These are the terms and conditions of booking which will apply to your Contract and govern your relationship with The Company. THESE TERMS AND CONDITIONS ARE BINDING ON THE PARTIES. Please read them carefully before you book.
“Sea Voyage(s)” are a reference to carriage on board the RMS ST. HELENA. “Fly-Cruise” means a booking for a Sea Voyage and a flight. All bookings are “Packages” within the definition of EU Regulation 314/1990 Sea Voyages / Fly Cruise Sea Voyages / Fly Cruise.
All Sea voyages are sold in the UK by AW Ship Management Limited as agents for St. Helena Line Limited. St Helena Line Limited is the organiser and is bonded with The Association of Bonded Travel Organisers Trust Limited (ABTOT) number 5273. Your contract will be with St. Helena Line Limited.
Fly-Cruises sold in the UK are organised and offered for sale by AW Ship Management Limited of 9 Alie Street, London, E1 8DE which is the organiser and bonded with ATOL No. 10977. Your contract will be with AW Ship Management Limited.
Sea Voyages and Fly-cruise arrangements are sold outside the UK by AW Ship Management Limited as agents for St Helena Line Limited and bonded with ABTOT number 5273. Your contract will be with St. Helena Line Limited.
All references to “The Company” in these terms and Conditions of Booking shall be references to the company with whom the passenger has contracted to purchase a Sea Voyage or Fly-Cruise.
Carriage by sea is provided on board the RMS ST. HELENA which is registered in the UK, owned by St Helena Line Limited and operated by AW Ship Management and Company Limited and AW Ship Management Limited (“The Carrier”). All references to “Vessel” or “Ship” shall be a reference to the RMS ST. HELENA or any substitute vessel.
1. Once you decide to book you must complete a booking form and you, or your travel agent, must send it to The Company with a deposit of 15% of the total price for the booking. The booking form must include all passengers’ names and be signed by an adult member of the party which shall be the “Lead Party”. The Company is entitled to assume that the Lead Party signing has been authorised to do so by the other passengers, and so in signing the booking form accepts these terms and conditions on behalf of every member of the party. A contract (“The Contract”) with The Company will not be concluded until the deposit has been paid and The Company issues a confirmation invoice. In respect of bookings made within 8 weeks of departure the full price must be paid at the time of booking.
2. The Lead Party warrants that he has authority to sign on behalf of all persons named in the booking form and agrees that his and their heirs assigns and personal representatives shall be bound by the terms and conditions forming the Contract.
3. All payments made by credit card (Visa and MasterCard only accepted) will be charged up to an additional 3% or such charge as made by the credit card company to cover commission charges.
4. The balance of the price of your booking must be paid for at least eight weeks before your departure date. If the balance is not paid in time, The Company reserves the right to cancel your booking and to retain your deposit and to charge cancellation fees as set out in paragraph 13 below.
5. The prices shown in this brochure may have changed by the time you come to book. Although we make every effort to ensure that the pricing shown in the brochure is accurate at the time of printing, regrettably errors do occur, and you will be advised of the current price of the Sea Voyage / Fly Cruise at the time of booking and before your contract is confirmed.
6. The price includes the entire costs of the services referred to in the confirmation invoice. In respect of the Sea Voyage the price includes provision of food but not wine or other beverages, accommodation and service on the ship from the time of embarkation until the time of disembarkation. Gratuities are not included in the price. Any passenger who arrives or remains on board the ship beyond these times will be charged at the current rate particulars of which can be obtained from the Carrier. Any account for the purchase of any goods or services on board the vessel including the provision of any medical services shall be settled in full before the passenger leaves the ship.
7. A passenger may not occupy a berth or cabin which has not been specifically allotted to him. The Company may at its sole discretion move passengers to cabins other than those allocated prior to joining the vessel.
8. A passenger holding a single ticket or return cruise ticket (not being a ticket at a special rate) may not break his journey at any intermediate port or ports. The ticket issued shall be valid only for the advertised journey for the passengers named in the booking by reference to the scheduled date.
9. An infant must be under 2 years of age at their return flight to qualify for infant status.
CHANGES AND OR CANCELLATIONS BY THE PASSENGER
10. If after the confirmation invoice has been issued you wish to make changes to your booking The Company will do its best to make these changes on your behalf. Any request to make changes must be made in writing by the Lead Party and must be received by The Company at least 8 weeks prior to departure, and accompanied by a payment of £40.00 administrative fee. The Company will pass on to you any costs imposed by any airline or land services, and in this instance these must be paid in full before a change can be implemented. Please note that certain travel arrangements cannot be changed after booking and carry a 100% cancellation fee for any changes made. Please check the total costs to be incurred before seeking to make any changes to your booking.
11. A booking may be cancelled at any time providing the cancellation is made by the Lead Party and is communicated to The Company in writing. The Company may apply the cancellation charges up to the maximum shown in the table in paragraph 13 below and may retain the deposit made for this purpose. The Lead Passenger will be liable for any excess amount. The Company will refund any balance once the cancellation charges have been applied. The cancellation date shall be the date on which notice of cancellation is received by the Company.
12. In the event of cancellation by the passenger of either the forward or return element of a return Sea-Voyage journey where there is a difference between the advertised fare for a single journey and a combined forward and return journey, the fare payable for the part of the passage retained by the passenger shall be substituted within this agreement and shall be due at the rates applicable to the relevant single journey. The applicable cancellation fee shall be derived as a percentage of the relevant single fare representing the cancelled part of the journey and the operative cancellation date shall be derived by reference to the scheduled sailing date of the cancelled part of the journey.
13. Cancellation Table
|Cancellation Date||Cancellation Fee|
|(days before sailing)||(% of fare)|
|6 and under||100%|
|7 – 13||90%|
|14 – 25||75%|
|26 – 45||55%|
|46 – 55||40%|
|Over 56||15% (loss of deposit)|
14. The company reserves the right to retain any cancellation fee from the monies paid by the passenger. In which event if a balance thereafter remains outstanding in respect of the journey identified in accordance with the foregoing it shall be due and payable no later than 8 weeks after the scheduled commencing date.
15. St Helena Government have announced that tickets for the air service to St Helena will go on sale from the 22nd September 2017. As a result an amendment has been made to the Terms and Conditions of carriage of the RMS St Helena to deal with those passengers who would prefer to book a flight and cancel their sea passage bookings. This new policy is copied below and can be found within the RMS Terms and Conditions of Carriage. Passengers looking to take advantage of this cancellation policy should book their flights and then contact their booking agent. Additional restrictions apply – please check the wording of the cancellation policy for details.
POLICY FOR CANCELLATION OF RMS BOOKINGS
(i) This policy replaces the “Cancellation by the Passenger” provisions in the terms and conditions of booking for the RMS St Helena only in respect of the cancellation of sea passage bookings made prior to 22 September 2017 or within 7 days of that date, in favour of travel on the new air service. The existing cancellation provisions for sea carriage will continue to apply to bookings made after 29 September 2017.
(ii) The air service to/from St Helena commences on 14 October 2017 followed by an extension to Ascension Island in November 2017.
(iii) Persons who have already booked to travel on the RMS St Helena during the period covered by voyages 263, commencing in Cape Town on 29 September 2017, to 268, ending in Cape Town on 11 February 2018 may cancel the booking and instead book to travel by air. A full refund with no cancellation charges will be made, subject to the following conditions being met:
– The RMS booking must have been made with the deposit and/or full payment made prior to or within 7 days of the date the air service ticket sales announcement made on 22nd September 2017;
– the flight selected for travel must be one prior to 17th February 2018;
– the flight selected for travel must be available and confirmation of the flight booking must be provided before a cancellation of your sea passage can take place; and once the cancellation of the sea passage has taken place we will have no further obligations to you. Your booking and contract for the flight will be with Airlink and the conditions of carriage of the airline will be applicable; and
– requests to cancel RMS bookings must be received within 1 month of the air service ticket sales announcement.
(iv) Whilst flight booking on-line is available, persons resident on St Helena who wish to avail themselves of the above should book the flight through Solomons who will also be administering this policy in respect of sea passage bookings made with them. This will facilitate a smooth transfer and reconciliation of monies paid.
(v) Persons who have booked sea passages in South Africa or the UK and who wish to avail themselves of the above should contact Andrew Weir Shipping (SA) Pty in Cape Town or AW Ship Management in London, provide the confirmation set out above and once approved a refund will be issued.
16. The advertised price represents the amount payable for the Sea Voyage/ Fly Cruise in accordance with the Company’s standard rates in force at the date of the booking. Prices may vary upwards or downwards but will not be increased after a booking is made except in the event of variations in (i) transportation costs including the cost of fuel, (ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation taxes or fees at ports or airports, or (iii) currency exchange rates. No increase will be passed on to you in respect of variations in price where the amount of such increase will be equivalent to 2% or less of the price of the booking. There will be no increase in price within 30 days prior to the scheduled commencement date.
17. In the event that such an increase is equivalent to 10% or more of the price of the booking, the passenger has the right to cancel the booking and receive a refund less any prior administration charges or insurance premiums paid or to accept the booking paying the increase in price. The Lead Passenger must notify The Company within a reasonable time or the period specified by The Company for to the passengers’ decision.
18. It is a condition of the Contract that the Passenger must have adequate travel and medical insurance in force for the entire duration of the journey which must include a minimum medical and repatriation coverage of £1,000,000. Evidence of insurance, must be provided at the time of booking or prior to travel. Resident taxpayers of St. Helena may be eligible to purchase medical and travel insurance from the St. Helena Cell Captive Scheme for journeys commencing at St. Helena and such insurance will meet the requirements of this clause. The Company strongly recommends that cancellation insurance is also included to protect your deposit or fare in the event of illness or similar events resulting in the curtailment or cancellation of your travel arrangements. You may require additional cover for any pre-existing condition you may have. You should consult your underwriters for confirmation that you are adequately covered.
19. The Company reserves the right to refuse passage to any person without valid and adequate travel and medical insurance or who is unable to produce evidence of that insurance.
20. Any Fly-Cruise offered by St. Helena Line Limited or AW Ship Management Limited, where there is a flight to be undertaken on an RAF aircraft, the RAF Terms and Conditions of carriage as printed on their ticket for that sector of the journey shall apply and be paramount and overriding. A copy of these can be obtained on request from AW Ship Management Limited.
21. Airfares for all flights as part of a package are subject to availability at the time of booking and are subject in seasonal increases. These will be advised at the time of reservation.
22. Flights are offered subject to availability, and are limited to specific airlines, airports and often to specific flights. Our flight Program is subject to supplements as applicable at time of booking. Supplements for flight upgrades may be available at time of booking.
23. In certain circumstances we may require full payment for flights and ancillaries at time of booking, and the amount paid for the flight element or ancillaries of the arrangements at deposit stage may be non-refundable. This will include pre-cruise and post- cruise arrangements. Please enquire at time of booking.
24. Under EU Law, you may have rights in some circumstances to refunds and/or compensation from the air carrier in cases of denied boarding, cancellation or delay to flights. Reimbursement in such cases is the responsibility of the airline.
25. The Warsaw Convention 1929 (whether as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) and the Montreal Convention 1999 and Hague Conventions of 1929 and 1955 relating to the international carriage of passengers and their luggage by air may apply to your booking. The Montreal Convention may be found at www.legislation.gov.uk. The Montreal Convention limits liability in case of death or injury to passengers for damages arising under Paragraph 1 of Article 17 not exceeding 100,000 SDR’s (equivalent to £96,286.24) for each passenger. Limits liability in relation to delay of baggage in case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the Carrier for each passenger is limited to 4,150 SDR’s (equivalent to £3,995.88). Please note that international conventions limit not only the amount the Company may be liable to pay but also the time within which proceedings against it may be brought. Where there may be no international convention which applies and in the case of loss or damage to personal possessions, luggage or valuables during carriage of any kind is limited to the same amount and in the same manner as that of the actual carrier of whatever kind.
26. Minors are persons under the age of 18 at the time of departure. Unless arrangements have been agreed in writing and a medical certificate of fitness is provided babies under 6 months on the departure date will not be carried on board the Vessel. Where a minor is to travel without the supervision of either a Parent or legal guardian, before The Company will accept any booking in the name of the minor, a Parent or legal guardian must provide a letter confirming the full details of the person with whom the minor will be travelling and identifying who is to assume full legal responsibility for the minor’s physical welfare, moral and personal safety (the “Nominated Individual”). The Nominated Individual must be over the age of 21 and shall be responsible for control of the minor at all times. The Company reserves the right to decline passage to a minor at their absolute discretion should they not be satisfied with the information provided, with the selection of the Nominated Individual or should they consider any arrangements made by the Parent or legal guardian to be insufficient in any way.
VISAS AND TRAVEL DOCUMENTS
27. It is your responsibility to ensure that you have valid and appropriate travel documentation including passports and visas for each person travelling with you for eligibility to by travel air and or travel at the time of embarkation and throughout the cruise and the various ports of call for the Cruise. It is your sole responsibility to ensure your legal eligibility to travel. You are advised to check with the appropriate Government authority to determine the necessary documents and travel eligibility requirements. If you or anyone travelling with you become ineligible to travel for any reason, or are travelling without proper documentation, then you will not be allowed to board the ship. Under no circumstances shall the Company or any Carrier be liable for any costs, damages or expenses whatsoever incurred by you or anyone else as a result of such denial of boarding.
28. In order to comply with various Immigration and Security requirements failure to supply at the time of booking details of the passport on which you intend to travel and details of your Next of Kin will result in your reservation being cancelled without compensation in any way.
29. No visas are required for St Helena, however all visitors to Ascension Island will be required to complete an entry permit prior to travel. A landing fee will be payable in UK sterling to immigration.
HEALTH, FITNESS TO TRAVEL AND DISABILITIES
30. You represent and warrant that you and everyone travelling with you are physically and otherwise fit to travel. You are solely responsible for checking with your doctor as to which vaccination or medication are recommended or required for the journey.
31. Passengers must advise the Company at the time of booking of any physical disability or infirmity, mobility problem (including the use of wheelchairs) or any other condition or course of medication requiring special care, attention or treatment. If such condition, disability, infirmity or problem arises after booking the Company must be informed as soon as possible. The Company reserves the right to require the production by the passenger of a doctor’s certificate. It may not be possible or practical to accommodate passengers with certain conditions, disabilities, infirmities or problems and the Company may at its sole discretion refuse to accept or confirm any booking or may, if the booking has been made, cancel it. If it appears to the Company or the master of the ship that the Passenger is for any reason whatsoever unfit to travel, or likely to endanger his health or safety or the health or safety or comfort of any other person on board the ship then the Company or the master of the ship may refuse to embark or disembark the Passenger at any port, transfer the Passenger from one cabin to another and confine or restrain or otherwise deal with the Passenger as may be deemed necessary. In such circumstances the Passenger shall not be entitled to any refund or compensation of any kind and shall be liable to pay any fines, losses or compensation due to the Company and/or any third party. The ship’s Doctor is authorised to charge for any professional attendance on the Passenger and such charges must be paid by the Passenger on demand and prior to departure from the vessel.
32. You are asked to provide full details if you or anyone travelling with you is unwell, infirm, Disabled or have reduced mobility and to provide full details:-
a) If you/they require a disabled cabin. The Ship has a one accessible cabin which is available on a “first come first serve” basis.
b) If you/they have any special seating requirements.
c) If you/they need to bring any electrical or other medical equipment on board.
33. If the Company or the Carrier considers that it is strictly necessary it may require a disabled person or person with reduced mobility to be accompanied by another person who is capable of providing the assistance required. This requirement will be based entirely on the Carrier assessing the person’s need on grounds of safety.
34. If you or anyone travelling with you has any particular conditions which require personal care or supervision then such personal care or supervision must be organised by you/them and at your/their expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.
35. The Company and the Carrier may refuse to carry any person who has failed to adequately notify them of any disabilities or needs for assistance in order for the Carrier to make an informed assessment that the person can be carried in a safe and operationally feasible manner on the grounds of safety.
36. The Company and/or the relevant port authorities shall be entitled to administer a Public Health Questionnaire at any time. You and all persons travelling with you agree to complete the pre-boarding questionnaire and to supply accurate information regarding any symptoms of illness including but not limited to gastro-intestinal illness. In the interest of health and safety The Company and or the Carrier may deny boarding to any person who has symptoms of any viral or bacterial illness including but not limited to Norovirus. Where illness is diagnosed on board the vessel you and all persons travelling with you agree that you/they may be required to remain in their cabins for such duration as required by the ship’s doctor. Refusal to complete the relevant pre-boarding questionnaire may in itself result in denied boarding. Refusal to remain in the cabin or otherwise reasonably co-operate or follow the doctor’s or Captain’s instructions following illness may result in being disembarked at the next port of call. Neither the Company nor the Carrier shall have any liability to you or any person travelling with you in the event of denied boarding or disembarkation.
37. If it is necessary to have any medical equipment on board the aircraft and or the ship the passenger must notify the Company at the time of booking in writing providing details of the type of equipment to enable the carrier to assess whether the medical equipment can be carried safely. If such equipment can be carried you must ensure that the medical equipment is safe to use. It is the passenger’s responsibility to arrange delivery to the aircraft and or the Ship prior to departure and to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies to last the entire Sea Voyage. The ship does not carry any replacement equipment and access to shore side care and equipment may be difficult and expensive. Passengers must be able to operate all equipment.
38. Due to regulations in St Helena no assistance dogs or other assistance animals can be carried on board the Ship.
39. Prenatal and early infant care, in particular, may require specialised diagnostic facilities and/or treatment that are not obtainable during the Cruise on board the ship. The ship’s doctor is not qualified to deliver babies or to offer pre or post natal treatment and no responsibility is accepted by the Company or the Carrier in respect of the inability to provide such services or equipment.
40. Unless arrangements have been agreed in writing and a medical certificate of fitness is provided women who are less than 12 weeks pregnant at the time of travel or more than 24 weeks pregnant at the time of travel will not be carried. The Carrier does not have on board its ships adequate medical facilities for childbirth, therefore all pregnant women should seek medical advice prior to travel.
PETS AND SERVICE ANIMALS
41. Pets and other animals including assistance animals are not allowed on board the Ship.
SPECIAL DIETS AND REQUESTS
42. The Company will endeavour, but does not guarantee, to meet any special diet requirements or special requests which you may have. These must be advised on the booking form at the time of booking.
43. Some foods may cause an allergic reaction in certain people due to intolerance of some ingredients. If you or anyone travelling with you has any known allergies, or is intolerant to any food, you/he/she is required to report it at the time of booking and must be clearly stated on the booking form. Full details of the allergy and precuations needed must be given. Neither the Company or the Carrier can guarantee that all precautions can be taken. It is your/their responsibility to ensure that you/they actively avoid any food you/they are allergic to. The Carrier will take all reasonable care if made aware in writing at the time of booking of any specific food or ingredient that you/they have an allergic reaction to and will assist you within reason to avoid any such food or ingredients if made aware by you/them prior to ordering such food. The Carrier is not under any obligation to prepare or provide special meals for you or anyone travelling with you. In extreme cases the Company may decline a booking if carriage may result in an unacceptable risk of injury/illness.
44. Passengers are restricted to 2 pieces of luggage per person per cabin with a maximum weight of 23 Kilos each.Airline allowances may be lower and excess charges may be payable if they are exceeded.
45. In the event of any of the passenger’s luggage is left behind at any port from any cause whatsoever including the negligence of the Company’s servants, the Company will endeavour to forward such baggage, if properly labeled or identified as the property of the passenger, to its port of destination by the first convenient opportunity, unless instructions in writing to the contrary are received by the Company before the luggage is sent forward. The transit of such luggage once it has been put on board the Company’s ship shall always be on the basis of the applicable conventions as set out in paragraphs 55 and 57 to 67. In no event shall the Company be under any greater liability in respect of such luggage be it accompanied by the passenger or not.
46. The Company and or the Carrier shall have a lien upon and a right to sell by auction or otherwise in their discretion passengers’ luggage or other property carried by the Company in satisfaction of fare or other charges (whether payable in advance or not) or monies becoming in any way due by the passenger to the Company or to any of the Company’s servants whether under the provision of this ticket or under any Bill of Lading or Non-negotiable receipt or otherwise, such right of sale to be exercisable without notice to the passenger on the passenger’s leaving the ship or failing to embark.
47. The Carrier and or the master shall have the discretion and absolute right to decide whether to deviate from the advertised route or schedule including cancelling port calls without notice, and calling at ports out of rotation. The Company shall not be liable to passengers in respect of any such deviation or the consequences thereof and any additional expenses incurred by the passenger save as set out in 51 below.
48. It is expressly agreed by the passenger that the master, or his delegated officer, shall be entitled to enter the cabin aboard the ship occupied by the passenger at any time for the purpose of searching for controlled or prohibited substances and/or items which the master suspects are in the cabin, or for the purposes of investigating any alleged offence or for the purposes associated with any repair or maintenance work aboard the ship. The master or his delegated officer shall, in such circumstances, be entitled to take with him any crew members that are deemed necessary for the purposes of such search, repair or maintenance.
CANCELLATION BY THE COMPANY
49. It is unlikely that The Company will need to make changes to your booking, The Company plans the arrangements many months in advance and occasionally changes may be made, and The Company reserves the right to do so at any time. Most of these changes are minor and The Company will advise you at the earliest possible date.
50. Flight timings and carriers in the brochure are subject to change as a result of airline procedures and these details are given for guidance only. Final details will be shown on your tickets. If a major change becomes necessary, The Company will inform you as soon as reasonably possible if there is time before departure.
51. The Company shall be entitled to cancel or curtail the journey in any way by reason of force majeure which shall include war or threat of war, riots, civil commotions, natural or other disasters, Acts of God, terrorist activities, fire, breakdowns, strikes or other industrial actions or any other events beyond the control of the Company. It is acknowledged that ship’s schedules and itineraries are dictated by the requirements of the Island of St. Helena. In the event of any change in the ship’s schedules or itineraries consequent upon changes in the commercial, logistical, or access requirements of the Island of St. Helena, as directed by The Governor or by an Executive Council decision, it is expressly agreed that such changes are regarded as occurring by reason of force majeure. Where the journey is cancelled or curtailed in accordance with this clause, the Company’s only obligation to the Passenger will be to refund the fare if the journey has not yet commenced or in cases where the journey has commenced the unused pro-rata portion of the fare.
52. In the event of the Company cancelling or significantly altering the journey for reasons other than force majeure as defined above, the Passenger shall be offered the choice of one of the following i) a full refund of the fare paid, or ii) an alternative journey at no extra cost with a refund of the difference in cost should the fare for the alternative journey be less than the one cancelled or altered. In circumstances where compensation is appropriate then compensation will be paid on the following scale: cancellation or significant alteration 56 days or more before departure – nil, 55-46 days before departure – £10 per person, 45-26 days before departure – £20 per person, 25-14 days before departure – £30 per person, 13-0 days before departure – £40 per person.
53. Subject to paragraphs 55 and 57 to 67 The Company accepts responsibility for ensuring the Sea Voyage/ Fly Cruise which you booked with The Company is supplied as described in this brochure and the services offered reach a reasonable standard. If any part is not provided as promised, The Company will pay you appropriate compensation if there has been a failure to properly perform the Contract and this has adversely affected your booking. Our liability in all cases shall be limited to £1000.00.
54. Subject to paragraphs 55, 56, and 57 to 62 below The Company accepts responsibility for death, injury or illness caused by the negligent acts/or omissions of our employees or agents together with our suppliers and sub-contractors, servants and/or agents of the same whilst acting within the scope of, or in the course of their employment in the provision of your Sea Voyages/ Fly Cruise.
55. We are not liable for any improper performance of the Contract or loss or damage which is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you or any member of your booking group, or attributable to someone unconnected with your booking and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
56. In respect of carriage by air, sea, rail and the provision of accommodation the liability of The Company in all cases will be assessed and limited in the manner provided by relevant international conventions and shall never exceed the liability of the relevant carrier or provider of services.
57. If any client suffers death, injury or illness whilst overseas arising out of an activity which does not form part of the services included in the booking arrangements or excursion arranged through The Company, The Company may, at our discretion offer advice and guidance to help you in resolving any claim you may have against a third party, provided The Company are advised of the incident within 90 days of the occurrence. Where legal action is contemplated our authority must be obtained prior to commencement of proceedings and be subject to undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to ourselves. Our costs in respect of the above on behalf of you and your party shall not exceed £5000.00.
58. Travel by air, road or air is governed by the carriers’ conditions of carriage which govern the relationship, responsibilities and liabilities as between you and anyone travelling with you and the Carrier. The conditions of carriage are binding and available on request and on our website.
59. In respect of any loss or damage to property including luggage which are not covered by any international conventions, and where liability is not limited by reference to any enactment, terms or conditions, then any legal liability that The Company may have for any such losses or damage will be limited to £500 per Guest.
61. Any liability of the Company and the Carrier for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely brought and determined in accordance with EU Regulation 392/2009 or the Athens Convention where applicable.
62. The aggregate liability of the Company and the Carrier for the death of or personal injury to a passenger shall in no event exceed the monetary limitations of Special Drawing Rights 400,000 SDR’s per passenger per incident (approximately £383,733.54) or 250,000 SDR’s (approximately £239,833.46) in the case of War and Terrorism pursuant to EU Regulation 392/2009 or 46,666 (approximately £44,768.27) as set forth in the Athens Convention Liability.
63. Liability for loss of or damage to property is also limited. Cabin luggage is limited to 2,250 SDR’s (approximately £2,158.50) under EU Regulation 392/2009 and 833 SDR’s under the Athens Convention (approximately £799.13).
64. SDR’s are a monetary unit of the International Monetary Fund and current exchange rate can be found in major financial newspapers or at www.imf.org
65. Luggage is presumed to be delivered without damage unless written notice is given by the passenger within the following periods:
(i) in case of apparent damage before or at the time of disembarkation or redelivery or
(ii) in the case of damage which is not apparent or of loss within 14 days from the date of disembarkation or redelivery or from the time when such redelivery shall have taken place.
66. All rights, exemptions from liability, defences, and immunities of whatsoever nature applicable to the Company, Carrier and/or suppliers shall in all respects inure also for the benefit of any servants or agents of the Company, Carrier or supplier acting in the course of or in connection with their employment so that in no circumstances shall any such servant or agent as the result of so acting be under any liability to any such passenger or to any such person or child greater than or different from that of the Company and or the Carrier.
67. Neither the Company nor the Carrier shall not be liable for any loss or damage to luggage that occurs outside the course of carriage including any loss or damage before or after the luggage comes into the Carrier’s actual possession, custody and control, including, but not limited to, where the luggage is in the possession, custody and control of airlines or other transportation services.
68. The Carrier provides safekeeping for valuables aboard Ship and encourages passengers to deposit any jewellery or other valuables brought aboard the Ship with the Purser who will issue a receipt for such valuables. The Carrier shall not be liable for any loss of or damage to money, jewellery, watches, precious stones and metals, securities, financial instruments, tickets and/or other valuables unless they have been delivered to the Purser Desk for safekeeping and a receipt issued in which case the Carrier’s liability is limited to SDR’s 3,375 (approximately £3,237.75) under EU Regulation 392/2009 or where applicable under the Athens Convention to 1200 SDR’s (approximately £1151.20).
LIABILITY FOR INDEPENDENT CONTRACTORS
69. The Company shall have no obligation or liability of any kind to you or anyone travelling with you for acts or omissions in connection with or arising out of arrangements with independent contractors since they are not agents or employees of the Company. Arrangements with independent contractors include, but are not limited to the following: i) services or products available for your convenience on board the Ship and furnished by barbers, hairdressers, manicurists, masseurs, spa operators, photographers, entertainers, instructors, lecturers and others; ii) services, products or transportation provided elsewhere than on board the Ship which are furnished by others in connection with sightseeing tours, pre-cruise and post-cruise tours, excursions and shore trips, including, but not limited to tender service.
70. Passengers must comply with any regulations which the Company or the master of the Ship may at any time consider necessary for the general good order, comfort, and safety of the ship, and all on board.
71. Passengers are prohibited from carrying any things including but not limited to drugs, narcotics, contraband, animals, plants, quarantinable items or dangerous articles such as matches or other incendiary or inflammable things or any articles, the carriage of which is prohibited by the laws of any state within whose territorial waters the vessel is expected to visit or transit or goods which are subject to regulations under State or IMO Dangerous Goods regulations. If any passenger is found to be in breach of these Terms & Conditions or any laws or any regulation and any loss, damage, expense, detention, fine, penalty or prejudice of any nature is suffered by or imposed on the Company its servants or agents the passenger shall immediately on demand pay the Company any such costs it has incurred in relation to such breach. Any things which are the subject of this clause which a person wishes to place onboard shall be subject of prior written application by that person to the Owner’s Manager (AWSL) who will formally grant or deny permission to carry such goods onboard including any firearms or ammunition brought onboard which must be handed over on embarkation to the Chief officer of the vessel for special stowage during the voyage. The Company, its servants and agents shall be at liberty in their absolute discretion to jettison, land, destroy or render innocuous any such things, goods or articles as are covered by this clause and the passenger shall bear and pay all charges and expenses incurred in or in consequence of such act carried out by or on behalf of the Company.
72. The passenger shall be liable to and shall reimburse the Company for all damage to the ship and its furnishings and equipment and/or any property of the Company caused directly or indirectly in whole or in part by any wilful or negligent act or omission on the part of the passenger or by any act of any infant passenger for whom the passenger is responsible and the passenger shall further indemnify the Company and each and all of its agents and servants against all liability whatsoever which the Company or its servants or agents may incur towards any person, body or government for any personal injury or death, loss of or damage to property caused directly or indirectly in whole or in part by any wilful or negligent act or omission on the part of the passenger or by any act of any such infant passenger and for all the purposes of the foregoing provisions of this clause the Company is contracting with the passenger as agent of and tree for such servants and agents who are deemed to be parties to the contract contained in this ticket.
73. If, for any reason whatsoever a passenger fails or is unable to land at his port of destination or such other port as the Company may determine and or The Company and or the Carrier decide to disembark him pursuant to these terms and conditions or the carrier’s conditions of carriage the passenger and his baggage may be landed at any port or place at which the ship calls or he may be carried back to the place of embarkation and he may be required to proceed by any form of conveyance selected by the Company. As from the time of such failure or inability to land as aforesaid all costs of accommodating maintaining and transporting the passenger will be payable by him and if arranged by the Company’s Ship he shall pay to the Company the full fare according to its then current tariff and such carriage will be on the terms contained herein. Should any ship of the Company be detained in quarantine the passenger will pay to the Company the expense of accommodating and maintaining him on board for the period of such delay.
74. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs/dietary requirements etc.
75. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies, insurers etc.
76. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
SECURITY AND FINANCIAL PROTECTION
77. We provide full financial protection for our package Sea Voyages/ Fly Cruises. For Fly Cruises booked from the UK, this is through the Air Travel Organiser’s Licence (“ATOL”) number 5705. In the unlikely event of AW Ship Management Limited’s insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. When you buy an ATOL protected flight or flight inclusive booking from The Company 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. The Company, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither The Company nor the supplier are 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). If we, or the suppliers identified on your ATOL certificate, 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.
78. When you buy a Sea Voyage that does not include a flight, or you purchase a Fly-Cruise outside the UK protection is provided by way of a bond held by St Helena Line Limited with the Association of Bonded Travel Organisers (“ABTOT”) – number 5273. The Association of Bonded Travel Organisers Trust Limited provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for St Helena Line Limited, and in the event of their insolvency, protection is provided for the following :1.non-flight packages commencing in and returning to the UK; 2.non-flight packages commencing and returning to a country other than the UK; and 3.flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK. 1, 2 and 3 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation.
VARIATIONS TO THE CONTRACT
79. These terms and conditions constitute the whole of the contract between The Company and the passenger and no agent servant or representative of the Company has authority to alter, modify or waive any provision of this contract. Changes can only be made by a director of The Company in writing.
80. Any complaint regarding the Sea-Voyage must be raised immediately and in any event no later than within 48 hours to The Company at the address below. No liability can be accepted in respect of any matter in respect of which a complaint has not been notified to the Company in writing within 28 days of the end of the journey.
81. If you have a problem during your Fly-Cruise, please inform the relevant supplier (i.e. hotel) immediately who will endeavour to put things right for you. It is important that you receive written evidence from the supplier that you have communicated your problem to them. If your complaint cannot be completely resolved locally, you must contact AW Ship Management on fax + 44 (0) 20 7575 6200 or by email email@example.com or in writing to AW Ship Management Ltd, 9 Alie Street, London, E1 8DE within 28 days of your return home. Please give your original booking reference number and other relevant information. If you fail to follow the above procedure The Company cannot accept responsibility as The Company has been deprived of the opportunity to investigate and rectify the problem.
LAW AND JURISDICTION
82. This contract is made on the terms of these booking conditions and is governed by English law and both parties shall submit to the jurisdiction of English Courts at all times.
83. Any action arising under EU 392/2009 or The Athens Convention 1974 may be brought, at the claimant’s option, in any of the courts listed in Article 17 ibs of EU 392/2009 or where The Athens Convention 1974 is applicable 17.1 (a to d) of the Athens Convention, or alternatively the claimant and the Company may agree (after the occurrence of the incident giving rise to the claim) on any jurisdiction or to arbitration.
84. Notices to St Helena Limited shall be sent to St. Helena Line Ltd, St Nicholas House, St Nicholas Road, Sutton, Surrey, SM1 1EL
85. Notices to AW Ship Management Limited shall be sent to AW Ship Management Ltd, 9 Alie Street, London, E1 8DE