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Terms of Business, Booking Terms and Your rights under the Package Travel and Linked Travel Arrangements Regulations 2018

If you are booking or have booked a cruise or fly/cruise with us, our Terms of Business (when we act as an agent) set out our responsibilities and the responsibilities of the principal supplier, usually a cruise line, airline or tour operator. 

If you have booked or are booking a Cruise and Stay holiday with us, our Booking Terms (when we act as a Principle) set out our responsibility for you and your Cruise and Stay holiday.  When you book with us, you will be informed whether you are booking a Cruise and Stay holiday (sometimes known as a package or a cruise holiday).  If you’ve booked a Cruise and Stay holiday, you will benefit from a series of key rights under the Package Travel and Linked Travel Arrangements Regulations 2018.

Terms of Business
Booking Conditions
Package Travel Regulations
 


Bolsover Cruise Club Terms of Business - when we act as an agent

These are the Terms of Business on which we will make a booking for your travel arrangements. When making your booking we will arrange for you to enter into a contract with the principal/supplier (tour operator/airline/cruise operator/other supplier) named on your payment transaction statement.

If your booking is made up of more than one separate service then you will have a separate contract with each of the different principals.

In these Terms of Business '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, Notts, NG20 0JR. 'You' and 'Your' means each and every person named on the booking.

'Principal/Supplier' means anybody other than Us that is responsible for providing services to You, for example, an ATOL Operator, tour operator, cruise holiday company, insurance company, car hire company, flight or hotel wholesaler. '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).

1. Booking

1.1
We act as an agent for Principals/Suppliers. This means that We obtain bookings for and on behalf of Principals/Suppliers. All bookings are subject to the relevant Principal's/Supplier's Terms and Conditions. Details of the Principal's/Supplier's Terms and Conditions are provided in their current published brochure or can be found on their website.

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, these Terms of Business.

1.3 Usually a binding contract will be formed between You and the relevant Principals/Suppliers on either the payment of the required deposit, or full payment in the case of late bookings. It is Your responsibility to read and understand the Principal's/Supplier's Terms and Conditions and ask for further clarification at the time of booking if necessary.

1.4 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 Principals/Suppliers. 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 Principal's/Supplier's Terms and Conditions. Please ensure that the names given are the same as in the relevant passport.

1.5 If for any reason the Principal’s/Supplier’s Terms and Conditions are deemed not to apply, then these Terms of Business shall apply in their place.

2. Price and Payment

2.1
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. Where You only pay a deposit You must pay the full balance by the balance due date notified to You on Our booking summary. If full payment is not received by the balance due date, We will notify the Principal/Supplier who may cancel Your booking and charge the cancellation fees set out in their Terms and Conditions. Please note that some deposits are non refundable. This is dependant on the Terms and Conditions of the Principal/Supplier.

2.2 Please note that Our discounts, if applicable, apply to the basic cruise package 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 Principal/Supplier 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.

2.3 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. We reserve the right to cancel Your holiday if payment is declined or if You have supplied incorrect credit card information. We also 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.

2.4 To enable Us to forward the appropriate funds onto the Principals/Suppliers to ensure that it reaches them before or by their balance due date ('the Principal/Supplier 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 Principal/Supplier balance due date.

2.5 Passenger Relations Discount (PRD) or Future Cruise Credit (FCC) Any PRD or FCC received by You from Principals/Suppliers can be used when booking to reduce the Principal's/Supplier'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 Principal's/Supplier's price.

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. Financial Protection

4.1
You will be advised of the financial protection that applies to Your travel arrangements at the time of booking. Please also check the Principal’s/Supplier’s Terms and Conditions for details of the financial protection provided.

5. If You Change or Cancel Your Booking

5.1
Amendment to or cancellation of Your booking may result in additional charges in accordance with the Principal's/Supplier's Terms and Conditions (which may be up to 100% of the cost of the travel arrangements).

5.2 If We have applied a discount to the basic cruise package 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 Principal's/Supplier's full package price. We strongly advise that You ask Us how much these charges will be before You make any amendments or cancel Your booking.

5.3 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 Principal/Supplier.

6. If the Principal/Supplier Changes or Cancels Your Booking

6.1
We will inform the ‘lead name’ of any changes or cancellations as soon as reasonably possible. If the Principal/Supplier offers alternative arrangements or a refund, You will need to inform Us of Your choice within the time frame stipulated by the Principal/Supplier. If You fail to do so the Principal/Supplier 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 Principal/Supplier under Your contract with them.

7. Delivery of Documents

7.1
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. Liability

8.1
We are responsible for arranging the contract only and not for the performance of it. We will only be liable to You for Our own negligence and/or breach of Our obligations under these Terms of Business, which consist of using Our reasonable skill and care in selecting Principals/Suppliers and making Your booking. We are not liable for the acts and omissions of Principals/Suppliers, and You should seek redress under the Principal’s/Supplier’s Terms and Conditions if You consider that You have a claim against them.

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

8.3 Your act(s) and/or omission(s) or the act(s) and/or omission of any member(s) of Your party;

8.4 the act(s) and/or omission(s) of a third party not connected with the provision of Your arrangements and which were not reasonably foreseeable by Us or the Principals/Suppliers; or

8.5 ‘force majeure’. ‘Force majeure’ means unusual or unforeseeable circumstances beyond the control of Us and the Principals/Suppliers and the consequences of which neither We nor the Principals/Suppliers, even with all due care, could foresee or forestall. It includes (but is not limited to) riot, civil unrest, war, terrorist activity and the threat of any of the foregoing, industrial dispute, decisions by government or governing authority, natural or man made disaster, fire, adverse weather conditions, technical or maintenance problems with transport, changes of schedule or operational decisions of air carriers and all similar events outside Our or the Principal’s/Suppliers’ control. It also includes any other event or circumstance which the Foreign and Commonwealth Office considers hazardous or threatening to tourists and as a result of which it is advising against non-essential travel to the country (or the relevant part of the country) concerned.

8.6 The maximum amount We will pay You where We are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £50 per person affected unless a lower limitation applies to Your claim under this clause.

8.7 For all other claims which do not involve death or personal injury, the maximum amount We will pay You if We are found liable to You on any basis is three times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to Your claim. This maximum amount will only be payable where everything has gone wrong and You have not received any benefit at all from Your holiday.

8.8 Liability for death, personal injury or any other loss suffered in the course of any of the services provided under these Terms of Business is limited in accordance with the provisions of all relevant international conventions relating to the provision of such services as if We were a supplier of the service in question for the purposes of the relevant convention (to include the Athens Convention concerning carriage by sea; the Warsaw and Montreal Conventions concerning carriage by air; and the Berne Convention concerning carriage by rail and any other relevant convention prevailing at the time).

8.9 Our liability is also conditional on assigning to Us any rights You may have against the person whose act or omission gave rise to the liability and agree to cooperate fully with Us if We want to enforce any rights which are transferred.

9. Insurance

9.1
All Principals/Suppliers 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.

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.

10. Passports, Visas and Health

10.1
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 Principals/Suppliers 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.

10.2 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.

10.3 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.

10.4 You must inform Us prior to booking of any medical conditions or disabilities that could affect Your ability to complete Your travel arrangements.

11. Onboard Gratuities/Services Charges

11.1
Principals/Suppliers operate varying policies regarding onboard tipping. Many will automatically add a daily charge to Your onboard account. This charge will either be discretionary or mandatory; if discretionary the charge may be removed upon request. Some Principals/Suppliers also allow this daily charge to be pre-paid at the time of booking and this can be cheaper than paying onboard.

11.2 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.

11.3 As per the Principal’s/Supplier’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 and Data Protection

12.1
We are committed to keeping Your information and account details private. When You make a booking You consent to Your information being passed on to the Principals/Suppliers and to other credit checking companies or as required by law. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that You give to Us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.

12.2 If You are travelling to the United States, the US Customs and Border Protection will receive this information for the purpose of preventing and combating terrorism and other transnational serious crimes. If You travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country.

12.3 If We cannot pass this information to the relevant Principals/Suppliers, whether in the EEA or not, We will be unable to provide Your booking. In making this booking, You consent to this information being passed on to the relevant person.

12.4 In addition, where You have expressly consented to Us doing so We will add Your details to Our customer database, free of charge for Our own marketing purposes. You will therefore receive statements and information relating to Our services and any offers that We believe may be of interest to You. You can choose to no longer receive these by contacting Us.

12.5 : All personal data we process is processed in accordance with the General Data Protection Regulation, 2016, the Data Protection Act, 2018 and other data protection legislation in force in the United Kingdom from time-to-time, but should you wish more information on what information we handle, the legal basis of us handling such information, what we do with your information, whom we share it with, how long we retain it and so on as well as your rights in relation thereto, please view our Privacy Statement.

13. ABTA

13.1
We are members of ABTA (no. 15805 & P6681). This means We abide by ABTA's Code of Conduct which obliges Us to maintain a high standard of service to You.

13.2 We can offer an arbitration scheme for the resolution of disputes arising out of, or in connection with these 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.

13.3 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.

14. Complaints

14.1
Because the contract(s) for Your travel arrangements is between You and the Principals/Suppliers, 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 Principal/Supplier 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.

14.2 If You wish to complain when You return home, write to the Principal/Supplier. 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.

14.3 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

15.1
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

16.1
These Terms of Business and all matters arising from it are governed by English law and subject to the exclusive jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if You wish to do so.

17. Severability

17.1
The invalidity, illegality or unenforceability of any of these Terms of Business shall not affect the continuation in force of the remainder of these Terms.

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Cruise and Stay Holiday Booking Terms - when we act as a Principle

In these 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. Booking

1.1 All bookings are subject to these 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 issued Your confirmation. It is Your responsibility to read and understand these Booking Terms and ask for further clarification at the time of booking if necessary.

1.4 Please be advised however, that the terms and conditions/booking conditions of suppliers We use in a package We book for You may be binding on You too and applicable to Your booking. Accordingly, please be aware that the terms and conditions/booking conditions of any Supplier who is providing any portion of Your travel arrangements will be made available on Your request.

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. 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

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.

4.2 Subject to what is provided in the previous paragraph, written notification of any change(s) or cancellation from the lead name must be received at Our offices. 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 (see also the exception below):

Period before departure in which you cancel Cancellation charge
More than 110 days Deposit only
More than 75 days 50 % of holiday cost
More than 40 days 75 % of holiday cost
More than 28 days 90 % of holiday cost
Less than 18 days 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 Office.

4.4 Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

4.5 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.

4.6 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 10 days before departure. Both You and the new traveller are responsible for paying all costs We incur in making the transfer.

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 except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above).

Period before departure in which We notify You Amount You will receive from us
More than 56 days Nil
More than 29 days £10
More than 14 days £15
Less than 14 days £20

This does not exclude You from claiming more if You are entitled to do so.

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.
  • Once You have been informed of a significant change please respond promptly or Your booking may be cancelled, and You will receive a full refund.
  • 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 ensure that You are notified about it. Examples of insignificant changes include alteration of Your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers.

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 and respond promptly as if You do not respond to Us within the timescale given Your booking may be cancelled.
  • 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
More than 56 days Nil
More than 29 days £10
More than 14 days £15
Less than 14 days £20


7. Our Liability to You

7.1 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).

7.2 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. 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.

7.3 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 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.  

7.4 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.

7.5 NB this entire clause 7 does not apply to any separate contracts that You may enter into for excursions or activities whilst on holiday.

8. Insurance

8.1 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 Booking Terms entitling Us to cancel Your travel arrangements.

8.2 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.

9. Financial Protection

9.1 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 claims@caa.co.uk. 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.

9.2 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).

9.3 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. ABTA

10.1 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

10.2 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.

10.3 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.

11. Complaints

11.1 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 customer.service@bolsovercruiseclub.co.uk within 28 days to afford Us an opportunity to investigate the matter with our supplier/s.

11.2 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 10 above - ABTA.

12. Privacy & Data Protection

12.1 We are committed to keeping Your information and account details private. When You make a booking You consent to Your information being passed on to our sub-contractors, and suppliers and to other credit checking companies or as required by law. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that You give to Us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.

12.2 If You are travelling to the United States, the Us Customs and Border Protection will receive this information for the purpose of preventing and combating terrorism and other transnational serious crimes. If You travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country.

12.3 If We cannot pass this information to the relevant sub-contractors, and suppliers, whether in the EEA or not, We will be unable to provide Your booking. In making this booking, You consent to this information being passed on to the relevant persons.

12.4 In addition, where You have expressly consented to Us doing so We will add Your details to Our customer database, free of charge for Our own marketing purposes. You will therefore receive statements and information relating to Our services and any offers that We believe may be of interest to You. You can choose to no longer receive these by contacting Us.

12.5 All personal data We process is processed in accordance with the General Data Protection Regulation, 2016, the Data Protection Act, 2018 and other data protection legislation in force in the United Kingdom from time-to-time, but should You wish more information on what information We handle, the legal basis for Us handling such information, what We do with Your information, whom We share it with, how long We retain it and so on as well as Your rights in relation thereto, please view our Privacy Statement.

13. Passports, Visas and Health

13.1 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 Principals/Suppliers 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 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.

13.2 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.

13.3 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. 

13.4 You must inform Us prior to booking of any medical conditions or disabilities that could affect Your ability to complete Your travel arrangements.

14. Additional Assistance

14.1 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

15. Excursions

15.1 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.

16. The Package Travel and Linked Package Travel Arrangements Regulations 2018 (PTLTA Regs)

16.1 A package holiday is generally a combination of two or more different types of travel services which are combined for the purpose of the same trip.

16.2 A linked travel arrangement (LTA) are travel combinations that have looser commercial connections than that of a package holiday. This type of arrangement, where a trader has facilitated the combination of travel services, but where the ties between the businesses concerned do not comply with the requirements of a package holiday that is sold or offered for sale. By virtue of the PTLTA Regs certain limited protection is now provided for LTA’s.

16.3 Your sales representative will inform you at the time of booking whether you are booking a package holiday or an LTA, please speak to a member of Our staff if You wish to have more information. The PTLTA Regs are available on www.legislation.gov.uk.

17. Severability

17.1 Any clause or provision in these booking terms that is found to be invalid or unenforceable in whole or in part for any reason shall not affect the continuation in force of the remaining clauses and provisions and shall whenever allowed by the context be deemed to be replaced by such valid and enforceable clause or provision whose contents are as close as permissible to those of the invalid or unenforceable clause/s or provision/s.

18. Law and Jurisdiction

18.1 This booking is governed by English Law, and You submit to the jurisdiction of the English Courts.  You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.

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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, infoservices@caa.co.uk.) if services are denied because of Bolsover Cruise Club’s insolvency.

 

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Issued May 2019.


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