Booking Terms and Conditions
1 THE CONTRACT
1.1 The contract is between HEBRIDEAN ISLAND CRUISES LIMITED (‘The Company’, ‘we’, ‘us’) and each person booking with the Company (including the parents or guardian of any person under 18 years of age) (‘the Passengers’, ‘you’, ‘your). Please note that information contained in the section headed “General Information” in our brochure or in these or any other comparable sections, and any other relevant information on our website also forms part of your contract with the Company.
1.2 The Lead Passenger warrants as a fundamental term of the contract that he/she has read these terms and conditions and has the authority to and agrees to be bound by them. Furthermore that he/she is authorised by each Passenger named on the confirmation invoice (and, where such passenger is under 18, by his or her parents or guardian) to enter into a contract with the Company on their behalf. Unless otherwise indicated, the Lead Passenger warrants that the Passenger information given may be used by the Company or its partners for future marketing purposes.
1.3 No contract exists until the Company has received the full deposit (or, where appropriate, the full price) and a confirmation invoice has been issued. Please note that a contract will exist even if the Company is unable to confirm all holiday details (e.g. flights) at the time of booking. A confirmation invoice will be sent to the Lead Passenger.
1.4 All details on the confirmation invoice (and on any additional documents produced by the Company) will be deemed to have been accepted unless the Company receives notification to the contrary in writing from the Lead Passenger within 14 days of the date of dispatch (which will be deemed to be 2 days after the date of issue). If any errors are not immediately identified and reported, any cost of rectifying the same at a subsequent date must be met by the Passenger. Please note that Passengers not following these instructions will be fully liable for any costs that may subsequently be incurred in rectifying errors at a later date. In the case of flight tickets and e-tickets these must be checked by Passengers and the Company must be notified of any errors immediately.
1.5 It is expressly agreed that all Passengers and their luggage are carried subject to the Conditions of Carriage of the airlines and shipping company used, some of which limit or exclude liability. Copies of these conditions are available on request. Any compensation payable for non-performance or improper performance of land, sea and air carriage services shall be limited in accordance with the international conventions which govern such services.
1.6 All monies the Passengers pay to a travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to the Company for so long as the Company does not fail. If the Company fails, any money held at that time by the agent, or subsequently accepted from the Passengers by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without obligation to pay that money to the Company.
1.7 The Company reserves the right to cancel bookings and levy cancellation charges on the scale in section 7 below if balance payments are not received in full at least 16 weeks before departure.
1.8 Travel insurance (where purchased through us or directly with a third party) does not form part of your contract with the Company or of any “package”.
1.9 All employees, agents, contractors, sub-contractors, suppliers and insurers of the Company shall be bound by these Booking Terms and Conditions.
1.10 These Booking Terms and Conditions apply only to cruise packages booked directly with the Company or through a Travel Agent and where the Company is acting as principal.
1.11 The contract and all other proceedings arising out of or in connection with it shall be governed by English law and the jurisdiction of the English courts. Passengers may, however, choose the law and jurisdiction of Scotland or Northern Ireland if they so wish. If and in so far as a claim against the Company is governed by the Athens Convention it may be brought in any Court specified in Article 17 of the Convention.
2 THE BOOKING PROCESS
2.1 A deposit of 25% of the total fare due, or full payment for bookings taken within 17 weeks of departure, is due on booking. A higher deposit may be payable if any supplier(s) require additional payments for a service prior to the balance due date. Payment of a deposit means acceptance of these Booking Terms and Conditions. The Company takes no responsibility for foreign currency transaction processing fees levied by issuing banks.
2.2 If the deposit and/or balance are not paid on time, the Company reserves the right to cancel the contract and apply any cancellation charges set out in section 7.
2.3 Passengers with physical or mental disabilities or other conditions which may require special treatment or assistance (including Passengers who may require the use of a wheelchair) must advise the Company at the point of enquiry. They may then be required to complete a questionnaire before the suitability of the holiday is assessed, see section 10.
2.4 The Company may (at its discretion) offer Passengers at the time of booking a guaranteed cabin booking (a “Guarantee Cabin”). Under such offers a Passenger is guaranteed to receive a cabin of a specified type although the precise location of the cabin is at the Company’s discretion. The Company may (at its discretion) upgrade a Guarantee Cabin to a higher category cabin at no additional cost to the Passenger. The Company may allocate specific cabins under guarantee offers at any time up until the Passenger arrives on the vessel at the port of embarkation. Once Guarantee Cabins have been allocated, the Company is unable to accept Passenger change requests. If Passengers book two or more back-to-back cruises and one or more cruise includes Guarantee Cabins, it is possible that Passengers may be allocated different cabins on each cruise and may need to move between cabins on changeover day(s).
2.5 Where you have booked a Package and the Company is acting as a Package Organiser, it will accept responsibility for the Travel Arrangements making up your Package as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. It is the Company’s duty where it is acting as the Package Organiser to ensure that the Passengers have been provided with all details set out here https://www.legislation.gov.uk/uksi/2018/634/schedule/1/made before the booking is made. If you have not been given sufficient information please let the Company know immediately.
2.6 More information on key rights under the Package Travel and Linked Arrangements Regulations 2018 can be found here https://www.legislation.gov.uk/uksi/2018/634/schedule/2/made
3 PRICES AND SURCHARGES
3.1 The Company reserves the right to alter the published prices of any of the holidays. Passengers will be advised of the current price of the holiday that they wish to book before any contract is confirmed.
3.2 The price of the travel arrangements in this brochure was calculated using exchange rates current at the time of publishing. Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or other fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of travel arrangements may change after booking. The Company undertakes, however, that no changes to charges will be made within 30 days of departure.
3.3 The Company will absorb and the Passenger will not be charged for, any increase equivalent to up to 2% of the total holiday cost (excluding any amendment charges). The Company may, at its discretion, charge the Passenger any increase above 2%. If the increase is more than 8% of the price of their travel arrangements, Passengers will have the option of accepting a change to another holiday if there is one or cancelling and receiving a full refund of all monies paid, except for any amendment charges. If the Company is able to offer another holiday of a higher price to the original holiday booked, then the Passenger will be asked to pay the difference. If the alternative holiday is a lower price, the Passenger will be refunded the difference. Should Passengers decide to cancel their holiday under these circumstances, they must to do so within 14 days of the date of the invoice for the additional charge.
3.4 Should the total cost to the Company of a Passenger’s holiday fall by more than 2% due to any of the changes mentioned above then the Company will pass on to Passengers any refund due. Passengers should note that travel arrangements are not always purchased in local currency and some changes in local currency costs may have no impact on the price of Passengers’ travel due to contractual and other protection in place.
3.5 All outstanding balances on onboard accounts must be settled in full before the Passenger finishes the cruise. If any Passenger fails to settle their onboard account then the Company shall be entitled to take whatever steps may be necessary to recover the monies due and shall be entitled to pass on any costs incurred in doing so.
4 SHORE EXCURSIONS
4.1 Unless stated otherwise (see section 4.4) all excursions are part of the Passengers’ package holiday. The Company will at all times endeavour to appoint reputable and competent operators to supply excursions.
4.2 Passengers should be aware that they may also be subject to terms and conditions imposed by local excursion operators as well as these terms and conditions.
4.3 In the event of an excursion being cancelled, the Company will take all reasonable steps to ensure that Passengers are offered a choice of an alternative excursion.
4.4 If you request an exceptional or bespoke excursion to be arranged during your holiday that is not part of your original booking, this will not be part of your package holiday. Any exceptional or bespoke excursions booked will be subject to a separate contract with the relevant supplier providing that particular excursion or services. In this case the supplier’s terms and conditions will apply and they will be responsible for the provision of the excursion. We will let you know if this is the case.
5.1 Passengers must have travel insurance arrangements in force for the entire duration of the holiday. Details of the insurance policy (which must at a minimum cover medical charges, cancellation, curtailment, evacuation (from the vessel) and repatriation costs for not less than £5 million) must be provided at the time of booking if possible, but no later than six months prior to the scheduled date of departure or at the time of booking if bookings are made within six months of the date of departure.
5.2 The Company is not responsible for checking that Passengers have the correct level of insurance and will not be liable for any costs, howsoever arising, in excess of any travel insurance cover purchased.
6 CHANGES BY PASSENGERS
6.1 The Company will do its utmost to ensure that amendments requested by Passengers are accommodated, but the Company makes no guarantee that these requests will be met. Any change request must be made in writing by the Lead Passenger and the Company reserves the right to pass on the costs we incur from our suppliers of making any such changes as well as our administration charge. Passengers must be aware that charges associated with amendments are likely to increase nearer to the date of departure.
6.2 Additional passengers or cruises may be added to a booking at any time subject to availability. In each case a deposit (or full payment, as relevant) per additional Passenger will be required by the Company and all other booking conditions must be met before the new contract exists.
6.3 Requests for significant amendments to booking details (e.g. change of ship or sail date) received before the balance due date will be treated as a new booking. At the Company’s sole discretion, the original booking will either be deemed cancelled (and be subject to the cancellation charges set out in section 7), or will be deemed amended (and be subject to any costs we incur from our suppliers for making any changes as well as an administration charge of £75 per Passenger). Any deposit paid, discount applied or promotion applicable to a booking that is cancelled or amended will only be transferred to a new booking at the Company’s discretion.
6.4 For minor amendments to booking details received before the balance due date (e.g. passenger name changes) any costs we incur from our suppliers for making any changes as well as an administration charge of £30 per Passenger affected will be charged. If name changes are required to scheduled flight details, the supplier charge may be significantly more than other changes and will be quoted on request. Passengers should also be aware that airlines may not allow transfer of Passenger names and in such cases a flight booking might need to be cancelled and rebooked, subject to availability, and at the Passenger’s expense. Any non-refundable charges will be notified to you prior to booking.
6.5 Except for section 6.6, amendments after the balance due date cannot be made and you will need to cancel your booking and make a new booking for any amendments to be made.
6.6 You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving the Company notice in writing as soon as possible and no later than 7 days before departure. Both the Lead Passenger and the new Passenger are responsible for paying all costs we incur in making the transfer.
6.7 After an amendment is applied a new confirmation invoice will be issued at which point the contract will be deemed to be amended accordingly.
7 CANCELLATIONS BY PASSENGERS
7.1 A Passenger may cancel a booking at any time. Cancellation will take effect when the Company has received written notice of cancellation signed by the Lead Passenger. Since we incur costs in cancelling your holiday you will have to pay cancellation charges as follows:
Period before departure within which the Company receives notice – Cancellation charge per passenger
After payment of deposit – Loss of deposit + any non refundable charges (if applicable)
112 to 60 days before departure – 60% of invoiced charge
59 to 29 days before departure – 90% of invoiced charge
28 days before departure up to the departure date – 100% of invoiced charge
7.2 If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
7.3 A Passenger will not have a right to exclusive occupancy of a cabin with two or more berths unless any applicable single occupancy premium has been paid. In the event of a Passenger becoming a single occupant of such a cabin due to a cancellation, he/she will become liable to pay any applicable single occupancy premium. Passengers are advised that certain reasons for cancellation are covered by their travel insurance.
7.4 You can cancel your booking without paying cancellation charges if the performance of your holiday, or the carriage of passengers to your destination is significantly affected by unavoidable and extraordinary circumstances, see section 9. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. The Company will observe advice provided by the UK Foreign & Commonwealth Office.
8 CHANGES BY THE COMPANY
8.1 It is a term of your booking that the Company is able to make changes to any aspect of your booking. If the change is insignificant, the Company will ensure that you are notified about it. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers.
8.2 If the majority of ports that the Company aims to visit during any one cruise have to be changed on Foreign Office advice before the cruise commences, the Company undertakes to offer Passengers an alternative cruise or refund of the cost of their cruise in full less any administration charges paid.
8.3 The Company and the Master of the ship are unable to guarantee that the ship will call at every advertised port or follow every part of the advertised route. They will at all times endeavour to maintain the advertised programme but reserve the right at their sole discretion to make any alternations they deem necessary.
8.4 The Company reserves the right at its sole and absolute discretion to use a substitute ship of similar standard to the original ship should it prove necessary to do so.
8.5 In addition to the rights of the Company, Aircraft and Ship’s Captains always have the right at their absolute discretion to vary any planned routing without prior notice or consultation if they deem it necessary to do so in the interests of safety.
8.6 If for any reason details of a holiday have to be altered before departure the Company will notify the Lead Passenger as soon as possible.
8.7 The Company will not be held responsible for, nor have liability in respect of, delays caused by third parties during passage through sea areas controlled by vessel traffic schemes, canals, rivers or any other navigable waterways.
8.8 If the Company is constrained by circumstances beyond its control to alter significantly any of the main characteristics of the travel services that make up your package you will have the following rights: (1) accept the change; or (2) have a refund of all monies paid; or (3) accept an alternative holiday, where the Company offers one (any price difference if the alternative is of a lower value will be refunded, any price difference if the alternative is of a higher value will be payable by you). The Company will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to the Company within the timescale given your booking may be cancelled.
8.9 If you choose to accept a refund the Company will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances (as per section 9.1)
The compensation the Company offers does not exclude you from claiming more if you are entitled to do so.
Period before departure in which we notify you – Amount you will receive from us
More than 70 days – NIL
30 – 70 days – £10 per person
15 – 29 days – £20 per person
14 days or less – £30 per person
9 CANCELLATION BY THE COMPANY
9.1 The Company reserves the right at its sole and absolute discretion at any time to cancel, postpone or alter without prior notice or consultation any cruise in whole or in part. The Company will not cancel less than 17weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance, or because the minimum number required for the holiday to go ahead hasn’t been reached in accordance with section 9.2. Unavoidable and extraordinary circumstances means a situation beyond the Company’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
9.2 If your holiday is cancelled in accordance with sections 9.1 above you can either have a refund of all monies paid (less any administration charges) or accept an alternative holiday of comparable standard from us if the Company offers one and the Company will refund any price difference if the alternative is of a lower value (which must be accepted in writing within 14 days of the offer being made). Any alternative holiday selected that is of a higher value than the original one, the difference will be payable by you.
9.3 If, for any reasons under clause 9.1, the Company cancels a cruise after the scheduled departure date, it will return all Passengers as soon as practicable to the UK and make a proportional refund for any unused services, less any administration charges paid and any nonrecoverable expenses incurred.
9.5 In the event a refund is paid to you, the Company will pay compensation as detailed in section 8.9 above except where the cancellation is due to unavoidable and extraordinary circumstances (see section 9.1).The compensation that the Company offers does not exclude you from claiming more if you are entitled to do so.
10 MEDICAL, IMPAIRED MOBILITY AND OTHER CONDUCT
10.1 Passengers with disabilities or impaired mobility are required to advise the Company of full details of the extent of their disabilities and/or impaired mobility before booking (including requirements relating to accommodation, seating, required services and/or the need to bring medical equipment) so that the Company may advise Passengers on the suitability of any particular holiday. If the Company does not deem the holiday suitable to the Passenger’s needs the Company shall, where possible, offer an acceptable alternative. Acting reasonably, if the Company is unable to properly accommodate your needs, it will not confirm your booking and/or if you did not give us full details at the time of booking, the Company will treat it as cancelled by you when the Company becomes aware of these details. We reserve the right to refuse embarkation in the event that we reasonably believe that an individual is not medically fit to travel or on the grounds of safety.
10.2 The Company reserves the right at any time to require any Passenger to produce medical evidence of fitness to travel including the submission of any required medical certificates.
10.3 Any Passenger boarding a ship at initial embarkation who has not filled in the required pre-boarding health declaration must inform the Company of any sickness and/or diarrhoea experienced less than 48 hours prior to embarkation. In the interest of Passenger’s safety the Company reserves the right at its discretion, to refuse boarding. In such circumstances the Company shall not be liable to pay any compensation, nor shall Passengers have any further claim against the Company.
10.3 Passengers affected by a disability or medical condition must be self-sufficient or travel with a companion (at the Passenger’s or companion’s own cost) who can provide the necessary assistance at all times. At the point of embarkation, the Company reserves the right to refuse passage to any Passenger who had failed to notify the Company at the time of booking of any disabilities or the need for assistance and at least 48 hours before arrival or who, in the opinion of the Company is unfit to travel or who may constitute a danger to themselves or others whilst on board. Under those circumstances where no notice has been given Passengers will receive no refund of the cost of any part of the unused cruise package.
10.4 The Company will endeavour to carry Passengers of limited mobility if it has been notified of such limitations at the time of booking (and has been informed of any deterioration in condition or new conditions between booking and travelling) and the Company has agreed that the holiday is suitable taking into account all of the Passenger’s medical needs.
10.5 Whilst the Company makes every effort to accommodate all Passengers’ needs, Passengers using wheelchairs may have restricted access in certain areas of the ship due to a lack of lifts and may be unable to go ashore in certain ports, particularly those that require the use of tenders. Specific information can be provided prior to booking for particular holidays and ports.
10.6 The Company does not accept any responsibility for Passengers unable to travel, or who incur any other loss because they fail to comply with any health formalities. The Company takes no responsibility for Passengers denied embarkation and/ or disembarkation on medical grounds. Cancellation of any part of the holiday that arises due to health requirements will be subject to cancellation charges as set out in section 7.
10.7 Any cost or expense reasonably incurred by the Company for or on behalf of the Passenger in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation or any other expense shall be repayable by the Passenger to the Company irrespective of whether the sum is covered by the Passenger’s travel insurance arrangements.
10.8 Unless approved by the Company in writing prior to departure, Passengers may not bring on board any controlled substances.
10.9 Passengers may not bring on board any prohibited substances, any animals or any goods of a flammable or dangerous nature. Doing so will render the passenger strictly liable to the Company for any injury, loss, damage or expense suffered by the Company as a result. The Passenger will also be personally liable for any statutory penalties.
10.10 Passengers are required at all times to follow the instructions of employees and crew regarding the use of ship’s equipment (including hand sanitisers) and general behaviour whilst on board and the Company will not be responsible for any consequential injury, illness, financial or other loss incurred by Passengers if they fail to comply with the instructions they are given.
10.11 The Master (or any employee or member of the crew authorised by the Master) will be entitled to search the cabin and/or personal luggage of any Passenger suspected of being in breach of these clauses. In addition, any employee or crew member will be entitled to enter a Passenger’s cabin in order to carry out an inspection, or to undertake cleaning, maintenance or repair work.
10.12 The Company has the right to refuse or revoke passage to anyone who, in its judgment, is in a physical or mental condition unfit for travel, or who may require care beyond that which the vessel can provide and under such circumstances the Company will offer the Passenger no refund of any part of the cost of their unused cruise package.
10.13 If it appears that a Passenger’s conduct, behaviour or health has or is likely to endanger the Passenger’s own health or the health, safety or enjoyment of any other Passenger or crew or employee, or makes the Company liable for any significant unforeseen costs including medical treatment or repatriation, the Company and/or the Master reserve the right to take appropriate action and make appropriate charges. Actions may include disembarkation, confinement to a particular cabin or confinement to a hospital or similar institution at any port. If, under the terms of this clause, the Passenger’s cruise is terminated the Company will offer the Passenger no refund for any unused part of their cruise package nor will the Company be liable for the cost of repatriating the Passenger.
10.14 The Company may invite various affinity groups of people with shared interests who choose to travel together onto a cruise. The Company does not envisage that this will materially affect the normal day to day operation of the ship but Passengers must accept that there may be occasions when certain facilities are unavailable whilst these groups are on board.
10.15 Should any Passenger have the misfortune to suffer illness, injury or death during the period of the cruise arising out of an activity that does not form part of the arrangement made by the Company, the Company will, where appropriate, provide any assistance it can to the affected Passenger, such assistance being limited to a maximum cost incurred by the Company of £5,000 per cabin.
Any Passenger who encounters a problem during a cruise must immediately report it to the Chief Purser or a senior member of the crew on the ship and ensure that the issue is recorded in the ship’s log together with any action taken to resolve it. If the matter cannot be resolved during the cruise, and the Passenger wishes to pursue a complaint, the Passenger must write to the Company’s Customer Services Department at Kintail House, Carleton New Road, Skipton, North Yorkshire, BD23 2DE, within 28 days of final disembarkation.
12 CONDITIONS OF CARRIAGE BY SEA
12.1 Travel on board the ship is subject to the shipping company’s Conditions of Carriage some of which limit or exclude liability in accordance with international conventions. Copies of these conditions will be sent to Passengers with their travel documentation but they can be provided in advance upon request. They are also available on board the ship.
12.2 If for any reason despite the above paragraph the Company would be otherwise liable in connection with carriage by sea the provisions of the Athens Convention relating to the carriage of Passengers and their luggage by sea 1974 (“the Athens Convention”) and any modification thereof which may be in force at the time, may be applicable to the contract. The Company draws each Passenger’s attention to the fact that the Athens Convention in most cases limits the carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. The Athens Convention presumes that luggage has been delivered undamaged unless written notice is given to the carrier before or at the time of disembarkation or re-delivery or from the time when such re-delivery should have taken place. If and in so far as the Athens Convention is applicable to the contract, the Company shall be entitled to the benefit of all limitations, rights and immunities conferred by the Athens Convention. Any damages payable by the Company up to the Athens Convention Limits shall be reduced in proportion to any contributory negligence by the Passenger and by the maximum deductible specified in Article 8 (4) of the Athens Convention.
12.3 Where a cruise is performed on a ship not owned by the Company, Passengers agree that the Company shall at all times nevertheless be deemed a ship owner for the purposes of any relevant laws in force in any relevant jurisdiction and therefore be entitled to any limit to its liability.
13 THE COMPANY’S LIABILITY TO YOU
13.1 You must inform the Company without undue delay of any failure to perform or improper performance of the travel services included in your package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by the Company or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
13.2 The Company’s liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. The Company’s liability will also be limited in accordance with and/or in an identical manner to
a) The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and
b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. The Company is to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
13.3 You can ask for copies of the travel service contractual terms, or the international conventions, from https://www.legislation.gov.uk/uksi/2018/634/regulation/16?view=plain+extent. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from the Company. Your right to a refund and/or compensation from the Company is set out in these booking conditions. If any payments to you are due from the Company, any payment made to you by the airline or any other service provider will be deducted.
13.4 If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, the Company will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified the Company of these needs at least 48 hours before the start of your holiday.
13.5 This entire section 13 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday
14 GUIDES AND GUEST SPEAKERS
14.1 Independent contractors retained by the Company, including but not limited to lecturers, guides, guest personalities, cruise hosts and entertainers are subject to change and/or cancellation without notice. The Company also retains the right to change any member of ship’s crew previously advertised or disclosed (e.g. the ship’s Master) without notice.
15 FINANCIAL PROTECTION
15.1 For flight-based holidays this is through our Air Travel Organiser’s Licence number 11249 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email firstname.lastname@example.org. 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 service listed on the ATOL Certificate (or a 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 to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
15.2 If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
15.3 When you buy a package holiday that doesn’t include a flight, protection is provide by way of an independently administered trust account held by PT Trustees Limited of 2nd Floor, Nucleus House, 2 Lower Mortlake Road, Richmond, Surrey, TW9 2JA; email: email@example.com; tel: 0208 878 8490; https://pttrustees.com/. All funds paid to the Company for non-ATOL flight packages are covered in accordance with The Package Travel and Linked Travel Arrangements Regulations 2018 by means of this trust account. All customer funds paid to the Company remain fully trust protected and cannot be released to the Company until after you have completed your cruise/holiday.