1.1 The contract is between “Royal Scottish Shipping Line Ltd” (‘The Company’) and each person booking with the Company (including the parents or guardian of any person under 18 years of age) (“the Passengers”). Please note that information contained in the section headed “General Information” in our brochure or in these or any other comparable sections, and any other relevant information on our website also forms part of your contract with the Company.
1.2 The Lead Passenger warrants as a fundamental term of the contract that he/she has read these terms and conditions and has the authority to and agrees to be bound by them. Furthermore, that he/she is authorised by each Passenger named on the confirmation invoice (and, where such passenger is under 18, by his or her parents or guardian) to enter into a contract with the Company on their behalf. Unless otherwise indicated, the Lead Passenger warrants that the Passenger information given may be used by the Company or its partners for future marketing purposes.
1.3 No contract exists until the Company has received the full deposit (or, where appropriate, the full price) and a confirmation invoice has been issued. Please note that a contract will exist even if the Company is unable to confirm all holiday details at the time of booking. A confirmation invoice will be sent to the Lead Passenger. There is no charge for payment by credit card.
1.4 All details on the confirmation invoice (and on any additional documents produced by the Company) will be deemed to have been accepted unless the Company receives notification to the contrary in writing from the Lead Passenger within 14 days of the date of dispatch (which will be deemed to be 2 days after the date of issue). If any errors are not immediately identified and reported, any cost of rectifying the same at a subsequent date must be met by the Passenger. Please note that Passengers not following these instructions will be fully liable for any costs that may subsequently be incurred in rectifying errors at a later date. In the case of e-tickets these must be checked by Passengers and the Company must be notified of any errors immediately.
1.5 It is expressly agreed that all Passengers and their luggage are carried subject to the Conditions of Carriage that follow, some of which limit or exclude liability. Any compensation payable for non-performance or improper performance of land, sea and air carriage services shall be limited in accordance with the international conventions which govern such services.
1.6 For bookings made through an approved ABTA Travel Agent, the Agent may hold any monies paid on behalf of the Company.
1.7 The Company reserves the right to cancel bookings and levy cancellation charges on the scale in section 8 below if balance payments are not received in full at least ninety days before departure or by return post/credit or debit card for bookings taken less than ninety days before departure.
1.8 Travel insurance (directly with a third party) does not form part of your contract with the Company or of any “package”.
1.9 All employees, agents, contractors, sub-contractors, suppliers and insurers of the Company shall be bound by these Terms and Conditions.
1.10 These Terms and Conditions apply only to cruise packages booked directly with the Company and where the Company is acting as principal.
1.11 The contract and all other proceedings arising out of or in connection with it shall be governed by Scottish law and the jurisdiction of the Scottish courts. If and in so far as a claim against the Company is governed by the Athens Convention, it may be brought in any Court specified in Article 17 thereof.
1.12 Royal Scottish gives notice that all arrangements made by us are on the condition that we shall not be liable for any death, injury or damage, loss, delay or irregularity which may be caused by persons/animals or conditions out with our control. We cannot be held responsible for any mishap to yourself or your property, any losses or additional expense due to the consequences of flight cancellations, vehicle accidents, strikes, sickness, war, weather, Government or customs or police intervention or other such happenings amounting to Force Majeure. Royal Scottish and its employees are covered by public liability insurance up to a maximum of £2,000,000 in any one event. By signing our booking form, you acknowledge that Royal Scottish has taken all reasonable steps to safeguard its liability in this regard.
1.13 No unaccompanied children under the age of sixteen (16) can be carried. No children under the age of twelve (12) will be carried unless part of a whole-boat charter and then they are the responsibility of their parents/guardians always. No animals will be carried unless with prior permission.
2 THE BOOKING PROCESS
2.1 A deposit of 20% of the total fare due, or full payment for bookings taken within 89 days of departure, is due on booking. A higher amount may be payable if any supplier(s) require additional payments for a service prior to the balance due date. Payment of a deposit means acceptance of these Terms and Conditions. The Company takes no responsibility for credit card or foreign currency transaction processing fees levied by issuing banks.
2.2 If the deposit and/or balance are not paid on time, the Company reserves the right to cancel the contract and apply any cancellation charges set out in section 2.3 A reservation is not confirmed until the completed Booking Form and the non-refundable deposit of 20% of the total fee (or as otherwise agreed) has been received. Provisional bookings by phone, fax or e-mail will be held for a maximum period of seven days pending receipt of the completed Booking Form and deposit. Payment will be accepted by: –
– Visa, MasterCard or Maestro/Switch debit card.
– Cheque (please allow seven days for clearance).
2.3 Passengers with physical or mental disabilities or other conditions which may require special treatment or assistance (including Passengers who may require the use of a wheelchair) must advise the Company at the point of enquiry. They may then be required to complete a questionnaire and upon receipt of which they may be asked to accept additional Terms and Conditions before a confirmation invoice is issued and a contract entered into. We do however strive to accommodate all passengers.
2.4 The Company reserves the right to ask any Passenger to provide medical evidence of fitness to travel (In exceptional circumstances) at the time of booking or at any point up to the beginning of the cruise.
2.5 The Company may offer Passengers at the time of booking a guaranteed cabin booking (a “Guarantee Cabin”). The Company may (at its discretion) upgrade a Guarantee Cabin to a higher category cabin at no additional cost to the Passenger. If Passengers book two or more back-to-back cruises and one or more cruise includes Guarantee Cabins, it is possible that Passengers may be allocated different cabins on each cruise and may need to move between cabins on changeover day(s).
2.6 It is a fundamental booking condition that the Passenger accepts that in taking part in this sort of cruise there is an element of on-tour flexibility. The itineraries stated on our website and literature are indicative only and are not a guarantee that a particular route will be followed, or place reached. The Passenger must acknowledge that delays and alterations and the results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise. The Company, or the Ships Master, reserve the right to vary the cruise in any way the Company considers preferable due to adverse weather or any other conditions. Ultimate decisions regarding the safety of the vessel, its tender and those on board, rest with the Ships Master.
3 PRICES AND SURCHARGES
3.1 The Company reserves the right to alter the published prices of any of the holidays. Passengers will be advised of the current price of the holiday that they wish to book before any contract is confirmed.
3.5 All outstanding balances on onboard accounts must be settled in full before the Passenger finishes the cruise. If any Passenger fails to settle their onboard account, then the Company shall be entitled to take whatever steps may be necessary to recover the monies due and shall be entitled to pass on any costs incurred in doing so.
4 SHORE EXCURSIONS
4.1 The Passenger accepts that the Company while acting as agent to arrange shore excursion and shuttle services with local operators who may themselves engage the services of third party suppliers. The Company will at all times endeavour to appoint reputable and competent operators who comply with all prevailing local rules, regulations and standards.
4.3 Passengers should be aware that they may also be subject to terms and conditions imposed by local excursion operators.
4.4 In the event of an excursion being cancelled, the Company will take all reasonable steps to ensure that Passengers are offered a choice of an alternative excursion where possible. In the event the passenger cancelled the prearranged excursion then the passenger may incur a cost direct from the third-party excursion company.
5.1 The Company is not responsible for checking that Passengers have the correct level of insurance and will not be liable for any costs, howsoever arising, in excess of any travel insurance cover purchased or lack of. Passengers are responsible for all insurance required.
6 CHANGES TO BOOKING DETAILS BY PASSENGERS
6.1 The Company will do its utmost to ensure that amendments requested by Passengers are accommodated, but the Company makes no guarantee that these requests will be met. Any change request must be made in writing by the Lead Passenger and the Company reserves the right to pass on the costs of making any such changes.
6.2 Additional passengers or cruises may be added to a booking at any time subject to availability. In each case a deposit (or full payment, as may be relevant) and all other booking conditions must be met before the new contract exists.
6.3 Requests for significant amendments to booking details (sail date) received before the balance due date will be treated as a new booking. At the Company’s sole discretion, the original booking will either be deemed cancelled (or be subject to the cancellation charges set out in section 7) or will be deemed amended (and be subject to an amendment fee of £30 per Passenger). Any deposit paid, discount applied or promotion applicable to a booking that is cancelled or amended will only be transferred to a new booking at the Company’s discretion.
6.4 For minor amendments to booking details received before the balance due date (e.g. passenger name changes) an administration charge of £30 per Passenger affected will be charged.
6.5 After an amendment is applied a new confirmation invoice will be issued at which point the contract will be deemed to be amended accordingly.
7 CANCELLATIONS BY A PASSENGER
7.1 Cancellation policy: Any cancellation must be notified to us in writing by the person who made the booking. If you cancel your holiday:
More than 90 days prior to the start of your holiday/cruise, you will only be charged your deposit.
Between 89 and 45 days, you will be charged 50% of the holiday/cruise cost.
Between 44 and 21 days, you will be charged 75% of the holiday/cruise cost.
Less than 21 days before the start of your holiday/cruise or on or after the commencement of the cruise, you must pay the full holiday/cruise cost.
Note. We appreciate that wholly unforeseen events may result in cancellation. In view of the above and for your peace of mind we therefore strongly advise you to take out appropriate comprehensive Accident & Cancellation Insurance at the time of your booking.
7.2 A Passenger will not have a right to exclusive occupancy of a pre-booked cabin with two or more berths unless any applicable single occupancy premium has been paid. In the event of a Passenger becoming a single occupant of such a cabin due to a cancellation, he/she will become liable to pay any applicable single occupancy premium. Passengers are advised that certain reasons for cancellation are covered by their travel insurance.
8 CANCELLATION OR ALTERATION BY THE COMPANY
8.1 The Company reserves the right at its sole and absolute discretion at any time to cancel, postpone or alter without prior notice or consultation any cruise in whole or in part in order to safeguard its Passengers, its crew, its employees or the vessel in the event of war or threat of war, political unrest, terrorist activity or threat of terrorist activity, nuclear disaster, riots, civil strife, foundering, adverse weather conditions or other similar events (“Force Majeure”) or for any other valid operational reason.
If most of ports that the Company aims to visit during any one cruise have to be changed on Foreign Office advice before the cruise commences, the Company undertakes to offer Passengers an alternative cruise or refund of the cost of their cruise in full, less any insurance premiums paid.
8.2 If under clause 8.1 the Company cancels a cruise before the scheduled departure date it will offer, when possible, a subsequent alternative departure of similar standard (which must be accepted in writing within 14 days of the offer being made), or the choice of a full refund of all monies paid.
8.3 If under clause 8.1 the Company cancels a cruise after the scheduled departure date, it will return all Passengers as soon as practicable to the UK and make a proportional refund for any unused services.
8.4 In any of the circumstances mentioned above the Company shall not be liable to pay any compensation, nor shall Passengers have any further claim against the Company.
8.5 The Company and the Master of the ship are unable to guarantee that the ship will call at every advertised port or follow every part of the advertised route. They will at all times endeavour to maintain the advertised programme but reserve the right at their sole discretion to make any alternations they deem necessary.
8.6 The company also reserves the right to cancel any cruise by giving written notice at least eight weeks before departure if sales of that departure have not reached 60% of capacity. Under such circumstances the Company shall not be liable to pay compensation, nor shall Passengers have any further claim against the Company.
8.7 The Company reserves the right at its sole and absolute discretion to use a substitute ship of similar standard to the original ship should it prove necessary to do so.
8.9 If for any reason details of a cruise have to be altered before departure (and subject to Clause 8.1) the Company will notify the Lead Passenger as soon as possible where possible.
8.10 The Company will not be held responsible for, nor have liability in respect of, delays caused by third parties during passage through sea areas controlled by vessel traffic schemes, canals, rivers or any other navigable waterways.
9 MEDICAL AND OTHER CONDUCT
9.2 All Passengers must inform the Company of any sickness and/or diarrhoea experienced less than 48 hours prior to embarkation. In the interest of Passenger’s safety, the Company reserves the right at its discretion, to refuse boarding. In such circumstances the Company shall not be liable to pay any compensation, nor shall Passengers have any further claim against the Company.
9.3 Passengers affected by a disability or medical condition must be self-sufficient or travel with someone who can provide the necessary assistance at all times. At the point of embarkation, the Company reserves the right to refuse passage to any Passenger who had failed to notify the Company at the time of booking of any disabilities or the need for assistance or who, in the opinion of the Company is unfit to travel or who may constitute a danger to themselves or others whilst on board. Under those circumstances Passengers will receive no refund of the cost of any part of the unused cruise package.
9.4 The Company will endeavour to carry Passengers of limited mobility if it has been notified of such limitations at the time of booking (and has been informed of any deterioration in condition or new conditions between booking and travelling) and after any additional Terms and Conditions have been agreed by the Passenger and the Company in writing prior to departure. Passengers who use wheelchairs must be able to board the ship on foot, provide their own standard size collapsible wheelchairs and be accompanied by a travelling companion fit and able to assist them at all times.
9.5 Whilst the Company makes every effort to accommodate all Passengers’ needs, Passengers using wheelchairs may have restricted access in certain areas of the ship and may be unable to go ashore in certain ports, particularly those that require the use of tenders.
9.6 The Company does not accept any responsibility for Passengers unable to travel, or who incur any other loss because they fail to comply with any health formalities. The Company takes no responsibility for Passengers denied embarkation and/ or disembarkation on medical grounds. Cancellation of any part of the holiday that arises due to health requirements will be subject to cancellation charges as set out in section 7.
9.7 Any cost or expense reasonably incurred by the Company for or on behalf of the Passenger in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation or any other expense shall be repayable by the Passenger to the Company irrespective of whether the sum is covered by the Passenger’s travel insurance arrangements.
9.8 Unless approved by the Company in writing prior to departure, Passengers may not bring on board any controlled substances.
9.9 Persons completing the booking form are declaring that they, and all persons on whose behalf they are booking, are in good health and are sufficiently fit, mobile and agile. Any special health conditions or concerns which may affect your or other people’s enjoyment of the holiday/cruise must be notified to the Company prior to departure/embarkation date. The Master may refuse to carry any passenger or luggage on any cruise for any cause relating to the safety of the vessel or any property or any other persons on board. In such circumstances the passenger will not be entitled to any compensation or payment whatsoever. The company shall refund to the passenger any money paid in respect of the cruise except where a serious health concern has not been declared beforehand.
9.10 All personal services provided in connection with the Passenger’s cruise are provided solely for the convenience and benefit of the Passenger. Passengers accept and use personal services available on the vessel or elsewhere at the Passenger’s sole risk and expense without liability or responsibility of the Company. Passengers will be responsible for any diversion of the vessel, local and air transportation, medical evacuation, and repatriation expenses incurred by the Company on behalf of the Passenger. The Company assumes no obligation and shall have no liability to the Passenger to provide or pay for any medical treatment, onboard or ashore, or to provide medical evacuation or repatriation and the Passenger warrants that he or she is financially able to pay for such services, or has acquired travel, medical and evacuation insurance for this purpose. Passengers acknowledge and understand that travel by sea carries the inherent risk that medical care may be delayed or impossible due to the location of the Vessel, prevailing weather conditions or other circumstances.
The Passenger will be responsible for the cost of any diversion of the vessel, local and air transportation, medical evacuation, and repatriation expenses incurred by the Company on behalf of the Passenger.
9.11 Passengers may not bring on board any prohibited substances, any animals or any goods of a flammable or dangerous nature. Doing so will render the passenger strictly liable to the Company for any injury, loss, damage or expense suffered by the Company as a result. The Passenger will also be personally liable for any statutory penalties.
9.12 Passengers are required at all times to follow the instructions of employees and crew regarding the use of ship’s equipment and general behaviour whilst on board and the Company will not be responsible for any consequential injury, illness, financial or other loss incurred by Passengers if they fail to comply with the instructions they are given.
9.13 The Master (or any employee or member of the crew authorised by the Master) will be entitled to search the cabin and/or personal luggage of any Passenger suspected of being in breach of these clauses. In addition, any employee or crew member will be entitled to enter a Passenger’s cabin in order to carry out an inspection, or to undertake cleaning, maintenance or repair work, or to make the vessel safe for passage (fastening of portholes).
9.14 The Company has the right to refuse or revoke passage to anyone who, in its judgment, is in a physical or mental condition unfit for travel, or who may require care beyond that which the vessel can provide and under such circumstances the Company will offer the Passenger no refund of any part of the cost of their unused cruise package.
9.15 For security reasons, it may be necessary for servants or agents of the Company to search Passenger’s person, Passenger’s personal property (including baggage and goods traveling with Passenger), or Passenger’s cabins. Passengers agree to permit such search. Upon the request of authorized servants and agents of the Company. Passengers further agree to the removal, confiscation or destruction of any object which may, in the opinion of the Company, impair the safety of the vessel, her crew or any Passenger, or which may cause inconvenience to any Passenger.
9.16 If it appears that a Passenger’s conduct, behaviour or health has or is likely to endanger the Passenger’s own health or the health, safety or enjoyment of any other Passenger or crew or employee or makes the Company liable for any significant unforeseen costs including medical treatment or repatriation, the Company and/or the Master reserve the right to take appropriate action and make appropriate charges. Actions may include disembarkation, confinement to a particular cabin or confinement to a hospital or similar institution at any port. If, under the terms of this clause, the Passenger’s cruise is terminated the Company will offer the Passenger no refund for any unused part of their cruise package nor will the Company be liable for the cost of repatriating the Passenger.
9.19 The Company shall be under no liability whatsoever in respect of any claim arising from an accident which was not reported by the Passenger to the Master whilst onboard the Vessel.
9.20 Pregnant women may be required to supply a medical certificate attesting to their fitness for travel. The Company reserves the right to refuse passage to women who are more than 30 weeks pregnant at the time of embarkation who do not supply a current medical certificate.
9.21 It is the Passenger’s obligation and responsibility to seek medical assistance from a shore side medical doctor/dentist when necessary during the cruise. Though the Company will endeavour to seek this assistance at all times in order to accommodate.
9.22 Passengers are advised to ensure that their insurance covers medical treatment.
9.23 The Company accepts no responsibility whatsoever in relation to medical facilities provided ashore.
9.24 Medical facilities and standards vary from port to port and the Company makes no representations or warranties in relation to such standards ashore.
10.1 Any Passenger who encounters a problem during a cruise must immediately report it to the Ships Master or a senior member of the crew on the ship and ensure that the issue is recorded in the ship’s log together with any action taken to resolve it. If the matter cannot be resolved during the cruise, and the Passenger wishes to pursue a complaint, the Passenger must write to the Company within 7 days of final disembarkation, having first advised the Ships Master.
11 GUIDES AND GUEST SPEAKERS
11.1 Independent contractors retained by the Company, including but not limited to lecturers, guides, guest personalities, cruise hosts and entertainers are subject to change and/or cancellation without notice. The Company also retains the right to change any member of ship’s crew previously advertised or disclosed (e.g. the ship’s Master) without notice.
12 FINANCIAL PROTECTION
12.1 The Package Travel, Package Holidays and Package Tours Regulations 1992 require the Company to provide security for the monies that each Passenger pays for the package holidays booked with the Company and for your repatriation in the event of the Company’s insolvency. Full details of coverage will be provided at point of booking.
13 DATA PROTECTION POLICY(GDPR)
13.1 At Royal Scottish Shipping Line Ltd we are committed to protecting your privacy. This policy sets out how the Company will use your personal data after it has been collected by us through our website, brochures, speaking to our customer services staff or otherwise. This policy may be updated from time to time and we will contact you if there are any changes.
Where ‘you’ are referred to in this policy, this shall mean you and every member of your party. You should ensure that all your party members have read this policy and agree that you may act on their behalf in dealing with us.
Our registered office is at 25/16 Vincenti Buildings, Strait Street, Valletta, Malta, company registration number C68654
13.2 For our Passengers protection, we are registered under the Data Protection Act 1998 and have made appropriate notifications to the Information Commissioner’s Office.
What we collect and why – When you make an enquiry, join our mailing list or book a holiday with Royal Scottish Shipping Line we may need to collect information about you including (but not limited to) your name, contact details and company name and position (if applicable). We may also collect such data if you enter competitions, register for promotions, take part in surveys, provide us with feedback or make use of our ‘call you back’ facility. We may also collect payment details and/or relevant health information to process bookings. We require this information to understand your needs and provide you with the service you have requested. We also use it to advise you of information concerning your holiday booking, enquiry or other transaction. We may use the information to advise you of our new services, products, promotions, special offers and/or other information which we think will be of interest to you. We may use your data for our business management and operation and for monitoring, marketing and customer care purposes in order to achieve our aim to provide you with the highest standard of quality and service and increase our customers’ choices wherever possible. We will destroy all your personal information after the cruise has ceased if requested by you in writing.
Some of the information we collect may be ‘sensitive personal data’ (for example ‘special requirements’ data relating to disability, diet, health or religion) in which case we will only collect and pass it on to the ships Captain and then destroy after the cruise.
Who else do we give your details to? We do not share your personal information with any other companies that are not directly involved in your holiday. We may share your information with public authorities (e.g. customs/immigration), the relevant persons in a medical or death situation. Companies who process data on our behalf or to our professional advisers. We may also share your information with carefully selected market research companies that may contact you (by email, telephone or otherwise) to help us understand your preferences and help us to improve our products and services and the customer experience. When you make a booking or enter into a transaction this means you consent to our passing on such details.
13.3 On all of our direct marketing and email communications you will be given the opportunity to opt-out of receiving such communications in the future. If you do not wish us to use your data for direct marketing and email purposes please contact us at Kiloran Hall, Middle Balado, Kinross, KY13 0NH
Security We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.
Data Subject Access Request You are entitled to ask us by letter what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. There is no charge for this service and we will respond to legitimate requests within 40 days of receiving your written request.
Questions If you have any questions about Royal Scottish Shipping Line Data Protection Policy, please contact us at Kiloran Hall, Middle Balado, Kinross, KY13 0NH
PHOTOGRAPHY AND USE OF LIKENESS
14.1 During the Cruise the Company, its agents or concessionaires may photograph or record video images of Passengers individually or as general participants in activities. The Company and its concessionaires will take reasonable steps to avoid including Passengers in such photographs and videos. The Passengers will be asked to sign consent forms that the Company can use media material by those individuals taking photographs and videos and if it is his or her desire not to be included in such, we shall not use these.
15.1 Written notices must be mailed to:
Royal Scottish Shipping Line Ltd