if we are found liable to you on any basis the maximum amount we will have to
pay you is three times the price (excluding insurance premiums and amendment
fees) paid by or on behalf of the person(s) affected in total unless a lower limitation
applies to your claim under clause 25 below. This maximum amount will only be
payable where everything has gone wrong and you have not received any benefit
at all from your tour.
25. Where any claim or part of a claim (including those involving death or personal
injury) concerns or is based on any travel arrangements (including the process
of getting on and/or off the transport concerned) provided by any air, sea or
rail carrier to which any international convention or EU regulation applies, the
maximum amount of compensation we will have to pay you will be limited. The
most we will have to pay you for that claim or that part of a claim if found liable to
you on any basis is the most the carrier concerned would have to pay under the
international convention or regulation which applies to the travel arrangements
in question (for example, the Warsaw Convention as amended or unamended
and the Montreal Convention for international travel by air and/or for airlines with
an operating licence granted by an EU country, the EC Regulation on Air Carrier
Liability No 889/2002 for national and international travel by air, the Athens
Convention for international travel by sea (as amended by the 2002 Protocol where
applicable) and COTIF, the Convention on International Travel by Rail). Please note:
where a carrier or hotelier would not be obliged to make any payment to you under
and in accordance with the applicable international convention or regulation in
respect of a claim or part of a claim, we similarly are not obliged to make a payment
to you for that claim or part of the claim. When making any payment, we are
entitled to deduct any money which you have received or are entitled to receive
from the carrier for the claim in question. Copies of the applicable international
conventions and regulations are available from us on request.
26. Please note, we cannot accept any liability for any damage, loss, expense or
other sum(s) of any description (a) 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 or (b)
which did not result from any breach of contract or other fault by ourselves or
our employees or, where we are responsible for them, our suppliers. Additionally
we cannot accept liability for any business losses including self employed loss of
earnings.
Suppliers
27. Many of the services which make up your tour are provided by independent
suppliers. Those suppliers provide these services in accordance with their own
terms and conditions. Some of these terms and conditions may limit or exclude
the supplier’s liability to you, usually in accordance with applicable international
conventions (see clause 25). Copies of the relevant parts of these terms and
conditions and of the international conventions are available on request from
ourselves or the supplier concerned.
Force Majeure
28. Except where otherwise expressly stated in these terms and conditions we
regret we cannot accept liability or pay any compensation where the performance
or prompt performance of our obligations under our contract with you is prevented
or affected by or you otherwise suffer any damage, loss or expense of any nature
as a result of Force Majeure. “Force Majeure” means any event which we or the
supplier of the service(s) in question could not, even with all due care, foresee
or avoid. Such events are likely to include (whether actual or threatened) war,
terrorism, exceptionally high or low water levels, sea ice, lock closures, fire, flooding,
unusual weather conditions, loss of power, epidemics or pandemics, industrial
disputes, slow-downs or other strike activities, riots or civil disturbances, acts of
government, government agencies or other authorities, inability to obtain any
necessary licence or consent through no fault of ours and any other event or
circumstances beyond the control of us or any supplier of any part of your tour. Risk
and travel insurance
29. You acknowledge and accept that there are inherent risks associated with our
tours for example events of Force Majeure, hazards of travelling in undeveloped
areas, travel by boat, train, automobile, aircraft or other means of transportation
particularly in underdeveloped countries or more remote locations.
30. You must take out adequate and appropriate travel insurance to cover as a
minimum cancellation by you, loss of luggage, early return following death of a
relative, and emergency repatriation (from remote ocean locations) in the event of
accident or illness.
31. Please read your policy details carefully and take them with you on your tour. It is
your responsibility to ensure that the insurance cover you purchase is suitable and
adequate for your particular needs.
Itinerary changes and travel advice
32. During local or national holidays, certain facilities such as museums and
restaurants, sightseeing tours and shopping may be limited or not available.
Alternatives will be offered if possible.
33. The Foreign and Commonwealth Office may have issued information about
your tour destination. You are advised to check this information on the internet at
www.gov.uk/foreign-travel-advice.
Smoking
34. Smoking is limited to designated smoking areas and is not permitted in suites or
on verandahs and terraces.
(a) You acknowledge that we may restrict smoking to specific times and locations
during your cruise for the comfort of all passengers. (b) Smoking is not permitted
on coaches/transfer vehicles, experience vessels, or such other places as nominated
by us from time to time.
Baggage allowance
35. You are entitled to carry one suitcase per person with the total sum of its
length, width and height not exceeding 76 x 53 x 28cm/30 x 21 x 11in (62 inches)
and weight 23kg (50 lbs). Personal and valuable items such as make-up, cameras,
medication, passport, money/credit cards etc. should be carried in a travel bag or
on your person. You must ensure that luggage meets the weight requirements as
overweight or oversize items will not be carried. Some carriers may impose a small
surcharge per day for a second suitcase per person. Excess baggage is always at
your cost.
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Young travellers
36. Travellers who are less than 18 years old on the departure date must be
accompanied by and share a cabin/room with an adult aged 18 or over. Children
under the age of 12 years are not encouraged and are accepted or rejected at our
sole discretion.
Complaints, ADR, and Damage
37. If a problem occurs during your tour, you must advise our representative
immediately so that steps can be taken to resolve the matter and you can continue
to enjoy the remainder of your tour. You must also advise the supplier concerned.
Any verbal notification must be put in writing and given to our representative/
agent and the supplier as soon as possible. If we do not have or you cannot contact
our local representative or agent and any complaint or problem is not resolved to
your satisfaction by the supplier, you must contact us in the UK using the contact
details we have provided you with during your holiday, giving us full details and a
contact number. Until we know about a complaint or problem, we cannot begin
to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied,
any complaint must be made in writing to us giving full details within 30 days of
the end of the tour. If you fail to follow this simple procedure, your right to claim
compensation you may otherwise have been entitled to may be affected or even
lost as a result. Only the lead name should write to us. Disputes arising out of, or in
connection with your booking which cannot be amicably settled may be referred
to ABTA’s ADR Scheme for the resolution of disputes which is approved by the
Chartered Trading Standards Institute and available from www.abta.com.
38. When you book with us, you accept responsibility for any damage or loss
caused by you or any member of your party. Full payment for any such damage
or loss (reasonably estimated if not precisely known) must be made direct to the
accommodation owner or manager or other supplier or to us as soon as possible.
If the actual cost of the loss or damage exceeds the amount paid where estimated,
you must pay the difference once known. If the actual cost is less than the amount
paid, the difference will be refunded. You will also be responsible for meeting any
claims subsequently made against us and all costs incurred by us (including our
own and the other party’s full legal costs) as a result of your actions. You should
ensure you have appropriate travel insurance to protect you if this situation arises.
Included in your fare
39. All airfares/rail travel from the UK (unless specified at the time of booking, e.g.
selected special offers), coach travel, all cruise travel, services of a Cruise Director (if
applicable), airport transfers, port charges, meals, accommodation, sightseeing and
admissions and other services as expressly indicated in the itinerary, all gratuities
and tipping on land tours and cruises except as set out below.
NOT included in your fare
40. Gratuities and tips to any staff on cruise ships not operated by us (unless
otherwise expressly advised), meals not specified in the itinerary, drinks unless
otherwise stated, spa and beauty treatments, hairdressers, medical services,
laundry, passport fees, expenses of a personal nature, travel between train stations,
helicopter, submarine, scuba diving, and any other items which are not expressly
included in the cost of your tour.
Experiences can only be booked whilst on-board including but not limited to the
Zodiac.
Changes to flight schedules may require additional overnight accommodation at
either commencement or completion of tour which is at your own expense. For the
avoidance of doubt hotel accommodation is not provided on an all-inclusive basis.
Airfare conditions
41. Air travel is based on a specific class and is subject to availability at time of
booking. If booking a promotional cruise, all inclusions and conditions may differ.
Please check promotional booking conditions. Full details and conditions may be
obtained from us. Changes to original tickets may incur amendment or cancellation
fees and are subject to availability. Please see clauses 17 and 18 above.
Flights
42. In accordance with EU Directive (EC) No 2111/2005, 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 within the European Union. The
Community list is available for inspection at http://ec.europa.eu/transport/modes/
air/safety/air-ban_en. We are also 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. 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 clauses 14 to 16 will apply. Any change in the identity
of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to
cancel or change to other arrangements without paying our normal charges except
where specified in these conditions.
43. If you suffer a delay to your outbound travel arrangements, we will do our
best to assist you make the start of your tour or, if this cannot be achieved, join it
as soon as possible any costs we incur in making any alternative arrangements
in this situation will be your responsibility. In the event of a flight delay, the airline
concerned may provide refreshments and/or other assistance depending on
factors such as the length of the delay, time of day and number of passengers
affected. We cannot accept liability for any delay which is due to any of the reasons
set out in clause 21 (which includes the behaviour of any passenger(s) on the flight
who, for example, fails to check in or board on time).
44. If your flight is cancelled or delayed, your flight ticket is downgraded or
boarding is denied by your airline, depending on the circumstances, the airline
may be required to pay you compensation, refund the cost of your flight and/or
provide you with accommodation and/or refreshments under EC Regulation No
261/2004 – the Denied Boarding Regulations 2004. Where applicable, you must
pursue the airline for the compensation or other payment due to you. All sums
you receive or are entitled to receive from the airline concerned by virtue of these
Regulations represent the full amount of your entitlement to compensation or
any other payment arising from such cancellation, delay, downgrading or denied
Call us on 0808 296 3399 visit emeraldyachtcruises.co.uk or contact your local travel agent