THE CRUISE PRO LIMITED
BOOKING TERMS AND CONDITIONS
These Booking Conditions, together with our privacy policy any other written information we brought to your attention before we confirmed your booking set out the details of your booking with The Cruise Pro Limited. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “the client”, “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 added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
- He/she consents to our use of information in accordance with our Privacy Policy;
- He/she is over 18 years of age and resident in the United Kingdom (if you are based outside of the United Kingdom, please contact us before making a booking) 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.
Our obligations to you will vary depending upon whether we package a cruise package holiday for you or otherwise act as an agent for another travel supplier. We will tell you the capacity in which we act prior to confirming your booking. The conditions which apply to different bookings are set out below in three separate sections. Section A sets out the conditions which apply to all bookings. Section B sets out the conditions which apply when we act as an agent for another travel supplier (in which case your contract will be with that other travel supplier). Section C sets out the conditions which apply when we package your cruise holiday (in which case your contract will be with us).
SECTION A – APPLICABLE TO ALL BOOKINGS
BOOKING
When a booking is made all details will be read back to you. Once you have confirmed these details we will proceed to confirm the booking with the principal(s) or supplier(s) (where relevant). When you make your booking, you must pay the relevant deposit as specified at the time of booking. If you believe that any details on the confirmation receipt (or any other document) are wrong, you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport.
The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are traveling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.
If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our privacy policy are available upon request.
PAYMENT
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date (i) where we act as an agent, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions, and (ii) where you have booked a package with us, you will be subject to our cancellation charges (see section C below). Full payment is due 17 weeks prior to departure. The Cruise Pro Limited at its discretion can offer a low deposit scheme in respect of certain bookings. If a low deposit is offered, you will still be required to pay the balance of your deposit if you decide to cancel your booking.
ACCURACY
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
SPECIAL REQUESTS
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier, but we do not guarantee that they will be met and we will have no liability to you if they are not.
INSURANCE
Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If you fail to travel with adequate insurance cover, we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
ELDERLY/DISABLED CLIENTS
Where we are acting as an agent we are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking. You must make all such requests in advance before a booking is confirmed.
Where you are booking a package holiday with us and you or any member of your party have any disabilities, it is extremely important that we make the necessary arrangements to make your holiday go smoothly. We must therefore insist that you contact our offices on the customer service number before completing any reservation to ensure compatibility for the holiday that you chose.
BEHAVIOUR
Please be aware that the booking conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation or cruise ship. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
PASSPORTS AND VISAS
We can provide general information about the passport and visa requirements for your trip. 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. Please visit https://www.gov.uk/travelaware as Visa/Passport information can change regularly. To obtain a Visa you can search the relevant country online for further information. Neither we nor the principal(s) or supplier(s) accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details.
STAYING SAFE AND HEALTHY ABROAD
The Foreign & Commonwealth Office ( FCO ) and the NHS have up-to-date advice on staying safe and healthy abroad
For up to date health care please visit:
http://www.fitfortravel.nhs.uk/home.aspx
For up to date information on security / Visas & Passports please visit:
https://www.gov.uk/travelaware
Advice can change so check regularly for any updates.
FINAL TRAVEL ARRANGEMENTS
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport.
COMPLAINTS
Where we are acting as an agent, the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent immediately. If you fail to follow this procedure, there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may also be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, write to the supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish – please contact our Customer Support team. If the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA, details of which are below.
Where you have booked a package holiday with us, please inform the relevant supplier immediately and also contact us on the numbers listed on our website or any confirmation documents that we send to you. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us by email at customer.support@thecruisepro.co.uk giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay and complete a report form whilst on holiday. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Should you have cause to complain, please contact us using the following email address: customersupport@thesruisepro.co.uk . In the event that your complaint remains unresolved following our complaints procedure, you may wish to refer the matter to the European Commission’s Online Dispute Resolution Platform which can be accessed using the following link: http://ec.europa.eu/odr
ABTA
We are a member of ABTA, our membership number is P7227 where we act as an agent our membership number is P7227 where we act as a Tour Operator Our membership number is Y6489 . 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, or in connection with, any contract you have with us. The arbitration scheme is administered independently by CEDR Solve. 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. Any Cruise Pro Limited voucher that is purchased is not covered by ABTA’s scheme of financial protection.
FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. 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 all similar events outside our or the supplier concerned control.
LAW AND JURISDICTION
These terms of business are governed by English law and the courts of England and Wales have exclusive jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scots or Northern Irish law, as applicable.)
CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. 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 are available on request from us or the supplier concerned.
DATA PROTECTION AND PRIVACY
Please see our privacy policy for full information regarding the way in which we use and store your personal data.
SECTION B – AGENCY BOOKINGS
This section applies to bookings we make for you when acting as agent.
YOUR CONTRACT
When making your booking we will arrange for you to enter into a contract with the supplier (tour operator/airline/cruise Company or other supplier) named on your receipt. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
FINANCIAL PROTECTION
All the package holidays of our suppliers that we sell come with protection for your money. Package holidays are protected by the package organiser and we will provide you with their confirmation.
CANCELLATION AND AMENDMENT
You can communicate any cancellation request to us via telephone, however for any cancellation to take effect this must be followed up by also sending the request to us in writing, and we recommend that you do so by way of recorded delivery or by way of e-mail. Any amendment request may also be sent to us in writing or alternatively communicated to us by telephone. If you cancel or amend your booking the supplier may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must pay us the cancellation or amendment charge stated below. Imagine at its discretion can offer a low deposit scheme in respect of certain bookings. If a low deposit is offered you will still be required to pay the balance of your deposit if you decide to cancel your booking
CHANGES OR CANCELLATIONS BY THE SUPPLIER
We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.
OUR SERVICE CHARGES
In certain circumstances we apply a service charge for the services we provide:
| SERVICE | CHARGE |
| Booking Fee | £0 |
| Cancellation or amendment | Supplier’s charge + £25 |
| Tickets despatched by courier | Cost of courier + £10 |
| Tickets despatched by insured delivery | Postal charge + £10 |
PAYMENT
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. All balances are due 17 weeks prior to departure. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.
OUR RESPONSIBILITY FOR YOUR BOOKING
Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
ONLINE BOOKING (P&O AND CUNARD)
By clicking to book your cruise holiday and entering your personal and payment details onto our website, you are making us an offer to purchase the arrangements selected, if they are available.
When we receive this offer, we will contact the supplier of the arrangements concerned. Each supplier will require a short period of time to check to see if your chosen arrangements are still available at the price quoted. We will not take any payment from you at this stage.
When you make an offer to us to purchase the arrangements selected and should the arrangements requested be available at the price quoted payment will be taken from you at this stage and your booking with be confirmed by the issue of a confirmation invoice. Your contract will come into existence as set out under sections A & B. If the arrangements are available but not at the price quoted, we will contact you by telephone or by email to give you the option to purchase the arrangements at the revised priced.
Your booking will be confirmed by the issue of a confirmation invoice and your contract will come into existence as set out under sections A & B. Please note that each booking is treated separately on our online system. If larger groups want to be sure of sufficient availability for any cruise / flight they should call our call centre. If two parts of the same group book online on two separate bookings and the holiday availability expires between the two booking’s we regret therefore that we are unable to cancel the first booked holiday without applying cancellation charges as levied upon us by the tour operators.
SECTION C: PACKAGE HOLIDAY BOOKINGS
When we package your cruise holiday for you, your contract will be with us and the following booking conditions set out an this section C will apply to your booking.
DEFINITION OF PACKAGE
A “Package Holiday” exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. Where you have booked a Package Holiday with us, we will accept responsibility for it in accordance with these Booking Conditions as an “Organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992.
FINANCIAL PROTECTION
We provide full financial protection for our package holidays, by way of our Air Travel Organiser’s Licence number 5534 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 aren’t 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 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 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 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 claims against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
PRICING
When you book travel arrangements with us, you must pay either a deposit (to be advised at the point of booking) or the full balance of the total advertised price, if booking within 17 weeks of departure. Where you pay only a deposit at the time of booking, full payment is due no later than 17 weeks prior to departure.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, and any other airline cost changes which are part of our contracts with airlines (and their agents), operators and any other transport provider; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price.
We will absorb, and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus any applicable administration charges together with any amounts to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. 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. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed 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.
CHANGES BY YOU
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £25 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. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that written notice is given. An administration fee will be charged, details available upon request.
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.
IF YOU CANCEL
If you or any other member of your party decides to cancel your confirmed booking you can communicate your request to us via telephone; however, for the cancellation to take effect, this must be followed up by also sending the request to us in writing. We recommend that you use recorded delivery or alternatively e-mail. Your notice of cancellation will take effect 2 days after it has been sent by you by way of recorded delivery. Communications must arrive no later than 3pm, Monday-Friday, to allow time to process the cancellation with our suppliers. Any cancellation requests received after this time or on a Saturday or Sunday will be deemed to have been received on the next working day. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person to whom they apply cancelling).
| Period before departure within which notice of cancellation by us | Amount of cancellation charge |
| 119 days or more | Loss of deposit |
| 118 – 36 days | 75% of holiday cost |
| 35 days or less | 100% of holiday cost |
Please note that certain arrangements, particularly flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above. 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 charges from any monies you have already paid to us. The Cruise Pro Limited, at its discretion can offer a low deposit scheme in respect of certain bookings. If a low deposit is offered, you will still be required to pay the balance of your deposit if you decide to cancel your booking.
IF WE CHANGE OR CANCEL YOUR PACKAGE HOLIDAY
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. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 70 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, a change of outward departure time or overall length of your arrangements of twelve or more hours. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of i) (for major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we make a major change or cancel, less than 70 days before departure, we will also pay compensation as detailed below:
Period before departure within which notice of Cancellation or major change is notified to you if we make a major change or cancel your holiday:
| More than 70 days Nil | Nil |
| From 69 to 43 days £20 | £20 |
| From 42 to 29 days £30 | £30 |
| Less than 29 days £40 | £40 |
We will not pay you compensation where we make a major change or cancel more than 70 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason not less than 70 days before departure).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by “force majeure” to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
If you have taken the option to receive a complimentary upgrade, should one become available you could be allocated a cabin anywhere on the ship. Once your cabin has been allocated you will not be able to revert back to your original cabin or grade.
IF YOU WISH TO TRANSFER YOUR PACKAGE HOLIDAY
If you wish to transfer to another cruise, this will be treated as a cancellation. “we” /”us “, at its discretion, may allow the transfer to occur without treating it as a cancellation, if the new cruise to which the transfer is to be made, departs within 6 months of the original booking and is for the same or a higher price than the original booking. If you wish to amend or cancel an existing element of your holiday, your holiday cost will remain at the same value or higher than the price of the original booking and can not be reduced. Agreement to transfer a cruise would be conditional upon request, in writing from the lead passenger, being made more than 17 weeks before the original scheduled departure date. This is subject to availability and any expenses (such as airline, hotel and cruise charges) incurred by “we” /”us “as a result of the request to transfer. A transfer would only be allowed on one occasion and any discount or promotion applicable to the original booking will not be applied to the new booking and in this case you will be required to pay any difference in price. Should a request be made for an amendment which is outside the above criteria, then it will be at the discretion of “we” /”us “as to whether this request is honoured or not. The criteria for allowing transfers may be changed by “we” /”us “at any time without notice.
OUR RESPONSIBILITIES TO YOU IN RESPECT OF PACKAGE HOLIDAYS
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. 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.
2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(i) the act(s) and/or omission(s) of the person(s) affected;
(ii) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(iii) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(iv) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(i) for loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind;
(ii) for claims not falling under 3(i) above and which don’t involve injury, illness or death, the maximum amount we will have to pay you in respect of these claims is twice 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 booking.
(iii) for claims in respect of international travel by air and sea, or any stay in a hotel, the extent of our liability 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 for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
4) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
5) 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. 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.
6) Please note, we cannot accept any liability 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 booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you.
7) We will not accept responsibility 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 whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
8) Circumstances beyond our control relating to a venue or performer unavailability (for example, caused by weather conditions, health & otherwise), may cause some of the itinerary we have described to be unavailable or different from those advertised. Whilst we always try endeavour to avoid changes and cancellations, we must reserve the right to do so. For further details regarding our obligations in the event of a significant change or cancellation, please see our Booking Terms and Conditions*.
DELAYS, MISSED TRANSPORT ARRANGEMENTS AND OTHER TRAVEL INFORMATION
If you or any member of your party misses your flight or other transport arrangement, it is cancelled, or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
The Package Travel Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay, which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
OUR SERVICE CHARGES
In certain circumstances we apply a service charge for the services we provide:
| SERVICE | CHARGE |
| Booking Fee | £0 |
| Late payment Fee | £75 |
| Tickets despatched by courier | Cost of courier + £10 |
| Tickets despatched by insured delivery | Postal charge + £10 |
PHOTOGRAPHS AND PUBLICITY
You agree that you may be photographed in the course of a cruise for the purpose of The Cruise Pro‘s future publicity and that any written comments you make about the cruise or The Cruise Pro may be published by us.