1.1 The contract is between All Leisure Holidays Limited trading as “Voyages of Discovery”  (‘The Company’) and each person booking with the Company (including the parents or guardian of any person under 18 years of age) (“the Passengers”). Please note that information contained in the section headed “General Information” in our brochure or in these or any other comparable sections, and any other relevant information on our website also form part of your contract with
the Company. 

     1.2 The Lead Passenger warrants as a fundamental term of the contract that he/she has read these terms and conditions and has the authority to and agrees to be bound by them. Furthermore that he/she is authorised by each passenger named on the confirmation invoice (and, where such passenger is under 18, by his or her parents or guardian) to enter into a contract with the Company on their behalf.

     1.3 No contract exists until the Company, or its appointed International Representative has received a signed booking form, the full deposit (or, where appropriate, the full price) has been paid and a confirmation invoice has been issued.  Please note that a contract will exist even if the Company is unable to confirm all holiday details (e.g. flights) at the time of booking. A confirmation invoice will be sent to the Lead Passenger.  

     1.4 It is expressly agreed that all Passengers and their luggage are carried subject to the Conditions of Carriage of the airlines and shipping company used, some of which limit or exclude liability. Copies of these conditions are available on request. Any compensation payable for non-performance or improper performance of land, sea and air carriage services shall be limited in accordance with the international conventions which govern such services.  

     1.5 The contract and all other proceedings arising out of or in connection with it shall be governed by English law and the jurisdiction of the English courts. Passengers may, however, choose the law and jurisdiction of Scotland or Northern Ireland if they so wish. If and in so far as a claim against the Company is governed by the Athens Convention it may be brought in any Court specified in Article 17 thereof.

2  THE BOOKING PROCESS

     2.1 A deposit of $1,000 per passenger or 10% of the total fare due, whichever is highest (or full payment for bookings taken within 105 days of departure) is due within 5 days of your booking being held. A higher deposit amount may be payable if any supplier(s) require additional payments for a service prior to the balance due date. Payment of a deposit means acceptance of these Fair Trading Conditions.

     2.2 If the deposit and/or balance are not paid on time, the Company reserves the right to cancel the contract and apply any cancellation charges set out in section 8.

     2.3 Passengers with physical or mental disabilities or other conditions which may require special treatment or assistance (including Passengers who may require the use of a wheelchair) must advise the Company at the point of enquiry. They will then be required to complete a questionnaire and upon receipt of which they may be asked to accept additional Fair Trading Conditions before a confirmation invoice is issued and a contract entered into.

     2.4 The Company reserves the right to ask any Passenger to provide medical evidence of fitness to travel at the time of booking or at any point up to the beginning of the cruise, this includes from your normal place of residence.

     2.5 The Company may (at its discretion) offer Passengers at the time of booking a guaranteed cabin booking (a “Guarantee Cabin”). Under such offers a Passenger is guaranteed to receive a cabin of a specified type although the precise location of the cabin is at the Company’s discretion. The Company may (at its discretion) upgrade a Guarantee Cabin to a higher category cabin at no additional cost to the Passenger. The Company may allocate specific cabins under guarantee offers at any time up until the Passenger arrives on the vessel at the port of embarkation. Once Guarantee Cabins have been allocated, the Company is unable to accept Passenger change requests. If Passengers book two or more back-to-back cruises and one or more cruise includes Guarantee Cabins, it is possible that Passengers may be allocated different cabins on each cruise and may need to move between cabins on changeover day(s).

3  PRICES AND SURCHARGES

     3.1 The Company reserves the right to alter the published prices of any of the holidays. Passengers will be advised of the current price of the holiday that they wish to book before any contract is confirmed.

     3.2 Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of travel arrangements may change after you have booked, however there will be no change within 30 days of your sailing date.

     3.3 All outstanding balances on on-board accounts must be settled in full before the Passenger finishes the cruise. If any Passenger fails to settle their on-board account then the Company shall be entitled to take whatever steps may be necessary to recover the monies due and shall be entitled to pass on any costs incurred in doing so.

4  SHORE EXCURSIONS, HOTELS AND LAND TOURS

     4.1 The Passenger accepts that the Company, acting as agent, arranges hotels, shore excursion and shuttle services (which may involve additional costs for Passengers) with local operators who may themselves engage the services of third party suppliers. The Company will at all times endeavour to appoint reputable and competent operators who comply with all prevailing local rules, regulations and standards, although Passengers accept that standards of hygiene, accommodation and transport might differ from comparable standards from their country of residence.

     4.2 Local laws and regulations of the relevant country will be applied to assess the performance of suppliers in the event of a Passenger complaint. The supplier will not be deemed to have been at fault if local laws and regulations have been satisfied even if the laws of the country of booking have not been met.

     4.3 Passengers should be aware that they may also be subject to terms and conditions imposed by local excursion operators.

     4.4 In the event of an excursion being cancelled by the Company, it will take all reasonable steps to ensure that Passengers are offered a choice of an alternative excursion and/or a full refund.

     4.5 Passengers cancelling excursions prior to departure will be subject to the cancellations terms contained in clause 8.1. Passengers cancelling excursions after departure will not be entitled to a refund, however if the cancellation is due to ill health a supporting letter should be obtained from the ship’s Doctor (charges apply) which may enable Passengers to make a claim on their Travel Insurance Policy. Any Passenger that fails to attend an excursion for whatever reason will be deemed to have cancelled.

     4.6 Passengers wishing to change excursion details following departure will be allowed to do so on presentation of the appropriate ticket(s) at the shore excursion desk during the advertised opening hours and at least 72 hours prior to the ship’s arrival in the excursion port. Any amended booking will be treated as a new booking and the price charged (if applicable) will be set at the prevailing on-board price which may be higher than the original brochure price for the same excursion. New booking balances due will be credited with any payment from the original booking, less an administration charge and can be used against new excursion bookings only. Any discounts applied to the original excursion booking will only be transferred to the new excursion booking at the Company’s discretion. If the cost of the new excursion booking is less than the original excursion booking then no refund of the surplus balance will be made.

     4.7 Any changes to excursion arrangements requested by Passengers less than 72 hours prior to the ship’s arrival in the excursion port will only be allowed subject to availability and the terms and conditions of the excursion operator. All other conditions are as (4.6) above.

     4.8 Passengers participating in shore excursions included in the original cruise package are subject to clauses 4.1, 4.2, 4.3 and 4.4 only. 

     4.9 The land packages contained in this brochure can only be purchased in conjunction with the cruises shown in this brochure. To book we require the request in writing along with an additional 10% deposit. The company reserves the right to assign your hotel base on pre-reserved space at hotels contracted details will be advised with your final travel documents. In most cases, rooms are not available until 3.00pm on day of arrival.

     4.10 Certain land packages and excursions will not operate without minimum numbers, and others may have a maximum capacity.

     4.11 The sequence of escorted land tours may vary from the brochure. If, for any reason,  hotel, sightseeing or entertainment feature is cancelled or otherwise unavailable, the company reserves the right to cancel, make substitutions or omissions and is under no obligation except that in the event of cancellation you will receive a full refund of any payments received for that service. Please note that the terms for cancellation by the passenger of any pre-booked land stays and excursions are as per our general cancellation terms as detailed in clause 8.

5  INSURANCE

5.1 All cruise passengers must have a fully comprehensive travel insurance valid from the date of deposit being made. We suggest you discuss with your travel agent the various insurance policies that are available. Policies can be purchased that provide protection in the event of a trip cancellation, interruption, personal illness, injury, medical fees or damage to property. Verification of your travel insurance policy may be required by Voyages of Discovery or its agents.

    5.3 The Company is not responsible for checking that Passengers have the correct level of insurance and will not be liable for any costs, howsoever arising, in excess of any travel insurance cover purchased.

6  PASSPORTS & VISAS

     6.1 It is the responsibility of all Passengers to check and fulfil the passport, visa, and immigration requirements applicable to their itinerary. The Company can only provide general information and Passengers must check requirements for their own specific circumstances with the relevant Embassies and/or Consulates as applicable.

     6.2 Passengers must understand that passport, visa and immigration requirements do change and are responsible for checking the up to date position in good time before departure.

     6.3 The Company requires a full 5 year Australia/New Zealand passport valid for at least six months after the date of return for all   AU/NZ citizens. Passengers who are not Australia or New Zealand citizens or who hold a non Australia or New Zealand passport, must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which they  intend to travel.

     6.4 All Passengers must ensure that they have the correct travel documents in their possession before departure. Passengers may incur fines if they fail to comply with documentation or visa requirements. The Company will re-charge to the Passenger any such fines that have been paid by the Company on the Passenger’s behalf.

     6.5 The Company does not accept any responsibility for Passengers who are denied disembarkation or are unable to travel, or who incur any other loss because they fail to comply with any passport, visa, or immigration requirements. Cancellation of any part of the holiday that arises due to problems with visa/passport, or immigration requirements will be subject to cancellation charges set out in section 8.

     6.6 We recommend that you take photocopies of the personal details page of your passport with you (i.e. the page with your photograph) as this is sometimes  required by local immigration authorities.

     6.7 Where individual visa charges are payable locally these must be paid by the passenger. Information will be provided with your pre-cruise information. To avoid queues at the airport, if our local agents are able to obtain these on your behalf in advance, they will do so and the cost will be added to your onboard account.

7  CHANGES TO BOOKING DETAILS BY PASSENGERS

     7.1 The Company will do its utmost to ensure that amendments requested by Passengers are accommodated, but the Company makes no guarantee that these requests will be met. Any change request must be made in writing by the Lead Passenger and the Company reserves the right to pass on the costs of making any such changes. Passengers must be aware that charges associated with amendments are likely to increase nearer to the date of departure.

     7.2 Additional passengers or cruises may be added to a booking at any time subject to availability. In each case a deposit (or full payment, as relevant) per additional Passenger will be required by the Company and all other booking conditions must be met before the new contract exists.

     7.3 Requests for significant amendments to booking details (e.g. change of ship or sail date) received before the balance due date will be treated as a new booking. At the Company’s sole discretion, the original booking will either be deemed cancelled (and be subject to the cancellation charges set out in section 8), or will be deemed amended (and be subject to an amendment fee). Any deposit paid, discount applied or promotion applicable to a booking that is cancelled or amended will only be transferred to a new booking at the Company’s discretion.

     7.4 For minor amendments to booking details received before the balance due date (e.g. changes to passenger details) an administration charge per Passenger affected will be charged. If name changes are required to scheduled flight details, the charge may be significantly higher and will be quoted on request.   

      7.5 After an amendment is applied a new confirmation invoice will be issued at which point the contract will be deemed to be amended accordingly.

8  CANCELLATION BY A PASSENGER

     8.1 A Passenger may cancel a booking at any time. Cancellation will take effect when the Company or appointed International Representative has received written notice of cancellation signed by the Lead Passenger. Cancellation charges payable to the Company are:

 Period before departure within which the Company receives notice                   Cancellation charge per passenger

EUROPE 2011               

After payment of deposit                                Loss of deposit 

98 to 46 days before departure                      60% of invoiced charge 

45 to 29 days before departure                      90% of invoiced charge 

28 days before departure to departure date    100% of invoiced charge            

     8.2 A Passenger will not have a right to exclusive occupancy of a cabin with two or more berths unless the single occupancy premium has been paid. In the event of a Passenger becoming a single occupant of such a cabin due to a cancellation, he/she will become liable to pay the single occupancy premium. Passengers are advised that certain reasons for cancellation are covered by their travel insurance.

9   CANCELLATION OR ALTERATION BY THE COMPANY

     9.1 The Company reserves the right at its sole and absolute discretion at any time to cancel, postpone or alter without prior notice or consultation any cruise in whole or in part in order to safeguard its Passengers, its crew, its employees or the vessel in the event of war or threat of war, political unrest, terrorist activity or threat of terrorist activity, nuclear disaster, riots, civil strife, adverse weather conditions or other similar events (“Force Majeure”) or for any other valid reason. If the majority of ports that the Company aims to visit during any one cruise have to be changed on Foreign Office advice before the cruise commences, the Company undertakes to offer Passengers an alternative cruise or refund of the cost of their cruise in full, less any insurance premiums paid.

     9.2 If under clause 9.1 the Company cancels a cruise before the scheduled departure date it will offer, when possible, a subsequent alternative departure of similar standard (which must be accepted in writing within 14 days of the offer being made).

     9.3 If under clause 9.1 the Company alters the planned itinerary only, refunds will be limited to any balances outstanding on shore excursions.

     9.4 In any of the circumstances mentioned above the Company shall not be liable to pay any compensation, nor shall Passengers have any further claim against the Company.

     9.5 The Company and the Master of the ship are unable to guarantee that the ship will call at every advertised port or follow every part of the advertised route. They will at all times endeavour to maintain the advertised programme but reserve the right at their sole discretion to make any alternations they deem necessary.

     9.6 The company also reserves the right to cancel any cruise by giving written notice at least eight weeks before departure if sales of that departure have not reached 70% of capacity. Under such circumstances clause 9.2 will apply and the Company shall not be liable to pay compensation, nor shall Passengers have any further claim against the Company.

     9.7 The Company reserves the right at its sole and absolute discretion to use a substitute ship of similar standard to the original ship should it prove necessary to do so.

     9.8 In addition to the rights of the Company, Aircraft and Ship’s Captains always have the right at their absolute discretion to vary any planned routing without prior notice or consultation if they deem it necessary to do so in the interests of safety.

     9.9 If for any reason details of a cruise have to be altered before departure (and subject to Clause 9.1) the Company will notify the Lead Passenger as soon as possible.

     9.10 The Company will not be held responsible for, nor have liability in respect of, delays caused by third parties during passage through sea areas controlled by vessel traffic schemes, canals, rivers or any other navigable waterways.

10 MEDICAL AND OTHER CONDUCT

     10.1 The Company reserves the right at any time to require any Passenger to produce medical evidence of fitness to travel including the submission of any required medical certificates.

     10.2 Any Passenger boarding a ship at initial embarkation who has not filled in the required pre-boarding health declaration must inform the Company of any sickness and/or diahorrea experienced less than 72 hours prior to embarkation. In the interest of Passenger’s safety the Company reserves the right at its discretion, to refuse boarding. In such circumstances the Company shall not be liable to pay any compensation, nor shall Passengers have any further claim against the Company.

     10.3 Passengers affected by a disability or medical condition must be self-sufficient or travel with someone who can provide the necessary assistance at all times. At the point of embarkation, the Company reserves the right to refuse passage to any Passenger who had failed to notify the Company at the time of booking of any disabilities or the need for assistance or who, in the opinion of the Company is unfit to travel or who may constitute a danger to themselves or others whilst on board. Under those circumstances Passengers will receive no refund of the cost of any part of the unused cruise package.

     10.4 The Company will endeavour to carry Passengers of limited mobility if it has been notified of such limitations in writing at the time of booking (and has been informed of any deterioration in condition or new conditions between booking and travelling) and after any additional Fair Trading Conditions have been agreed by the Passenger and the Company in writing prior to departure. Passengers who use wheelchairs must be able to board the ship on foot, provide their own standard size collapsible wheelchairs and be accompanied by a travelling companion fit and able to assist them at all times.

     10.5 Whilst the Company makes every effort to accommodate all Passengers’ needs, Passengers using wheelchairs may have restricted access in certain areas of the ship and may be unable to go ashore in certain ports, particularly those that require the use of tenders.

     10.6 The Company does not accept any responsibility for Passengers unable to travel, or who incur any other loss because they fail to comply with any health formalities. The Company takes no responsibility for Passengers denied embarkation and/or disembarkation on medical grounds. Cancellation of any part of the holiday that arises due to health requirements will be subject to cancellation charges as set out in section 8.

     10.7 Any cost or expense reasonably incurred by the Company for or on behalf of the Passenger in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation or any other expense shall be repayable by the Passenger to the Company irrespective of whether the sum is covered by the Passenger’s travel insurance arrangements.

     10.9 Unless approved by the Company in writing prior to departure, Passengers may not bring on board any controlled substances.

     10.10 Passengers may not bring on board any prohibited substances, any animals or any goods of a flammable or dangerous nature. Doing so will render the passenger strictly liable to the Company for any injury, loss, damage or expense suffered by the Company as a result. The Passenger will also be personally liable for any statutory penalties.

     10.11 Passengers are required at all times to follow the instructions of employees and crew regarding the use of ship’s equipment (including hand sanitizers) and general behaviour whilst on board and the Company will not be responsible for any consequential injury, illness, financial or other loss incurred by Passengers if they fail to comply with the instructions they are given.

     10.12 The Master (or any employee or member of the crew authorized by the Master) will be entitled to search the cabin and/or personal luggage of any Passenger suspected of being in breach of these clauses. In addition, any employee or crew member will be entitled to enter a Passenger’s cabin in order to carry out an inspection, or to undertake cleaning, maintenance or repair work.

     10.13 The Company has the right to refuse or revoke passage to anyone who, in its judgment, is in a physical or mental condition unfit for travel, or who may require care beyond that which the vessel can provide and under such circumstances the Company will offer the Passenger no refund of any part of the cost of their unused cruise package.

     10.14 If it appears that a Passenger’s conduct, behaviour or health is likely to endanger the Passenger’s own health or safety or that of any other Passenger or crew or employee, or make the Company liable for the costs of any medical treatment or repatriation, the Company and/or the Master reserve the right to take appropriate action.  This may include disembarkation, confinement to a particular cabin, and through the ship’s doctor, the administration of any drugs or medicines and/or confinement to a hospital or similar institution at any port. This may also include refusing to allow the passenger to commence their cruise holiday package or cruise from their normal place of residence should the Company become aware of any concerns prior to boarding the ship.  If, under such circumstances, the Passenger’s cruise is terminated the Company will offer the Passenger no refund of any part of the cost of their unused cruise package.

     10.15 The Company may invite various affinity groups of people with shared interests who choose to travel together onto a cruise. The Company does not envisage that this will materially affect the normal day to day operation of the ship but Passengers must accept that there may be occasions when certain facilities are unavailable whilst these groups are on board.

     10.16 Should any Passenger have the misfortune to suffer illness, injury or death during the period of the cruise arising out of an activity that does not form part of the arrangement made by the Company, the Company will, where appropriate, provide any assistance it can to the affected Passenger, such assistance being limited to a maximum cost incurred by the Company of £5,000 per cabin.

11 COMPLAINTS

     11.1 Any Passenger who encounters a problem during a cruise must immediately report it to the Hotel Manager or a senior member of the crew on the ship and ensure that the issue is recorded in the ship’s log together with any action taken to resolve it. If the matter cannot be resolved during the cruise, and the Passenger wishes to pursue a complaint, the Passenger must write to the Company within 28 days of final disembarkation.

12  CONDITIONS OF CARRIAGE BY SEA

     12.1 Travel on board the ship is subject to the shipping company’s Conditions of Carriage some of which limit or exclude liability in accordance with international conventions. Copies of these conditions will be sent to Passengers with their travel documentation but they can be provided in advance upon request. They are also available on board the ship.

     12.2 If for any reason despite the above paragraph the Company would be otherwise liable in connection with carriage by sea the provisions of the Athens Convention relating to the carriage of Passengers and their luggage by sea 1974 (“the Athens Convention”) and any modification thereof which may be in force at the time, may be applicable to the contract.  The Company draws each Passenger’s attention to the fact that the Athens Convention in most cases limits the carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. The Athens Convention presumes that luggage has been delivered undamaged unless written notice is given to the carrier before or at the time of disembarkation or re-delivery or from the time when such re-delivery should have taken place. If and in so far as the Athens Convention is applicable to the contract, the Company shall be entitled to the benefit of all limitations, rights and immunities conferred by the Athens Convention. Without prejudice to the generality of the foregoing provisions of this condition any damages payable by the Company up to the Athens Convention Limits shall be reduced in proportion to any contributory negligence by the Passenger and by the maximum deductible specified in Article 8 (4) of the Athens Convention.

     12.3 Insofar as a cruise may be performed on a ship not owned by the Company, Passengers agree that the Company shall at all times nevertheless be deemed a ship owner for the purposes of any relevant laws in force in any relevant jurisdiction and therefore be entitled to any limit to its liability.

13 CONDITIONS OF CARRIAGE BY AIR

     13.1 Travel on board aircraft used in travelling to and from the ship is subject to the airline’s standard ticket conditions, some of which limit or exclude liability in accordance with international conventions. These conditions can be found on the airline’s website or can be provided by the Company upon request.

14 GUEST SPEAKERS

     14.1 Independent contractors retained by the Company, including but not limited to lecturers, guest personalities, cruise hosts and entertainers are subject to change and/or cancellation without notice. The Company also retains the right to change any member of ships crew previously advertised or disclosed (e.g. the ship’s Master) without notice.