Booking Terms and Conditions

These Terms and Conditions, together with our privacy policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Iceland ProTravel of 51 Clarkgrove Road, Sheffield S10 2NH (hereinafter IPT, “we”, “us”, “our”) please read them and the information carefully as you will be bound by them. In these terms and conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

Where you make a booking via Iceland Pro Cruises GmbH, a company registered in Switzerland, with registered office address of Baarerstrasse 21, 6700 Zug, Switzerland (“IPC”), whether that’s via the IPC brochure or otherwise, IPC acts solely as an agent on behalf of Iceland ProTravel Limited. Your contract for the travel arrangements is with Iceland ProTravel Limited on the terms and conditions below. IPC has no liability to you for the provision of the travel arrangements or for the acts or omissions of Iceland ProTravel, or otherwise in relation to your contract with Iceland ProTravel Limited.

Contract:
Your contract is with IPT on the basis of these Terms and Conditions and the information contained in the brochure, and shall be governed by English law and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

  1. he/she has read these Terms and Conditions and has the authority to and does agree to be bound by them;
  2. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);
  3. he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services;
  4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking
     

1. Booking

A booking is made with us when you pay us a deposit (or full payment if you are booking within 8 weeks of departure) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent.

When you book a cruise holiday you will also become responsible to pay for any additional arrangements made by us on your behalf including international flights not included in any air package, optional excursions, travel insurance or other arrangements requested by you and booked.

The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 8 weeks prior to schedule departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you, in which case the cancellation charges set out in clause 6 below will become payable.

For group bookings (parties of 10 persons or more) made less than 12 weeks before departure, full payment is required at the time of booking. If we cannot accept the booking due to non-availability of services, any money paid to Iceland Pro Travel Ltd will be promptly refunded.

If your confirmed arrangements include a flight, we (or if you booked via an authorized agent of ours, that agent) will send you an ATOL Certificate and a confirmation. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any other or any other document are wrong you must contact us immediately.

If you book your holiday through a travel agent all communication must be through that agent. All monies you pay to the travel agent are held by the travel agent on our behalf at all times.

2. Financial Protection

We hold an Air Travel Organised License granted by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk, under number 7434. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire, voyage 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. In the unlikely event of our insolvency the CAA will ensure that you are not stranded abroad if you have booked a cruise holiday from this brochure and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday of travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom and European Economic Area (EEA).

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 (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).

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

If you book arrangements other than an air packaged holiday from this brochure your monies are protected by our bond held with ABTA, ABTA Ltd, The Travel Association, 30 Park Street, London SE1 9EQ, www.abta.co.uk. We are also a member of the Association of British Travel Agents, tour operator class ABTA Y6096.

3. Payment

The total price of the arrangements you have booked is due and payable once you have asked us to confirm your booking as follows:

A deposit of 20% is payable to secure your booking. The balance is due 8 weeks before your scheduled departure date. No second invoice will be sent. Travel documents will be issued 15-30 days prior to departure.

Our preferred method of deposit payment is by bank transfer, debit - or credit card. Balance payment may be made by bank transfer, debit card or credit card (providing there is time to clear it to meet the payment schedule shown above). We do not accept payment by cheque.
- you should allow 5 working days for clearance from the time we receive it

Credit Card Charges:
No charge will be made for deposits or balances paid by Debit or Credit Cards.   

4.a Prices

The price of your holiday was calculated using exchange rates quoted by Landsbankinn in Iceland on 1st September 2018 in relation to the following currencies: USD, GBP

All Voyage prices printed in this brochure are in pounds sterling and are per person based on full occupancy of the cabin accommodation unless otherwise stated. Single/Sole occupancy of cabins with more than one berth is at our discretion as single/sole use of multiple berth cabins will be limited. The price of your voyage arrangements was calculated using exchange rates quoted by Landsbanki in Iceland on 01.09.2018 in USD to British pound (GBP) 0,81.

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

  1.  the price of the carriage of passengers resulting from the cost of fuel or other power sources;
  2. the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
  3. the exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

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 and/or additional services or travel arrangements. You will be charged for the amount over and above that.

However, if this means that you have to pay an increase of more than 8% of the price of your confirmed cruise holiday (excluding any insurance premiums, amendment charges and/or additional services or 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 to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.

Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £1 per person. However, 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.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

4.b Ocean Diamond Cruise Prices Do Not Include

• Travel Insurance
• Luggage Handling
• International Flights except flights included in the Air and Ground Package
• Optional Excursions
• Gratuities 

Optional excursions booked before you travel or local excursions or other activities that you may choose to book and pay for whilst on holiday are not part of your cruise provided by us nor are we agents for the provider of the service. For any excursion or other activity you book before departure or with which you are assisted in arranging whilst on holiday, your contract will solely be with the supplier of the excursion or activity and not with IPT. We are not responsible for anything that happens during the course of its provision by the supplier nor for the provision of your excursion or activity.

5.  Changes & Transfers of Your Booking made by You

If you wish to change your travel arrangements after they have been confirmed we will do our utmost to help but it may not always be possible. Any request for changes to be made must be in writing by the person who made the booking or your travel agent. You will be asked to pay an administration charge of £55 per person and any further cost we incur in making this alteration. NB: most airlines will charge a fee for ticket changes. Costs may increase the closer to the departure date that changes are made.

If you change the number of people in your party, the price of the arrangements will be recalculated for the new party size, this may mean that accommodation is under-occupied and each member of the party may have to pay an increased price.

Where we are unable to assist you and you do not wish to proceed with the original booking and we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 6.

Transfer of Booking
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

  1. that person is introduced by you and satisfies all the conditions applicable to the holiday;
  2. we are notified not less than 7 days before departure;
  3. you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
  4. the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 6 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

6.  Cancellation by you before departure

You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent must be received at our offices. We recommend ‘Recorded Delivery’. Cancellation takes effect the day we receive your letter or email. Since we incur costs in relation to your arrangements from the time we confirm your booking you will have to pay the applicable cancellation charges as shown in the table below (which also applies if we cancel because you have failed to make payments on time - see “Payment” section) together with the cost of any air fare for which we have had to pay at the time of the booking and will be payable immediately on cancellation.

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

Number of days prior to departure:              CANCELLATION FEES IN PERCENTAGE OF TOTAL BOOKING PRICE

More than 90 days before:                                                                              Administrative Fees of GBP 100 pp

                90-61 days before                                                                                            20%

                42-60 days before                                                                                            30%

                28-41 days before                                                                                            60%

                14-27 days before                                                                                            90%

                Less than 14 days before                                                                               100%

Important Note: Certain Arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation.  Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

This clause 6 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

7.  Changes or Cancellation by Us

As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes:
If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:

  1. A change of accommodation area for the whole or a significant part of your time away.
  2. A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
  3. A change of outward departure time or overall length of your arrangements by more than 12 hours.
  4. A change of UK departure airport except between:
    1. The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
    2. The South Coast airports: Southampton, Bournemouth and Exeter
    3. The South Western airports: Cardiff and Bristol
    4. The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield
    5. The Northern airports: Liverpool, Manchester and Leeds Bradford
    6. The North Eastern airports: Newcastle and Teesside
    7. The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen
  5. A significant change to your itinerary, missing out one or more destination entirely.

Cancellation:
We will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure, major technical issue or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

  1. (for significant changes) accepting the changed arrangements; or
  2. having a refund of all monies paid; or
  3. accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost); or
  4. if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.  

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Compensation:
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

  1. If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
  2. If we cancel your booking and no alternative arrangements are available.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in shich we notify you:          Compensation payable per person booking
62 days or more:                                                         NIL
61 – 42 days prior to departure:                                 £10
41 – 28 days prior to departure:                                 £20
27 – 14 days prior to departure:                                 £30
Less than 14 days prior to departure:                        £40

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

  1. where we make a minor change;
  2. where we make a significant change or cancel your arrangements more than [60 days] before departure;
  3. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
  4. where we have to cancel your arrangements as a result of your failure to make full payment on time;
  5. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
  6. where we are forced to cancel or change your arrangements due to Force Majeure (see clause 8).

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

Please note: We reserve the right to substitute another vessel for the scheduled one whether or not owned or operated by IPC. Any part of the travel arrangements and the voyage is subject to cancellation, delay, modification, or island/mainland visit cancellation for any reason, including medical disembarkation of crew or passengers or any other circumstances beyond our or our suppliers’ control. You therefore acknowledge and agree that the scheduled itinerary for the voyage and the announced departure and arrival times are not guaranteed and we shall not be liable to passengers for any damages or other claims in the event of any delay, changes in itinerary or inability to perform services by reason of any event or events beyond our or our suppliers’ control

8. Force Majeure

Except where otherwise expressly stated in these Terms and Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Terms and Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

9.  Complaints

If you have a problem during your holiday concerning any service we have confirmed you must inform the local supplier, e.g. your hotelier, or our local representative or agent immediately to enable them to try to resolve the matter. During high season (1st May – 30th September) we operate a 24/7 emergency number + 354 869 6663. You are also obliged to act in a way so as to minimize any loss. If the issue cannot be resolved locally it is necessary that you notify our head office in writing, quoting the booking reference number, at the earliest opportunity and no later than 28 days after your return, to enable any complaint to be investigated.  Please contact memo@icelandprotravel.co.uk or write to Iceland Pro Travel Ltd, FAO Director, 51 Clarkgrove Road, Sheffield S10 2NH. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay and obtain a written report. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint at the time and this may affect your rights under this contract.

Any accident resulting in personal injury, loss of, or damage to luggage must be reported to a ship’s officer or airline official immediately and written confirmation obtained. We are unable to accept liability for the contents of DVDs, videos, literature, or websites produced by our suppliers/hoteliers. In the unlikely event that any complaint cannot be settled between us you may if you wish be referred to arbitration. This special scheme, by arrangement with ABTA is administered by CEDR Solve. It applies if your claim is for not more than £5,000 per person or £25,000 per booking and does not involve physical injury or illness. The scheme provides for a simple and inexpensive method of arbitration conducted privately based on written documentation and evidence with limited customer liability on costs. Full details are available on request or from ABTA Ltd, 30 Park Street, London SE1 9EQ, www.abta.com.

10.  Liability 

(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below, and as such we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these booking conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction and/or reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to, following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday.  Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

(2) We will not be responsible for any injury, illness, death, loss (including loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:

  1. the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party
  2. the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unavoidable and extraordinary; or
  3.  “Force majeure” as defined in clause 8 above.

(3) Please note we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or on our website and we have not agreed to arrange them as part of our contract and any excursion you purchase during your holiday. Please also see clause 19 “Excursions, Activities and Brochure/Website Information”.

(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause as follows:

(a) Loss of and/or damage to any luggage or personal possessions and money:

The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above and which don’t involve injury, illness or death:

The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

(c) Claims in respect of international travel by air and rail, or any stay in a hotel:

(i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

(ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

(iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

(d) Claims in respect of international travel by sea or inland waterway

Travel by sea is governed by the provisions of the Convention Relating to the Carriage of Passengers and their Luggage by Sea 1974 as amended in 1976 (the Athens Convention) and, where applicable, EU Regulation 392/2009 relating to the Liability of carriers of passengers by sea in the event of accidents. The extent of our liability will in all cases be limited as if we were the Contracting Carriers under the Athens Convention and/or EU Regulation 392/2009.

The Athens Convention and EU Regulation 392/2009 limit the carriers’ liability for death or personal injury or loss or damage to luggage and makes special provision for valuables. It is presumed that luggage has been delivered to you undamaged unless written notice is given to us and/or the carrier;

  1. in the case of apparent damage, before or at the time of disembarkation or redelivery; or
  2. in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.

Damages for cabin luggage payable by the carrier are limited up to the Athens Convention limit of 833 Special Drawing Rights (“SDRs”) or 2250 SDRs if EU Regulation 392/2009 applies.

Any liability in respect of death and personal injury and loss of and damage to luggage which we may incur to you shall always be subject to the limits of liability contained in the Athens Convention or EU Regulation 392/2009 for death/personal injury of 46,666 Special Drawing Rights (SDR) or 300,000 SDR under Athens Convention or 400,000 SDRs under EU Regulation 392/2009 except in the case of liability for war or terrorism 250,000 SDRs.

We are not liable for valuables, monies or other securities including jewelry and watches. If they have been deposited with the reception desk on the ship for safe keeping and a receipt issued, then in those limited circumstances the Carriers liability will be as set out in the Athens Convention or EU Regulation 392/2009. The use of safes onboard a Vessel is not a deposit with the ship or with the company under the Athens Convention or EU Regulation 392/2009 or otherwise.  The limits are 1200 SDRs pursuant to Athens or 3,375 SDRs pursuant to EU Regulation 392/2009.

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 or EU Regulation 392/2009.

Where carriage is performed on inland waterways, and the vessel does not go to sea the liability provisions relating to sea going vessels do not apply to the cruise. In those cases the liability of the Carrier to customers shall be determined in accordance with English law (the Merchant Shipping Act) and The Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 96) as amended by SI 1998/1258, a copy of which will be provided by on request or can be found at:
www.legislation.gov.uk/uksi/1998/1258/contents/made.

The limits for non-sea going passenger vessels is 175,000 SDRs per passenger limit. Liability for property claims will be at least 1,000,000 SDR’s under SI 1998/1258 (4)(b)(i)). The Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels, referred to as the “Strasbourg Convention” with protocols and amendments, applies to vessels sailing on waterways located in the territory of a state party subject to (i) the "Revised Convention relating to the Navigation of the Rhine of 17 October 1868" and (ii) the "Convention of 27 October 1956 concerning the canalization of the Moselle" (Article 15(1) of the Strasbourg Convention: https://www.ivr-eu.com/expertises/legal/?lang=en). If the Strasbourg Convention applies the limits for customer claims are 60,000 SDRs per customer subject to a minimum of 6,000,000 SDR’s (see Article 7). The Carrier’s liability for death, injury, illness, damage, delay or other loss to person or property of any kind suffered by customers shall, in the first instance, be governed by the Convention on Limitation of Liability for Maritime Claims 1996 as amended by SI 1998/1258 or where applicable the Strasbourg Convention. The Carrier’s liability therefore shall not exceed those limitations provided by the said LLMC 1996 and SI 1998/1258 or where applicable Strasbourg Convention or in any further revisions, protocols and/or amendments thereto as shall become applicable. Where the LLMC 1996 or If applicable Strasbourg Convention permits the Carrier to apply a deductible, the Carrier may apply that deductible.

SDRs are a monetary unit of the International Monetary Fund and current exchange rate can be found in major financial newspapers.

(5) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any business losses or expenses including, without limitation, self-employed loss of earnings.

(6) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs in advance. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

11Your Behaviour

You accept responsibility for the proper conduct of yourself and your party, when you book arrangements with us. If your actions or omissions cause damage to any property in the provision of the contracted arrangements,  cause delay or diversion to any flight or other means of transportation, or causes or is likely to cause distress, danger and annoyance to any other customers or any third party, we reserve the right to terminate your booking with us immediately. In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or the arrangements immediately. No refunds of lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for any loss and/or damage caused by your actions and we will hold each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. You also agree to fully indemnify us against any claim arising from your conduct (including professional fees and legal costs) made against us by or on behalf of the owner of such property or the operator of the flight or other means of transportation. The Captain of an aircraft or Master of a ship has authority over the aircraft/ship and passengers at all times when they are boarding or when they are on board.

For Cruise bookings, at any port or place we may refuse to embark or may disembark any passenger who, in the opinion of the ship’s authorised personnel, might be excluded from landing at further destinations by local authorities or whose presence may be detrimental to the wellbeing of passengers or crew or who may be suffering from any contagious or infectious disease. In cases of quarantine of the ship, or individual passengers (passengers may be required to remain in their cabin or as instructed by authorised personnel on board if they or any other occupant of the accommodation presents any symptoms or may be considered to put other passengers at risk) we will not be liable for expenses thus caused and in such cases as above there will be no entitlement to any refund or compensation and we will have no liability for costs incurred as a result.

12. Disabilities and Medical Problems

Each passenger warrants that they are fit to travel. IPT reserves the right to require any passenger to produce evidence of the same and cannot accept liability for any situation arising out of a failure to disclose any pre-existing condition or disability. Passengers with physical or mental disabilities or other conditions which may require special assistance, e.g. use of a wheelchair or scooter, or service animal, must advise us in writing before a booking is made. Passengers who use wheelchairs or who may require special assistance must be accompanied by someone who is able to assist them on shore and at sea. We are not a specialist disabled company but we will do our utmost to cater for any special requirements you may have. Please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

13. Passport, Visa and Immigration Requirements

Your specific passport and visa requirements and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates.. For further information contact the Passport Office on 0870 5210410 or visit: https://www.gov.uk/browse/citizenship/passports.

For European holidays you should obtain a completed and issued form EHIC prior to departure. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

14Insurance

It is a condition of the contract with us that you and every member of the booking has travel insurance in force for the entire duration of the holiday, covering at least the cancellation of the booking and providing medical cover for illness or injury and repatriation while overseas. Please provide us with the name of your insurance company, together with their 24-hour emergency number with your booking or as soon as possible.

15.  Brochure and Homepage Validity

The brochure published in October 2018 and the details and prices contained in it are valid up to and including September 2019 but may be superseded by subsequent brochures.

16.  Data Protection

In order  to  process your booking  and ensure your travel arrangements run smoothly and meet your requirements we, IPT need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, ships, hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. Please refer to our Privacy Policy for further information on how we use your personal data.

17. Prompt Assistance

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence. 

18. Delays, Missed Transport Arrangements and other Travel Information

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

For cruise bookings where  you have made independent travel arrangements, you accept for joining the ship in good time, regardless of any change to the sailing time or date, or to the itinerary. We are not able to refund monies paid to us, or any third party acting on our or your behalf, or make compensation or other payments where, for whatever reason, you fail to join the ship.  Passengers  going  ashore  are  responsible  for  re-boarding  the  ship  prior  to  departure from  port.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.  

We cannot accept liability for any delay which is due to any of the reasons set out in clause 8 of these Terms and Conditions (which includes the behaviour of any passenger(s) on any flight or ship who, for example, fails to check in or board on time). 

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it.  The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure.  You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times.  If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.

This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

 

Iceland ProCruises GmbH is represented in the UK by:
ICELAND PRO TRAVEL LTD.
Registered office: Iceland Pro Travel at 51 Clarkegrove Road, Sheffield S10 2NH
Operating Office: Ármúli 15, 108 Reykjavik, Iceland. Tel. +44 (0) 20 3630 1340