Iceland ProCruises Catalogue 2020

50 These Terms and Conditions, together with our privacy policy and where your hol- iday 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 book- ing, 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 in- formation 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, Switzer- land (“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 arrange- ments 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 Ice- land ProTravel Limited. CONTRACT Your contract is with IPT on the basis of these Terms and Conditions and the infor- mation 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: a) he/she has read these Terms and Conditions and has the authority to and does agree to be bound by them; b) he/she consents to our use of personal data in accordance with our Privacy Pol- icy 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 re- quirements); c) 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; d) 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 confirma- tion. We reserve the right to return your deposit and decline to issue a booking con- firmation at our absolute discretion. A binding contract will come into existence betweenyouandusassoonaswehave issuedyouwithabookingconfirmation 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 ar- rangements 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 byyou, inwhichcase thecancellationcharges setout inclause6belowwillbecome 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 author- ized 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. Ifyoubookyourholiday througha travelagentallcommunicationmustbe 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 en- sure 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 out- standing 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 oth- erwise) 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 Asso- ciation, 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 docu- ments will be issued 15-30 days prior to departure. Our preferred method of deposit payment is by bank transfer, debit - or credit card. Balancepaymentmaybemadebybank transfer,debitcardorcreditcard (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 4. 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 Lands- bankinn in Iceland on 1st of May 2019 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. Sin- gle/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 arrange- ments 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 conse- quence of changes in: (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; (ii) the level of taxes or fees chargeable for services applicable to the holiday im- posed 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 (iii) 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, amend- ment 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 currencyand someapparentchangeshaveno impacton thepriceofyour traveldue 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 ex- cursion 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 willdoourutmost tohelpbut itmaynotalwaysbepossible.Any request forchang- es 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 andany furthercostwe incur inmaking thisalteration.NB: mostairlineswillcharge a fee for ticket changes. Costs may increase the closer to the departure date that changes are made. Ifyouchange thenumberofpeople inyourparty, thepriceof thearrangementswill be recalculated for the new party size, this may mean that accommodation is un- der-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: a. that person is introduced by you and satisfies all the conditions applicable to the holiday; b. we are notified not less than 7 days before departure; c. you pay any outstanding balance payment, an amendment fee of £50 per per- son transferring, as well as any additional fees, charges or other costs arising from the transfer; and d. 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,oranymemberofyourparty,maycancelyour travelarrangementsatany 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 holi- day 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 pay- ing a cancellation charge in the event of “unavoidable and extraordinary circum- stances” occurring at your holiday destination or its immediate vicinity and signif- icantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall pro- vide you with a full refund of the monies you have paid but we will not be liable to payyouanyadditionalcompensation. Pleasenote thatyour right tocancel 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 weath- er 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 occasion- ally 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 high- er standard,changesofcarriers.Pleasenote thatcarriers suchasairlinesused in the brochure may be subject to change. Occasionally we may have to make a significant change to your confirmed arrange- ments. Examples of “significant changes” include the following, when made be- fore departure: (a) A change of accommodation area for the whole or a significant part of your time away. (b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away. (c) A change of outward departure time or overall length of your arrangements by more than 12 hours. (d) A change of UK departure airport except between: I. The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend II. The South Coast airports: Southampton, Bournemouth and Exeter III. The South Western airports: Cardiff and Bristol IV. The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield V. The Northern airports: Liverpool, Manchester and Leeds Bradford VI. The North Eastern airports: Newcastle and Teesside VII. The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen (e) Asignificantchange toyour itinerary,missingoutoneormoredestinationentirely. 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 possi- ble and if there is time to do so before departure, we will offer you the choice of: i (for significant changes) accepting the changed arrangements; or ii having a refund of all monies paid; or iii accepting an offer of alternative travel arrangements of a comparable or high- er standard from us, if available (at no extra cost); or iv if available, accepting an offer of alternative arrangements of a lower stand- ard, 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 Inaddition toa full refundofallmoniespaidbyyou,wewillpayyoucompensation as detailed below, in the following circumstances: (a) If, where we make a significant change, you do not accept the changed ar- rangements and cancel your booking; (b) 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 Compensation payable per person booking in which we notify you 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 circum- stances: (a) where we make a minor change; (b) where we make a significant change or cancel your arrangements more than [60 days] before departure; (c) where we make a significant change and you accept those changed arrange- ments or you accept an offer of alternative travel arrangements; (d) where we have to cancel your arrangements as a result of your failure to make full payment on time; (e) where the change or cancellation by us arises out of alterations to the con- firmed booking requested by you; (f) where we are forced to cancel or change your arrangements due to Force Ma- jeure (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 alter- native arrangements for you at no extra charge and where those alternative ar- rangements are of a lower standard, provide you with an appropriate price reduc- tion. Booking Terms and Conditions