Terms of Business
If you are booking or have booked a cruise only or a flight inclusive cruise with us, our Agency Terms of Business apply and set out our responsibilities. For cruise only or flight inclusive cruise bookings, your contract will be with the supplier of the arrangements in question (the ‘Supplier/Principal’).
If you have booked or are booking a Cruise and Stay package holiday with us, these Agency Terms of Business will not apply to you and you should refer to our Package Booking Terms (when we act as a Principal).
We will inform you at the time of enquiry which terms apply to you.
When we act as an agent
These are the Agency Terms of Business on which we will make a booking for your cruise only or flight inclusive cruise arrangements.. When making your booking we will arrange for you to enter into a contract with the Supplier/Principal (tour operator/airline/cruise operator/other supplier) named on your payment transaction statement. In these Agency Terms of Business ‘We, Us or Our’ means Bolsover Cruise Club, which is the trading name of Bolsover Cruise Club Ltd, (a company incorporated in England and Wales with Company number 5729112), whose registered office is 35 Sherwood Street, Warsop, Mansfield, Notts, NG20 0JR. ‘You’ and ‘Your’ means each and every person named on the booking. ‘ATOL Operator’ means a tour or cruise operator that is licensed by ATOL. ‘ATOL’ is a protection scheme for flights and air holidays, managed by the Civil Aviation Authority (CAA). All flight-inclusive cruises you book through us will be protected by the ATOL of the Supplier/Principal organising that arrangement.
We act as an agent for the Supplier/Principal. This means that We obtain bookings for and on behalf of the Supplier/Principal. All bookings are subject to the relevant Supplier/Principal’s terms and conditions. Details of the Supplier/Principal’s terms and conditions are provided in their current published brochure or can be found on their website. We will check that you are happy you have access to these prior to proceeding with the booking.
When a booking is made, the ‘lead name’ on the booking guarantees that he or she has the authority to accept and does accept on behalf of each and every person named on the booking, these Agency Terms of Business.
Usually a binding contract will be formed between You and the relevant Supplier/Principal on either the payment of the required deposit, (or full payment in the case of late bookings) or when we send you a booking confirmation on their behalf. It is Your responsibility to read and understand the Supplier/Principal’s terms and conditions and ask for further clarification at the time of booking if necessary.
As agent, we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by them.
When a booking is made all details will be read back to You. Once You have confirmed these details We will proceed to confirm the booking with the Supplier/Principal. On receipt of all documents please check that all names, dates and timings are correct and advise Us of any errors immediately. Any changes to these details may result in additional charges in accordance with the Supplier/Principal’s terms and conditions. Please ensure that the names given are the same as in the relevant passport.
2. PRICE AND PAYMENT
In order to book your chosen arrangements you will be required to pay a deposit (or make full payment for Your booking if Your travel arrangements are within the Principal’s/Supplier’s balance due date) as required by the Supplier/Principal. Where You only pay a deposit You must pay the full balance by the balance due date notified to You on Your booking summary. 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. Please check the Supplier/Principal’s terms and conditions carefully as some deposits may be non-refundable.
Please note that Our discounts, if applicable, apply to the basic cruise price unless otherwise specified. This excludes all extras such as flight supplements, port taxes, excursions, travel insurance, surcharges and amendment or cancellation charges (see clause 5.2 below). Our discounts may not be used in conjunction with any other Supplier/Principal promotion or discount offer unless otherwise specified. Some cruise operators may withhold certain promotions or free gifts associated with a cruise due to the high level of discount that they offer. Please ask staff at the time of booking.
If You do not supply the correct credit or debit card billing address and/or cardholder information, the issue of Your tickets may be delayed and the overall cost may increase. The Supplier/Principal reserves the right to cancel Your holiday if payment is declined or if You have supplied incorrect credit card information. We reserve the right to do random checks (including the electoral roll) in order to minimise credit card fraud. As a result of this, before issuing tickets We may require You to provide Us with an email or postal copy of proof of address, a copy of Your credit card and a recent statement.
To enable Us to forward the appropriate funds onto the Supplier/Principal to ensure that it reaches them before or by their balance due date We must have received cleared funds from You prior to this date. We usually recommend at least seven days prior to the Supplier/Principal balance due date.
Passenger Relations Discount (PRD) or Future Cruise Credit (FCC) Any PRD or FCC received by You from a Supplier/Principal can be used when booking to reduce the Supplier/Principal’s full price only. Where a bonus Cruise Club discount is applicable and a PRD or FCC is used, it does not further reduce Our discounted price; instead We will apply Our discount to the reduced Supplier/Principal price.
3. WEBSITE ACCURACY
Although We make every effort to ensure the accuracy of Our website information and pricing, prices are subject to change and, on occasion, errors can occur. You must ensure You check the price and all other details of Your chosen arrangements with Us at the time of booking.
4. FINANCIAL PROTECTION
You will be advised of the financial protection that applies to Your travel arrangements at the time of booking. Please also check the Supplier/Principal’s terms and conditions for details of the financial protection provided. If you buy an ATOL protected flight inclusive cruise you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
5. IF YOU CHANGE OR CANCEL YOUR BOOKING
Amendment to or cancellation of Your booking can only be done in accordance with the Supplier/Principal’s terms and conditions and may result in additional charges (which may be up to 100% of the cost of the travel arrangements).
If We have applied a discount to the basic cruise element on Your booking, this discount will not apply to any cancellation or amendment charges that arise. Any such charges will be calculated by reference to the Supplier/Principal’s full booking price. We strongly advise that You ask Us how much these charges will be before You make any amendments or cancel Your booking.
Any change and/or cancellation of Your booking must be authorised in writing to Us by the ‘lead name’. We will then pass this onto the Supplier/Principal.
6. IF THE SUPPLIER/PRINCIPAL CHANGES OR CANCELS YOUR BOOKING
We will inform the ‘lead name’ of any changes or cancellations as soon as reasonably possible. If the Supplier/Principal offers alternative arrangements or a refund, You will need to inform Us of Your choice within the time frame stipulated by the Supplier/Principal. If You fail to do so the Supplier/Principal is entitled to assume You wish to receive a full refund. We accept no liability for any changes or cancellations made to Your arrangements by the Supplier/Principal under Your contract with them.
7. DELIVERY OF DOCUMENTS
All documents (e.g. invoices/tickets/ATOL receipts) will be sent to the ‘lead name’ by Second Class post, or by email where You have selected the “Go Green” option. Once documents leave Our office We will not be responsible for their loss unless such loss is due to Our negligence.
8. OUR RESPONSIBILITY FOR YOUR BOOKING
Your contract is with the Supplier/Principal and its terms and conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to You in good faith.
We will only be liable to You for Our own negligence and/or breach of Our obligations under these Agency Terms of Business. We are not liable for the acts and omissions of Supplier/Principals, and You should seek redress under the Supplier/Principals terms and conditions if You consider that You have a claim against them.
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.
All Supplier/Principals require You to take out travel insurance as a condition of booking with them. We strongly advise that You take out a policy of insurance in order to cover You and Your party against the cost of cancellation by You; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses.
We can recommend a number of competitively priced schemes with a preferred partner that are designed with the cruise holidaymaker in mind and details will be given at the time of booking. Your contract for insurance will be direct with the insurance provider.
10. PASSPORTS, VISAS AND HEALTH
We can provide general information about the passport and visa requirements for British Citizens. Your specific passport and visa requirements, and other immigration requirements are Your responsibility and You should confirm these with the relevant Embassies and/or Consulates. Neither We nor the Supplier/Principals accept any responsibility if You cannot travel because You have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least six months after Your return date.
Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask Us for full details.
We can provide general information about any health formalities required for Your trip but You should check with Your own GP for Your specific circumstances.
You must inform Us prior to booking of any medical conditions or disabilities that could affect Your ability to complete Your travel arrangements.
11. ON-BOARD GRATUITIES/SERVICES CHARGES
Supplier/Principals operate varying policies regarding on-board tipping. Many will automatically add a daily charge to Your on-board account. This charge will either be discretionary or mandatory; if discretionary the charge may be removed upon request. Some Supplier/Principals also allow this daily charge to be pre-paid at the time of booking and this can be cheaper than paying on-board.
In addition to any daily charge, a compulsory service charge of approximately 15-20% often also applies to all bar, spa and salon bills. This compulsory charge is not covered when pre-paying any daily service charge. Prices exclude any gratuity or service charge that may be payable on board or in advance.
As per the Supplier/Principal’s terms and conditions, You will be required to abide by their gratuity/service charge policy and must settle Your account in full before disembarking the ship at the end of Your cruise.
12. PRIVACY & DATA PROTECTION
We are committed to keeping Your information and account details private. When making a booking with us, the lead name agrees on behalf of all persons on the booking that he/she consents to our use of personal data in accordance with our Privacy Statement and is authorised to disclose their personal details to us, including, where applicable, special categories of data (such as information on health conditions, or disabilities and dietary requirements).
We are members of ABTA (no. 15805). This means We abide by ABTA’s Code of Conduct which obliges Us to maintain a high standard of service to You.
We can offer an arbitration scheme for the resolution of disputes arising out of, or in connection with these Agency Terms of Business. The arbitration scheme is arranged by ABTA and administered independently. Claims under the Scheme cannot be made for more than a total of £25,000, limited to £5,000 per person. Where a claim for personal injury is made the limit on the amount claimed is £1,500 per person.
You may only apply for Arbitration once You have reached deadlock with Us and You have completed the Pre-Arbitration Notice as supplied by ABTA. You must send the Claim Documents to ABTA so as to be received by ABTA within 18 months of completion of the return journey or the intended return date. We may, but cannot be compelled to, agree to the Arbitration proceeding if the Claim Documents are received by ABTA outside this time limit. Each party shall bear its own costs of preparing and submitting its case, including the costs of legal representation, if any, and no legal action may be brought to recover these costs.
Because the contract(s) for Your travel arrangements is between You and the Supplier/Principal, any queries or concerns relating to the travel arrangements should be addressed to them. If You have a problem whilst on holiday, this must be reported to the Supplier/Principal or their local supplier or agent immediately. If You fail to follow this procedure there will be less opportunity to investigate and rectify Your complaint. The amount of compensation You may be entitled to may be reduced or You may not receive any at all depending upon the circumstances.
If You wish to complain when You return home, write to the Supplier/Principal. You will see the name and address plus contact details in any confirmation documents We send You. Please contact Us if You wish Us to assist You with this.
If the matter cannot be resolved and it involves Us or another ABTA member then You have the option to use ABTA’s ADR scheme, approved by the Chartered Trading Standards Institute, see abta.com.
15. FINAL TRAVEL ARRANGEMENTS
Please ensure that all Your travel, passport, visa and insurance documents are in order and that You arrive in plenty of time for checking in at Your departure point. It may be necessary to reconfirm Your flight with the airline prior to departure. Please ask Us for details at least 72 hours before Your outbound flight. You should take a note of any reference number or contact name when reconfirming. If You fail to reconfirm You may be refused permission to board the aircraft and You are unlikely to receive any refund.
16. JURISDICTION AND APPLICABLE LAW
These Agency Terms of Business and all matters arising from it are governed by English law and subject to the exclusive jurisdiction of the Courts of England and Wales. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if You wish to do so.
Issued April 2023 – Version 33
When we act as a Tour Operator
APPLICABLE FOR CRUISE & STAY PACKAGE BOOKINGS ORGANISED BY US.
If you have booked or are booking a cruise only or flight-inclusive cruise product, these Package Booking Terms will not apply to you and you should refer to our Agency Terms of Business.
We will inform you at the time of enquiry which terms apply to you.
In these Package Booking Terms, ‘We, Us or Our’ means Bolsover Cruise Club and/or The Cruise Holiday Shop, which are trading names of Bolsover Cruise Club Ltd, a company incorporated in England and Wales with Company number 5729112, whose registered office is 35 Sherwood Street, Warsop, Mansfield, Nottinghamshire, NG20 0JR. ‘You’ and ‘Your’ means each and every person named on the booking.
1.1 All bookings are subject to these Package Booking Terms.
1.2 When a booking is made, the ‘lead name’ on the booking guarantees that he or she has the authority to accept and does accept on behalf of each and every person named on the booking.
1.3 A binding contract will be formed between You and Us once We have taken the required deposit payment (or full balance if booking within 110 days of departure or earlier if advised at the time of booking). It is Your responsibility to read and understand these Package Booking Terms and ask for further clarification at the time of booking if necessary.
1.4 If your confirmed arrangements include a flight, we will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document, are wrong 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 within ten days of our sending it out.
2. PRICE & PAYMENT
2.1 When You make Your booking You will be required to pay a deposit; the amount will vary according to the supplier/s We use. The balance of the price of Your travel arrangements must be paid at least 110 days before Your departure date, unless you are advised differently at the time of booking. If the deposit and/or balance is not paid in time, We may cancel Your travel arrangements. If the balance is not paid in time We shall retain Your deposit.
3. WEBSITE ACCURACY
3.1 Although We make every effort to ensure the accuracy of Our website information and pricing, prices are subject to change and, on occasion, errors can occur. You must ensure You check the price and all other details of Your chosen arrangements with Us at the time of booking.
4. IF YOU CHANGE OR CANCEL & TRANSFER OF BOOKING
4.1 You, or any member of Your party, may cancel Your travel arrangements at any time. However, unless You are the lead name, We will require prior permission in writing from the lead name to accept any instructions in relation to Your travel arrangements from any other member of Your party. You must notify us in writing as soon as possible should you wish to cancel your booking. Please note that should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
4.2 . Since We incur costs in cancelling Your travel arrangements, You will have to pay cancellation charges as follows unless the supplier concerned charges a higher cancellation charge, for example, Silversea typically impose a 25% cancellation charge for cancellations made 120 days prior to departure (see also the exception below):
|PERIOD BEFORE DEPARTURE IN WHICH YOU CANCEL
|More than 110 days
|109 to 77 days
|50% of holiday cost
|76 to 60 days
|60% of holiday cost
|59 to 30 days
|75% of holiday cost
|29 to 18 days
|90% of holiday cost
|17 days or less
|100% of holiday cost
Note: If the reason for Your cancellation is covered under the terms of Your insurance policy, You may be able to reclaim these charges.
4.3 You can cancel Your booking without paying cancellation charges if the performance of Your package, or the carriage of passengers to Your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, We will arrange for Your booking to be terminated and issue You a full refund. We will observe advice provided by the UK Foreign, Commonwealth & Development Office (“FCDO”) and your right to cancel in these circumstances will only apply where the FCDO advises against travel to your destination or its immediate vicinity.
4.4 If, after our confirmation invoice has been issued, You wish to change Your travel arrangements in any way, for example Your chosen departure date or accommodation, We will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing from the lead passenger the person who made the booking. You will be asked to pay an administration charge of £50, and any costs We incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and You should contact Us as soon as possible.
Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. For instance, airlines operating “No Frills Flights” are normally inflexible and impose severe charges for cancellation or changes.
4.5 You can transfer Your booking to another person, who satisfies all the conditions that apply to this booking, by giving Us notice in writing as soon as possible and no later than 7 days before departure. Both You and the new traveller are responsible for paying all costs We incur in making the transfer and any other costs arising from the transfer. The transferee must agree to these Package Booking Terms and all other terms of the contract between us.
Please note that if you are unable to find a replacement, cancellation charges as set out in clause 4 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
5. IF WE CANCEL YOUR BOOKING
5.1 We reserve the right to cancel Your booking. We will not cancel once you have paid your final balance, except for unavoidable and extraordinary circumstances (see definition above), or failure by You to pay the final balance.
5.2 If Your holiday is cancelled You can either have a refund of all monies paid or accept an alternative holiday of comparable standard from Us if We offer one (We will refund any price difference if the alternative is of a lower value).
5.3 In the event a refund is paid to You, We will pay compensation as detailed below under clause 6, except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above).
6. IF WE CHANGE YOUR BOOKING
6.1 Changes to the price
We can change Your holiday price after You’ve booked, only in certain circumstances:
- Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of Your travel arrangements may change after You have booked. However, there will be no change within 20 days of Your departure.
- We will absorb, and You will not be charged for, any increase equivalent to or less than 2% of the price of Your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of Your travel arrangements, You will have the option of accepting a change to another holiday if We are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
- Should the price of Your holiday decrease due to the cost changes mentioned above, then any refund due will be paid to You. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always 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.
6.2 Changes other than the price
It is a term of Your booking that We are able to make changes to any aspect of Your booking. If the change is insignificant, We will make reasonable efforts to inform you as soon as reasonably possible if there is time to do so before your departure but we will have no liability to you. Examples of insignificant changes include alteration of Your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers.
If We are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up Your package You will have the rights set out below.
- We will contact You and You will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where We offer one (we will refund any price difference if the alternative is of a lower value). We will tell You the procedure for making Your choice. Please read any notification of changes carefully. You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
- If You choose to accept a refund, We will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances (see definition above). The compensation that We offer does not exclude You from claiming more if You are entitled to do so.
|PERIOD BEFORE DEPARTURE IN WHICH WE NOTIFY YOU
|AMOUNT YOU WILL RECEIVE FROM US, PER PERSON
|More than 110 days
|Between 60 and 109 days
|Between 30 and 59 days
|Between 9 and 29 days
|8 days or less
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- where we make an insignificant change;
- where we make a significant change or cancel your arrangements more than 110 days before departure;
- where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
- 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 7).
Unavoidable & Extraordinary Circumstances
Except where otherwise expressly stated in these Package Booking Terms we will not be liable or pay you compensation if our contractual obligations to you are affected by “Unavoidable & Extraordinary Circumstances”. For the purposes of these Package Booking Terms, Unavoidable & Extraordinary Circumstances means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, 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 to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerneds control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom having left the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Unavoidable & Extraordinary Circumstances, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
8. Our Responsibilities
8.1 We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your confirmation invoice and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmation invoice and the information we provided to you regarding the services prior to booking.
8.2 You must inform Us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in Your package are not performed in accordance with the contract, or are improperly performed, by Us or the travel service suppliers, and this has affected the enjoyment of Your travel arrangements, You may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to You or another member of Your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances (see definition above).
8.3 We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.
8.4 Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of Your travel arrangements. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
8.5 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 travel services that make up Your package. These terms are incorporated into this booking; and
b. Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
8.6 You can ask for copies of the travel service contractual terms, or the international conventions, from your dedicated cruise agent. Under EU law (Regulation 261/2004) You have rights in some circumstances to refunds and/or compensation from Your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However, reimbursement in such cases will not automatically entitle You to a refund of Your holiday cost from us. Your right to a refund and/or compensation from Us is set out in these Package Booking Terms. If any payments to You are due from us, any payment made to You by the airline or any other service provider will be deducted.
8.7 Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
- which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;
- relate to any business;
- indirect or consequential loss of any kind.
8.8 We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
8.9 If it is impossible to ensure Your return as scheduled due to unavoidable and extraordinary circumstances (see definition above), We will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit does not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that You notified Us of these needs at least 48 hours before the start of Your holiday.
9.1 It is a contractual requirement that You take out a policy of insurance in order to cover You and Your party against the cost of cancellation by You; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. A failure to take out such insurance cover and providing Us with reasonable confirmation of same in writing shall be a material breach of these Package Booking Terms entitling Us to cancel Your travel arrangements.
9.2 We can recommend a number of competitively priced schemes with a preferred partner that are designed with the cruise holidaymaker in mind and details will be given at the time of booking. Your contract for insurance will be direct with the insurance provider. You will be provided with our insurance waiver form which We require to be signed by You and which confirms that You have or will have adequate insurance prior to leaving on the holiday.
10. Financial Protection
10.1 We provide full financial protection for our package holidays, by way of our Air Travel Organiser’s Licence (ATOL) number 11481, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email [email protected]. When You buy an ATOL protected flight or flight inclusive package from Us, You will receive an ATOL Certificate. This lists what is financially protected, where You can get information on what this means for You and who to contact if things go wrong.
10.2 We will provide You with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where We aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide You with the services You have bought or a suitable alternative (at no extra cost to You). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and You agree to pay any money outstanding to be paid by You under Your contract to that alternative ATOL holder. However, You also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case You will be entitled to make a claim under the ATOL scheme (or Your credit card issuer where applicable).
10.3 If We are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) You under the ATOL scheme. You agree that in return for such a payment or benefit You assign absolutely to those Trustees any claims which You have or may have arising out of or relating to the non-provision of the services, including any claim against us, (or Your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums You have claimed under the ATOL scheme.
10.4 We provide full financial protection for our non-flight based package holidays by way of a bond held by ABTA – The Travel Association, 30 Park Street, London, SE1 9EQ, www.abta.com. You agree to accept that in the event of our insolvency ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, you shall be required to pay any outstanding sum under your contract with us, to that alternative travel service provider. However, you also accept that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.
10.5 If you book arrangements other than a package for which we are the organiser, your monies will not be financially protected by us. Please ask us for further details.
11.1 We are members of ABTA (no. Y6603). This means We abide by ABTA’s Code of Conduct which obliges Us to maintain a high standard of service to You.
11.2 We can offer an arbitration/conciliation scheme for the resolution of disputes arising out of, or in connection with these Booking Terms. The arbitration/conciliation scheme is arranged by ABTA and administered independently. Claims under the Scheme cannot be made for more than a total of £25,000, limited to £5,000 per person. Where a claim for personal injury is made the limit on the amount claimed is £1,500 per person.
11.3 You may only apply for arbitration/conciliation once You have reached deadlock with Us and have followed ABTA’s complaint process. You must send the Claim Documents to ABTA so as to be received by ABTA within 18 months of completion of the return journey or the intended return date. We may, but cannot be compelled to, agree to the arbitration/conciliation proceeding if the Claim Documents are received by ABTA outside this time limit. Each party shall bear its own costs of preparing and submitting its case, including the costs of legal representation, if any, and no legal action may be brought to recover these costs.
12.1 If You have a complaint about any of the services included in Your holiday, You must:
a. At the time of the problem, inform the supplier of the service of the issue/s You have encountered to afford them an opportunity to put things right immediately; and
b. At the time of the problem, call Us on (+44) (0)1246 819 819 during UK working hours and outside UK working hours telephone our 24-hour helpline supplied with your documentation, to enable Us to try to resolve the complaint as soon as possible; and
c. On Your return to the UK, if You have any further concerns, email Our customer services Department at [email protected] within 28 days to afford Us an opportunity to investigate the matter with our supplier/s.
d. Provide us with supporting evidence where your complaint includes a claim for costs incurred by you. This can be emailed to us at the above address or sent via post to our offices. Please ensure you clearly display your booking reference on any correspondence you send to us.
12.2 If You fail to take this up with the supplier at the time, We will have been deprived of the opportunity to investigate and rectify it and this may affect Your rights under this booking. Please also see clause 11 above – ABTA.
13. Privacy & Data Protection
13.1 We are committed to keeping Your information and account details private. When making a booking with us, the lead name agrees on behalf of all persons on the booking that he/she consents to our use of personal data in accordance with our Privacy Statement and is authorised to disclose their personal details to us, including, where applicable, special categories of data (such as information on health conditions, or disabilities and dietary requirements). Please see our Privacy Statement for further information on how we handle your data.
14. Entry, Passports, Visas and Health Requirements
14.1 We can provide general information about the passport and visa requirements for British Citizens. Your specific passport and visa requirements, and other health and immigration requirements are Your responsibility and You should confirm these with the relevant Embassies and/or Consulates. Neither We nor the supplier/s accept any responsibility if You cannot travel because You have not complied with any passport, visa, health or immigration requirements. Most countries now require passports to be valid for at least six months after Your return date so we require You and the members of Your group to have a valid passport that is valid for at least 6 month from the day after You return.
14.2 Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask Us for full details.
14.3 We can provide general information about any health formalities required for Your trip but You should check with Your own GP for Your specific circumstances.
14.4 You must inform Us prior to booking of any medical conditions or disabilities that could affect Your ability to complete Your travel arrangements.
14.5 For European travel you should obtain a UK Global Health Insurance Card (UK GHIc. prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIc..
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 validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.
15. Additional Assistance
15.1 If you’re in difficulty whilst on holiday and ask Us to help We will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping You to find alternative arrangements and any necessary telephone numbers or email addresses. You must pay any costs We incur, if the difficulty is Your fault.
16.1 Excursions or other tours that You may choose to book or pay for whilst You are on holiday are not part of Your package holiday provided by us. For any excursion or other tour that You book, Your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
17. Law and Jurisdiction
17.1 This booking is governed by English Law, and You submit to the jurisdiction of the Courts of England and Wales. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
Version 32: April 2023
Your rights under the package travel and linked travel arrangements regulations 2018
When booking with us you will be informed at the time of your booking if you are booking a package holiday within the meaning of the Package Travel and Linked Travel Arrangements Regulations. If you are booking a package you will benefit from all EU rights applying to packages.
You will be informed at the time booking whether Bolsover Cruise Club is acting as agent or organiser. When we act as agent the cruise line will be fully responsible for your package as a whole. When we act as organiser Bolsover Cruise Club will be responsible for your package as a whole. Additionally, as required by law, Bolsover Cruise Club has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event we become insolvent.
Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 include;
- Travellers must be given access to all essential information about the package and their rights before the conclusion of the package travel contract.
- The organiser of the package is liable for the proper performance of all the travel services included in the contract.
- Travellers will be given an emergency telephone number and/or details of a point of contact where they can get in touch with the organiser or the travel agent.
- Travellers have the right to transfer the package to another person, with reasonable notice and possibly subject to additional costs.
- The price of the package may increase should specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and no later than twenty days before departure. If the price rises by 8% or more then the traveller may terminate the contract with no termination fees. Where the organiser reserves the right to increase the price the traveller is entitled to any decreases.
- Travellers may terminate the contract without paying any termination fees and get a full refund of any payments if any of the key elements of the package, other than the price, has changed significantly. If before the start of the package the organiser responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instances if there are any serious security problems at the destination which are likely to affect the package.
- Travellers may terminate the contract at any time before the start of the package in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contact and this substantially affects the performance of the package and the organiser fails to remedy the problem.
- Travellers are entitled to a price reduction or compensation for damages or both where the travel services are not performed or are performed improperly.
- The organiser must provide assistance to the traveller if in difficulty while abroad.
- If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Bolsover Cruise Club has taken out insolvency protection with Air Travel Organiser’s Licence issued by the Civil Aviation Authority, 45-59 Kingsway London WC2B 6TE (ATOL no. 11481) or ABTA, 30 Park Street, London SE1 9EQ (ABTA no. Y6603), where your package does not include flights. Travellers may contact this entity or, where applicable, the competent authority (Civil Aviation Authority, 45-59 Kingsway London WC2B 6TE, 0330 022 1500, [email protected].) if services are denied because of Bolsover Cruise Club’s insolvency.