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).
1.1 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 6 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.
8.1 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.
9.1 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.
13.1 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.
14.1 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.
17.1 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.
Issued October 2018 Version 23