ENGLISH HOLIDAY CRUISES LTD
TERMS & CONDITIONS UPDATED 1ST JANUARY, 2021
PASSENGER PROTECTION STATEMENT
The combination of travel services offered to you is a package covered by the Package Travel and Linked Travel Arrangements Regulations 2018. English Holiday Cruises Limited will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have protection in place to refund your payments.
Key rights under the Package Travel & Linked Travel Arrangements Regulations 2018
• Travellers will receive all essential information about the package before concluding the package travel contract.
• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
• Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
• Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
• Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
• If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
• Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
• The organiser has to provide assistance if the traveller is in difficulty.
• If the organiser becomes insolvent, payments will be refunded. English Holiday Cruises Limited is a member of Protected Trust Services (PTS) of 307-315 Holdenhurst Rd, Bournemouth, BH8 8BX, Tel 020-3820-1339, www.protectedtrustservices.com Travellers may contact this entity if services are denied because of English Holiday Cruises Limited’s insolvency. Further details are given in clause 17 below.
The Package Travel & Linked Travel Arrangements Regulations 2018 can be found at:
BOOKING TERMS & CONDITIONS
1. Booking & Paying For Your Arrangements
A booking is made with us when you pay us a deposit (or full payment if you are booking within 60 days of departure) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between us as soon as we have issued your booking confirmation with details of your booking. Upon receipt, if you believe any details on the booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 60 days prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled in which case the cancellation charges set out in clause 8 below will become payable.
We endeavour to ensure that all the information and prices in our website and brochure 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 you make your booking.
Adequate travel insurance is a condition of your contract with us. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
You must be satisfied that your insurance fully covers all your personal requirements including cancellation charges, pre-existing medical conditions, medical expenses and loss of personal possessions. Details of a suitable are available from Just Travel Cover, contactable via 0800 294 2972 or at https://englishholidaycruises.justtravelcover.com/
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
There will be no change made to the price of your confirmed holiday once you have confirmed your booking, other than to correct any errors.
5. Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
6. Cutting your holiday short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed nor be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
7. If You Change Your Booking & Transfers of Bookings
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £45 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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. A cancellation fee may be payable in accordance with clause 8.
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 more than 7 days before departure;
c. you pay any outstanding balance due, an amendment fee of £45 per person transferring, and 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 8 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
8. If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date we receive it.
Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
More than 60 days
£100 per person
30 to 60 days
50% of holiday cost
Less than 30 days
100% of holiday cost
If we are able to resell your cabin prior to sailing we will refund your monies, less an administration charge of £45/person and less any difference between the price you had paid for the booking and the price we were able to resell the cabin for (if lower). Please note that insurance premiums and amendments charges are not refundable in any circumstances.
Please also refer to the ‘Important Note’ in Clause 7 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 from any monies you have already paid.
Cancellation by you due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause 8 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.
9. If We Change or Cancel
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make an insignificant change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include a change to your boarding time of less than 12 hours or a minor alteration to your cruise itinerary which nevertheless provides equivalent hospitality, interesting tours and overall value for money. This may for example include rerouting a River Severn cruise to a cruise on the Gloucester-Sharpness canal.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
(a) A change to your boarding time or overall length of arrangements of over 12 hours.
(b) A significant change to your itinerary which shortens your cruise holiday by more than 12 hours.
Please note the cruise programme and outside tours may need to be altered by us or the Captain of your vessel to suit the river conditions, weather, mechanical breakdown or unexpected closures of attractions. On such occasions we will notify you of any change as soon as we can after we become aware of it. In the event of a route change we will still provide the normal programme of accommodation, meals and entertainment and an alternative programme of guided tour and such change will be an insignificant change for the purposes of these booking conditions.
We will always seek to provide the cruise which we advertised but due to the nature of cruises this cannot be guaranteed if the river conditions, weather or mechanical difficulties make it unsafe or if local attractions are temporarily unavailable for tours. Any decision to alter the cruise programme will be at the discretion of us or the Captain of your vessel. Where a decision is made based on Force Majeure circumstances (see clause 10 below) which amount to a significant change, we shall not be liable to pay you any compensation.
Cancellation: We will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure 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 cruise is not reached.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i (for significant changes) accepting the changed arrangements; or
ii having a refund of all monies paid; or
iii accepting an offer of an alternative cruise holiday of a comparable or higher standard from us, if available (at no extra cost); or
iv if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
(a) If, where we make a significant change, you do not accept the changed arrangements 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.
Our Notice Period
60 days or more
60-42 days before departure
41-28 days before departure
27-14 days before departure
0- 14 days before departure
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
(a) where we make an insignificant 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 arrangements 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 confirmed booking requested by you.
(f) where we are forced to cancel or change your arrangements due to Force Majeure (see clause 10).
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
10. Force Majeure
Except where otherwise expressly stated in these Booking 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 Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, the outbreak of other infectious diseases (whether affecting humans or otherwise), which restrict free movement at the travel destination such as foot and mouth disease, 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 or the failure of other vital equipment managed by the waterway authorities, natural or nuclear disaster, high or low water levels in rivers, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the concerned suppliers’ 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. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
11. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location or other reasonable requirement. You should then confirm your requests in writing. Whilst every effort will be made to try and arrange reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
Please note that unfortunately we cannot accept bookings in respect of any children who will be less than 12 years old on the date of departure of the cruise, nor can we accept pets on board any of our cruises.
12. Disabilities and Medical Problems
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please call to provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. Examples might include limited mobility, hearing or sight or special sanitary arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. 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.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the Captain of your vessel, hotel manager or other relevant supplier immediately and they will endeavour to put things right. If your complaint is not resolved locally, please contact English Holiday Cruises on 01452-410411.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect our and our supplier’s ability to investigate your complaint and will affect your rights under this contract. Please note that alternative services for dispute resolution are available through www.citizensadvice.org.uk and www.gov.uk/find-local-trading-standards-office
14. Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of the Captain of your vessel’, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave the cruise vessel, your hotel or other arrangement immediately. We will have no further obligations to you and/or your party. No refunds for 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 loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to ourselves, the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
15. Our Responsibilities
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking 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 or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the acts and/or omissions of the person affected; or
(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
(c) Force Majeure (as defined in clause 10).
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount
we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of a stay in a hotel: The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Paris Convention (with respect to hotel arrangements). You can ask for a copy of this Convention by contacting us.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out herein.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) Which on the basis of the information you gave us concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur loss if we breached our contract with you; or
(b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(8) 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 free transportation back to the departure point. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism,
significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to cruise safely back to your departure point.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
17. Insolvency Protection – Deposits held in Trust
English Holiday Cruises Ltd is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to advise that in accordance with The Package Travel and Linked Travel Arrangements Regulations 2018 all passenger deposits will be held in a Trust Account managed by Protected Trust Services (PTS) and released by independent Trustees to English Holiday Cruises only when we have delivered your cruise holiday. PTS is registered with the Financial Conduct Authority and English Holiday Cruises Ltd are PTS Member number 5564.
Claims: In the unlikely event that services are denied because of any insolvency of English Holiday Cruises Ltd, customers affected should contact Protected Trust Services at 307-315 Holdenhurst Rd, Bournemouth, BH8 8BX, Tel 020-3820-1339, and www.protectedtrustservices.com Please ensure you retain the booking confirmation as evidence of cover and value.
If you book arrangements other than a package holiday from us, your monies will not be financially protected. Please ask us for further details.
18. Passport, Visa, Immigration Requirements & Health Formalities
All of our cruises take place within the United Kingdom. It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements on travelling to the UK. 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.
19. Conditions of Suppliers
Some of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
20. Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not due to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative arrangements or other assistance you require. Any supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
21. Delays and Missed Transport
We cannot accept liability for any delay which is due to any of the reasons set out in clause 10 of these Booking Conditions.
Important Note: In no circumstances will we be liable to you for any additional services which you book via a third party in connection with the travel arrangements. For the avoidance of doubt, if we have to cancel the travel arrangements for any reason we shall not be liable to compensate you for any such additional services which you have booked in connection with the cancelled travel arrangements. This clause shall include but not be limited to any transport arrangements to join the cruise.