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Terms & Conditions - Cruising

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Terms & Conditions for Air Holidays

 

 

Terms & Conditions for Cruises

 

We accept your booking on the basis of the Terms and Conditions below, which are designed to clarify the contractual obligations between us. Please spend some time reading them carefully, and please feel free to contact us should anything be unclear.

 

Your contract with us - Ocean Cruises

 

Your Booking

Your booking, once accepted and confirmed in writing to you, represents a contract between all persons named on the Booking Form, and/or on the Personal Details booking page, and/or on the Confirmation of Reservation, and Newmarket Holidays Ltd (The Company). When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions and that you are over the age of 18 and resident in the United Kingdom. Where placing an order for services with age restrictions, the person making the booking declares that he/she and all members of the party are of the appropriate age to receive those services. The contract is based on the information given on www.newmarketholidays.co.uk and the terms laid out in the following Booking Conditions. This agreement is governed by English Law and jurisdiction is conferred on the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). We do not accept bookings from any unaccompanied passengers under the age of 18.

Passengers travelling with children under the age of 18 who are not their parent(s) or guardian(s), will be required to present, at check-in, a letter from the child’s parent(s) or guardian(s) confirming authorisation to take them on the holiday and to act with full parental authority in the case of an emergency. This applies regardless of whether the cruise will leave the child’s home country or not. In the event that a child under the age of 18 has a different surname to their parent(s) or guardian(s), proof of parentage e.g. a birth/divorce certificate must be provided at check-in. Failure to do so may result in denied boarding with no further liability to us.

Your Payment

Your Confirmation of Reservation includes an invoice showing the deposit paid and the final balance due. The outstanding amount must be paid by the due date. Should we not receive payment by this date we shall cancel your travel arrangements, in which case you could be liable to pay cancellation charges according to the scale set out in 'Your Cancellations' below. Sometimes, booking a discounted fare mean that full payment is required at the time of booking and these fares may be non refundable.

NB 1: The person making the booking with us does so in accordance with these Terms and Conditions and with the understanding that the information they provide is a requirement of the contract between us. He/she becomes directly responsible to the Company for the payment of the total holiday price and if applicable, and where appropriate, for the cancellation charges and disbursements of any funds. The person making the booking does so on behalf of all persons named on it, and is responsible for ensuring that all the Personal Data provided is accurate and for ensuring that all persons named on the booking are aware of these Terms and Conditions and consent to the person making the booking acting on their behalf in relation to this booking.

Your Alterations

If you want to change any of the details of your booking, we will always do our best to help. We will however make amendments charges of £100 per person as a contribution to our administrative expenses, any applicable rate changes, any costs incurred by us or imposed on us by any of our suppliers. We also reserve the right to make additional charges to cover in full any costs imposed on us by our suppliers. Only one amendment per booking can be made and 90 days or less before departure, changes may not be approved. If a cruise is 28 days or longer, changes cannot be made within 180 days. Charges must be paid when the amendment is requested and are non-refundable should you later decide to cancel. All amendments must be notified to us in writing, by telephone or by email by the Travel Agent on your behalf. Only one change of name is permitted per booking. NB 2: If an amendment involves a change of name, insurance premiums are not transferable. Where any change is made to a booking involving travel by air, we reserve the right to make additional charges to cover in full any costs charged to us by our suppliers. In the event that a passenger's name is mis-spelt upon booking, this may be corrected free of charge prior to the tickets allowing embarkation of the vessel being issued. Thereafter, a charge of £100 will apply per Booking to cover the administrative cost of amending the Booking.

Your Cancellation

You may cancel your booking or part of it once it has been confirmed but the cancellation will only be valid if made in writing direct to the Company or by telephone to our Customer Service team and having answered the security questions. If the cancellation results in a person travelling alone, a single room supplement is payable.

The amount payable on cancellation depends upon when we receive your written instructions - the more notice you give, the less we will charge. The different periods before departure date within which written instructions are received by Newmarket Holidays Ltd. and the amounts of cancellation charged in each period (shown as a percentage of the total holiday price excluding insurance premium which is not refundable) are as follows:

92 days or more before departure Loss of deposit
57 - 91 days 60% of total price (or deposit if greater)
42 - 56 days 75% of total price (or deposit if greater)
16 - 41 days 85% of total price (or deposit if greater)
15 days or less before departure 100% of total price

 

NB 3: If the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges. 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 for you to receive a full refund. We will observe advice provided by the Foreign, Commonwealth & Development Office (FCDO). Dates of your holiday may be changed, prior to the due date of the balance, only once and this will incur a fee. Further alteration of dates cannot be accommodated and will result in the cancellation of your holiday.

Your Fitness to Travel

We strive to give all our customers full care and attention, but we do need to know at the time of booking if there are any special needs or requirements. It is particularly important that we are advised of any disabilities and also if you intend to bring any specialist equipment such as a wheelchair with you. Please make sure you provide us with full details when booking. These will be acknowledged on your Confirmation of Reservation. If you have suffered from a serious medical condition recently, then you should consult with your Doctor about your fitness to travel by sea. Please note that wheelchairs and scooters cannot be used at tender ports.

Children less than 6 months old and women who will be more than 24 weeks pregnant at the date of departure are not permitted to travel. It is recommended that medical advice is sought prior to booking for children aged between 6 and 12 months. Children under 2 years of age at the date of departure will not be allowed to embark on any cruise where the vessel will undertake a major ocean crossing of 72 hours or longer.

Health Questionnaire and Fitness to Travel

We and any carrier are entitled to administer a health questionnaire prior to boarding In order to ensure that the carrier is able to carry passengers safely and in accordance with applicable safety requirements. When completing the questionnaire or embarking the ship, you warrant that you are fit to travel by sea and that your conduct or condition will not impair the safety of the cruise ship or inconvenience the other passengers.

Your Complaints

In the unlikely event that you have problems whilst on holiday, you MUST report the matter to the on-board Passenger Services Officer IMMEDIATELY. If the matter is not then satisfactorily resolved, you must complete a written report (form available). You must then follow up any complaint in writing within twenty-eight days of your return, including a copy of the original report form. If you fail to follow the requirement to report your complaint on board we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this contract. We operate a strict code of conduct which also conforms to European regulations on package travel and take any complaints received seriously. However, in order to be fair to all concerned, complaints will be considered only where the above procedure has been followed.

Your Travelling Conditions

Where as part of the holiday you have booked your travel by air, land or sea, such travel will be subject to the terms and conditions of carriage of the airline, shipping, rail or coach company providing the transport. In most cases, the conditions will limit the carrier's liability to you in accordance with international law. Should anyone be refused admission to the coach or ship, or to the destination country by the transport or government authority, then we are powerless to assist and cannot be held responsible. This includes any passenger who fails to advise us of any medical condition or disability or may, for any reason be unfit to travel because of, for example, but not limited to aggressive or abusive behaviour; reasons of personal hygiene; an accident or medical incident prior to departure, including on the way to the port or in the terminal that needs medical attention ashore. If you are prevented from travelling as a result, our responsibility for your holiday thereupon ceases. Full cancellation charges will apply and we will be under no obligation whatsoever for any refund, compensation or loss you may incur. Copies of the relevant parts of the Terms and Conditions are available on request.

 

Our contract with you - Ocean Cruises

 

Our Confirmation Of Reservation

When we have received your booking and deposit we will send you a Confirmation of Reservation which details exactly what is booked for you. From this moment Newmarket Holidays Ltd has accepted your booking on the terms set out in this Contract.

The Cruise Price

Changes in transportation costs, including the cost of fuel, duties, taxes, landing taxes or embarkation or disembarkation fees at ports, or fees chargeable for services and 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 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 means that you have to pay an increase of 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 (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.

Should you decide to cancel: 1) you must do so within the time period shown on your final invoice 2) We will provide a refund of travel insurance premiums if you purchased insurance from us.

Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, 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. All cruise fares exclude gratuities.

System Errors

We try hard to ensure that advertised prices are up to date, and reflect the price you will pay when you book. However, prices can change and errors can occasionally occur. We reserve the right to change and correct advertised prices at any time before your booking is confirmed.

In the event of your Confirmation of Reservation showing an incorrect price for your holiday, the price that will prevail is the price confirmed to us by the cruise operator, as we act as a travel agent for these bookings. Accordingly you may not seek to rely on system errors with a view to obtaining a holiday at less than the correct price, and any contract entered into upon a mistake, such as a wrong costing due to system errors, is not valid or binding.

Data Protection

In order to confirm and process your booking, we need to collect Personal Data for all the people named on the booking. We reserve the right to process, store and share any and all of the information we collect with our suppliers as we deem necessary to fulfil the contract between us and to comply with national and international law.

To find out more about how we use and protect your Personal Data, please visit www.newmarketholidays.co.uk/privacy

Our Alterations

It is unlikely that we will have to make any changes to your holiday but we do plan your holiday arrangements many months in advance. Occasionally changes may be made, which we reserve the right to do at any time. Most of these changes are insignificant and we will advise you at the earliest possible date. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation/cabin to another of the same or higher standard, changes of carriers, cancellation of an optional excursion. A significant change is one that we make to your holiday arrangements before departure that involves changing your resort area, or time of departure or return by more than twelve hours, or offering accommodation/cabin with a lower official classification than that advertised (except the latter in the case of en route tour hotels). If a significant change becomes necessary we will inform you as soon as is reasonably possible if there is time before your departure. When a significant change occurs you will have the choice of either accepting the change of arrangements, purchasing another available holiday from us (we will refund any price difference if alternative is of lower value), or cancelling your holiday and receiving a full refund of all monies paid (we will also provide a full refund of your travel insurance premiums if you purchased insurance from us). Up to 90 days before the departure date we can cancel any booking or any part of a holiday because the minimum number of passengers needed has not been achieved.

Our Cancellations

We reserve the right to cancel your holiday and in this event we will return to you all money you have paid to us or will offer you an alternative, available holiday to purchase of comparable standard. In no case, except for reasons of war etc, (see NB 4, above) will your holiday be cancelled after the date when your final balance becomes due.

Our Complaints Procedure

Newmarket Holidays Ltd is a Member of ABTA with membership number V7812. ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute.

We can normally agree an amicable settlement of the few complaints we receive. However, if we cannot agree, disputes arising out of, or in connection with this Contract may (if the customer so wishes) be referred to ABTA. Go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved. Redress under this Scheme requires written notice requesting arbitration to be made within nine months of scheduled date of return from the holiday.

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. 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 conditions. 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.

If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t 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.

NB 5 this entire clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.

Our Responsibility for your holiday

(a) Although we have no direct control over services provided to you by independent suppliers we accept responsibility for the reasonable standard of the holiday which you book. If any part is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday.
(b) We accept responsibility if you or any person named on the booking suffers bodily injury, illness or death due to the negligent acts and/or omissions of: (i) our employees or agents; or (ii) our suppliers or sub-contractors, servants or agents whilst acting within the scope or in the course of their employment to provide any service or arrangement forming part of the holiday that you have booked with us save that we do not accept responsibility for any air or sea carriers whose liabilities are limited by the relevant International Conventions. Any such claims will be subject to and dealt with in accordance with English Law, and will be subject to the jurisdiction of the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
(c) We shall give you assistance in the event that you suffer illness, personal injury or death during the period of your holiday overseas arising out of an activity which does not form part either of the holiday arrangement with us or an excursion offered through us. This assistance will include advice and guidance and, at our discretion and where appropriate, financial assistance subject to our spending a maximum amount in this regard on behalf of yourself and any other person named on the booking of £5,000 in total.
(d) In the event of a claim under this clause against us by you or any person named on the booking we reserve the right to claim in your place against the person or corporation responsible for the act, default or omission giving rise to the claim and you hereby agree to assign to us all your rights under this clause and we will be subrogated to those rights and you hereby agree to assist us fully in the event that we enforce the rights which have been assigned to us or to which we are subrogated.
(e) We take the safety and security of our clients extremely seriously. If the FCDO advises that people should not visit a particular country, then we would act on this. However, we are sure you appreciate from press and television coverage that the political, economic and social conditions in many countries are not as stable as we are used to. Sadly crimes against both people and their property are a fact of life the world over, and when in a foreign county it is very important to be extra vigilant and avoid drawing attention to yourself by wearing expensive jewellery, carrying expensive camera equipment etc. Travellers have the same responsibility for their personal safety and that of their possessions, as they do at home. As situations in countries can change rapidly, we would suggest you may wish to visit the FCDO Travel Advice website at www.gov.uk/foreign-travel-advice for up to date information and advice regarding safety BEFORE BOOKING YOUR HOLIDAY. Newmarket Holidays Ltd operate to many parts of the world, some of which do not conform to British health and safety standards. We request that all our hotels comply with the local regulations applicable in their country for health and safety but we cannot guarantee that these meet British standards.

Travel Insurance

Because of the importance of having adequate insurance cover we make it a condition of booking on all foreign holidays that you are covered by an insurance policy that it provides health cover including cover for pre-existing medical conditions and emergency airlift/boat transfer at sea. If you elect not to take our insurance, you will be required to provide us with the alternative cover you have in place, including the name of the insurer, policy number and most importantly the phone number of the insurer's Emergency Assistance service. You agree to indemnify Newmarket Holidays Ltd. for any costs that arise which would otherwise have been met had Newmarket Holidays Ltd insurance been taken. Please note that, if you take out our insurance, certain claims will be subject to an excess charge and that your insurance premium will be dependent on your date of birth. We have no liability for any loss or damage to luggage inflight or in transit. Any claims of this nature should be referred directly to your insurer.

Financial Protection & Repatriation

In line with the EC Directive on package travel, Newmarket Holidays Ltd offers complete financial protection for all customers. Newmarket Holidays Ltd is a fully-bonded member of ABTA - The Association of British Travel Agents (membership number V7812), ensuring both your financial protection and high standards of professionalism and reliability. Therefore you can book and travel with Newmarket Holidays Ltd in total confidence that your money and your holiday are safe. In the unlikely event of the company failing while you are abroad, the ABTA bond will be used to repatriate you.

When you buy an ATOL protected flight inclusive holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative).In some cases, where neither we nor the supplier are 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).

 

Important Information - Ocean Cruises

 

Personal Details when Booking

Providing clear, correct information when making your booking is essential, for it is from this information that we make your reservation and our contract with you. The person to whom all correspondence, invoices and joining instructions are to be sent, should be entered as the first name. It is also their address and telephone number(s) that should be shown and it must be they who accept these Terms and Conditions before completing a booking. Other names are required by airlines, insurance companies, hoteliers etc., so please be accurate. For foreign holidays it is essential that these names match those on the passports. If any member of your party, e.g. newlyweds, changes their name between booking this holiday and travelling, it is important to provide these details so that we can issue the tickets in the new name. If there is not time to amend the passport the marriage certificate should be carried in the passport. We need to know the number of children under the age of two, and those between the ages of two and 16 who may qualify for a 10% discount if they are sharing a room with two adults where a specific child price is not shown. We do not accept bookings from any unaccompanied passengers under the age of 18. In order to travel aboard the ships, it is a requirement that passengers read and sign, or in the case of web bookings acknowledge that they have read, the Booking Conditions, which cover the detailed terms and conditions under which bookings are accepted. It is the passenger's responsibility to ensure all the ship's manifest information, including, but not limited to, full names, dates of birth, passport details, travel insurance and medical declarations are provided to the company in a timely manner. Failure to provide such information and assigned acknowledgement of our Booking Conditions could result in a delay in boarding at Embarkation or, in extreme circumstances, the permissions to board being refused.

Suppliers' Conditions

Many of the services which make up your holiday are provided by independent suppliers. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions and particularly the Terms and Conditions of Carriage at Sea of the carrier providing your Cruise are available on request from ourselves.

Fitness To Travel

We strive to give all our customers full care and attention, but we do need to know at the time of booking if there are any special needs or requirements. It is particularly important that we are advised of any disabilities and also if you intend to bring any specialist equipment such as a wheelchair with you. Please make sure that you send in full details, quoting your six-character Booking Reference, as soon as you receive your on-line booking confirmation. These will be acknowledged on your Confirmation of Reservation. If you have suffered from a serious medical condition recently, then you should consult with your Doctor about your fitness to travel. Please note wheelchairs and scooters cannot be used on board or at tender ports.

Special Requests

We will endeavour to comply with any special requests you may have, by passing them through to the ship; however, we cannot guarantee that all such requests will be met, since they may be outside of our control.

Luggage Allowance

If you are sailing from a UK port the total luggage allowance is 90kg per passenger. No one piece should weigh more than 20kgs.

Smoking & alcohol on board

Smoking (including all types of e-cigarette) is only permitted in certain dedicated external areas of the vessel. Throwing cigarette ends over the side of the vessel is strictly prohibited. Only alcohol purchased on-board the vessel may be consumed on-board. The passenger agrees at all times to drink safely and responsibly for the duration of their holiday and whilst on-board the vessel including during embarkation and disembarkation.

Itinerary

You will receive your final Itinerary and Journey Instructions five to seven days prior to departure, provided all payments have been made.

Currency & Payments on Board the Cruise

All on board accounts will be in Pounds Sterling. Passengers must register a debit or credit card at check-in. In the event that a passenger fails to settle their on board account on or before completion of the Holiday an administration charge of £75 will apply. Failure to settle on board accounts may result in legal action against the passenger(s) in question.

Holiday Extras Not Booked With Newmarket

We cannot be held responsible for compensation in respect of any extras which are booked (eg travel insurance, currency, etc) with a third party, if we subsequently cancel your holiday for whatever reason. If you book your travel insurance with us, you would receive a full refund in this circumstance.

Passport, Visa, Immigration and Health Requirements

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your Doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. You must notify us regarding next of kin details and any other important information we request before you travel.

A full 10 year British passport is required for all of our holidays, and your passport must be valid for a full 6 months following your date of return to the UK. If you do not hold a valid 10 year British passport, please note it can take up to twelve weeks to obtain a new one. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. You must ensure you have the correct travel documents in your possession before departure, failing which you will be liable for any costs, which you or we may incur as a result. Please note that, very occasionally, a last minute change may entail entering an additional country. Please note children must now have their own passport. For all passport enquiries contact the UK Passport Agency on 08705 210 410 or 

Maritime Passenger Rights EU Regulation 1177/2010

Definition – ‘Disabled Person’ or ‘Person with Reduced Mobility’ means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all passengers. If you are a Disabled Person or a Person with Reduced Mobility. Where the Maritime Passenger Rights conflicts with our booking conditions, the Maritime Passenger Rights shall take priority to the extent of any inconsistency.

Foreign, Commonwealth & Development Office Travel Advice

Click here to find out the latest Foreign, Commonwealth & Development Office travel advice for your holiday destination, as well as information about passports and visas.

 

Your contract with us - River Cruises

 

Your Booking

Your booking, once accepted and confirmed in writing to you, represents a contract between all persons named on the Booking Form, and/or on the Personal Details booking page, and/or on the Confirmation of Reservation, and Newmarket Holidays Ltd (The Company). When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. The contract is based on the information given on www.newmarketholidays.co.uk and the terms laid out in the following Booking Conditions. This agreement is governed by English Law and jurisdiction is conferred on the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). We do not accept bookings from any unaccompanied passengers under the age of 18.

Your Payment

Your Confirmation of Reservation includes an invoice showing the deposit paid and the final balance due. The outstanding amount must be paid by the due date. Should we not receive payment by this date we shall cancel your travel arrangements, in which case you could be liable to pay cancellation charges according to the scale set out in 'Your Cancellations' below.

NB 1: The person making the booking with us does so in accordance with these Terms and Conditions and with the understanding that the information they provide is a requirement of the contract between us. He/she becomes directly responsible to the Company for the payment of the total holiday price and if applicable, and where appropriate, for the cancellation charges and disbursements of any funds. The person making the booking does so on behalf of all persons named on it, and is responsible for ensuring that all the Personal Data provided is accurate and for ensuring that all persons named on the booking are aware of these Terms and Conditions and consent to the person making the booking acting on their behalf in relation to this booking.

Your Alterations

If you want to change any of the details of your booking, we will always do our best to help. We will however make amendments charges of £50 per person as a contribution to our administrative expenses, any applicable rate changes, any costs incurred by us or imposed on us by any of our suppliers. We also reserve the right to make additional charges to cover in full any costs imposed on us by our suppliers. Only one amendment per booking can be made and 90 days or less before departure changes may not be approved. Charges must be paid when the amendment is requested and are non-refundable should you later decide to cancel. All amendments must be notified to us in writing, by telephone or by email by the person who made the original booking. Only one change of name is permitted per booking.

NB 2: If an amendment involves a change of name, insurance premiums are not transferable. Where any change is made to a booking involving travel by air, we reserve the right to make additional charges to cover in full any costs charged to us by our suppliers.

Your Cancellation

You may cancel your booking or part of it once it has been confirmed but the cancellation will only be valid if made in writing direct to the Company or by telephone to our Customer Service team and having answered the security questions. If the cancellation results in a person travelling alone, a single room supplement is payable.

The amount payable on cancellation depends upon when we receive your written instructions - the more notice you give, the less we will charge. The different periods before departure date within which written instructions are received by Newmarket Holidays Ltd. and the amounts of cancellation charged in each period (shown as a percentage of the total holiday price excluding insurance premium which is not refundable) are as follows:

90 days or more before departure Loss of deposit
71 - 89 days 30% of total price (or deposit if greater)
50 - 70 days 50% of total price (or deposit if greater)
29 - 49 days 75% of total price (or deposit if greater)
28 days or less before departure 100% of total price

 

NB 3: If the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges. 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 for you to receive a full refund. We will observe advice provided by the Foreign, Commonwealth & Development Office (FCDO). Dates of your holiday may be changed, prior to the due date of the balance, only once and this will incur a fee. Further alteration of dates cannot be accommodated and will result in the cancellation of your holiday.

Your Complaints

In the unlikely event that you have problems whilst on holiday, you MUST report the matter to the on-board Passenger Services Officer IMMEDIATELY. If the matter is not then satisfactorily resolved, you must complete a written report (form available). You must then follow up any complaint in writing within twenty-eight days of your return, including a copy of the original report form. If you fail to follow the requirement to report your complaint on board we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this contract. We operate a strict code of conduct which also conforms to European regulations on package travel and take any complaints received seriously. However, in order to be fair to all concerned, complaints will be considered only where the above procedure has been followed.

Your Travelling Conditions

Where as part of the holiday you have booked your travel by air, land or sea, such travel will be subject to the terms and conditions of carriage of the airline, shipping, rail or coach company providing the transport. In most cases, the conditions will limit the carrier's liability to you in accordance with international law. Should anyone be refused admission to the coach or ship, or to the destination country by the transport or government authority, then we are powerless to assist and cannot be held responsible. This includes any passenger who fails to advise us of any medical condition or disability or may, for any reason be unfit to travel because of, for example, but not limited to aggressive or abusive behaviour; reasons of personal hygiene; an accident or medical incident prior to departure, including on the way to the port or in the terminal that needs medical attention ashore. If you are prevented from travelling as a result, our responsibility for your holiday thereupon ceases. Full cancellation charges will apply and we will be under no obligation whatsoever for any refund, compensation or loss you may incur. Copies of the relevant parts of the Terms and Conditions are available on request.

 

Our contract with you - River Cruises

 

Our Confirmation Of Reservation

When we have received your booking and deposit we will send you a Confirmation of Reservation which details exactly what is booked for you. From this moment Newmarket Holidays Ltd has accepted your booking on the terms set out in this Contract.

The Cruise Price

Once you have booked, we guarantee to not change the price of your holiday with us.

System Errors

We try hard to ensure that advertised prices are up to date, and reflect the price you will pay when you book. However, prices can change and errors can occasionally occur. We reserve the right to change and correct advertised prices at any time before your booking is confirmed.

In the event of your Confirmation of Reservation showing an incorrect price for your holiday, the price that will prevail is the price confirmed to us by the cruise operator, as we act as a travel agent for these bookings. Accordingly you may not seek to rely on system errors with a view to obtaining a holiday at less than the correct price, and any contract entered into upon a mistake, such as a wrong costing due to system errors, is not valid or binding.

Data Protection

In order to confirm and process your booking, we need to collect Personal Data for all the people named on the booking. We reserve the right to process, store and share any and all of the information we collect with our suppliers as we deem necessary to fulfil the contract between us and to comply with national and international law.

To find out more about how we use and protect your Personal Data, please visit www.newmarketholidays.co.uk/privacy

Our Alterations

It is unlikely that we will have to make any changes to your holiday but we do plan your holiday arrangements many months in advance. Occasionally changes may be made, which we reserve the right to do at any time. Most of these changes are insignificant and we will advise you at the earliest possible date. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation/cabin to another of the same or higher standard, changes of carriers, cancellation of an optional excursion. A significant change is one that we make to your holiday arrangements before departure that involves changing your resort area, or time of departure or return by more than twelve hours, or offering accommodation/cabin with a lower official classification than that advertised (except the latter in the case of en route tour hotels). If a significant change becomes necessary we will inform you as soon as is reasonably possible if there is time before your departure. When a significant change occurs you will have the choice of either accepting the change of arrangements, purchasing another available holiday from us (we will refund any price difference if alternative is of lower value), or cancelling your holiday and receiving a full refund of all monies paid (we will also provide a full refund of your travel insurance premiums if you purchased insurance from us). When a significant change occurs, provided it does not arise from circumstances amounting to force majeure (see below), we will pay compensation as detailed below, based on how far ahead of departure the change is advised:

Charge

15 - 28 days         £10

0 - 14 days           £25

NB 4: We will not pay you compensation where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.

Our Cancellations

We reserve the right to cancel your holiday and in this event we will return to you all money you have paid to us or will offer you an alternative, available holiday to purchase of comparable standard. In no case, except for reasons of war etc, (see NB 4, above) will your holiday be cancelled after the date when your final balance becomes due.

Our Complaints Procedure

Newmarket Holidays Ltd is a Member of ABTA with membership number V7812. ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute.

We can normally agree an amicable settlement of the few complaints we receive. However, if we cannot agree, disputes arising out of, or in connection with this Contract may (if the customer so wishes) be referred to ABTA. Go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved. Redress under this Scheme requires written notice requesting arbitration to be made within nine months of scheduled date of return from the holiday.

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. 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 conditions. 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.

If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t 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.

NB 5 this entire clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.

Our Responsibility for your holiday

(a) Although we have no direct control over services provided to you by independent suppliers we accept responsibility for the reasonable standard of the holiday which you book. If any part is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday.
(b) We accept responsibility if you or any person named on the booking suffers bodily injury, illness or death due to the negligent acts and/or omissions of: (i) our employees or agents; or (ii) our suppliers or sub-contractors, servants or agents whilst acting within the scope or in the course of their employment to provide any service or arrangement forming part of the holiday that you have booked with us save that we do not accept responsibility for any air or sea carriers whose liabilities are limited by the relevant International Conventions. Any such claims will be subject to and dealt with in accordance with English Law, and will be subject to the jurisdiction of the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
(c) We shall give you assistance in the event that you suffer illness, personal injury or death during the period of your holiday overseas arising out of an activity which does not form part either of the holiday arrangement with us or an excursion offered through us. This assistance will include advice and guidance and, at our discretion and where appropriate, financial assistance subject to our spending a maximum amount in this regard on behalf of yourself and any other person named on the booking of £5,000 in total.
(d) In the event of a claim under this clause against us by you or any person named on the booking we reserve the right to claim in your place against the person or corporation responsible for the act, default or omission giving rise to the claim and you hereby agree to assign to us all your rights under this clause and we will be subrogated to those rights and you hereby agree to assist us fully in the event that we enforce the rights which have been assigned to us or to which we are subrogated.
(e) We take the safety and security of our clients extremely seriously. If the FCDO advises that people should not visit a particular country, then we would act on this. However, we are sure you appreciate from press and television coverage that the political, economic and social conditions in many countries are not as stable as we are used to. Sadly crimes against both people and their property are a fact of life the world over, and when in a foreign county it is very important to be extra vigilant and avoid drawing attention to yourself by wearing expensive jewellery, carrying expensive camera equipment etc. Travellers have the same responsibility for their personal safety and that of their possessions, as they do at home. As situations in countries can change rapidly, we would suggest you may wish to visit the Foreign, Commonwealth and Development Office website at www.gov.uk/foreign-travel-advice for up to date information and advice regarding safety BEFORE BOOKING YOUR HOLIDAY. Newmarket Holidays Ltd operate to many parts of the world, some of which do not conform to British health and safety standards. We request that all our hotels comply with the local regulations applicable in their country for health and safety but we cannot guarantee that these meet British standards.

Travel Insurance

Because of the importance of having adequate insurance cover we make it a condition of booking on all foreign holidays that you are covered by an insurance policy that it provides health cover including cover for pre-existing medical conditions. If you elect not to take our insurance, you will be required to provide us with the alternative cover you have in place, including the name of the insurer, policy number and most importantly the phone number of the insurer's Emergency Assistance service. You agree to indemnify Newmarket Holidays Ltd. for any costs that arise which would otherwise have been met had Newmarket Holidays Ltd insurance been taken. Please note that, if you take out our insurance, certain claims will be subject to an excess charge and that your insurance premium will be dependent on your date of birth. We have no liability for any loss or damage to luggage inflight or in transit. Any claims of this nature should be referred directly to your insurer.

Financial Protection & Repatriation

In line with the EC Directive on package travel, Newmarket Holidays Ltd offers complete financial protection for all customers. Newmarket Holidays Ltd is a fully-bonded member of ABTA - The Association of British Travel Agents (membership number V7812), ensuring both your financial protection and high standards of professionalism and reliability. Therefore you can book and travel with Newmarket Holidays Ltd in total confidence that your money and your holiday are safe. In the unlikely event of the company failing while you are abroad, the ABTA bond will be used to repatriate you.

When you buy an ATOL protected flight inclusive holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative).In some cases, where neither we nor the supplier are 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).

 

Important Information - River Cruises

 

Personal Details when Booking

Providing clear, correct information when making your booking is essential, for it is from this information that we make your reservation and our contract with you. The person to whom all correspondence, invoices and joining instructions are to be sent, should be entered as the first name. It is also their address and telephone number(s) that should be shown and it must be they who accept these Terms and Conditions before completing a booking. Other names are required by airlines, insurance companies, hoteliers etc., so please be accurate. For foreign holidays it is essential that these names match those on the passports. If any member of your party, e.g. newlyweds, changes their name between booking this holiday and travelling, it is important to provide these details so that we can issue the tickets in the new name. If there is not time to amend the passport the marriage certificate should be carried in the passport. We need to know the number of children under the age of two, and those between the ages of two and 16 who may qualify for a 10% discount if they are sharing a room with two adults where a specific child price is not shown. We do not accept bookings from any unaccompanied passengers under the age of 18. In order to travel aboard the ships, it is a requirement that passengers read and sign, or in the case of web bookings acknowledge that they have read, the Booking Conditions, which cover the detailed terms and conditions under which bookings are accepted. It is the passenger's responsibility to ensure all the ship's manifest information, including, but not limited to, full names, dates of birth, passport details, travel insurance and medical declarations are provided to the company in a timely manner. Failure to provide such information and assigned acknowledgement of our Booking Conditions could result in a delay in boarding at Embarkation or, in extreme circumstances, the permissions to board being refused.

Suppliers' Conditions

Many of the services which make up your holiday are provided by independent suppliers. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions and particularly the Terms and Conditions of Carriage at Sea of the carrier providing your Cruise are available on request from ourselves.

Fitness To Travel

We strive to give all our customers full care and attention, but we do need to know at the time of booking if there are any special needs or requirements. It is particularly important that we are advised of any disabilities and also if you intend to bring any specialist equipment such as a wheelchair with you. Please make sure that you send in full details, quoting your six-character Booking Reference, as soon as you receive your on-line booking confirmation. These will be acknowledged on your Confirmation of Reservation. If you have suffered from a serious medical condition recently, then you should consult with your Doctor about your fitness to travel. Please note wheelchairs and scooters cannot be used on board or at tender ports.

Special Requests

We will endeavour to comply with any special requests you may have, by passing them through to the ship; however, we cannot guarantee that all such requests will be met, since they may be outside of our control.

Itinerary

You will receive your final Itinerary and Journey Instructions five to seven days prior to departure, provided all payments have been made.

Holiday Extras Not Booked With Newmarket

We cannot be held responsible for compensation in respect of any extras which are booked (eg travel insurance, currency, etc) with a third party, if we subsequently cancel your holiday for whatever reason. If you book your travel insurance with us, you would receive a full refund in this circumstance.

Passport, Visa, Immigration and Health Requirements

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your Doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. You must notify us regarding next of kin details and any other important information we request before you travel.

A full 10 year British passport is required for all of our holidays, and your passport must be valid for a full 6 months following your date of return to the UK. If you do not hold a valid 10 year British passport, please note it can take up to twelve weeks to obtain a new one. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. You must ensure you have the correct travel documents in your possession before departure, failing which you will be liable for any costs, which you or we may incur as a result. Please note that, very occasionally, a last minute change may entail entering an additional country. Please note children must now have their own passport. For all passport enquiries contact the UK Passport Agency on 08705 210 410 or www.homeoffice.gov.uk/agenciespublic-bodies/ips

Foreign, Commonwealth and Development Office Travel Advice

Click here to find out the latest Foreign, Commonwealth & Development Office travel advice for your holiday destination, as well as information about passports and visas.

 

 

Newmarket Holidays Ltd, Cantium House, Railway Approach SM6 0BP; Company Number: 02238316

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0330 341 1927

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Good Friday (29th March) 10am - 4pm
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Customer Services
Good Friday (29th March) 10am to 4pm
Saturday (30th March) 9am - 5pm
Easter Sunday (31st March) CLOSED
Easter Monday (1st April) 10am - 4pm