HEBRIDEAN PRINCESS CONDITIONS OF BUSINESS
(Issued June 2010)
1. The contract
We (All Leisure Holidays Limited trading as Hebridean Island Cruises) offer our cruises on the basis of the following:
(a) these Conditions of Business;
(b) the Hebridean Princess 2011 brochure.
These documents set out your rights. In addition you have the benefit and protection of The Package Travel, Package Holidays and Package Tours Regulations 1992, The Unfair Terms in Consumer Contracts Regulations 1999 and clause 2 to EC Regulations 889/2002.
These regulations are detailed. Copies are available on request. The principal provisions are incorporated into these Conditions. However, if you are uncertain about your rights under these Conditions, or have special requirements, then please contact us as soon as possible and, in any event, before proceeding with your booking. In making a booking you also promise to us that you will take out holiday cancellation insurance and sufficient general holiday insurance. This is important and it is your responsibility to conform with this requirement.
Our Contract with you is made on the terms of the above documents and receipt of your properly completed booking form only as and when accepted by us by our issue to you of a letter of confirmation (‘our Contract’).
2. Our obligations and limitations of our liability
Our obligation is to provide to you the cruise package in accordance with our Contract. If we fail to do so we may be liable to refund you and/or, depending on the circumstances, offer you an alternative cruise package. However, in certain specific circumstances, under the above regulations, we are not liable for any failure to perform, or for improper performance of, our Contract. This is where, in effect, the failure or improper performance on our part (or anyone providing services for us) is attributable to: (a) you as the passenger; or
(b) a third party unconnected with our services, but only where unforeseeable or unavoidable; (c) (i) unusual and unforeseeable circumstances beyond our respective control where the consequences could not have been avoided even if all due care had been exercised; or (ii) any event which we (or such other provider of services), even with all due care, could not foresee or forestall.
Certain international conventions relating to ships and passengers will normally operate to limit our liability in the case of death of, or injury to, passengers and loss of or damage to luggage. These are referred to below. We particularly draw your attention to the ‘Athens Convention’ limitations applicable to individual passengers and their luggage, although there are presently also general ‘per ship’ limitations, which may, in exceptional circumstances, operate to reduce individual Athens Convention limitations. We accept responsibility for every service we undertake to provide even if it is provided by others but through us. However, where we contract with others they in turn may be allowed, by statute, local law or international convention, to limit their liability to us and to you.
Please note that international conventions not only limit compensation but also set time limits within which legal proceedings must be brought. In these special cases (where services are provided by others) compensation payable by us to you is limited to what we have been able to recover from the other supplier. We must, in any of these cases (except where it is your fault), do our best to give you prompt assistance.
3. Alteration/cancellation before departure by the company
If, before departure, we find we must significantly alter an essential term of the cruise package (which would include a price increase in excess of 10%) we must notify you as quickly as possible so that you can either withdraw or we can agree new terms including the price. You, for your part, must inform us as soon as possible and in any event within fourteen (14) days whether you will accept new terms for the cruise package (which we will propose if we can) or cancel and withdraw from the cruise package or accept a substitute package as described below.
We reserve the right to cancel a cruise package at any time up to thirty (30) days before the scheduled departure if bookings fail to reach or fall below 30 passengers.
If, before departure, for any reason (other than your fault) we have to cancel the cruise package, or you wish to accept a substitute cruise package where we cannot agree new terms (as above), we will offer to you:
(a) a substitute cruise package of equivalent or superior quality if it is available; or
(b) a substitute cruise package of lower quality, if available, together with a refund of the difference in price between the cruise package booked and the substitute package; or
(c) repayment to you as soon as possible of all monies paid for the cruise package.
4. Price revision/surcharges
We have no intention of adjusting the price of your booking but we are permitted and reserve the right, to adjust the price to reflect any upward or downward variation in:
(a) our transportation costs including the cost of fuel;
(b) dues, taxes or fees chargeable for landing, embarkation or disembarkation at ports and/or airports; or
(c) exchange rates where applicable. However we will not make any price adjustment within the thirty (30) day period before the departure date or in respect of the first 2% of any such increase. We will notify you as quickly as possible of any such variation.
5. Alteration/cancellation after departure by the company
Please remember that upon departure you will be on a seagoing vessel. As is always the case, the Master of the vessel has wide powers and duties regarding the safety of the passengers, the crew, the vessel and other vessels, ports of call and the environment. He may therefore change the itinerary. This entitlement to change the itinerary is separate from any changes we might wish to make in the operation and provision of the cruise packages. Such circumstances are unusual and cannot be foreseen by us even after taking all reasonable precautions. We do not accept any liability to pay compensation, or to make any refund, because of such unforeseen marine related hazards or circumstances.
If, after departure, a significant proportion of the cruise package is not provided or we become aware that it will not be provided, we shall make suitable alternative arrangements (at no cost to you) for its continuation and will, where appropriate, compensate you for any difference. If we cannot make suitable alternative arrangements we will, at our cost, arrange transportation to the departure point. In these circumstances you will not be entitled to any refund. However, you may be entitled to compensation unless the cause is outside our control as described above (see ‘Our obligations and limitations of our liability’ above). You may wish to insure against these risks.
6. Athens Convention notice injury to person or property
We are obliged under the regulations relating to the Athens Convention to give you notice that: (a) the provisions of the Athens Convention may be applicable;
(b) the Athens Convention in most cases limits the carrier’s liability for death or personal injury or loss of or damage to luggage (including a vehicle) and makes special provisions for valuables; and
(c) the Athens Convention presumes that luggage has been delivered undamaged unless written notice is given to the carrier: (i) in the case of apparent damage, before or at the time of disembarkation or redelivery; or (ii) in the case of damage which is not apparent or of loss, within fifteen (15) days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
The Athens Convention, as presently applied to carriers whose principal place of business is in the United Kingdom, normally limits our liability to a maximum of 300,000 ‘units of account’ per passenger for death or personal injury claims (in exceptional circumstances this may be significantly reduced by the international ‘per ship’ limitations) and to 833 ‘units of account’ for cabin luggage and 1,200 ‘units of account’ for other luggage. As at the date of these Conditions a ‘unit of account’ is approximately £0.97. These limits, and the value of a unit of account, may change from time to time. These limits also operate for the benefit of all personnel and other providers of services as part of the cruise package. Our insurance against such liabilities is limited to such maximum amounts and this is reflected in the cruise package price. You must be able to prove your claim. You must take out further personal insurance if you require cover exceeding these limits.
There are special conditions relating to injury, loss or damage, arising out of the use of water sports or exercise equipment and these conditions will be available for inspection on board the vessel. Bicycles are available for passengers’ use on shore at their own risk.
7. Transfer of your booking
If you are prevented from proceeding with the cruise package you may transfer your cruise booking to another person who can meet our normal conditions provided that you give us reasonable notice in good time before departure. Where a transfer is made both you and the transferee are together (jointly and severally) liable for the payment of the cruise package price (or balance) and any additional costs of the transfer, when such transfer is accepted by us by our issue to the transferee of our letter of confirmation (‘our Contract’).
8. Changing your booking
Because of the privacy, quality, and special characteristics of the vessel and our cruise packages (as may be seen from the brochure) it may be very difficult or impossible for us to change your booking either in respect of the chosen cabin, or the cruise package and date. We will do our best to help you. Accordingly, if you cannot for any reason join us on your booked cruise package we will normally have to treat this as a cancellation by you of our Contract (see‘Cancellation by passenger’ below).
9. Cancellation by passenger
If, after your cruise booking has been accepted, you decide to cancel our Contract for any reason (other than where we are responsible), you will have to compensate us. Our cruise packages are private, high quality, and of special interest. We cannot easily, and at short notice, find a substitute passenger or passengers. We recognise our responsibilities to you if we cancel or alter important terms (see above). Likewise we ask you to recognise your responsibilities to us and our other passengers. With these considerations in mind we shall make a cancellation charge (whether or not covered by your insurance) in accordance with the following table.
Number of weeks prior to departure during which we receive your written notice of cancellation |
Cancellation Charge |
More than 12 weeks |
25% |
8 to 12 weeks |
50% |
5 to 8 weeks |
75% |
5 weeks and less |
100% |
The amount of the cancellation fee is payable to us immediately upon your sending to us your written notice of your cancellation at which time you must return to us your tickets (and related travel documents) issued by us. If you do not send such written notice and make such payment and return your tickets you will continue to be liable for the whole cruise package price. It is therefore very important that you should give us the earliest possible written notice of cancellation and that you should insure against the risks of cancellation. As a term of our acceptance of your booking we require that you take out sufficient cancellation and holiday insurance as set out on page 39 of this brochure.
10. Making claims
If you have any claims you must, by law, tell us, preferably in writing and in reasonable detail, as quickly as possible. In the first instance any failure or damage should be immediately notified to the senior Purser on board the vessel. If the senior Purser is unable to deal with the problem or the damage is not apparent, you should contact us within fifteen (15) days of disembarkation at the latest, in writing or by telephone, so that we may make proper enquiries, make reparations where relevant, and resolve the matter with you. This is very important to us. You are under a strict legal obligation under the regulations to comply with this provision particularly as to damage to cabin luggage where apparent damage must be notified on disembarkation. You may well prejudice your opportunity of claiming any proper and fair compensation if you do not take these steps. We want properly to resolve such matters and there are strict time limits (normally two (2) years) within which formal legal proceedings must be brought if this is considered necessary.
11. Safety and comfort of other passengers
Given the privacy, quality and special characteristics of the vessel and service on board, and that you will be on a seagoing vessel, you should at all times consider the comfort and safety of your fellow passengers, the crew, the vessel and other vessels, ports of call and the environment. To this end, dangerous and illegal material, and dangerous or offensive conduct is prohibited on board and the Master has wide powers to refuse to accept and carry passengers and luggage and to require passengers to conduct themselves appropriately. In the event of a Master’s refusal for such reasons to accept or carry a passenger we reserve the right to treat such refusal as a cancellation by the passenger. You must comply with the orders of the Master and those acting on his authority. For the foregoing purposes and to enjoy fully our cruise package, you should be sufficiently fit and in good health. Any special health conditions or concerns should be notified to us prior to embarkation. Finally in the event that we have to compensate any passenger or other person in respect of any loss or damage which you have caused then you must fully indemnify us.
12. Law, jurisdiction, etc
Our Contract is governed by and shall be construed in accordance with English law. We both agree that any claims, disputes, or differences arising out of or connected with the booking contract shall be submitted to the exclusive jurisdiction of the English courts. However, if you are, in law, domiciled in Scotland or Northern Ireland you may bring proceedings in the courts in such country, and we may only bring proceedings against you in such courts.
13. Brochure accuracy
Every effort has been made to ensure that the particulars in the Hebridean Princess 2011 brochure are accurate at the time of going to press. Nevertheless, the right is reserved to make changes in such particulars at any time before a contract comes into existence.
14. Data protection
All Leisure Holidays Limited trading as Hebridean Island Cruises operate within the data protection guidelines. The personal information you provide to us will not be shared with any other company or entity and will not be made available by our company for any purpose.
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