FAIR TRADING CONDITIONS
1. The contract is between All Leisure Holidays Limited trading as “Voyages of Discovery” (‘the Company’) and each person booking with the Company (including the parents or guardian of any person under 18 years of age).The Party Leader signing the Booking Form warrants as a fundamental term of the Contract both that he or she is authorised to do so by each passenger (and,where such passenger is under 18, by his or her parent(s) or guardian) and that all passengers (and, when a passenger is under 18, his or her parent(s) or guardian) agree to be bound by these conditions and the general information given in this brochure.
2. No contract exists until the Company has received a signed Booking Form and a first deposit of £80 per paying passenger (or full payment for bookings taken within 11 weeks of departure), and has sent confirmation of the booking in writing to the Party Leader who signed the Booking Form.
3. It is expressly agreed that all passengers and their luggage are carried subject to the Conditions of Carriage of the airlines and shipping company used, some of which limit or exclude liability. Copies of these conditions will be sent with the tickets and are available earlier on request.Any compensation payable for non-performance or improper performance of land, sea and air carriage services shall be limited in accordance with the international conventions that govern such services.
4. Any monies paid to the Party Leader or school in respect of a Voyage of Discovery are held by the Party Leader or school on the passenger’s behalf until such time as the Company has despatched written confirmation of the booking; thereafter such monies are held on the Company’s behalf.
PAYMENT TERMS
5. An initial deposit of £80 per paying passenger must accompany the Booking Form.
6. Not later than 10 weeks after the Company’s receipt of the initial deposits, the Company must receive a second deposit of £100 per paying passenger.
7. About 18 weeks before departure the Company will send the Party Leader a Final Details Form which must be completed and returned to the Company to be received no later than 15 weeks before departure.
8. The Company will send an invoice for the balance due at least 12 weeks before departure. Full payment must be received by the Company no later than 10 weeks before departure or by return post for new bookings taken within 11 weeks of departure.
9.Tickets are usually sent out about 2 weeks before departure.
10. The Company reserves the right to cancel bookings and levy cancellation charges on the scale in section 13 below if final payments are not received in full and on time.
PRICES
11. The Company reserves the right to alter the prices shown in the 2008 brochure at any time. The prices confirmed to the Party Leader signing the Booking Form by the Company at the time of booking will only be changed in the following circumstances: We have the right to increase or decrease prices in line with any change in VAT, other dues or fees chargeable for the services included in the cost of your holiday, such as landing taxes or embarkation or disembarkation fees, visa charges, transportation (all forms) costs, including the cost of fuel. Should it be necessary to make any surcharges, you will be notified of the relevant adjustments on your final invoice which you will receive approximately 12 weeks before your departure. In any event we will absorb all such increases where they form less than 2% of the total cost of your cruise (excluding any cancellation or amendment charges). Only amounts in excess of this 2% will be surcharged. If any surcharge means you paying more than 10% on the cost of your cruise, you will be entitled to cancel your cruise with a full refund of all monies paid (except cancellation and amendment charges). Should you wish to cancel in these circumstances, you must exercise the right to do so within 14 days from the date of the invoice we issue.
ADDITIONAL PASSENGERS AND NAME CHANGES
12. Extra passengers may be added at any time provided both that space still exists and that a further deposit(s) or full payment, as relevant, per passenger is received by the Company. Name changes may be made free of charge up to receipt by the Company of the Final Details Form; after this time an administration charge of £20 per change is payable for each name change; in some circumstances a change of name cannot involve changing a male passenger to a female passenger or vice versa.
CANCELLATION BY A PASSENGER
13. Any passenger’s booking may be cancelled at any time. Cancellation will take effect when the Company has received written notice of cancellation signed by the Party Leader who signed the Booking Form. Cancellation charges payable to the Company are:
| Period before departure within which the Company receives notice |
Cancellation charge per passenger |
| After payment of first deposit | First deposit |
| After due date of payment of second deposit | First and second deposits |
| 70 days to 1 day before departure | 90% of invoiced charge |
| Departure date or later | 100% of invoiced charge |
CANCELLATION OR ALTERATION BY THE COMPANY
14.The Company reserves the right at its sole and absolute discretion at any time to cancel, postpone or alter without prior notice or consultation any Voyage of Discovery in whole or in part in order to safeguard its passengers, its employees or the vessel in the event of war or the threat of war, political unrest, terrorist activity or the threat of terrorist activity, nuclear disaster, riots, civil strife, adverse weather conditions or other similar events, or for any other valid reason. If in such circumstances the Company cancels a Voyage of Discovery before the scheduled departure date it will offer, when possible, a subsequent alternative departure of similar standard, or the choice of a full refund of all monies paid, less insurance premiums. If in such circumstances the Company cancels a Voyage of Discovery after the start, it will return passengers as soon as practicable to the UK and make a proportionate refund for any unused services, less any insurance premiums and any non-recoverable expenses incurred. If in such circumstances the Company alters the planned itinerary, only any shore excursion differentials will be refunded. If the majority of ports that we aim to visit during the cruise have to be changed on Foreign Office advice before the cruise commences, then we undertake to offer passengers an equivalent alternative itinerary or a refund of the cost of their cruise in full. The Company also reserves the right to cancel any Voyage of Discovery by giving notice at least ten weeks before departure if sales of that departure have not reached 70% of capacity: in such a circumstance the Company will refund all monies outstanding in full. In all such circumstances above the Company shall not be liable to pay compensation, nor shall passengers have any further claim against the Company.
15. The Company is unable to guarantee that the ship will call at every advertised port or follow every part of the advertised route.The Company will at all times endeavour to maintain the advertised programme but reserves the right at its sole discretion to make any alterations it deems necessary. If for any reason the details of a cruise have to be altered before departure (and subject to Clause 14 above) the Company will notify the Party Leader who signed the Booking Form as soon as possible.
16. Aircraft and Ships’ Captains always have the right at their absolute discretion to vary any planned routing without prior notice or consultation if they deem it necessary to do so in the interests of safety.
17.The Company reserves the right at its sole and absolute discretion to use a substitute ship of similar standard to the original ship should it prove necessary to do so.
CONDUCT AND BEHAVIOUR
18. In signing the Booking Form the Party Leader accepts responsibility for the good conduct of all participants so booked. Furthermore it is the Party Leader’s responsibility specifically to ensure that:
a) No participant under the age of 18 consumes alcohol on shore or on board. Smoking is permitted in certain areas on board and subject to the Party Leader giving written consent on the basis of information received from parents.
b) No participant causes a fire hazard.
c) Participants act in a responsible way throughout and do not behave in a way likely to cause damage to property or offence to others. If the behaviour of any passenger is considered likely to cause offence, damage, danger or distress to others, the Company reserves the right at any time to cancel or terminate that passenger’s Voyage of Discovery without compensation or refund but with full liability of the passenger for any extra costs or expenses incurred, including the cost of repatriation.
COMPLAINTS
19. Any passenger who encounters a problem during a Voyage of Discovery must in the first instance report it to the Voyages of Discovery Headmaster on the ship and ensure that the issue is entered in the Company’s Comment Book on board. If the matter cannot be put right on the spot, the Party Leader should write to the Company within 28 days of the end of the trip. The Company will answer any letter of complaint within 28 days of receipt. Disputes arising out of, or in connection with, this Contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme which, although devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators.The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be supplied on request.The Scheme does not apply to claims for an amount greater than £1,500 per person.There is also a limit of £7,500 per booking form. Neither does it apply to claims, which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. The rules of the Scheme provide that the application for arbitration must be made within nine months of the date of return from the holiday but in special circumstances it may still be offered outside the period.
APPLICABLE LAW
20. English law shall govern the Contract and all other proceedings arising out of or in connection with it. The Courts of England are to have jurisdiction to settle any disputes which may arise in connection with the Contract, but if and in so far as a claim against the Company is governed by the Athens Convention it may be brought in any Court specified in Article 17 thereof.
CONDITIONS OF CARRIAGE BY SEA
21. Travel on board the ship is subject to the shipping company’s Conditions of Carriage, some of which limit or exclude liability in accordance with international conventions.Copies of these conditions will be sent with tickets and are available earlier upon request.
22. If for any reason despite the above paragraph, the Company would be otherwise liable in connection with carriage by sea the provisions of the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 (‘the Athens Convention’) and any modification thereof which may be in force at the time, may be applicable to the contract.The Company draws each passenger’s attention to the fact that the Athens Convention in most cases limits the carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. The Athens Convention presumes that luggage has been delivered undamaged unless written notice is given to the carrier before or at the time of disembarkation or re-delivery in the case of apparent damage, and in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or re-delivery or from the time when such re-delivery should have taken place. If and in so far as the Athens Convention is applicable to the contract the Company shall be entitled to the benefit of all limitations, rights and immunities conferred by the Athens Convention. Without Prejudice to the generality of the foregoing provisions of this condition any damages payable by the Company up to the Athens Convention Limits shall be reduced in proportion to any contributory negligence by the passenger and by the maximum deductible specified in Article 8 (4) of the Athens Convention.
CONDITIONS OF CARRIAGE BY AIR
23. Travel on board aircraft used in travelling to and from the ship is subject to the airline’s standard ticket conditions, some of which limit or exclude liability in accordance with international conventions.
24. If your air journey involves a destination or stop in a country other than the one from which you depart, the Warsaw Convention may govern the liability of all airlines involved in your journey, including any portion thereof in a single country. This Convention limits the liability of airlines for death or bodily injury and for baggage loss, delays or damage. For many air carriers, including all European Community air carriers, the Warsaw Convention limits for bodily injury or death and the defence that they have taken all necessary measures to avoid the damage for the first 100,000 Special Drawing Rights of any such claim do not apply. In addition, in cases of death or bodily injury, many air carriers will make advance payments to the person entitled to compensation, if required to meet immediate economic needs, in proportion to the hardship suffered. European Community carriers provide a minimum advance equal to not less than 15,000 Special Drawing Rights in the event of death. Other air carriers may apply alternate provisions.
OTHER ARRANGEMENTS
25. Should any passenger have the misfortune to suffer illness, injury or death during the period of the cruise arising out of an activity that does not form part of the arrangements made by the Company, the Company will,where appropriate, provide every assistance that it can up to a maximum value of £5,000 per Booking Form.
