Travel Terms & Conditions
General Terms and Conditions
These Terms and Conditions should be read carefully and apply when we are the organiser of your package including travel by air and a cruise. In all other cases Fred. River Cruise is simply an agent for Dr. W. Lueftner Reisen GmbH trading as Amadeus River Cruises and Lueftner River Cruises and you will receive a Confirmation Invoice from us on their behalf after the booking has been made. Where we act as an agent, only clauses 16 to 17 apply and you should ask for a copy of Dr. W. Lueftner Reisen GmbH’s booking conditions before confirming your holiday if you have not seen them already. The transportation of passengers and baggage on a vessel of the Amadeus fleet is governed solely by the Terms and Conditions of the Passenger Ticket Contract (available on request).
Your contract is with Fred. Olsen Travel Ltd (“FOT”), a company registered in England and Wales (Company Registration No. 2287241). A contract will exist when we have accepted a deposit and issued our confirmation invoice. These Booking Conditions, together with any other information brought to your attention before you booked your package, form the basis of your contract and set out our respective rights and obligations, and all bookings are accepted by us subject to these Booking Conditions, which are 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 live there and wish to do so. In these Booking Conditions, references to “we” and “us” mean FOT and “you” and “your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made.
1. Reservations, Deposit and Final Payment
1.1 To make a reservation please contact Fred. River Cruises, Olympus House, 2 Olympus Close, Ipswich IP1 5LN on 0800 035 6411, email firstname.lastname@example.org, website www.amadeus-rivercruises.co.uk, or contact your preferred ABTA agent.
1.2 A minimum, non-refundable deposit of 10% of the total holiday cost is required at the time of booking. In addition to the deposit, payment for flights and other services may be required and may also be non-refundable. A receipt will be issued upon payment.
1.3 The remaining balance must be paid no later than 90 days prior to the embarkation or departure date. Bookings made less than 90 days prior to the embarkation or departure date must be paid in full on confirmation of the reservation. If the balance is not paid in time, we reserve the right to cancel the booking and retain the deposit.
1.4 A surcharge may apply to payments made by credit card.
1.5 All monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. In the unlikely event of our failure, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
2.1 The price of the package includes:
(i) Transport for the outward and homeward bound journeys, including transfers, outlining the type of transport, characteristics and category as featured in the contract or documentation submitted to you.
(ii) The accommodation, with the board type featured in the contract or in the documentation submitted to you. Special diets (vegetarian or special diets) are only guaranteed if they have been agreed by the parties when the contract is formalised.
(iii) All other services and complements specified in the brochure or which is expressly stated in the contract or documentation submitted to you.
2.2 The price of the package does not include Visas, and/or government charges for entering and leaving any of the countries included in the itinerary, that will be paid directly by you if required by the local authorities, tourist charges for accommodation, excess luggage, vaccination certificates, on board laundry service, or excursions except where specifically stated as included. We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays within 7 days of the booking.
2.3 Price review. Pricing is accurate at time of printing. Changes in (transportation costs, including the cost of fuel) (dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports) and (exchange rates) mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1 per person together with an amount to cover any agent commission. If this means you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within 14 days from the date on your final invoice. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that any 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.
3. Financial Protection
3.1 We provide full financial protection for our package holidays.
3.2 For flight-based holidays this is through our Air Travel Organiser’s Licence number 0944. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative).
3.3 In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
3.4 If we 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.
3.5 When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by Fred. Olsen Travel Ltd with ABTA. For further information, please see www.abta.com.
We are a Member of ABTA, membership number 96925. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
5. Passport and Visa Requirements
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. You must check requirements for your own specific circumstances with the relevant Embassy and/or Consulate and your own doctor as applicable. Your passport must be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the relevant Embassy. For further information, please contact the Passport Office on 0870 5210410 or visit www. passport.gov.uk. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk. We do not accept any responsibility if you cannot travel or participate in particular shore excursions because you have not complied with any passport, visa or immigration requirements.
6. Cancellation by You
You may cancel your contract subject to notice to us in writing and payment to us of a cancellation fee in accordance with the following scales:
|More than 90 days prior to departure||10% of full holiday price plus non-refundable items|
|89 to 60 days||35% of full holiday price plus non-refundable items|
|59 to 30 days||50% of full holiday price plus non-refundable items|
|29 to 15 days||80% of full holiday price plus non-refundable items|
|14 to 0 days||100% of full holiday price plus non-refundable items|
We strongly recommend you take out suitable insurance to cover you for possible eventualities that would require you to cancel your holiday. Holiday insurance premiums are not refundable in the event of cancellation.
7. Changes by You
If, after our confirmation invoice has been issued, you wish to change any part of your booking you must inform us in writing. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. All changes will be subject to a charge of £30 and any further costs we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you and a cancellation fee may be payable. Please note that it is important at the time of booking to advise the names of travellers that match the name given on their passport. Failure to do so will usually result in a name change charge by the airline.
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate. However, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
9. Changes or Cancellation by Us
9.1 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. If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price differenceif the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. In some cases, we will also pay compensation. These options don’t apply for minor changes. Examples of minor changes include alteration of your outward/return travel by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, and changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.
9.2 Alteration of the holiday may be made of necessity or because it appears to us 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, we will make reasonable efforts to ensure that any changes are as limited as practical. Such alteration will not amount to material alteration of the holiday contract.
9.3 We will not cancel your travel arrangements less than 14 days before your departure date, except for reasons of force majeure (see 9.5). We may cancel your holiday before this date if, for example, you fail to pay the final balance on time (see 1.3).
9.4 We reserve the right in our absolute discretion to terminate without notice the holiday arrangements of any customer whose behaviour is such that it is in our opinion likely to cause distress, damage, danger, or annoyance to our customers, our/supplier employees, or to any third party, or to property. If you are prevented from travelling because, in our or our suppliers’ opinion, you appear to be unfit to travel or likely to cause discomfort or disturbance to others, our responsibility for your holiday ceases and we shall be under no obligation to pay any refund, compensation or costs to you. Please note that we have no control over the behaviour of other persons staying at or visiting your holiday accommodation and we are not responsible for any withdrawal or impairment of facilities or other loss or damage caused by them. Under no circumstances are you entitled to share or sub-let your accommodation with anyone other than those individuals shown on your booking.
9.5 We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of force majeure. For the purposes of these Booking Conditions, force majeure means any unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, civil commotions, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport, interference by authorities, requisitioning of the Vessel, perils of the sea, foundering of the Vessel, explosion, insurrection and government restraint, or any other cause whatsoever beyond our reasonable control. In particular, unusually low or high river water levels may cause changes to the itinerary, possible re-embarkation on another vessel or transfer(s) by coach or rail, or even to a shortening of the journey. The Vessel’s captain sometimes has to take such decisions quickly, and as such, these measures may not justify your withdrawal from the contract, and you may not derive from them any claims on us or our suppliers, especially claims for compensation in damages.
10. Disabled Passengers
We are not a specialist disabled holiday company, but welcome guests with special needs and we will do our utmost to cater for any special requirements you may have. You are required to advise us in writing, at or prior to the time a holiday is booked, of any physical, emotional or mental condition which may require professional attention during the holiday, including those passengers who are physically challenged and require the use of wheelchairs or other similar facilities. All vessels and coaches are equipped to European standards. Vessel operators will, under appropriate circumstances, permit passengers to use motorised scooters and wheelchairs that satisfy criteria confirmed by Amadeus River Cruises. In all cases passengers must understand and accept that the vessels do not have lifts permitting easy access from deck to deck, and that some decks are multi-level and/or have significant thresholds to be negotiated. Accordingly, physically disabled passengers may need the services of a responsible adult, and should be aware that crew availability to assist them is often severely limited.
Due to the nature of the cruise itineraries, Amadeus River Cruises does not maintain facilities or services for children aboard their cruise vessels. On all cruises and cruise journeys, minors under the age of 18 must be accompanied and share a cabin with a parent, legal guardian or other responsible adult over the age of 21. We regret that we cannot accommodate children under 12 years of age, and we reserve the right to limit the number of minors under the age of 18 years on board.
12.1 If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements.
12.2 Our liability or that of any other party acting as operator or otherwise involved in the supply of services under this contract may be limited by international conventions including the Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels (CLNI), with protocols and amendments, together with the further provisions of the International Convention of Limitation of Liability for Maritime Claims, 1976, with revisions and amendments. Where these or any other conventions apply to any service or accommodation supplied during any part of the holiday, no matter by whom the service or accommodation supplied is directly performed, the limits of liability afforded by such conventions apply to us and any other party acting as operator or otherwise involved in the supply of services during the holiday.
12.3 We accept no liability or responsibility, whether occasioned by railroad, coach or any other conveyance, for any injury, damages, loss, accident, delay or irregularity which may be occasioned either by reason or defect, through the acts or defaults of any company or person, or in carrying out the arrangements of the holiday, as a result of any cause beyond our control. You specifically release us from all claims for loss or damage to baggage orproperty or from personal injuries or death, or from loss or delay, arising out of the acts, omissions or negligence of any independent contractors, such as air carriers, hotels, shore excursion operators, restaurateurs, transportation providers, medical personnel or other providers of services or facilities. All arrangements made with independent contractors, including medical services, are made solely for convenience to participants and are done at the participant’s own risk. Medical personnel are independent contractors. We specifically disclaim all liability for damages for emotional distress, mental suffering or psychological injury of any kind. Under no circumstances shall we or Amadeus River Cruises be construed as a carrier under a contract for safe carriage of the passenger or his or her belongings.
12.4 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 our part or that of 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 our control, the consequences of which could not have been avoided by the exercise of due care, or an event which we 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/river conditions.
12.5 No liability is accepted in respect of arrangements or commitments made by or on behalf of you that are not part of the holiday contract.
12.6 All carriage (by land, air and sea) is subject to the conditions of carriage of the actual operator/carrier. These may limit or exclude liability. Save as otherwise provided in these Conditions, the carriers’ conditions of carriage are expressly incorporated into the Contract and are deemed to be expressly accepted by you at the time of the Booking. Copies of these Conditions are available on request from us.
13.1 If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier, vessel officer) immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us at our address (see 1.1), giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services without delay and complete a report form whilst on holiday. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract. Please also see clause 4 on ABTA.
13.2 We shall not be required to refund any amount paid by any passenger who must terminate their holiday prematurely for any reason, nor shall we, Amadeus River Cruises or the owners or operators of the vessels identified in this brochure be responsible for the lodging, meals, return transportation or other expenses incurred by such passengers.
14.1 This publication is the sole responsibility of FOT. 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 and may limit the airline’s liability to you in certain circumstances.
14.2 The prices quoted in this brochure do not include flights, which will be added as part of your holiday package with us.
14.3 We shall provide details of the relevant airline routing and any intermediate stops as soon as possible, but any changes to the actual airline or routing are considered to be a minor change and if this happens, you will not be entitled to cancel without penalty nor will compensation be paid.
15. Travel Insurance
We reserve the right to refuse or cancel a booking if you do not have personal travel insurance. We will treat any cancellation for this reason as a cancellation by you and the cancellation charges will be payable as set out above. Please read your policy details carefully and take them with you on holiday.
It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs, and covers all travel, cancellation, medical and repatriation liabilities for the holiday. We reserve the right to request full details of your insurance policy, however please note that we do not check insurance policies for suitability. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover.
16. Acting as Agent
Where we act only as agent for Dr. W. Lueftner Reisen GmbH trading as Amadeus River Cruises and Lueftner Cruises, we will pass on a confirmation invoice on their behalf with the holiday price converted to Sterling, which you should check to ensure accuracy. In these situations, our liability is limited to situations of proven negligence on our part, and any other claims must be sent direct to Dr. W. Lueftner Reisen GmbH with whom you shall be in contract. In these circumstances, all monies you pay to the travel agent are held by him on our behalf at all times.
Personal details will be held and processed by us to enable fulfilment of the holiday contract. You hereby agree to this information being passed to any third parties in order for the supply of the holiday. Personal details supplied to us may also be used for marketing purposes. Marketing communications from us will allow you the opportunity to opt out of further marketing communications. We will not disclose personal details to third parties for marketing purposes without express permission.