Iceland ProCruises Catalogue 2020

51 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 pas- sengers or any other circumstances beyond our or our suppliers’ control. You there- fore 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 li- able 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. Ex- amples includewarfareandactsof terrorism (and threat thereof),civil strife, signif- icant 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 tech- nical 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 includeanunavailabilityofcertainflight routes,access tocertainportsandairports 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 mon- itor 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 alter- nativearrangementsor refundswherepossible,wewillnotbe liable topayyouany compensation. 9. COMPLAINTS If you have a problem during your holiday concerning any service we have con- firmed you must inform the local supplier, e.g. your hotelier, or our local represent- ative 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 Direc- tor, 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 re- ported 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, litera- ture, 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 arbitra- tion. 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 documen- tationandevidencewith limitedcustomer liabilityoncosts.Fulldetailsareavailable 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 ar- range for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below, and as such we are responsi- ble 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: a. the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party b. 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 c. “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 fa- cilities 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 excur- sion 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 in- surance 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 con- tract 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 ex- tent 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; a. in the case of apparent damage, before or at the time of disembarkation or redelivery; or b. 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 Con- vention 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 Conven- tion 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 liabil- ity 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 Passen- ger and by the maximum deductible specified in Article 8 (4) of the Athens Conven- tion or EU Regulation 392/2009. Wherecarriage isperformedon inlandwaterways,and thevesseldoesnotgo tosea 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 accord- ance with English law (the Merchant Shipping Act) and The Convention on Limita- tion 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: https://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 Stras- bourg 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 Conven- tion 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 informa- tion 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 sup- pliers. Additionally, we cannot accept liability for any business losses or ex- penses 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 theseparticularneeds inadvance.For thepurposesof thisclause,“unavoid- able and extraordinary circumstances” mean warfare, acts of terrorism, signif- icant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditionswhichmake it impossible to travelsafelyback toyourdeparturepoint. 11. YOUR 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 termina- tion, 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 profes- sional 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. ForCruisebookings,atanyportorplacewemay refuse toembarkormaydisembark 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 pres- ence 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 pas- sengers at risk) we will not be liable for expenses thus caused and in such cases as above therewillbenoentitlement toany refundorcompensationandwewillhave 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 re- quire 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 pro- vide 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 todate traveladvicecanbeobtained from theForeignandCommon- wealth 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. 14. INSURANCE 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 2019 and the details and prices contained in it arevalidup toand includingSeptember2020butmaybesupersededbysubsequent 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 respon- sibility for ensuring that proper security measures are in place to protect your infor- mation. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, ships, hotels, transport companies etc. The informa- tion may also be provided to security or credit checking companies, public authori- ties such as customs/immigration if required by them, or as required by law. Please refer toourPrivacyPolicy for further informationonhowweuseyourpersonaldata. 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 particu- lar, 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,airlineorother transport suppliermayhoweverpay foror 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 arrange- ments. 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 arrange- ment, 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 compensa- tion 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 pay- ment 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 compen- sation 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 pas- senger(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 re- ceipt 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 servic- es 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