necessary to ensure peace of mind should anything happen - before or during your cruise. 24/7 cruise insurance offers specific cover including longer durations, increased cancellation limits, cover for on board treatment and cabin confinement, higher possessions cover, emergency medical and repatriation.24/7 cruise insurance is available to all customers resident in the UK, Channel Islands or Republic of Ireland, regardless of age. Insurance cover is recommended to be purchased within 14 days of booking your cruise, where upon you will be immediately protected should you need to cancel your cruise.A summary of cover is shown opposite that will only commence upon payment of the premium. To book your insurance or to receive a quotation contact us by telephone on 0845 230 3514* or visit the website online at www.247cruiseinsurance.com/fo. Policy highlights include:. Specially arranged for Fred. Olsen Cruise Lines. Save 15% when booking online. Cancellation cover up to £50,000. No upper age limit. Emergency medical expenses including repatriation up to £5,000,000. Cover for pre-existing medical conditions?. Available for UK, Channel Islands & Republic of Ireland residents Cover includes:. Cabin confinement as a result of illness. Departure delay. Curtailment (cutting short your trip). Loss of personal possessions and money. Personal accident and personal liabilitySummary of Cover Limits (up to a maximum of)Cancellation chargesUp to cruise invoice Departure DelayMissed DepartureAbandonment£30 every 12 hoursMax £150£1,000Up to cruise invoicePersonal PossessionsIndividual ItemValuablesDelayed Possessions£2,500£250£400£200 after 12 hours delayPersonal MoneyCash limitLoss of Travel Documents£1,000 £250 on person£500Emergency Medical ExpensesHospital benefit / cabin confinementUp to £5,000,000£50 for each full day Max £1,000CurtailmentUp to cruise invoicePersonal Liability£2,000,000Personal Accident£10,000Legal Advice & Expenses£25,000ExcessAn excess of £100 for persons up to the age of 70 and £150 for those aged over 70 applies to Cancellation, Abandonment & Curtailment claims, £75 for persons up to the age of 70 and £150 for those aged over 70 for Emergency medical expenses and £75 for Personal possessions, Personal money and Legal advice and expenses claims. Personal Liability is £50 for persons up to the age of 70 and £125 for those aged over 70 except for damage to rented property claims when the excess is £250. Full policy details and wording is available on request or can be downloaded from the website.Fred. Olsen Cruise Lines Ltd is an Introducer Appointed Representative of P J Hayman & Company Limited, who are authorised and regulated by the Financial Services Authority.It is a requirement that travel insuranceis taken out before travelling on your Fred. Olsen cruise holiday.Travel Insurance To book your comprehensive travel insurance or to receive a quotationVisit www.247cruiseinsurance.com/fo (Save 15% when booking online)or call 0845 230 3514* and please quote 'FO12'* Opening times 8am to 6pm Monday-Friday, closed weekends and bank holidays? Subject to acceptance by insurers24/7 cruise insurance is a trading name of Travel Insurance Specialists P J Hayman & Company Limited. 24/7 Cruise Insurance is underwritten by the UK and Ireland Branch Ofice of Union Reiseversicherung AG (URV). The insurance is arranged by P J Hayman & Company Limited, Stansted House, Rowlands Castle, Hampshire, PO9 6DX. Registered in England No. 2534965. P J Hayman & Company Limited are authorised and regulated by the Financial Services Authority. FSA Register number 497103.Dedicated travel insurance specially designed for cruise holidays |