7.2 Any request for changes to be made must be in writing from the person who makes the booking or your travel agent. You will be asked to pay an administration fee of £20, and any further costs we incur in making this alteration. 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. 7.3 Please note that certain travel arrangements (e.g. Apex ticket) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. 7.4 Changes to flights are normally treated as cancellations by airlines. Some flights have conditions, which mean no changes can be made after we have confirmed the booking without you having to pay the full cost of the flight tickets originally booked. Should we be unable to assist you and you do not wish to continue with the original booking then we shall treat this as cancellation by you and cancellation fees will be payable.
8. Flights
8.1 This publication is the sole responsibility of FOT. It is not made on behalf of, and does not commit any airline mentioned or any other airline whose services are used during the course of the trip. Notwithstanding this any rules, regulations, terms and conditions published by any such airline will apply and may limit the airline’s liability to you in certain circumstances. 8.2 We shall provide details of the relevant airline routing and any intermediate stops as soon as possible, but any changes to the actual airline or routing are considered to be a minor change and if this happens, you will not be entitled to cancel without penalty nor will compensation be paid.
9. Obligation by You to Notify Any Breach in the Execution of the Contract 9.1 You undertake to notify any breach in the execution of the contract preferably “in situ” or, otherwise, as soon as possible in writing or in any other way to ensure that we, and where applicable, the provider of the service in question, is informed. In the event that the solutions adopted by us or the service provider were not deemed to be satisfactory for you, you shall have, independently of the content of the following section, 30 days to make a claim to us. In the maximum term of another 30 days we will answer in writing to the claims made within the deadline. All claims must be sent to the following e-mail address: sales@pullmanturcruises.co.uk
10. Prescription of Actions
10.1 Regardless of the provisions of the previous section, the period for the prescription of the action of submitting claims shall be two years to be counted as from: i) when the service in question is enforceable; ii) when the service is provided; or iii) the date on which you prove having requested that we or the service provider comply with any of the obligations agreed to.
11. Liability
11.1 The liability of FOT and any other party that may be involved in the supply of services in connection with this Contract for damages resulting from the breach or poor execution of services included in the trip may be limited by international conventions including those relating to carriage by sea, including the Athens Convention 1974 (as amended), carriage by air, including the Warsaw Convention 1929 (as amended by the Hague Protocol 1955) or the Montreal Convention 1999 or otherwise and hotel stays, including the Paris Convention1962, and in the case of all such conventions, any applicable Protocols or other amendments as made from time to time. Where these or any other conventions apply to any service or accommodation supplied during any part of the trip, whether or not directly supplied by us, then insofar as we may have any responsibility or liability, the limits of liability afforded by such conventions apply and any liability or responsibility in respect of us shall be determined accordingly. 11.2 Save as provided otherwise in these terms and conditions and subject to the provisions relating to liability, including limits in these terms and conditions, all arrangements for the provision of transport of passengers, their baggage and personal property, accommodation and other services are in addition to these terms and conditions subject to the terms and conditions of airlines and owners or operators of the cruise ships and all other service providers such as transfer operators, hotels, etc. 11.3 Unless otherwise provided for by force of law or in accordance with these terms and conditions, the liabilities, duties, obligations and responsibilities of FOT or any other party acting as operator or otherwise involved in the supply of services under this contract shall be limited in accordance with the limits applicable to a carrier under the Athens Convention 1974 (Carriage of Passengers and Luggage by Sea) as modified and set out in parts I and II of Schedule 6 of the Merchant Shipping Act 1955 (“the Convention”). 11.4 The liability of FOT or any other party acting as operator or otherwise involved in the supply of services under this Contract, for death or illness of, or personal injury to, any passenger, or the loss of or damage to the luggage of any passenger is limited to the maximum amount specified in Articles 7 and 8 of the Convention save in the case of valuables (as defined in Article 5 of the Convention) where no liability is accepted unless such valuables have been deposited with the carrier for the agreed purpose of safekeeping in which case liability will be limited to the limit provided for in Article 8(3) of the Convention. 11.5 No responsibility is accepted for loss or damage caused to passengers by failure to perform the contract or improper performance of the contract where the failure or improper performance happens without fault on the part of FOT or any other party acting as operator or otherwise involved in the supply of services under this Contract because: (i) The fault detected in the execution of the contract can be attributed to you. (ii) The flaws can be attributed to a third party outside the provision of the services featured in the Contract and are of an unforeseeable or insurmountable nature. (iii) The faults referred to are the result of “force majeure”. This is understood to refer to circumstances beyond the control of he/she who alleges them, abnormal and unforeseeable, the consequences of which could not have been avoided in spite of having acted with due diligence.
(iv) The faults are due to an event which we or, where applicable, the service provider in spite of having acted with all the due diligence required, could not foresee or overcome. 11.6 No liability is accepted in respect of arrangements or commitments made by or on behalf of the passenger that are not part of the package Contract. 11.7 If any term, condition, section or provision becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force. 11.8 In the event FOT has any legal liability for any loss of or damage to property otherwise than in accordance with the Convention and any other applicable conventions including the Montreal conventions then its liability shall not at any time exceed £250 per passenger and FOT shall not at any time be liable for loss of or to any money, jewellery, valuables or medication. Passengers are advised not to pack money, jewellery, other valuables or medication in their luggage and must ensure that their personal possessions and valuables are with them at all times. 11.9 All carriage (by land, air and sea) is subject to the conditions of carriage of the actual operator/carrier. These may limit or exclude liability. Save as otherwise provided in these Conditions, the carriers’ conditions of carriage are expressly incorporated into the Contract and are deemed to be expressly accepted by you at the time of booking. 11.10 FOT’s liability will not at any time exceed that of any carrier under the carrier’s conditions of carriage and/or applicable or incorporated conventions. 11.11 Tour providers. FOT has no direct control over the tour providers and their services. In no case, whatsoever, will FOT be held liable for loss, damages and injuries incurred by you as a result of the negligent act or omission or otherwise of the tour providers. Reasonable skill and care will be exercised by the service provider in the selection of a reputable tour provider. In assessing performance and/or liability of any tour provider, local laws and regulations will apply.
12. Mobility, Medical Matters and Special Assistance
12.1 The ships have a limited number of cabins adapted for disabled passengers, and not all areas or facilities on board can be accessed by the disabled, nor are they specifically equipped for such passengers. 12.2 We inform disabled passengers or people with reduced mobility, whose contracted cruise has its port of embarkation located within a member state of the European Union, or the port of embarkation of which is located outside the territory of a member state and port of disembarkation is located in the territory of a member state that whenever it is strictly necessary, and according to the following conditions: (i) in order to meet the security requirements set forth by the regulations/enforcing authorities; or (ii) if the design of the vessel or the infrastructures and port facilities, including terminal facilities, make it impossible for the passenger to safely or practically embark or disembark, or to transport the person in question, we may require that a disabled passenger or person with reduced mobility is accompanied by another person capable of providing the required assistance. This person must be an adult, who will not be subject to any cost, exclusively for the services related to the cruise. 12.3 Passenger obligations. You must give written notice to us at the time of booking of any disability, mobility problem or any other condition requiring special care, specific assistance, attention or treatment. If any such condition arises after the contract is formed then written notice must be given to us as soon as possible, and in any event, no later than 48 hours prior to departure. We shall make all reasonable endeavours to provide any specified assistance where requested. 12.4 If, in our reasonable opinion, a passenger’s disability, mobility problem or medical condition cannot be accommodated safely by the cruise vessel or any other transport provider that would breach national and international maritime and aviation safety standards, then we reserve the right to refuse passage. If refusal is based upon this paragraph then you shall be provided with reasons, in writing by us within 5 days of refusal. In any such event, the passenger shall have the option of reimbursement or, if possible, re-routing. 12.5 Given that the ships are not equipped for assisting in pregnancies and births, no reservations are accepted from passengers who, at the end of the trip, would be in their 24th week of pregnancy, or who are at a more advanced stage of their pregnancy. 12.6 When boarding, pregnant passengers must provide a medically approved certificate confirming the good state of their health and that of the baby, whilst the foreseen birth date is stated as is the medical aptitude of the passenger to participate in the trip. We and the ship accept no liability, which could be derived during the trip or after as the consequence of complications during pregnancy or other related events which means that pregnant passengers shall board, providing the aforementioned criteria have been met, under their entire responsibility. For safety reasons, and specifically due to not having incubators designed for the transport of new born babies, and the material required to attend to them on board, we will not accept bookings for infants who are not over six months old on the scheduled embarkation date. 12.7 Doctor on board. The ship has all the necessary professional emergency care, until there is available land medical care. If resorting to the services of the doctor on board this is on a voluntary basis and the cost of the consultations shall be borne by you. The decisions taken by the doctor on board with regard to a passenger’s aptitude for boarding or continuing the cruise are binding and irrefutable. 12.8 You are responsible for ensuring you have received all necessary medical inoculations (notwithstanding that we may provide advice on these matters from time to time). We or any party involved in the supply of services reserve the right to disembark any passenger without compensation who in the opinion of us or other party involved may be suffering from a contagious or infectious disease or whose presence may be considered detrimental to the safety or comfort of other holidaymakers or crew members.
13. Conduct, Safety and Security
13.1 You must behave in a manner which does not put the safety, peace and enjoyment of the cruise by other passengers at risk. You shall adopt the caution and diligence standards reasonably required and shall comply with the administrative and legal provisions in relation to the trip.
13.2 You are prohibited from taking goods, alcoholic beverages, live animals (except for recognised guide dogs for people with visual disability) weapons, ammunition, explosives, flammable, toxic or hazardous substances on board the ship without written consent from us. 13.3 Use in the cabins of any personal electrical appliance or electrical heating device such as irons, kettles, teapots, electric pans or saucepans, hair tongs, hair dryers, heaters, radiators, etc. are totally prohibited. 13.4 The embarkation of any type of vehicle is not allowed regardless of whether the traction is animal, human, electrical or mechanical, except for those used by people with some type of disability or handicap and that are essential for guaranteeing their autonomy. If this is breached, the devices found will be taken away by the crew and cannot be used until the end of the cruise, when they will be returned to their respective owners. You shall be held responsible for damages suffered by us as the result of a breach of his/her obligations as described in these terms and conditions, and in particular, shall respond to any damages incurred by other passengers and third parties as well as any fines and costs which, due to them, we or Pullmantur is obliged to pay to port, customs or health authorities or any others in any country in which the cruise makes a stopover.
14. Travel Insurance
14.1 When confirming the reservation, you will be informed that it is a condition of the Contract to take out travel insurance prior to departure, which covers the costs of cancellation, medical, emergency airlift/ boat transfer at sea and repatriation liabilities for the holiday. FOT reserves the right to cancel the contract without any liability or cost to you in the event that you do not comply with this paragraph. Final holiday documentation cannot be released until we have received notification of your insurance policy details. 14.2 Destinations in the Caribbean, at specific times of the year, could experience hurricanes. For this purpose it is, nevertheless, recommended that you contact the relevant authority and bodies.
15. Passports, Visas and Documentation
15.1 All passengers, without exception (including children), must have an individual passport, valid for at least 6 months after the date of return to the UK, and/or other valid documents for all the countries included in the itinerary of the trip, and entry and transit visas and health certificates that might be required. It shall therefore be your responsibility when trips require, to obtain relevant visas, passports, vaccination certificates, etc. 15.2 In the event that a visa application is refused by any Authority, for specific reasons relating to the user, or their entry to a country is refused as the result of not meeting the requirements in force or due to not having the required documentation or not carrying such documentation on their person, we accept no liability whatsoever for occurrences of this nature. You must bear any costs incurred whilst in those circumstances, the conditions and rules established for the voluntary withdrawal of services shall be applicable. 15.3 Passengers under the age of 18, or those considered as minors in accordance with the legislation in the country in question, who are travelling alone or with anyone other than their parents must also provide written authorisation from their parents or legal guardians, together with a copy of their credentials, since such documents may be requested by any authority. These documents must also include the contact details for parents or legal guardians in order that they may be contacted in the event of an emergency. 15.4 Parents or legal guardians travelling with a passenger under the age of 18, or a minor, who has a different surname to the parents or legal guardians will be required to produce official proof such as a full birth certificate/wedding certificate/ divorce papers to prove that they are the parents or legal guardians of the passenger under the age of 18 or minor concerned.
16. Further Information
16.1 You can embark free of charge 30 kilogrammes of luggage on board Pullmantur cruise vessels. However, if your package includes flights or any other elements then it will be your responsibility to ensure the correct weight of luggage is taken. All excess luggage will be charged at your expense using the current luggage charge, without prejudice to the carrier’s right to limit the weight of the excess luggage.
17. Acting as Agent
17.1 Where we act only as agent for Pullmantur, we will pass on a confirmation invoice on their behalf with the holiday price converted to Sterling, which you should check to ensure accuracy. In these situations, our liability is limited to situations of proven negligence on our part, and any other claims must be sent direct to Pullmantur, with who you shall be in contract. In these circumstances, all monies you pay to the travel agent are held by him on our behalf at all times.
18. Data
18.1 Personal details will be held and processed by us to enable fulfilment of the Holiday contract. You hereby agree to this information being passed to any third parties in order for the supply of the Holiday. Personal details supplied to us may also be used for marketing purposes. Marketing communications from us will allow you the opportunity to opt out of further marketing communications. We will not disclose personal details to third parties for marketing purposes without express permission.
19. Law and Jurisdiction
19.1 These 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. 19.2 The parties irrevocably 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 Conditions or its subject matter or formation (including noncontractual disputes or claims).
Issued December 2014
Book your Pullmantur cruise with your travel agent or call 0800 021 3180
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