Any booking for a Star Clippers Holiday is accepted on these terms and conditions which should be read carefully.

How to Book
1. Please call Fred. Olsen Travel, Crown House, Crown Street, Ipswich, Suffolk IP1 3HS (Telephone: 01473 292029; Fax: 01473 292030), or go to any ABTA travel agent. Prior to making a booking you should ensure that you have read and are prepared to accept these terms and conditions, and have available the information required.

The Contract
2.1 Once Fred. Olsen Travel has accepted the booking and all payments due at the time of making the booking, then subject to the further provisions of this section a contract exists on these terms and conditions and covers each passenger in respect of whom the booking is made. Bookings must be accepted by Fred. Olsen Travel and cannot be accepted by any third party. Fred. Olsen Travel has the right to refuse to accept a booking even if a deposit has been paid.

2.2 Fred. Olsen Travel is a trading name of Fred. Olsen Travel Limited, a Company registered in England and Wales (Company Registration No. 2287241). Fred. Olsen Travel is a member of ABTA (no. V3510). It is bonded as a Tour Operator, and holds an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (ATOL 0944). This ensures that where the holiday includes flights, in the unlikely event of insolvency of the licence holder, the CAA will arrange to refund money paid for an advance booking and ensure that passengers are not stranded abroad.

2.3 The ‘STAR CLIPPER’ ‘STAR FLYER’ and ‘ROYAL CLIPPER’ are vessels under the sole control and management of Star Clippers Inc. (‘Star Clippers’) 7200 NW 19th Street, Suite 206, Miami, Florida 33126, USA. Star Clippers has appointed Fred. Olsen Travel to act as exclusive Sales Agent in the UK for the sale of cruise holidays on board these vessels. The contract for the holiday is subject to the availability of the vessel booked. In some circumstances the vessel may become unavailable after the booking has been made. These circumstances may include (without restriction) the charter of the vessel to a third party. If the vessel booked becomes unavailable for any reason then the passenger will be informed as soon as practical. In this event if possible and subject to availability an alternative Star Clippers Holiday will be offered to the passenger. If any such alternative cannot be offered or the alternative offered is not acceptable to the passenger then a full refund of all amounts paid for the Star Clippers Holiday will be made. However there will be no responsibility or liability to the passenger with respect to flights, accommodation or other arrangements that do not form part of the Star Clippers Holiday booked.

2.4 Star Clippers Holidays are planned far in advance and the contract is for the holiday booked subject to alterations that may be made as a result of events, changes of circumstances or other factors that have occurred or arisen since the holiday was planned. This is dealt with further below under ‘Alteration and Cancellation by Operator’. In no circumstances will there be any responsibility or liability to the passenger with respect to flights, accommodation or other arrangements that do not form part of the Star Clippers Holiday.

2.5 The person making the booking warrants authority to contract on behalf of all those in respect of whom the booking is made. Fred. Olsen Travel, its employees, servants, agents and sub-contractors, the owner and operator of the ship and any other party involved in the supply of services in connection with this contract shall all have the benefit of all rights, exemptions and limitations in these terms and conditions. In no circumstances shall the total liability of any such party exceed that of Fred. Olsen Travel.

Deposit, Alterations and Final Payment
3.1 A deposit of £300 per person must be paid to Fred. Olsen Travel at the time the booking is made. Premiums for holiday insurance must be paid separately when due. Should passengers decide to take advantage of a special rate air fare, the full amount of the air fare will be required in addition to the deposit at the time of booking. The balance of the payment for the holiday is due and must be received by Fred. Olsen Travel 9 weeks before departure. Money must be paid in sufficient time for funds to reach Fred. Olsen Travel by the due date. If a booking is made within 9 weeks of departure, the full price must be paid at the time of booking. If for any reason the balance is not received by Fred. Olsen Travel by the due date, Fred. Olsen Travel reserves the right to cancel the booking, retain the deposit paid and charge a cancellation fee of the amount shown in the scale set out under ‘Cancellation by Passenger’ applicable at the time of Fred. Olsen Travel’s decision to cancel. If the balance is not received but the holiday is not cancelled or is rebooked, then the passenger will be liable to pay any increased cost including any increased air fare. Payment to or acceptance of any money by a travel agent or other third party does not constitute acceptance of a booking by Fred. Olsen Travel. A payment made to a travel agent or any other third party must be made in sufficient time for funds to reach Fred. Olsen Travel.

3.2 At the sole discretion of Fred. Olsen Travel a booking may be amended at the request of the passenger. An administration charge of £50 per person may be made for each such amendment accepted.

Holiday Price and Other Charges
4.1 Prices in this publication are based on operating costs and other factors at the date of preparation of this publication. Published prices may be revised upwards or downwards at any time. The Early Booking Discount and Consecutive Discount may be changed or withdrawn at any time.

4.2 The price of a holiday once booked may be subject to surcharges for the following items: transportation costs, including the costs of fuel; dues, taxes or fees for services payable at or in connection with passing through, arrival at or departure from any airport, port or place; government action such as increases in VAT or any other Government imposed increases; or currency exchange rate fluctuations. Only amounts in excess of 2% of the holiday price excluding insurance premiums and any amendment charges will be surcharged; any surcharge levied will include an amount to cover agent’s commission. If this means paying more than 10% above the holiday price quoted at the time of booking, the passenger will be entitled to cancel the holiday with a full refund of all money paid (not including any premium paid for holiday insurance) and amendment charges. Such a cancellation must be made within 14 days of the issue date printed on the surcharge invoice. If a surcharge is made notice will be given in writing. Failure to pay a surcharge within 14 days may be treated as cancellation of the booking by the passenger, and a cancellation charge of the amount shown under ‘Cancellation by Passenger’ applicable on the date of Fred. Olsen Travel’s decision to cancel will be made. No surcharges will be made less than 30 days before the date of commencement of the holiday, except in the case of late bookings received within this period, which will be charged at the published price plus the surcharge. A significant decrease in the cost of providing the cruise holiday may be passed on at the discretion of Fred. Olsen Travel.

4.3 Any medical services provided during the holiday are outside the scope of the UK National Health Service and charges may be made for services, drugs and other medical provisions.

Cancellation by Passenger
5. A booking may be cancelled subject to notice to Fred. Olsen Travel in writing and payment to Fred. Olsen Travel of a cancellation fee in accordance with the following scales:
(i) Cruises excluding ocean crossings:- 60 days or more before departure – deposit plus full amounts payable in respect of air fares; 59 days to 30 days before departure – full amounts payable in respect of air fares plus 50% of the balance of the full holiday price; 29 days or less before departure or failure to travel – 100% of the full holiday price.
(ii) Ocean crossings:- 120 days or more before departure – deposit plus full amounts payable in respect of air fares; 119 days to 90 days before departure – full amounts payable in respect of air fares plus 25% of the balance of the full holiday price; 89 days to 75 days before departure – full amounts payable in respect of air fares plus 50% of the balance of the full holiday price; 74 days or less before departure or failure to travel – 100% of the full holiday price.
The effective date of cancellation is the date of receipt of written notice by Fred. Olsen Travel. Cancellation fees may be insurable. (Holiday insurance premiums are not refundable in the event of cancellation.

Alteration and Cancellation by Operator
6.1 Published details of the holiday and details at the time of booking may be subject to alteration as a result of events, changes in circumstances or other factors that have occurred or arisen since the holiday was planned. Alteration may include omitting, substituting or adding ports of call or otherwise changing the itinerary (including routing of the ship or flights and port of embarkation and disembarkation), schedule, ship or other arrangements that form part of the holiday. Alteration of the holiday may be made of necessity or because it appears to Fred. Olsen Travel or any other party acting as operator responsible for the holiday or part of the holiday desirable for the safety, comfort or enjoyment of passengers or the operational efficiency of the holiday. Where possible and appropriate Fred. Olsen Travel will try to ensure that any changes are as limited as practical. Such alteration will not amount to material alteration of the holiday contract.

6.2 Any cabin, room or seating booked or notified may be changed to another of equivalent or higher standard to that booked at the sole discretion of Fred. Olsen Travel or any other party acting as operator and no such change shall amount to a material alteration of the holiday contract.

6.3 Where before departure it becomes not reasonably possible or practical to provide the cruise holiday (even by making changes) then Fred. Olsen Travel will give notice of cancellation of the holiday as soon as reasonably practical and the passenger will be offered a refund of all monies paid under the contract or, where possible, the choice of a replacement holiday.

6.4 Fred. Olsen Travel has the right up to 56 days before departure to cancel the cruise holiday or any part of it because the minimum number of passengers needed has not been achieved.

6.5 Where delay occurs during the holiday due to fault on the part of Fred. Olsen Travel or any other party acting as operator then alternative arrangements will be made where required to ensure the continuation of the holiday.

6.6 Where delay occurs during the holiday due to fault on the part of Fred. Olsen Travel or any other party acting as operator then alternative arrangements will be made where required to ensure the continuation of the holiday.

Conduct, Safety and Security
7.1 At any time during the holiday Fred. Olsen Travel or any other party acting as operator or otherwise involved in the supply of services under this contract may take such steps as are deemed necessary to prevent any risk to the health, safety, comfort or well-being of any person. This may include taking action to transfer the passenger or anyone else from one cabin or seat to another, to restrain, confine or otherwise deal with the passenger or anyone else as may be considered necessary, or to refuse to embark or to disembark the passenger or anyone else at any port or place. Fred. Olsen Travel or any other party acting as operator or otherwise involved in the supply of services under this contract may also take such action as may be deemed necessary to comply with any requirement or recommendation of any authority or advisor with respect to the protection of the health, safety, comfort or well-being of the passenger or any other person during the holiday.

7.2 Fred. Olsen Travel has the right to make, enforce and change (without prior notice) rules and policies for the conduct of passengers on board relating to matters including, but not limited to, dress, behaviour, alcohol and food. No animals, dangerous articles, or controlled or prohibited substances may be brought on the holiday.

7.3 For the safety and security of all passengers it may be necessary to search passengers, their cabins or luggage. Passengers will allow this to take place when authorised by the Captain or a security or other officer.
7.4 The passenger will be responsible for any loss or damage caused by that passenger during the holiday to any property or person or other third party or Fred. Olsen Travel, no matter how that loss or damage is caused. If a passenger causes such loss or damage then Fred. Olsen Travel may require that passenger immediately or at any time to pay to Fred. Olsen Travel an amount sufficient to cover, or on account of, any loss or damage so caused.

7.4 The passenger will be responsible for any loss or damage caused by that passenger during the holiday to any property or person or other third party or Fred. Olsen Travel, no matter how that loss or damage is caused. If a passenger causes such loss or damage then Fred. Olsen Travel may require that passenger immediately or at any time to pay to Fred. Olsen Travel an amount sufficient to cover, or on account of, any loss or damage so caused.

Liability
8.1 The liability of Fred. Olsen Travel or any other party acting as operator or otherwise involved in the supply of services under this contract may be limited by international conventions including those relating to carriage by sea and air.

8.2 Save as provided otherwise in these terms and conditions and subject to the provisions relating to liability, including limits in these terms and conditions, all arrangements for the provision of transport of passengers, their baggage and personal property, accommodation and other services are in addition to these terms and conditions subject to the terms and conditions of airlines and owners or operators of the cruise ships and all other service providers such as transfer operators, hotels etc.

8.3 Unless otherwise provided for by force of law or in accordance with these terms and conditions, the liabilities, duties, obligations and responsibilities of Fred. Olsen Travel or any other party acting as operator or otherwise involved in the supply of services under this contract shall be limited in accordance with the limits applicable to a carrier under the Athens Convention 1974 (Carriage of Passengers and Luggage by Sea), as modified and set out in parts I and II of Schedule 6 of the Merchant Shipping Act 1995 (‘the Convention’).

8.4 The liability of Fred. Olsen Travel or any other party acting as operator or otherwise involved in the supply of services under this contract, for death or illness of, or personal injury to, any passenger, or the loss of or damage to the luggage of any passenger is limited to the maximum amount specified in Articles 7 and 8 of the Convention save in the case of valuables (as defined in Article 5 of the Convention) where no liability is accepted unless such valuables have been deposited with the carrier for the agreed purpose of safe-keeping in which case liability will be limited to the limit provided for in Article 8(3) of the Convention.

8.5 No responsibility is accepted for loss or damage caused to passengers by failure to perform the contract or improper performance of the contract where the failure or improper performance happens without fault on the part of Fred. Olsen Travel or any other party acting as operator or otherwise involved in the supply of services under this contract because:
(i) it is attributable to fault on the part of the passenger; or
(ii) it is unforeseeable and unavoidable and attributable to a third party who does not supply services included in the holiday; or
(iii) it is due to unusual and unforeseeable circumstances beyond the control of Fred. Olsen Travel the consequences of which could not have been avoided by the exercise of due care, or an event which Fred. Olsen Travel or anyone who supplies services included in the holiday booked could not foresee or forestall including but not limited to circumstances related to unusual weather or sea conditions.

8.6 No liability is accepted in respect of arrangements or commitments made by or on behalf of the passenger that are not part of the holiday contract.

Claims
9.1 Any matter which might give rise to a problem, complaint or claim must be notified to the ship or hotel management, airline staff or other relevant supplier of services at the time of the incident. If the matter cannot be rectified immediately Fred. Olsen Travel must be notified as soon as possible and in any event notice of a claim must be given in writing to Fred. Olsen Travel within 30 days of the matter arising. Failure to give notice in accordance with these provisions may mean that the matter cannot be properly investigated or rectified and this may affect your rights.

9.2 Unless a longer period is provided for by force of law, any claim shall be time-barred if proceedings are not brought within 2 years of the end of the cruise.

9.3 Any claim or dispute arising out of or in connection with these terms and conditions or the holiday shall be dealt with in accordance with English law and any proceedings shall be brought before the Courts of England and Wales.

9.3 Any claim or dispute arising out of or in connection with these terms and conditions or the holiday shall be dealt with in accordance with English law and any proceedings shall be brought before the Courts of England and Wales.

Assistance
10. At Fred. Olsen Travel’s sole discretion, Fred. Olsen Travel may afford or arrangeassistance to any passenger who suffers illness, personal injury or death during the holiday. Such assistance may take the form of advice, guidance or initial financial aid where appropriate. Any expenses reasonably incurred for or on behalf of the passenger, either in this connection or otherwise in respect of matters that are not included in the holiday cost (including medical treatment and repatriation expenses) shall be repayable by the passenger to Fred. Olsen Travel in full on demand (whether or not the passenger has insurance cover for some or all of the expenses).

Material Facts
11. It is a condition of carriage that all material facts have been disclosed by the passenger to Fred. Olsen Travel as if Fred. Olsen Travel were an insurer. A material fact is a fact likely to influence insurers in the acceptance or assessment of insurance (for example, a matter relating to the state of health of the passenger or a close relative). Where there is doubt as to whether a fact is ‘material’ then it should be disclosed.

Mobility and Special Assistance
12. Passengers must give written notice to Fred. Olsen Travel at the time of booking of any disability, mobility problem, or any other condition requiring special care, attention or treatment. If any such condition arises after booking then written notice must be given to Fred. Olsen Travel as soon as possible. It may not be possible satisfactorily to accommodate a passenger with such a condition on board a Star Clippers vessel. Passage may therefore be refused to those with such a condition at the sole discretion of Fred. Olsen Travel or the operator. Women who will be more than 28 weeks pregnant at the end of the holiday are not permitted to travel. The carriage of children or infants may be subject to a minimum age.

Documentary and medical requirements
13. A full valid passport is required for all holidays, valid for at least 6 months after the date of return to the UK. The passenger is responsible for ensuring compliance with all necessary visa and other documentary requirements for the entire holiday, and shall have received all medical inoculations necessary (notwithstanding that Fred. Olsen Travel may provide advice on these matters from time to time). Advice on these matters may be obtained from the Foreign and Commonwealth Office. At any port or place Fred. Olsen Travel or any other party involved in the supply of services in connection with this contract may refuse travel or accommodation, or disembark any passenger without compensation who in the opinion of Fred. Olsen Travel or other party involved might be excluded from landing at any destination by Immigration or other Governmental Authorities or who may be suffering from contagious or infectious disease or whose presence may be considered detrimental to the safety or comfort of other holidaymakers or crew members.

Additional Information
14.1 This publication is the sole responsibility of Fred. Olsen Travel. It is not made on behalf of, and does not commit any airline mentioned or any other airline whose services are used during the course of the holiday. Notwithstanding this any rules, regulations, terms and conditions published by any such airline will apply.

14.2 When a holiday is purchased from another tour operator that includes a Star Clippers Holiday provided through Fred. Olsen Travel, the terms applicable to that tour operator will apply. Fred. Olsen Travel will only be responsible for the portion of the holiday provided by Fred. Olsen Travel in accordance with its agreement with that tour operator and shall in no circumstances have any liability greater than that provided for in these terms and conditions.

14.3 Prices for fly/cruises quoted in this publication are inclusive of specially negotiated airfares which are subject to availability. If no aircraft seats are available at such fares in conjunction with a particular cruise at the time of booking then the fly/cruise option will not be offered. Flight upgrades/premium seats for fly/cruises are limited in number. They will be allocated at the time of booking, subject to availability at the time of the cruise. Aircraft configurations are subject to change and in the event of a flight operator being unable to provide premium seats on any service then any payment of or towards an upgrade supplement will be refunded in full.

14.4 All published itineraries are based on current airline schedules. The passenger will be notified of any changes. Details of which aircraft operator will be used for the holiday booked and the type of aircraft operated cannot always be given at the time of booking and may be subject to change.

14.5 Personal details will be held by Fred. Olsen Travel as data to enable Fred. Olsen Travel to fulfill the contract to supply the holiday. This may involve passing these details on to third parties. Personal details supplied to Fred. Olsen Travel may also be used for marketing purposes. Marketing communications from Fred. Olsen Travel will allow the passenger the opportunity to opt out of further communications. Fred. Olsen Travel will not disclose personal details to third parties for marketing purposes without express permission..

Insurance
15. It is a requirement that travel insurance is taken out before traveling on a Star Clippers Holiday. This should cover all appropriate travel, cancellation, medical and repatriation liabilities for the holiday. Details must be provided on request and the passenger should ensure that they are available during the holiday. Additional Booking Forms can be obtained by telephoning Fred. Olsen Travel on 01473 292029.

[ JUNE 2008] – These terms and conditions are to be read in conjunction with the Star Clippers website..