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.
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).
Issued February 2021 Version 30
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.
1.1 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, 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
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|
|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 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.
Covid-19: Limitation of liability We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday.
Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
• If you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time. If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:
• Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by other suppliers);
• If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to the requirements of clause 4.6;
• Cancelling your holiday, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.
If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or
other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.
You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.
You also acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.
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 [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.
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.
9.4 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.
9.5 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.
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.
11.1 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.
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.
15.1 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. You can also follow this link for guidance on what is provided should You book a package holiday with Bolsover Cruise Club www.bolsovercruiseclub.com/tob
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.
Version 31: Jun 2021
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;