Holiday Gems - Cruise Terms and Conditions

These terms and conditions (“Booking Conditions”) , together with ‘Essential Cruise Holiday and Safety Information’ (at the end of these Booking Conditions), the conditions of any terms and conditions of carriage (see ‘The Conditions of Your Ticket’) and any other written information we brought to your attention before your booking was confirmed, form the basis of your contract with Holiday Gems Limited, company number 05824929, having its registered office address at Unit 14, Telford Court, Chester Gates Business Park, Dunkirk, Chester CH1 6LT (“we”, “us”, “our”). In these Booking Conditions references to "you" and "your" include the first named person on the booking (“Lead Passenger”) and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

These Booking Conditions set out what you are legally entitled to expect from us when you buy a cruise from us.

Unless otherwise stated, the combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 (the “Regulations”) . Therefore, you will benefit from all EU rights applying to packages.

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that English law (and no other) will apply to any dispute, claim or other matter which arises between us out of or in connection with your Contract or booking. By making a booking with us, you agree that:

A. You have read these Booking Conditions and agree to be bound by them;

B. You consent to our use of your information in accordance with our Website Terms of Use and use of personal data in accordance with our Privacy Statement and are authorised on behalf of all persons named on the booking to disclose their personal details to us, including special categories of data where applicable; and

C. You are over 18 years of age (21 years of age in the case of Norwegian Cruise Lines NCL), and resident in the United Kingdom and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services; and

D. You accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

PLEASE NOTE: We act in the following capacity, as a Package Organiser and as Agent for the cruise operator.

Our obligation to you will differ depending upon whether you book a cruise where we are acting as the Package Organiser or as an agent to help you book a cruise sold by a third party cruise operator (“Supplier/Principal”) . Our differing obligation are set out below, in the following separate sections:

Section A contains the conditions that will apply to all bookings you make with us;

Section B contains the conditions that will apply when you book a cruise with us, where we are Package Organiser;

Section C contains the conditions that will apply where you book a cruise with us which is sold by a third party cruise operator, where we act as agent.

If you have booked a cruise with us where we act as agent (Section C) , for your convenience we list below links to all Cruise Operators and their Terms and Conditions and Conditions of Carriage.

Ambassador Cruise Line - Terms and Conditions

A-ROSA – Booking Terms and Conditions

Azamara Cruises - Booking Conditions

Carnival Cruise Lines - Legal Notices

Celebrity Cruises - Booking Conditions

Celestyal Cruises - Booking Conditions

Cunard Cruises - Booking Conditions

Disney - Terms and Conditions

Emerald Cruises - Terms and Conditions

Explora Journeys - Terms and Conditions

Fred Olsen - Terms and Conditions

Holland America - Booking Conditions

Hurtigruten - Booking Terms and Conditions

MSC Cruises - Booking Terms and Conditions

NCL - Booking Terms and Conditions

Oceania - Terms and Conditions

P & O Cruises - Booking Terms and Conditions

Princess Cruises - Passage Contract

Regent Seven Seas - Terms and Conditions

Royal Caribbean - Booking Terms and Conditions

Scenic Luxury Cruises & Tours - Booking Terms and Conditions

Seabourn - Booking Conditions

Silversea - Terms and Conditions

Star Clippers - Booking Terms and Conditions

Uniworld - Terms and Conditions

Virgin Voyages - Booking Terms and Conditions

SECTION A – APPLICABLE TO ALL BOOKINGS

1. MAKING YOUR BOOKING

When you make a booking you guarantee that you have the authority to accept and do accept on behalf of all members of your party, the terms of these Booking Conditions. The Lead Passenger will be responsible for giving us accurate information about all members of your party and making all payments due to us.

You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.

It is a condition of booking that you and all members of your party provide certain information that may be sent to governmental authorities and border control for the purpose of security and counter terrorism. This is known as Advanced Passenger Information.

Please note that telephone calls may be recorded for training and monitoring purposes.

For all online and non-online bookings these Booking Conditions will apply.

2. ONLINE BOOKINGS

Where we have the facility available for online requests, by clicking to request a cruise and entering your personal and payment details on www.holidaygems.co.uk (the “Website”), you are making an offer to purchase the cruise selected. When we receive this offer, we will contact the supplier(s) of the cruise concerned. Each supplier will require a short period of time to check to see if your chosen cruise services are still available, and at the price quoted. We will not take any payment from you at this stage.

Provided that the cruise is still available at the price quoted, we will debit payment (as referred to in Clause 4 below) from your payment method. Your booking will be confirmed and a binding agreement will come into existence between us or you and the Supplier/Principal (where we act as agent) when payment has been debited. A booking confirmation (“Booking Confirmation”) confirming the cruise will be sent to you, however, please note that it can take up to 72 hours to come through, and in peak season in excess of this. Prior to the Booking Confirmation being sent, we will endeavour to contact you via email and/or telephone to let you know that your Cruise has been booked and to discuss any optional extras that you may require adding to the booking. Upon receipt, if you believe that any details on the ATOL certificate or Booking Confirmation or any other document are incorrect/inaccurate, 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.

If the cruise is available, but not at the price quoted, we will contact you by telephone or email to give you the option to purchase the Cruise at the revised price. We will only debit your payment method once the cruise has been agreed and you have given us authority to do so. Please note that when you make an online booking request, for security details your card is checked and whilst nothing will be debited from your account, the amount will be “reserved or ring-fenced”. This is intentional and for the purpose of speeding up the confirmation process should your chosen cruise be available and in order that we may instantaneously confirm all components of your chosen cruise should they be available and/or you have given us such authority to do so. For the avoidance of doubt, no monies during this period will leave your account, and should the requested cruise not be available for the price stated on your order, the “reserved” amount on your card will be released and lapse. It should be noted that where this is the case, UK banks differ in the time-frames they release the “reserve or ring-fence”. For simplicity, this process may be likened to that when checking in a hotel and the hotel validating your card “reserving” an amount but not debiting it.

Please note that each booking is treated separately on our online booking request system. If larger groups want to be sure of sufficient availability for any flights/hotels they should call our call centre. If two parts of the same group make booking requests online on two separate bookings and the holiday availability expires between the two booking sessions we regret that we are unable to cancel the first booked holiday without applying cancellation charges as levied upon us by the supplier(s) of the first booked cruise.

Should you wish to cancel an order already received but not yet completed, there will be an administration fee of £75 charged to your payment method. This charge is made in relation to administrative duties undertaken on your behalf by us in relation to liaison with our suppliers, airlines and operators in order to fulfil your requested cruise and in addition to cover any non-refundable fees we may have already incurred. This is a per order and not per person charge. Please see Clause 32 and 43 for more information on cancellations.

3. NON ONLINE BOOKINGS

You can make a booking over the phone by contacting our call centre on 01244 957 725.

A binding agreement will come into existence when we debit your payment method in accordance with Clause 4.

4. THE PRICE YOU PAY

Whilst every effort is made to ensure the accuracy of information and prices when published, regrettably errors do occasionally occur as we are reliant upon the supplier(s) to provide us with the most up-to-date prices. Please also note that advertised prices may have changed by the time you come to book your cruise. You must check the current price and all other details relating to the cruise/arrangements that you wish to book before you make your booking.

We reserve the right to make changes to and correct errors in both advertised and confirmed prices and/or cancel the Contract due to an error in price or some other detail displayed. In the event we are required to cancel the Contract due to an error, any payments made in respect of the cruise will be refunded to the same credit/debit card used to pay for the cruise. If you have paid a deposit on the flight portion of your cruise, ticketing of the same will only happen when the balance is paid in full. In addition, and in certain circumstances, airlines may change the date on which we have to ticket your booking. When this happens, you will be notified and given a choice to either pay in full at that time or pay on your originally arranged balance due date. If you choose not to pay at the time advised, the price of your ticket may invariably rise. In other cases, taxes may increase, which will result in increases to your tickets. In these cases we levy a surcharge amount. In addition to your cruise price, you may have to pay local city taxes which will be payable by you locally in resort.

Except where our Deposit or Part Payment offer(s) is available, payment for the cruise is payable in full at the time of booking via credit or debit card.

Bookings made via the Website must be paid for in full at the time of booking (unless otherwise stated) via credit/debit card and we may also offer a bank transfer facility. Please ask at the time of booking. For your convenience, a Part Balance and Full Balance online payment facility is available via the menu bar on the homepage of the Website. In the event that you book your cruise more than 14 weeks before departure and do not wish to pay in full, please contact our reservations team on 01244 957 725 where payment of a deposit to book your cruise may be possible. For the avoidance of doubt, as we sometimes release tickets as soon as your cruise is booked it should not be assumed that your cruise has been paid in full. In all cases, your balance will be due 14 weeks prior to departure unless otherwise agreed or stated. It is essential that you pay your due balance at this time unless you have prior authorisation from a member of our team which was detailed and recorded at the time of your booking. If you are having difficulty in meeting the balance due date and where it is possible for us to allow extra time for you to pay the same, we will advise you at the time of your enquiry. It is important to note, however, that we may not be in a position to delay payment to our suppliers, although you will be advised of this at the time of calling. Please refer to Clause 32 of these terms and conditions regarding cancellation charges should you decide to cancel or are unable to pay your full balance. We reserve the right to charge the card holders original credit or debit card should subsequent cancellation charges apply. Part Balance and Full Balance payments may be paid online by visiting the Website and clicking on the “My Booking” link at the top of the homepage.

It is important to note that your payment type has to be debited once you have authorised us to do so (via an order or verbal confirmation) and before we may confirm your booking. It is imperative to make sure that you have enough funds in your account as we may not be in a position to confirm your booking if we are unable to take payment. In rare circumstances, despite debiting your account with good intention in order to confirm your booking, sometimes one or more of the components that make up your cruise are no longer available. Should this unfortunately be the case and we are not able to confirm all components of your chosen cruise as authorised by yourself, we will not be in a position to meet our contractual obligations and your monies will be automatically refunded to the payment card you presented to ourselves.

Where you have booked a cruise organised by us, additional terms and conditions apply, please see Clause 19 for further details.

5. CUSTOMER CARD DATA AND PAYMENTS

In the interests of protecting customers’ card data and for security purposes, when you make an online booking request or non-online booking, your card details will not be held on our servers. Instead, the card details are processed immediately if all components of your chosen cruise are available, but no monies are debited if your chosen arrangements are not available. In either circumstance the card details are “tokenised” by a fully approved payment provider who validates your card on behalf of your card issuer. Where the card details are “tokenised” we are unable to see your card details. The token enables us to process the payment of your cruise if it is available or you give us authority to proceed with any alternative holiday arrangements and/or an increase to your chosen cruise. The token may be valid for the lifetime of your card and will allow you to pay your balance securely online via our balance payment system without entering your card details again. Where deposits and cancellation payments are due, it will also allow us to debit the balance of deposit or any payment due to us should you have cancelled your cruise or any payments remain outstanding.

6. OPTIONAL EXTRAS

Optional extras are not included in any of the cruises we advertise or sell (unless otherwise stated). For example, checked baggage, meals, refreshments, extra leg room, priority boarding, pre-allocated seating may need to be added at extra cost at the time of booking or will be payable at the airport or on-board the aircraft. In many cases optional extras will be limited and are at the discretion of the airline concerned. Please enquire at the time of booking for details of optional extras.

You are able to add hold luggage to your booking up to 5 days prior to departure. It is your responsibility to ensure you have sufficient baggage allowance. Please be aware that hold baggage weight restrictions may also vary between the supplier(s) we feature. Unfortunately, it is also not uncommon for restrictions regarding purchase of luggage being on a “none or all” basis on the flights we sell.

Currently, hand luggage is FREE (ranging from 5kgs to unlimited per person, as per the individual airline’s guidelines on weight and dimensions). However, in line with the majority of UK airlines, hold luggage charges vary from £20-£60 (short-haul) or £30-£60 (long-haul) each way per suitcase and weight allowance per suitcase will also vary between 15kg and 22 kg. It should be noted that airlines also place compulsory “admin fees” or “check-in charges” relating to luggage charges/changes. For the avoidance of doubt, it will not follow that a direct airline’s price or policy of charging for luggage, admin fees or check-in charges will be reciprocated by us and additional administration charges may apply. Please note, luggage charges may be considerably more when paying at check-in and our advice is to pre-book any hold luggage you require prior to departure.

All luggage charges are subject to change at any time.

Other extras such as ancillary items including Car Parking, Airport Lounges, Airport Hotels and Car Rental may also be added to your booking on request at the time of booking or any time up to departure. In the case of car rental, it is imperative that you have a “credit card” when picking up your car as all car rental companies will require a sizeable deposit and you must ensure your credit card (not debit card) has enough limit on it prior to travelling. Please ask at the time of booking if you require us to confirm the amount that will be “held” on your card by the car rental company whilst you are hiring the car. You should also be aware of minimum driver age limits etc prior to travel.

7. ONLINE BROCHURE CONTENT, DATA FEEDS & TECHNICAL ISSUES

We display a range of information throughout the booking process concerning the specifics of your chosen cruise. In every instance this information is provided by the supplier(s) and is subject to change entirely at their discretion. Special offers, such as free child places, can and do change without notice. We cannot be held responsible for errors or omissions in the description of the cruise.

Despite our best endeavours to ensure that the many data feeds available on the Website are regularly updated, we cannot be held responsible for any technological deficiencies which may occur. However, we undertake that we will always take the appropriate action should we find or be informed of any fault of any data feed on the Website.

All descriptions and content on the Website or otherwise issued by us is done so on behalf of the supplier(s) in question and are intended to present a general idea of the services provided by the supplier(s) in question. Not all details of the relevant services can be included on the Website. All services shown are subject to availability. If you require any further details, in respect of any accommodation or any other services please contact us. For the avoidance of doubt, cabin and suite images are for illustration purposes only and descriptions may vary, contact your cruise expert for more information.

Please bear in mind that accommodation owners, restaurateurs, night club owners etc., may wish to maintain or improve their facilities, or even take a break themselves. Flight times and carriers are given for guidance only as there may be changes. Circumstances such as these, or weather conditions, time of year etc., may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure. There may also from time to time be general refurbishment at these establishments. These are necessary to maintain standards but if we are informed of such work, we will endeavour to notify you of any activity as soon as possible, however, near to your departure this may be.

8. ACCOMMODATION GRADING AND DESCRIPTIONS

Any star ratings we advertise are based on various differing scenarios including that of subjective opinion. For example, accommodation ratings may be based on our own grading system or personal opinion by our contractors and/or other of employees of our business. Alternatively, star ratings may have been issued by our suppliers in accordance with their own grading systems, which, for the avoidance of doubt may vary by supplier. Further, a property we advertise may be featured by more than one of our suppliers, however, each supplier may grade the same differently and you should take account of this fact when searching your accommodation. It is also extremely important to note that should a supplier provide ratings, they are based on many things which are relative to that particular supplier e.g., some may grade their accommodation from reviews received from previous customers, some may base on country ratings of hotel origin or even from their own personal inspections. In summary accommodation gradings should a) only ever be used as a guide and b) may differ to the official rating advertised by an accommodation directly. Particular attention should be drawn to the fact that one hotel graded with a particular star rating may not have the same standards as another hotel rated at that very same star rating and under no circumstance should assumptions be made that “one size fits all” regarding star ratings. Please also note, standards may vary between accommodations of the same class or star rating in different countries, and it is important to carefully read individual accommodation descriptions. A comparison of cost may also give some idea of how accommodation in the same resort/country is likely to compare in terms of general standards however, this must never be relied on as accommodation rates change frequently subject to supply and demand along with other factors which are simply not within our control. If a hotel's star rating changes based on our or our supplier's opinions/systems, this does not necessarily affect the quality or facilities of the hotel and therefore does not cause a significant change in the standards of holiday provided. Accommodation, whatever the rating, is based on a twin or double standard room unless otherwise stated. You should also note, and never assume, that information or descriptions advertised via the accommodation supplier’s own website will be the same as those advertised on our own, simply due to the fact that the supplier may negotiate certain differences in the interests of gaining price advantages for our customers and over their own accommodation competitors.

You should ensure that the room type you have chosen is appropriate for your party size and meets your requirements. For instance, a twin or double room which accommodates two adults and two children, would invariably include two twins or a double bed and additionally two sofa/foldaway or temporary beds in the same room. If you are unsure, please contact us and we will advise you accordingly. You could/may also check the hotel’s own website for further information on room size. However, please note, as advised above, it does not necessarily follow that our suppliers' advertised description/s of room type will be the same as those advertised on the hotel’s own website and in all cases, you must ultimately check with ourselves to clarify as no liability can be accepted by us should this not be the case.

9. DELIVERY OF DOCUMENTS

All documents (e.g. invoices/tickets) will be sent to you by email (please note that if you require any documents by post, we charge a £15 fee to cover costs). Once documents leave our offices we will not be responsible for their loss, unless such loss is due to our negligence. You must pay any charges made by the supplier(s) if tickets or other documents need to be reissued.

10. PASSPORTS, VISAS, IMMIGRATION REQUIREMENTS AND HEALTH REQUIREMENTS

It is your responsibility to check and fulfil your passport, visa, health and immigration requirements before departure. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant embassies and/or consulates. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation, or you fail to comply with all applicable health requirements or indeed if you have not checked prior to travel. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. Please refer to the Essential Cruise Holiday and Safety Information at the bottom of these Booking Conditions for more information.

11. FLIGHTS

There are varying types of flights that we may book as part of your cruise, i.e., Charter, No Frills (by definition a budget airline invariably offering lower than average fares. In recent years, many airlines have turned to operating a low-cost/no-frills model), Full Published and Consolidated. Any flight element of your cruise is provided by an airline and this airline will be clearly stated on your paperwork. Each airline has 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. Copies of the relevant parts of these terms and conditions are available on request from us or the airline concerned.

Please note that the carrier reserves the right to refuse carriage to any person who has acquired a ticket in violation of applicable law or carriers’ tariffs, rules or regulations. Right of refusal may now be granted to airlines under new and stringent anti-terrorism laws.

We are required to bring to your attention the existence of a “United Kingdom safety list” which contains details of air carriers that are subject to an operating ban in the United Kingdom. The United Kingdom safety list is available for inspection at https://www.caa.co.uk/Commercial-industry/Airlines/Licensing/Requirements-and-guidance/Third-Country-Operator-Certificates/. 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 Clause 31 will apply.

We must advise that if you have at any time also made enquiry to another tour operator for the same flight seats or have held these yourself directly with the airline, this will potentially affect those we have held for you. Should they also still be held in another way, your passenger details will then be duplicated in the airline system, which is not allowed and requires cancellation to leave only one in place. In such cases, it is beyond our control where the airline chooses without warning to cancel the flights we hold, and we can accept no responsibility for the repercussions in relation to rebooking new seats to fulfil your holiday arrangements through us. To stress, this will not automatically entitle you to refund of any monies paid. Additionally, should we have unrecoverable costs associated with the arrangements we have made on your behalf, you will be responsible for these.

12. FLIGHT DELAYS

In the event of a flight being delayed the flight provider has an obligation to passengers pursuant to EU Regulation no 261/2004 (denied boarding and flight disruption). However, the extent of such will depend on various other factors i.e., the type of flights you have booked, expected length of delay, local availability of accommodation, immigration rulings etc. Where long flight delays will result in lost holiday time, no refunds are given. It is in recognition of the above that your holiday travel insurance policy normally offers monetary compensation for flight delays.

13. IMPORTANT NOTE REGARDING TICKETING FOR CERTAIN AIRLINES

Full instructions of how you obtain your tickets will be sent to you at the time of booking or shortly thereafter. There may be instances whereby you are required to enter passport information prior to obtaining boarding cards. This will be detailed to you by email or if we do not have your email address by post. Some airlines allow you to administer most parts of the flight element of your booking, i.e., add or cancel passengers, change passenger initial, title or surname(s), amend date, add luggage, add priority boarding, add pre-allocated seats plus any other facility offered by your particular airline. For the avoidance of doubt, where this is advised to you, and you wish to make changes, it is important that you follow the below procedure.

In the event you wish to make changes/amendments it is important that you contact us prior to making any change in order that we can pre-advise if any/all other subsequent elements or components due to be affected as a result of the change, can be amended to fall in line with such change. Where amendments can be made, you will be responsible for the costs thereof to include any applicable administration fees. In the event you do make any changes it is essential that you advise us immediately by calling 0330 124 0424 or emailing customerservices@holidaygems.co.uk detailing your reference number and date of travel plus surname and your contact number clearly identifying the change(s) made. Please allow for weekends and public/bank holiday periods and out of office hours when our Customer Service team may not be available for advice or may be delayed in responding to email communication.

Should you make a change and not notify us which results in ramifications, (howsoever caused), to any other element or component of your Package Holiday or indeed any additional arrangements you have made, we accept no liability for any loss (monetary or otherwise) you incur as a result. In addition, should you receive a direct email from the airline regarding any type of change to your flight times, dates or anything else, you again must notify us on the above telephone number immediately.

Ryanair

If your package features a Ryanair flight, it is important to note the following. Should your flight be unfortunately cancelled prior to departure and we confirm that we are no longer able to honour our contractual obligations to you, it is highly probable that Ryanair will only refund yourself and your party directly. Where this is the case, we will provide full details of how to do this and of course should any further refund be due we will refund this directly to you. In rare cases where we may have refunded you in full and subsequently Ryanair also refund you again (in effect “double refunding you”), for the flight portion of your package, you accept that you become liable to ourselves to repay that amount. Should you not do so, you further accept that we may use any legal means we feel are correct and appropriate in order to recover the amount/s rightfully owed to us.

Reserving Seats

In some cases/scenarios and where we feel it is in your interests, we may make reserving seat/s purchases compulsory. This will be detailed in the booking process of our website and is clearly visible. It is of course your choice whether or not you wish to proceed with your reservation and you have the choice of choosing an alternative airline where we do not make seat/s purchases compulsory.

14. BOOKING IF YOU ARE UNDER 18

It is a condition of our accepting your booking that the person who makes it is at least 18. We are entitled to assume that this is the case. Under no circumstances can we accept bookings from anyone who is under 16.

However, at our discretion, we may accept a booking from a person who is 16 or 17 and who wishes to travel without an adult accompanying them subject to meeting the following conditions in addition to any other specific conditions/restrictions advised at the time of booking or shown on your Booking Confirmation:

You will only be allowed to travel/stay in the accommodation if you can satisfy the supplier’s age policy (please note that some suppliers refuse to accept groups of under 18s and passengers aged below 21), and you have provided accurate ages for each child.
Some of the cruises and/or our suppliers have a minimum/maximum age range and some cruises are for adults only.
The Lead Passenger obtains and sends to ourselves by fax or scanned copy, confirmation from their parent or guardian that they may travel, that the parent or guardian will accept responsibility for the booking and that the party does not include anyone who is under 16. We will also require the parent/guardian to produce a copy of their passport showing their name and signature. Written permission from a parent/guardian cannot be accepted unless their signature can be checked. By providing signed confirmation, the parent/guardian will become the Lead Passenger even though they will not be travelling, and will be the person who enters into the Contract with us. For the avoidance of doubt, we are entitled to assume the aforementioned will be sent to us following confirmation of booking. We are entitled to cancel any booking which is made in breach of any of these requirements. In this case, full cancellation charges will be payable.

Notwithstanding the aforementioned, it should be noted that UK airlines have differing age restrictions and accordingly, you will be advised should an airline refuse the right of carriage to any person under its age limit when not accompanied by an adult. Should an order be made and subsequently cancellation of the same requested, normal cancellation charges will apply.

15. SPECIAL REQUESTS AND MEDICAL PROBLEMS

If you wish to make a special request, you must do so at the time of booking. If you have failed to do so, please inform us by calling 0330 124 0424 or emailing customerservices@holidaygems.co.uk. We will pass any reasonable requests on to the applicable supplier(s) of the Package Holiday, however, we cannot guarantee that requests will be met. The fact that a special request has been noted on your Booking Confirmation or any other documentation, or that it has been passed on to the applicable supplier(s) of the Package Holiday, is not confirmation that the request will be met. Failure to meet any special request will not be a breach of Contract on our part.

If you or any member of your party has any medical problem or disability which may affect your Package Holiday, you must provide us with full details at the time of booking. If you have failed to do so, please inform us by calling 0330 124 0424 or emailing customerservices@holidaygems.co.uk in order that we may advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking. If full details are not given at the time of booking, the applicable supplier(s) of the arrangements of your Package Holiday reserve the right to cancel the applicable component(s) of the Package Holiday when they become aware of these details. In these cases, cancellation charges will apply together with an administration fee.

16. UK NATIONAL RESIDENCY

It should be noted that any booking made or prices offered from ourselves are offered to you on the basis and belief that you are a UK national resident. We cannot be held responsible for increased rates imposed on you whilst in resort by the supplier(s) if you are not a UK national resident and a UK passport holder. You may be liable upon check in/check-out for additional charges imposed by the supplier directly. For the avoidance of doubt, each accommodation unit we feature may have differing rates for nationals of different countries and you may be liable upon check-in/check-out for additional charges. We reserve the right to cancel any reservation not meeting this criteria.

17. HOLIDAY INSURANCE

Do not delay in obtaining your travel insurance. It is required as soon as you have a confirmed booking.

You must be fully insured for your cruise and must make sure that all of the activities which you will be carrying out are covered by such insurance as you may be required by the cruise line to provide proof of insurance. This insurance must include adequate cancellation insurance to the value of your cruise, emergency evacuation and repatriation costs in respect of all your activities. There are some restrictions on insurance, for example pre-existing medical conditions and you should advise the insurance provider of these at the time the policy is taken out. It should be noted that the minimum cover expected by cruise lines is no less than £2 million for Personal, Medical and Repatriation and you should check at the time of booking for the minimum amount of cover your Cruise Line expects in order to avoid refused boarding at your point of embarkation.

Please note that the travel insurance provided by some credit card providers often only offers the minimum coverage. In response to public concern, some insurers now offer specific insurance against cancellation, delay and abandonment due to volcanic ash disruption.

It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

In light of Covid 19 risks, it is a condition of making your booking through us that you obtain travel insurance that includes cover against any COVID-19 issues or incidents which may affect your booking.

18. BOOKING CONDITION AMENDMENTS AND RIGHT TO REFUSE BOOKING

We reserve the right to add, withdraw and/or amend any these Booking Conditions at any time and without notice and furthermore reserve the right to refuse any booking.

18A. CHECK-IN ARRANGEMENTS FOR YOUR CRUISE

It is mandatory with many cruise lines to check in prior to departure and it is your responsibility to do so with the cruise line directly prior to travel. Most cruise lines allow you to check in online and access your e-tickets within 21 days of departure. This must be completed at least 72 hours before departure. Completing web check-in does not guarantee any form of priority during embarkation. You must use the same identity documents which you have given online, which you will use on embarkation day. The information required includes full names, date of birth, passport information, UK address, your phone number, email address, emergency contact name and phone number, and travel insurance information.

They will be checked at the cruise terminal and before boarding the ship. Benefits of checking in online: You may be able to add on or enhance drinks packages, specialty restaurants, spa facilities and shore excursions in advance of boarding your ship (costs and additional services vary per cruise line). For your convenience, we list below cruise line check-in links.

Online Check-In Information

SECTION B – APPLICABLE TO PACKAGE BOOKINGS WHERE WE ACT AS PACKAGE ORGANISER

19. PRICING OF PACKAGES

Once the price of your chosen cruise has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price of the cruise if there are changes in the price of carriage of passengers resulting from the cost of fuel or other power sources, the level of taxes of fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the cruise, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports, or the exchange rates relevant to the cruise. Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

If the increase is more than 8% of the holiday price shown on your Booking Confirmation (excluding insurance premiums, amendment charges and/or additional services) then:

1. You will have the option of accepting a change to another holiday if we able to offer one (if this is of lower quality you will be refunded the difference in price)

2. You may cancel your cruise within 7 days from the date when we notified you about the variation and receive a full refund of all monies paid to us except any amendment charges. We will consider an appropriate refund of any insurance premium paid to us if you can show us that you are unable to transfer or reuse your policy; and

We will notify you about any variation by sending you a calculation explaining the variation. However, we will not change the price of your cruise within 20 days of your departure date. If the increase is payable, there will in addition be an administration fee of £4.95 per person.

Should the price of your cruise go down then any refund due will be paid to you less an administration fee of £4.95 per person. Please note that cruises may not be 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.

20. LOW DEPOSIT AND PAYMENTS

From time to time we may make offers available where you can take advantage of a lower initial deposit payment (‘Low Deposit Offer’). Where this is the case, the following terms will apply:

1. Where you make a booking that takes advantage of the Low Deposit Offer, you may be able to spread the deposit applicable to your chosen cruise over a one or two month period OR you will be informed of a “deposit due date”. In all cases, you will be advised of the deposit method we are able to offer and be given the opportunity to accept or reject this method before you confirm your booking.

2. The amount of the low deposit required at the time of booking, along with details of any further deposit and the value of the final balance, together with the applicable payment due dates, will be communicated to you before you confirm your booking.

3. Where you make a booking under a Low Deposit Offer, all of the standard booking and cancellation terms set out in these Booking Conditions will apply to your booking, as normal.

4. All deposits (including both the initial low deposit and the further part-deposits you are required to pay, where applicable) are non-refundable and therefore would not be reimbursed should you decide to cancel your booking.

5. Please note that if you wish to cancel your booking where you have relied on the Low Deposit Offer, it is possible that the cancellation charges applicable to your booking may exceed the sums you have paid at the point you cancel. Where this is the case, you will be required to pay any additional sums that are necessary to ensure that the applicable cancellation charges are met in full, please see Clause 32 for further details.

6. If the balance due date applicable to your booking (normally 12 weeks prior to departure) falls prior to the date agreed to pay your deposit, then the full balance for your booking will still fall due on the normal balance due date.

7. If you would like to make changes or add extras to your booking, you will be required to pay the additional associated charges (i.e., amendment charges) when the amendments are applied.

8. Please note that any Low Deposit Offers that we promoted are subject to availability and are offered entirely at our discretion.

9. When you make a booking online or through our telephone booking service and/or make any further payments online including your balance, you will be subject to an administration fee of £4.95. Should you choose to make a telephone payment with a member of our administration department, the payment will be subject to an administration fee of £25. In relation to any type of refund payment/s, we reserve the right to levy a minor Refund Processing Fee of £9.95 per booking to cover our payment and administration costs.

10. We reserve the right to automatically debit any of the balance payment due via our Secure Card Token, as mentioned above, on the dates agreed. However, should this be the case you will be advised at the time of booking.

11. Should you default or cancel your cruise, any further deposit balance due, together with any cancellation charges, will be payable in full and you agree and accept that we are able to debit the payment card we hold on file with the sum outstanding.

12. Should any amount due to ourselves not be paid at the agreed time, we reserve the right to recover any amount due via the appropriate and applicable channels and we will send you notifications when this will be the case.

It should be noted that should the price quoted at the time of submitting the online booking request not be available to confirm, our online team will recalculate the price of your new holiday arrangements taking account of the total order price and not the breakdown of the same. For the avoidance of doubt, any difference in price offered to you will only take account of the difference between the price quoted at the time of submitting the online booking request and the cost of the new holiday arrangements.

Please note that the raising of chargeback is effectively your withdrawal of monies that would be used to pay suppliers involved and as such is deemed a cancellation from you by non-payment should such payments be due.

As a result, we reserve the right to cancel your booking to avoid increasing losses for our business in the event your chargeback is successful. Those booked arrangements may then not be available to rebook on the same basis or/and at the same costs at any point after.

21. CHARTER FLIGHT CONDITIONS

A charter flight is invariably where an ATOL licensed Tour Operator has “chartered” their own aircraft. When we book a charter flight on your behalf, we will identify that Charter Operator on your ATOL certificate. Full terms and conditions relating to individual charter airlines may be found in the relevant charter airline brochures. Where copies of these conditions are not readily available, copies of these terms and conditions are available on request from us or the supplier concerned. By booking with us, you are agreeing to these conditions.

22. NO FRILLS FLIGHT CONDITIONS

When we book a “No Frills” flight on your behalf, we will identify the name of the “No Frills” airline on your ATOL receipt. It should be noted that “No Frills” airlines operate independently of each other and are normally quite inflexible. Furthermore, they will invariably charge more for amendments once the booking has been made and levy “severe” cancellation charges. By allowing or asking us to book a “No Frills” flight on your behalf, we regret and you accept that we are unable to take any responsibility for flight changes, or cancellation made to any part of your reservation by the “No Frills” airline. For the avoidance of doubt, when we book a “No Frills” flight on your behalf, you are agreeing to the “No Frills” airline booking terms and conditions. We will of course endeavour to change/amend all other components of your cruise without charge through cooperation with our suppliers in the event of a cancellation or change by the No Frills airline, however, cannot guarantee this will be the case.

23. FULL PUBLISHED/CONSOLIDATED FLIGHT CONDITIONS

For the avoidance of doubt, when we book a flight which forms part of your package, we do not always book with the Airline directly and utilise our partnerships with third party providers and industry consolidators. A “Full Published/Consolidated” flight is normally identified as a flight operated by a “National Carrier” such as British Airways, KLM, Air New Zealand, Cathay Pacific etc. When we book a “Full Published/Consolidated” flight on your behalf, we will identify that “Full Published/Consolidated” airline on your ATOL receipt. It should be noted that Full Published/Consolidated Airlines normally levy “severe” cancellation/amendment charges dependent on the type of ticket booked.

24. UPGRADING YOUR FLIGHT & FLIGHT SEAT REQUESTS

Unless you have pre-booked your seats (where this facility is available), it may not be possible to obtain them together. Please bear in mind that even when you do pre-book seats, in most cases we will not be able to confirm the actual seat numbers or position on the aircraft. Where possible, we will offer you a further range of upgrade options designed to give you a more comfortable journey at a reasonable supplement.

25. DIRECT FLIGHTS

The flight routings used in connection with our cruises may be based on special fares which do not necessarily take the most direct route. Some itineraries require a change of aircraft on route. A flight that is described as direct is one where there is no need to change aircraft during the journey. However, stops may be made en route for refuelling or to let passengers on and/or off. Details of any stops will be given on your itinerary. However, should you require this information at an earlier stage, please check with your travel advisor at the time of booking.

26. FLIGHT CHANGES

Unfortunately, airlines may occasionally change the type of aircraft on a particular flight without advance warning and/or we may need to change the airline and flight routing which could include and is not limited to changing a direct flight route to that of an indirect flight route. In all circumstances we will always try to minimise any inconvenience. Flight timings and days of operation are subject to change and we will advise you of any significant change as soon as we are informed by the airline. Minor timing changes will be shown on the flight tickets, which you should check carefully when received.

It is possible that flight times may have changed even after your paperwork has been issued and we would remind you that it is your responsibility to check for any changes in both departure and arrival timings. We therefore strongly suggest you frequently check your flight times have not changed.

We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight included in your Package Holiday. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change or that listed above will be classed as a minor change and will not entitle you to cancel or change other arrangements without paying our normal charges. See Clause 34 for more information on minor changes.

We cannot be held responsible for either ourselves or an airline having to reschedule/reroute flights via other airports/destinations following your confirmation of booking. Unfortunately, airlines who reroute flights are not obligated to make a refund or reduction of any kind should a change to your original itinerary take place.

27. CRUISE INFORMATION

Your cruise fare normally includes the flight, full board, accommodation and entertainment on board the vessel, however, it may differ per cruise operator and vessel. For instance, some cruises may also include Wi-Fi access, gratuities, service charges, use of facilities such as gym and spa on board the vessel and selected beer/wine/soft drinks with lunch and dinner in the main restaurant. All elements are subject to availability at the time of booking. It is important that you check what your cruise includes.

28. CRUISE UPGRADES

The rooms allocated on the vessel cannot be compared in size to hotel rooms you may find on shore. Should you wish to know the dimensions of your room, please contact us. Subject to availability, higher priced category rooms may be presented to you when you request to book your cruise and we suggest you do this at booking to avoid disappointment. It may be possible for you to upgrade to a higher priced category room after you have checked in, which must be paid for at the time of arrival.

29. CUTTING YOUR CRUISE SHORT

If you are forced to return home early, we cannot refund the cost of any part of the cruise you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

30. IF YOU CHANGE YOUR BOOKING AND TRANSFERS OF BOOKING

You must ensure all names and details are entered correctly at the time of booking. You will receive a Booking Confirmation once your booking is confirmed and you must contact us immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability for any errors or omissions if we are not notified of any inaccuracy within 2 days of it being provided to you. However, should the error or omission be due to an error on our part, we shall rectify the error at our own cost, provided you notify us within 2 days. For all other errors or omissions notified to us outside of these time limits, we will endeavour to rectify or arrange for the rectification of any errors, but you will be responsible for any costs involved in doing so.

You may be able to transfer your booking to another person provided the following conditions are met:

You authorise the change in writing
The new Lead Passenger accepts the transfer and these Booking Conditions
That person complies with the terms of the existing booking
That person has valid holiday insurance.

Please note that we will charge amendment fees to change the name of a booking. These will be added to the new invoice. The new Lead Passenger, and you, should they fail to pay, will be responsible for the payment of any balance due on that new invoice.

We charge a £50 amendment fee per person for each detail of your booking we allow you to change. This is in addition to any charges from the supplier(s). Please refer to our amendment fees table below.

If you wish to change any part of your cruise you must inform us in writing as soon as possible and in some cases we may accept email. This should be done by the Lead Passenger 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 an administration fee of £50 per person per change, as well as any costs and charges incurred by us and/or incurred by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made, so 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 and a cancellation fee may be payable in accordance with Clause 32. Name changes and addition of luggage may be processed via our online facility located in the menu bar of the Website (My Booking section).

Certain components of the cruise, including most “Low Cost” or “No Frills” flights 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 cruise.

Cancellation of an online order received but not completed	£75
Where our deposit facility is utilised and you make any interim and/or final balance payment(s)	£3.95
Transfer of booking to another person	£50
Increase in Cruise cost (Clause 19)	£4.95

Amendments fees are subject to change at any time. Please note that amendment fees are non-refundable.

31. CANCELLATIONS WE MAKE TO YOUR BOOKING

We aim to provide your cruise as booked, but there may be circumstances where we have to cancel the cruise. For example, there are not enough people booked on your cruise, there has been an error in price, or some other detail displayed being incorrect, or you do not pay the holiday price on time. However, we will not cancel your cruise less than 20 days before your departure date, except for unavoidable and extraordinary circumstances or in the event that we reasonably believe that there has been a fraudulent payment or a booking has been made for fraudulent purposes. If we cancel your cruise, except where this is because you have not paid, you have the following options:

1. Receive a full refund; or

2. Accept a replacement cruise from us of equivalent or similar standard and price, if we are able to offer you one.

In either case, we will pay you compensation using the scale shown in Clause 34 below (unless we cancel your cruise because you do not pay us the balance of the cruise or because of unavoidable and extraordinary circumstances - please see Clause 35 below) and we will refund the difference in price if the replacement holiday is of a lower standard and price.

32. IF YOU CANCEL YOUR CRUISE

If you wish to cancel your cruise package (or part of it) only the lead named passenger of the booking may do so by email which must originate from the email address provided at the time of booking by emailing us at customerservices@holidaygems.co.uk. Alternatively, you may write to us and inform us of the same. However, please note that your notice of cancellation will only take effect when it is received and actioned at our offices during normal working days. As we incur costs from the time we confirm your booking, we will levy the following cancellation charges.

These charges are based on how many days before your booked departure we receive your cancellation notice, and are a percentage of the total cost of your booking, not including your insurance premium. If you want to cancel one or more passengers on the booking you will have to pay a proportion of the applicable cancellation charge for those passengers.

Period Before Departure when Notice of Cancellation is Received	Percentage Of Total Booking Price
90 days or more	Total flight cost plus 35% of all other elements relating to the booking (or the deposit amount whichever is greater)
89 - 42 days	Total flight cost plus 50% of all other elements relating to the booking (or the deposit amount whichever is greater)
41 - 34 days	Total flight cost plus 70% of all other elements relating to the booking (or the deposit amount whichever is greater)
Less than 33 days	Total flight cost plus 100% of all other elements relating to the booking (or the deposit amount whichever is greater)

These cancellation charges and cancellation periods apply to all bookings, except where a booking includes items or services where our suppliers’ own cancellation charges and periods exceed those above. We will notify you at the time of booking of the exact cancellation terms that apply to your booking. Please check your insurance policy to see if you will be covered for the cost of any cancellation charges.

Your deposit is non-refundable, even if the cancellation charge is lower than the deposit amount paid.

If you booked using a Deposit or Part Payment Offer, the full deposit amount stated in your Booking Confirmation will need to be paid upon cancellation.

33. YOUR CONDUCT

We are extremely proud of our customer service record and at all times our personnel will assist with your enquiry, reservation, grievance or otherwise with the utmost professionalism. Should you feel this is not the case, please ask to speak to a senior member of our team. We do, however, reserve the right to terminate any call which we believe to be verbally abusive or offensive and enter a note in the booking.

We also reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, threatening or abusive, you damage property, you upset, or put any other traveller or our staff or agents in the UK or resort in risk or danger.

If you or any member of your party are disruptive and prevented from boarding your outbound flight in the UK, we will treat your booking as cancelled and you will have to pay full cancellation charges (see Clause 32). If this occurs overseas, then you will become responsible for your own return home and any other members of your group who cannot or will not travel with you. This also applies if we or any other person in authority is of the reasonable opinion that you or any member of your party is likely to cause damage to property. The person(s) concerned will be required to leave the accommodation. We will have no responsibility to you or any member of your party. No refunds will be made and we will not pay any expenses or costs incurred as a result of termination.

It is a condition of boarding and remaining on the vessel that all guests throughout their stay conduct themselves in an orderly and acceptable manner and not disrupt the enjoyment of others. During your cruise it is necessary that you ensure that all members of your party abide by the authority of our representatives and anyone else with authority on board the vessel, including the vessel’s master and/or captain.

Inappropriate/abusive behaviour and language is not permitted. This includes (but is not limited to) uninvited theft, physical contact, solicitation, violence, harassment, use of fake identification or other documentation, vandalism, providing alcohol to those underage or providing any facility to those underage, possession of illegal substances/items, or any other conduct our representatives and the vessel’s master and/or captain deem illegal or offensive. Abusive and/or offensive language on board the vessel which is directed toward anyone including guests and crew members or others is strictly prohibited.

Unsafe behaviour is not permitted. This includes (but is not limited to) sitting, standing, lying or climbing on, over or across any exterior or interior railing or other protective barriers, or tampering with the vessel’s equipment, facilities or systems. You must not enter or access any area that is restricted and for the use of crew members. Any other unsafe behaviour, including failure to follow security instructions, is not permitted.

Full payment for any such damage or losses must be paid directly to the hotel manager or cruise supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

Smoking

For the comfort and enjoyment of other guests, smoking of any kind is not permitted anywhere on board, in ports or in terminals or other areas except in the designated areas. You will find smoking signs within any designated smoking areas and ashtrays will be provided for use which must be used and any cigarettes must be properly disposed of.

Alcohol

Guests are expected to be responsible for their actions at all times. Consuming alcohol to excess impairs judgement and reduces the ability to recognise and avoid potentially dangerous situations, especially when on board the vessel. If you are consuming alcohol on your cruise, you must do so responsibly. The vessel’s staff may refuse to serve alcoholic beverages to any guest(s) who does not consume alcohol responsibly. No guest under the age of 18 may possess or consume alcohol at any time on board the vessel, and for some destinations/ports/ships this is the age of 21. The management team or any of our representatives on board may request proof of a guest’s age to verify that they are legally able to consume alcohol.

34. CHANGES WE MAKE TO YOUR BOOKING

We hope that we will not have to make any change to your cruise but, because we start planning the holidays we offer many months in advance, we sometimes do need to make changes and correct errors in any marketing materials and other details both before and after your cruise has been confirmed.

Whilst we always endeavour to avoid making changes, we must reserve the right to do so. If you have already booked, we will let you know as soon as we can.

Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the cruise affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity.

Most changes will be insignificant and we reserve the right to make them. Examples of “insignificant changes” made before departure include facilities described in our brochure/Website being withdrawn for reasons beyond our control, alteration of your outward/return flights including and not limited to rerouting via another airport by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard, change of embarkation/disembarkation point to another in the same city or region and changes of carriers. No compensation is payable for insignificant changes to your Package Holiday.

Significant changes to your cruise

Occasionally, we have to make a “significant change” to your cruise. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your cruise.

Significant changes to your cruise for which we will pay compensation (unless the change is for unavoidable and extraordinary circumstances), using the scale shown below, may include the following changes: A change of accommodation to that of a lower classification or standard for the whole or a major part of the time you are away; a change of accommodation area for the whole or a major part of the time you are away; a change in the time of your departure or return flight by more than 12 hours. Please note, where your booking includes a “no frills flight”, changes imposed by the airline (for example change of departure or return time or UK or overseas airport) and the consequent effect on your holiday will not generally be treated as a significant change.

Maldives Exemption - for the avoidance of doubt, as the Maldives consists of approximately 1,200 small coral islands and sandbanks grouped in clusters or atolls (of which 200 are inhabited), a change in island would not be classed as a significant change to holiday arrangements.

These changes are only examples and there may be other significant changes which constitute a significant change.

If we have to make a significant change, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:

Accept the new arrangements offered by us; or
Accept a replacement cruise from us of equivalent or similar standard and price. Where possible, we will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original cruise. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available cruises. You must pay the applicable price of any such holiday; or
Cancel your cruise with us and receive a full refund of all monies paid.

We will pay you compensation using the compensation table shown below, unless the change is due to unavoidable and extraordinary circumstances (see Clause 35) or we cancel your cruise no later than 20 days before they are due to start because the minimum number of participants to run them has not been reached and we will always refund the difference in price if the replacement holiday is of a lower standard, at the date of the change.

In the event that we notify you of a significant change to your cruise and you do not notify us of your choice within 7 days of our offer, we will send a further reminder with a further request to confirm your final decision. If we fail to hear from you, we reserve the right to cancel the cruise and you will receive a full refund.

If after your departure, a significant part of your pre-booked cruise cannot be provided, you will be offered a suitable alternative if possible. Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements, where appropriate, we will also pay you compensation in accordance with the table below, unless the reason for the change is due to (i) you, (ii) a third party unconnected with the travel services included in your cruise which is unforeseeable or unavoidable or (iii) an unavoidable and extraordinary circumstance. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, you will have the right to cancel your booking. In this event, you will have the right to be returned by the same means of transport to your original departure point at no extra cost, provided that transport is available. This does not impose an obligation on us to make specific transport arrangements for you if none are available.

IMPORTANT NOTE: Due to the Coronavirus disease pandemic (COVID-19) certain facilities at your resort, hotel or other accommodation may be unavailable during your stay. Examples include, but are not limited to, buffets, swimming pools, indoor clubs and spa and gym facilities. Where possible, we will make you aware in advance of any closures of facilities but these will not be classed as a significant change for the purpose of this clause and we will not be liable for or offer you a price reduction or compensation due to the unavailability of these facilities.

Compensation

Any compensation payable will be on these scales, based on how many days before your booked holiday departure we tell you of a significant change. The compensation we offer does not exclude you from claiming more if you wish to do so.

Period before departure when a significant change is notified to you	Compensation payable per person
More than 56 days	nil
56-29 days	£10
28-14 days	£15
Less than 14 days	£20

IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

Where we make a minor change;
Where we make a significant change and you accept those arrangements or you accept an offer of an alternative cruise;
Where we make a significant change or cancel more than 20 days before departure;
Where we have to cancel your arrangements as a result of your failure to make full payment on time;
Where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
Where we are forced to cancel or change your arrangements due to unavoidable and extraordinary circumstances (see Clause 35).

If the change is not acceptable to you

If any significant change indicated above is not acceptable to you, you can cancel your cruise. In this case we will refund all the money you have paid us and will pay you compensation, as shown above, depending on how many days before your holiday we tell you about this change, unless the change is unavoidable and extraordinary circumstances (see Clause 35) or we cancel your cruise no later than 20 days before they are due to start.

35. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

In these Booking Conditions “unavoidable and extraordinary circumstances” 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 include, but are not limited to, war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, unknown IT/technical issues, any failure to secure relevant flying rights, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, sporting or otherwise event cancellation, epidemic, pandemic or significant risk to human health such as the outbreak of serious disease at the travel destination (including but not limited Covid-19 and any disease caused by a new strain of the coronavirus), the inability of airlines to operate flights as a result of the UK’s decision to leave the European Union (including the loss or restriction of air traffic or transit rights or the right of the airlines to enter any airspace, access to certain ports/airports and changes to Visa requirements), flood, drought, earthquake and all similar events outside our or the supplier(s) concerned control.

Except where otherwise expressly stated in these Booking Conditions, we regret we or the supplier(s) concerned will not be liable or pay you a price reduction or compensation where the performance of our obligations under our Contract with you is prevented or affected by, or you otherwise suffer any damage or loss as a result of unavoidable and extraordinary circumstances.

Events

In relation to any cruise sold which includes entry and/or a ticket to an event of any kind such as a concert, sporting event or otherwise we will notify you as soon as reasonably practical should a significant change to or the cancellation of an event occur and in such circumstances a refund of the ticket price paid for the event will only be available where a refund is offered by the event organiser/supplier. You will, however, be presented with the following options: (1) where possible you will be offered an alternative such as a change of date or destination subject to the parties agreement to any price adjustment applicable in order to account for any increase or decrease in the cost of the event including any administration charges applicable, (2) you will be free to continue with your trip and make use of all other travel services forming part of your arrangements such as cruise, accommodation, flights and transfers provided that such services are operating as normal, (3) alternatively, you are free to cancel your arrangements entirely but in doing so you will be liable for our normal cancellation charges.

36. ASSISTANCE TO THOSE TRAVELLING ON A CRUISE IN THE EVENT OF DIFFICULTY OR UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

Where you have booked a cruise, we will endeavour to provide appropriate assistance without undue delay in the event that you experience difficulty, including where you are unable to return to your agreed point of departure because of unavoidable and extraordinary circumstances as set out in Clause 35. Such assistance will extend to providing appropriate information to health services, local authorities and consular assistance; and helping you to make distance communications and to find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed please contact 01244 957 921.

37. FINANCIAL PROTECTION FOR YOUR CRUISE

The Package Travel, and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the cruise you book with us. For flight inclusive packages we hold a licence with the Civil Aviation Authority (CAA) under ATOL number 11462 administered by the CAA.

This means that in respect of your cruise, in the unlikely event of our insolvency, the CAA will ensure that you are not left standard abroad or will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at https://www.caa.co.uk/atol-protection/.

When you buy a flight inclusive holiday from us you will receive an ATOL Certificate which 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, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate, or a suitable alternative. In some cases, where neither we nor the supplier are 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. If we, or the suppliers identified on your ATOL Certificate, 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 (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.

38. OUR RESPONSIBILITY FOR YOUR CRUISE

The services that make up your cruise will be provided either directly by us or through independent suppliers contracted by us. Except where we act as a booking agent, we are responsible for making sure that each part of the cruise that you book with us is provided to a reasonable standard and as was advertised (or as changed and accepted by you).

We will accept responsibility for your cruise as an “Organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below. If, after departure, any part of your cruise (as set out on your Booking Confirmation) is not provided as promised due to the fault of our employees, agents or suppliers we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will offer you a price reduction or pay you reasonable compensation or both, if this has affected the enjoyment of your cruise. You must inform us without undue delay of any failure of improper performance of the travel services included in your cruise. The level of such compensation will take into account all relevant factors including the price of the cruise, any steps it was reasonable for you to take to minimise the inconvenience/damage suffered and the extent to which the lack of conformity has affected your enjoyment of the cruise.

It is a condition of the payment of compensation that you notify us of any complaint or claim in accordance with Clause 39 and, further, assign to us any rights that you may have against any third party in connection with your claim. It is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

We will not be responsible or pay you any compensation for any injury, illness, death, loss, damage, expenses, cost or other claim of any description whatsoever which results from:

The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or
The act(s) and/or omission(s) of a third party not connected with the provision of your cruise and which were unforeseeable or unavoidable; or
Unavoidable and extraordinary circumstances as set out at Clause 35.

We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) 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 an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) For all other claims not falling under (a) above and which do not involve death, illness or personal injury: Our liability shall be limited to three times (twice in the case of travel services which are not a cruise) the price of your cruise (excluding insurance premiums and amendment charges). This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit from your arrangements.

The promises we give you regarding the services we have agreed to provide as part of the Contract, together with the laws and regulations of the country in which your claim or complaint occurred, shall be used as the basis for ascertaining whether or not the services in question have been properly provided. If the services in question which caused the claim or complaint complied with the local laws and regulations applicable to those services at that time, the services shall be treated as having been properly provided. This will also be the case even if the services did not comply with the laws and regulations of the UK, which would have applied if those services had been provided in the UK.

We will not be responsible, make a price reduction or pay compensation for services or facilities which do not form part of your contracted arrangements with us, and which are not set out in your booking confirmation and the information we provided to you regarding the services prior to booking. For example, and not limited to, any excursion or other leisure services you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you, i.e., excursions, tours, activities or other events that you may choose to book or pay prior to or whilst you’re away that are not part of your cruise provided by us and these Booking Conditions do not apply.

From time to time we may introduce you to third party suppliers of excursions or other leisure activities. Please note that should you choose to enter into a contract or excursions or other leisure services, your contract will be with that supplier directly and therefore we will have no liability for the proper performance of the Contract.

Please note that your belongings are taken on holiday at your own risk and neither we or the accommodation supplier, and any other supplier of the cruise, are responsible for any loss, theft or damage that occurs to your money, valuables or other personal effects during your cruise.

We do not accept any liability for any damage, loss, expense or other sum(s) of any description which, based on the information you gave us at the time of booking, we could not have foreseen you would suffer or incur if we breached our Contract with you, or that relates to any business or is an indirect or consequential loss of any kind.

Our 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 transportation for your cruise. 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; 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 and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to baggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. Any liability we may have arising out of carriage by sea will be determined by the Athens Convention 1974 as if we were the actual or contracting sea carrier. In most cases the Athens Convention limits liability for death and personal injury and for loss of and damage to luggage, and makes special provision for valuables. It presumes that luggage has been delivered to you undamaged unless you inform us in writing: i) in the case of apparent damage, before or at the time of disembarkation from the ship or the time when the luggage is redelivered to you; ii) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation from the ship or of redelivery or from the time when the luggage should have been redelivered to you. Copies of the applicable international conventions and regulations are available from us on request.

Under EC Regulation 261/2004 (denied boarding and flight disruption) 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 of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your cruise cost from us. In any circumstances in which a carrier is liable to you by virtue of this Regulation, 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. Your right to a refund and/or compensation from us is set out in these Booking Conditions. 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.

It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in Clause 39 of 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 us 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.

Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

Nothing in these Booking Conditions limits any liability which cannot be legally be limited, including but not limited to liability for: (a) death or personal injury caused by our, or our suppliers’, negligence: or (b) fraud or fraudulent misrepresentation.

39. IF YOU HAVE A COMPLAINT

If you have cause to complain prior to your departure “pre-departure grievance”, you should call or email us in the first instance and we will do our utmost to deal with and resolve your grievance.

If you have cause for complaint whilst on holiday, you must bring this to the attention of the agent or representative (if there is one) and the establishment (if applicable) of where you are staying who will endeavour to put things right. You must also complete a customer report form (if there is one) whilst in resort.

If there is no local agent or representative, you must contact the supplier on the emergency number detailed on your accommodation/transfer voucher (if transfer related). If, at this point you remain dissatisfied with the outcome, you should immediately contact us on 01244 957 921. If you fail to follow this procedure there will be less opportunity for the supplier(s) and/or ourselves to investigate and rectify your complaint. You should note that it is unreasonable to take no action whilst on holiday, but to then write a letter of complaint upon return.

If you remain unhappy with the outcome, you must write to us within 28 days of your return from holiday giving your booking reference and full details of your complaint, including any additional information supporting your complaint to Customer Liaison Department, Holiday Gems Ltd, Unit 14, Telford Court, Chestergates Business Park, Dunkirk, Chester, CH1 6LT, or by email to customerliaison@holidaygems.co.uk. Complaints must only be addressed from the Lead Passenger. If you fail to follow this simple complaints procedure (in resort and on your return home), we will have been deprived of the opportunity to investigate and rectify your complaint and this will affect your rights under your Contract and your right to any compensation you may have been entitled to will be affected as a result.

You, any member of your party, or any person acting for you, must not make false or exaggerated claims. If you, any member of your party, or anyone acting for you makes a claim knowing any part of it to be false or exaggerated, details will be passed to the relevant authorities and we shall seek to recover any payment made to you in connection with the associated claim (together with costs incurred by us).

We will manage the complaint on your behalf and a letter/email of acknowledgement will be sent to you within 28 days of receiving your grievance, following which you should allow a period of a further 60 days in order that we can make necessary investigations into the same. Please note that this clause is only intended to benefit you as we require full and detailed responses to any issues raised which, in peak occupancy season, becomes problematic for supplier(s) to respond within our normal and required timeframe.

40. UNBEATABLE FLEXIBILITY FOR YOUR NEXT HOLIDAY

COMPREHENSIVE ATOL PACKAGE PROTECTION

For your peace of mind, all cruises we sell are FULLY ATOL PROTECTED (ATOL number 11461) and you can rest in the knowledge that ANY monies you pay to us are safe and secure.

SUPER LOW DEPOSIT*

Our Super Low Deposit facility from just £59 per person offers great flexibility and ensures you are able to secure the holiday you want at the price you want without worrying if the price may change or even if availability dries up in future weeks or months due to anticipated demand. Our website will detail the cost of your low deposit on each applicable holiday along with the repayment dates for the balance of deposit and any future balance payments applicable with final balances available up to just 21 days prior to departure. For extra flexibility you may request changes that suit your needs better and should this be the case, please call our reservations team on 01244 957 725, who will be more than happy to assist. Please click here or refer to Clause 4. THE PRICE YOU PAY - Low Deposits & Payments for full details of the Terms & Conditions applicable to this offer.

FLEXIBLE PAYMENTS*

We offer a range of Flexible Payment options to suit our customers’ needs and in addition, you are able to make ad-hoc payments at any time by visiting our My Booking section, situated in the top right hand of our website. As you browse our website and choose your preferred accommodation, it will detail (where applicable), the flexible payment options available to you coupled with the deposit amount, any interim payment/s and final balance amount which is available up to just 21 days prior to departure. Please click here or refer to section 4. THE PRICE YOU PAY – Low Deposits & Payments point 9 for full details of the Terms & Conditions applicable to this offer

FREE AMENDMENTS*

We know you need peace of mind should the unexpected happen or you simply want to change your holiday details and for a limited period we are offering a free Flight and Hotel amendment policy in which we do not charge any of our own Holiday Gems Ltd Standard Administration or Amendment fees up to 5 days prior to your departure date. For the avoidance of doubt, Holiday Gems Ltd will not charge you our standard amendment fees. However, any airline/accommodation or supplier fees, including and not limited to price differences/change fees and/or amendment fees levied by our suppliers, will still be applicable and are required to be paid at the time of amending your arrangements or may, if applicable, be added to your final balance payment.

FREE ACCOMMODATION CHANGES*

Brand new for 2021 is our Free Accommodation Change policy in which we allow Free Accommodation Changes on applicable and identified accommodation units. As you search our website, we clearly highlight if a particular accommodation is applicable to this offer and where highlighted (on the “summary” page of your booking journey) in many cases, we can offer this facility up to 14 days prior to departure. The actual date you can make a Free Accommodation change will also be indicated to you on the “summary” page. Please note, this policy does not apply to non-refundable/non-changeable reservations made and any difference in price to that of another accommodation must be paid for at the time of change or may be added to your final balance payment. Please note that your change must be to that of the same or a higher star rating and the change must be to an accommodation within the same or another resort which is served by your arrival airport otherwise you may be subject to cancellation charges on the flights portion of your booking. You may also call us if you would like one of our sales advisors to search for the most flexible holiday arrangements that we can offer for your chosen requirements.

FREE FLIGHT CANCELLATIONS*

When you search on our website, we will indicate which flights are applicable to our Free Flight Cancellation Offer along with a “cancel by date”. This will be highlighted to you on the “Summary” page of your booking journey. Should your destination become affected by Covid-19, you may cancel or amend your flight Free of Charge until the date detailed on the same.

For the avoidance of doubt and alternatively, should you decide to amend your flight to another date/duration/destination or airport etc, whilst we will waiver our own standard administration fees, any difference in fare compared to that of the original would need to be paid for by yourself and your party at the time of change (or added to your final balance if applicable) along with any (if applicable) amendment fee/s levied by our airline suppliers and further any price difference in changing your corresponding accommodation (NB: Excluding non-refundable/non-changeable rooms). Please also note, we cannot be held responsible for any airline which may, at extremely short notice, amend their ticketing and/or cancellation date, which in turn would affect the Free Cancellation period and date we originally offered at the time of booking. However, where this is the case, we will inform you and give you prior notice.

COVID-19 INSURANCE COVER*

Travelling in the “new normal” requires extra protection and we are delighted to recommend “Covid Bubble Protection” to our customers. When you obtain a quote (click here), there are four types of cover on offer Bronze, Silver, Gold and Platinum and each contains key protections for you and your travelling party. Put simply, the benefits of “Covid Bubble Protection” are that you and your travelling party are protected if you:

Require medical assistance cover if you or your insured party contracts Covid-19 whilst on holiday (All policies – Bronze, Silver, Gold and Platinum)
Cancel your trip if you catch Covid-19 before travelling - (Gold and Platinum cover)
Cancel your trip if someone named on the policy catches Covid-19 - (Gold and Platinum cover)
If you are “Denied Boarding” for your return flight due to a suspected case of Covid-19 - (Platinum cover but may be added on all other policy types for optional extra)

What’s more is that you can obtain cover for Single Trip or Annual Travel Insurance and there is also Individual policy cover, in addition to Couples, Friends and Family policies available. (click here to obtain a quote).

Holiday Gems Ltd reserves the right to add, amend or withdraw the aforementioned offers/conditions at any time and without notice.

SECTION C – APPLICABLE TO PACKAGE BOOKINGS WHERE WE ACT AS AGENT

All references to Cruises in this section means Cruises organised by third party cruise operators on whose behalf we act as agent. All Cruises will be financially protected by the Supplier/Principal offering the Cruise by means of an ATOL or other form of financial protection. Please read this section in conjunction with Section A of these Booking Conditions.

41. YOUR CONTRACT WITH THE SUPPLIER/PRINCIPAL

Where we act as agent, we will arrange for you to enter into a contract with the applicable Supplier/Principal of your chosen package, as specified in your confirmation invoice.

As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by the supplier. The Supplier/Principal’s Terms & Conditions/Conditions of Carriage 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.

42. PAYMENT

If you have paid a deposit, you must pay the full balance by the balance due date notified you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.

Except where otherwise stated in the Supplier/Principal’s Terms & Conditions, all monies you pay to us for the cruise will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with them.

43. CHANGES AND CANCELLATIONS BY YOU

If you wish to cancel your booking or part of it, only the lead named passenger of the booking may do so by email, which must originate from the email address provided at the time of booking by emailing us at customerservices@holidaygems.co.uk. Alternatively, you may write to us and inform us of the same. However, please note that your notice of cancellation will only take effect when it is received and actioned at our offices during normal working days. As we incur costs from the time we confirm your booking, we will levy a £50 administration fee when dealing with cancellation or part thereof.

Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Arrangements.

The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an administration fee for any amendments to bookings and cancellation of bookings. We will notify you of the exact charges at the time of amendment or cancellation.

44. CHANGES AND CANCELLATIONS BY THE SUPPLIER/PRINCIPAL

We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed cruise or to cancel your booking. If the Supplier/Principal offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the Supplier/Principal is entitled to assume you wish to receive a full refund. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered but we accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.

45. OUR RESPONSIBILITY FOR YOUR BOOKING

Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the cruise you have booked. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the cruise 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 the commission we earn on 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.

46. COMPLAINTS

Because the contract for the cruise is between you and the Supplier/Principal, any queries or concerns about your arrangements should be addressed to them. If you have a problem with your travel arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.

If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly.

ESSENTIAL CRUISE HOLIDAY AND SAFETY INFORMATION

Complaints/claims

In the event you have cause to complain prior to your departure or whilst on holiday, it is essential that you comply with clauses 39 and/or 46 of the above Terms and Conditions. Failure to follow the complaints procedure will affect your rights under your Contract and your right to any compensation you may have been entitled to will be affected as a result.

You, any member of your party, or any person acting for you must not make false or exaggerated claims. If you, any member of your party, or anyone acting for you makes a claim knowing any part of it to be false or exaggerated, details will be passed to the relevant authorities and we shall seek to recover any payment made to you in connection with the associated claim (together with costs incurred by us).

Submitting a fraudulent claim is a criminal offence in the UK, which could result in a criminal record and a fine.

Information on COVID-19 before and during your holiday

Due to the effects of the Coronavirus disease pandemic (COVID-19), we would like to advise all customers that each country has implemented their own health and safety measures and precautions in an attempt to combat the spread of the disease.

As with all local health and safety laws and measures, these may differ greatly for each country and the resorts within these countries may have implemented additional measures, and as a result, certain activities or facilities may be temporarily closed. For example, facilities such as indoor swimming pools, swimming pools, gyms and spa facilities may be temporarily unavailable due to the employers acting in accordance with government advice or regulations if they are not able to operate these facilities safely. Where possible, we will make you aware in advance of any mandatory or advised measures that are in place at your travel destination but it is your responsibility to make yourself aware of these. For further information please visit https://www.gov.uk/foreign-travel-advice and search for the country you are planning on travelling to. We also suggest that you visit the website of the resort and hotel you are staying at during your holiday as they may offer specific information on what facilities are/are not available.

Cruise operators

Please note that each cruise line will have their own health and safety measures and precautions in place which you must adhere to throughout the duration of your cruise. They may also have their own entry requirements, such as testing on arrival and/or proof of vaccination status or a negative PCR test taken before arrival. It is important that you read the Terms and Conditions of Carriage of the cruise line and make yourself aware of these measures and entry requirements.

During your flight

If you have booked a flight with us, it is important that you refer to the Terms and Conditions of the airline you are flying with as it may be compulsory for you to wear a face mask/covering whilst you are on the plane and adhere to any additional measures they have set for your journey. Where possible, we will make you aware in advance of any mandatory or advised measures that your airline is implementing, but it is your responsibility to make yourself aware of these. For further information please visit the website of the airline you are flying with before your departure, details of which will be in the travel documentation we send you.

Entry requirements

It is your responsibility to check the entry requirements for the country you are travelling to as many countries have introduced new entry requirements as a result of COVID-19. If countries are deemed safe to travel to, they may require you to undergo a temperature check as well as a visual health check and in some circumstances you may also be required to ‘self-isolate’ for the first 14 days and you can face penalties if you fail to do so. Where possible, we will make you aware in advance of any mandatory or advised measures that your airline is implementing but it is your responsibility to make yourself aware of these. For further information please visit https://www.gov.uk/foreign-travel-advice and search for the country you are planning on travelling to.

Passports, visa and immigration requirements

We can provide general information about the passport and visa requirements for your trip, but this is for your guidance only and your specific passport, visa and other immigration requirements remain your responsibility. We advise that you confirm these with the relevant embassies and/or consulates well in advance of booking, to avoid any delays on the day of departure.

British Citizens will need a full 10-year passport to travel to the destinations we feature and are generally required to have 6 months remaining on it after the scheduled date of return. Children are required to have their own passport. The name on your passport must match the name on your ticket, otherwise you may not be able to travel or your travel insurance may become invalid. If you or anyone in your party changes their name, please contact us immediately so that they can reissue you with a new ticket. An amendment fee will be applicable for this service.

Non-British citizen passport holders or British citizens holding a passport issued abroad or holders of British Subject Passports should contact the appropriate Consulate or Embassy for advice.

For European holidays you should obtain a completed and issued EHIC card prior to departure. For travel taking place on or after 1st January 2020, EHIC provisions have changed and so you should check https://www.gov.uk/government/collections/brexit-guidance and https://www.gov.uk/guidance/uk-residents-visiting-the-eueea-and-switzerland-healthcare for updates affecting your travel. You may need to apply for a Global Health Insurance Card prior to departure instead. Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware You must obtain comprehensive health insurance cover if you are travelling to the European Union.

Please note travel to any destination via the U.S.A. requires a mandatory Electronic Visa (ESTA).

Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validity requirements. For further information please visit https://www.gov.uk/foreign-travel-advice and search for the country you are planning on travelling to.

Health and medical advice

Health facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs as early as possible. Sources of information include the following: www.gov.uk/government/organisations/foreign-commonwealth-development-office, www.gov.uk/government/organisations/uk-health-security-agency, https://nathnac.net/, https://www.gov.uk/foreign-travel-advice, your GP or a specialist clinic. Whilst many Western European destinations currently have no compulsory inoculation requirements, advice about destinations can change. Customers travelling to other destinations are recommended to seek advice from the sources mentioned above.

Travel Information

The Foreign, Commonwealth and Development Office may have issued health and/or safety information about your holiday destination. You are advised to check this information by visiting the FCDO website directly: www.gov.uk/government/organisations/foreign-commonwealth-development-office or https://travelaware.campaign.gov.uk/. The advice on the FCDO website can change so check regularly for updates about your specific holiday destination.

Medical requirements, special needs & mobility assistance

If you require special assistance for you or a member of your party (e.g., use of a wheelchair, recognised assistance dogs, medical or mobility equipment, special seating requests) you must tell us when you book or, if later, as soon as possible after booking so that we can make sure appropriate arrangements can be made. Failure to notify us in this way may mean that assistance is not available in connection with the cruise, flight, accommodation, resorts, transport, services and/or excursions.

It is your responsibility to ensure you are medically fit to travel and fly. Please remember that this covers your whole journey, including the duration of the flight and also the period you may be waiting at, and in transit through, the departure and arrival airports, as well as possible unforeseen delays or diversions.

Free Wi-Fi

Cruises displaying a ‘Free Wi-Fi’ symbol on our Website or in our brochures have free Wi-Fi available, although it is not guaranteed throughout the vessel. For example, free Wi-Fi may only be available in the main lobby. Connection speeds will vary and no guarantee of availability can be provided.

On board charges

Some facilities/services on board the vessel may be payable locally and in addition to your fare. We endeavour to advise you of all on board charges in our descriptions, but this may not be possible or they may change from time to time.

Advice regarding public holidays and religious/cultural customs/

Virtually all countries have public holidays, religious or otherwise. The festivities may temporarily disrupt your holiday and some religious holidays such as Ramadan, which is celebrated in many Muslim countries, may result in a reduction of facilities, entertainment and a restriction on alcohol. Also, please note that excursions to religious sites, churches and temples will often have strict dress code policies (e.g., Vatican City, Rome).

Animals

The hygiene and care of animals overseas differs vastly from what we are used to at home. We suggest you do not feed or play with animals, domestic or wild, whilst abroad and ensure that children are not allowed to do so. If you are bitten or scratched by an animal, seek medical assistance immediately. You should protect yourself against insect bites also.

Building and development works

Whilst we have no control over such work, as a responsible tour operator, it is important to us that you are aware of any significant building/refurbishment work that may be going on during your cruise. General refurbishment at these establishments is necessary to maintain standards, but if we are informed of such work, we will endeavour to notify you of any activity as soon as possible, however near to your departure this may be.

In and Around Your Cruise Accommodation

At the start of your cruise, always get to know your cabin accommodation and the public areas, any pools, as well as the vessel’s safety and emergency procedures. In particular, ensure that you and all of your party participate in any evacuation drill practices or orientations. If you notice any defects or hazards around the vessel generally, or in your cabin, report them to guest services/reception.

Accidents can happen at any time on holiday, especially on the first and last day – so keep vigilant and don’t get distracted when your children are playing around the vessel or by any pools etc.

Remember! As we have said in the above terms and conditions, the rules and regulations on safety in the UK do not apply or may not be present overseas.

Therefore carefully note the following safety tips, advice and information about your cabin accommodation and your holiday:

Glass/Patio Doors Safety

Be aware that glass doors and windows are not always toughened glass. Please take extra care in bright sunlight as it may not be obvious whether the window/door is open or closed.

Personal Security and Safety

We strongly recommend that you store all money and valuables in a secure place during your holiday. Never leave your key where someone can see your cabin number. Make sure doors are locked and keep your keys handy in case of emergency. If there is one, use the cabin or other safety deposit box for your money, travel documents, passports, jewellery and other valuables. Please note, your belongings are taken on holiday at your own risk and neither we nor the cruise operator are responsible for any loss, theft or damage that occurs to your money, valuables or other personal effects during your time away.

Balcony, Stairwell and Walkways Safety

Never leave children unsupervised on balconies or stairs and walkways (pay particular note and attention when over water or very close to water) and remember that heights and designs of balconies/balustrading may vary from vessel to vessel. Look out for any gaps or ‘step ups’ within the balcony/balustrading structure or nearby furniture as it may be possible for children to use these as a climbing frame or slip through the gaps.

Check that there’s a handle on the outside to get back in if the cabin balcony door shuts.

Never lean over, sit, or climb up to the cabin balcony or climb on the balcony wall, balcony furniture or railings and ensure children are supervised on balconies at all times.

Take extra care on cabin balconies after drinking alcohol.

If you lose your cabin key, always contact the information desk/reception.

Keep all cabin balcony furniture away from the balcony wall so that children are not encouraged to climb up them.

Fire Safety

Check all escape routes and locate the nearest fire exit(s) or emergency call buttons to your cabin accommodation. If there are any battery-operated smoke or other detectors in your cabin, check if they work if there is a safely accessible test button on them. Report immediately any that do not appear to work.

If a fire occurs or the alarm sounds at any time evacuate your cabin immediately and follow any signs and/or instructions given to reach a place of safety/muster point. Note emergency evacuation information is usually on the back of cabin doors or in printed/on screen in cabin information.

Swimming Pools Safety

Check if a lifeguard is employed and follow any ‘Pool Rules’ signs and please adopt a sensible attitude around the pools. Make sure that children and non-swimmers are supervised at all times even if a lifeguard is present.

In particular also note the following:

Take care when walking around pools, as pool surrounds are often slippery when wet and not everywhere has non-slip tiles.

Always check the pool design and layout before getting in. If possible check and look out for any broken pool tiles and if you see any, report them immediately

Check your own and any children’s height in relation to the pool depth and find out where the deep and shallow areas are, plus any slopes, so you can keep away from these if necessary.

Check for any "hidden" obstacles in the water (e.g.…. rocks, ledges).

Generally, never dive into a pool as more often than not, a ‘no diving’ policy will be in place – check the signs around the pool. If there is no such policy, never dive from the pool side into less than 1.5m of water, and for pools and the sea, never dive from bridges, rocks, piers, breakwaters or other decorative features.

Check to see if the pool has a lifeguard in attendance. If so, when?

Do not use the pool if you cannot see the bottom.

Swim before eating and drinking, not immediately after.

Don’t swim if you or anyone in your party has an upset stomach.

Check what to do in an emergency. If it is not stated, ask.

Do not swim at night (or when the pool is closed).

Check warning flags and signage on any beaches visited during day trips or excursions. Only swim where it is permitted and beware of dangerous beach currents and underwater hazards. Never swim where a sign says not to e.g., in zoned areas for jet boats or jet skis. See local advice on the safest beaches and always try to swim parallel to the shore, within your depth.

Child Supervision

If you are a parent, guardian or otherwise of a young child or young children, please be vigilant and supervise children in your care at all times especially around swimming pools, beaches water parks, water slides and activities in or near water.

For the avoidance of doubt, should you sign a separate agreement, contract, waiver or anything similar whilst abroad, you should ensure you read and fully understand the document you have/are signing and, furthermore, we cannot be held responsible for anything you sign whilst on your holiday.

Lift/Elevator Safety

Watch your step if there are lifts aboard your vessel – the lift may not perfectly stop level with the floor. Always stand clear of the doors – keep clothes and carry-ons away from the opening. Hold young children firmly and ensure children do not play or use the lifts without adult supervision.

Never try to stop a closing lift door, wait for the next empty lift. If the lift should ever stop between floors, do not panic. There is plenty of air in the lift. Never climb out of a stalled lift.

Use the ALARM or HELP button, the telephone or the intercom to call for assistance. Above all, wait for qualified help to arrive and never try to leave a lift that has not stopped normally.

Never use the lift if there is a fire or other emergency evacuation sounded or in progress.

Alcohol Safety

Some of us like to indulge, especially during our holidays, but there are times when alcohol is best avoided. Please do not drink before swimming in the pool or sea and try to avoid drinking when sunbathing, as this will dehydrate you. Please never drink if hiring a car as drink driving laws exist in most counties.

Sport and Activity Safety

Please make sure that your insurance policy will cover you in the case of a sports/activity accident. Some activities are deemed more dangerous and are NOT covered or carry a higher premium. Ensure you read the policy and if unsure about anything, ask.

Sun Care Safety

Always use a sunscreen that protects against UVA and UVB (ultraviolet) and has a high SPF (sun protection factor).

Avoid the midday sun, but if you have to go out, cover up with loose clothing and wear a wide-brimmed hat.

Never expose babies under six months to direct sunlight.

Always protect small children thoroughly with a high SPF sunscreen and suitable clothing. Take extra care when children are in the water.

Protect your eyes from the sun with a good pair of sunglasses.

Remember you can still burn in the shade when it’s cloudy or when you are swimming. Wind and water intensify the sun's effect, so while you may feel cool, you could be burning.

Moped, Quad Bike and other Motorised or Dangerous Activities When Abroad

We do not recommend moped or Quad Bike hire or participating in other motorised or dangerous activities when you are away on holiday as they may result in very serious accident/s and sometimes fatality.

In addition, travel insurance policies will very often not cover motorised accidents leaving injured travellers having to pay very high medical bills. Hire contracts do not form part of your package or booking.

Despite our recommendation of not hiring a quad bike or any other form of motorised vehicle, If you are still planning to do so, please note the following:-

Stick to enjoying quad biking as part of an organised off-road excursion, always wear a helmet, appropriate clothing and footwear, make sure that you are provided with appropriate training to help you operate the vehicle safely, check that the vehicle is in good condition, do not ride it if you have any concerns, watch your speed and do not allow anyone to ride pillion. For the avoidance of doubt, should you sign a separate agreement, contract, waiver or anything similar whilst abroad, you should ensure you read and fully understand the document you have/are signing and, furthermore, we cannot be held responsible for anything you sign whilst on your holiday.

Drug Use

Please do not get involved with drugs. This is a serious offence and carries heavy penalties. Please respect local customs regulations and never carry anything through customs for anyone else, smuggling is a serious offence too.

Laws and Customs

Respect local laws and customs, and bear in mind local religious or other sensibilities. Take local advice regarding topless or nude bathing.

Departure Tax

All UK departure taxes and UK airport passenger facility charges (which vary by departure airport) are prepaid and added to the cost of your air ticket and will be quoted at the time of booking. Various countries impose their own departure tax which may not be included within the cost of your air ticket. Please check with us at the time of booking. Please ensure you have sufficient local funds available upon departure.

Gas and Electrical Appliances Safety

Never leave cookers or appliances unattended while in use and ensure all cooking appliances are switched off when not in use or when you leave your cabin or go to bed. As an extra precaution for bottled gas, turn it off at the bottle neck also.

If you smell gas, report it. Black sooty marks, stains, weak orange flames or excessive condensation in the room could indicate a faulty gas appliance.

Please remember that it is dangerous to use electrical appliances when you are wearing a wet bathing costume or with bare feet on wet floors. For your own safety, please exercise proper caution when handling electrical appliances and supervise closely any children who are doing so. Report any electrical defects to reception immediately.

If there are any battery-operated carbon monoxide or other detectors in your cabin, check if they work if there is a safely accessible test button on them. Report immediately any that do not appear to work.

If you are staying in cabins with gas installations, please remember when using them, the room should be ventilated. If you are not sure of adequate ventilation, then please leave a window or door slightly open.

Do not use gas rings or ovens for heating your cabin. They are for cooking only. If you detect any faults with gas appliances, please switch them off immediately and report them to reception.

Special offers

Special offers cannot be used in conjunction with any other offers or be combined with other special offers. Special offers are subject to availability and terms and conditions will apply. Offers can be revoked at any time.

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