BOOKING TERMS AND CONDITIONS
These are the terms and conditions which will apply to your holiday; please read them carefully as you and everyone in your booking will be bound by them. The combination of travel services offered to you is a package within the meaning of The Package Travel and Linked Travel Arrangements Regulation 2018. Therefore, you will benefit from all EU rights applying to packages. Caribtours will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Caribtours has protection in place to refund your payments and, where transport is included in the package travel contract, to ensure your repatriation in the event that it becomes insolvent. Your contract is with Caribtours Ltd Company Registered Office at 210 New Kings Road, London, SW6 4NZ. Tel: 020 7751 0660 (Company Registered Number: 1402297).
The appropriate deposit is required at the time of booking. Your Travel Adviser will confirm all details of your booking and it is vital that you ensure that these are correct and correctly reflected on your confirmation invoice.
The booking is not accepted until a confirmation invoice has been issued by Caribtours. If a booking is not accepted or Caribtours is unable to make reservations as requested and no acceptable alternative arrangements can be made, all monies will be refunded.
A deposit of £300 per person is payable at the time of booking for non-European bookings / 50% of booking value for European bookings (except yacht charters, villa and cruising holidays where between 15% and 50% of the total holiday cost is required, flights on selected routes where full payment is required or when flight tickets have to be issued earlier than usual, and some hotels in high season where an increased deposit must be collected). This deposit is your only financial obligation until eight weeks prior to departure (or earlier where advised). A confirmation invoice will be issued when all reservations have been made and this shows the final balance due date. If the booking is made within eight weeks of departure, full payment is required at the time of booking. If the holiday is arranged through a travel agent, all monies paid by you to the travel agent, under or in contemplation of a contract with Caribtours, are held by the travel agent as the agent of Caribtours, until the date on which the agent pays the money to Caribtours. Note: Non-payment or late payment outside of these terms may result in the cancellation of the booking (with cancellation charges being applied), or alterations to the booking.
Prices & Caribtours’ Price Guarantee
The prices shown on the website serve as a guide only and have been calculated using exchange rate and flight and hotel prices at the time. We reserve the right to alter the price of any holidays shown, prices can go up and down. You will be advised of the current price of your holiday at the time of booking and before your contract is confirmed, and the price shown on your confirmation invoice is guaranteed except in the following circumstances: -
(a) Where you elect to change the confirmed booking (see ‘Cancellation or Alteration by you)
(b) Transportation costs (fuel and other power sources, airline surcharges, taxes or levies) imposed on Caribtours alter significantly - Levies or taxes introduced by the UK government are imposed or changed.
(c) Exchange rates vary significantly. In which case a surcharge will be passed on and a revised invoice issued, if any surcharge is greater than 8% of the cost of your holiday.
Caribtours will notify you of any increase under paragraphs (b) and (c) above at the latest 20 days before the start of your package holiday, in these circumstances you will be entitled to either accept the proposed changes or to cancel your booking and receive a full refund. you must exercise your right to do so within 14 days from the issue date printed in the invoice or such other time as may be specified. Failure to do so will be taken by Caribtours that you accept the change in price. Caribtours shall refund within 14 days from the time the contract is terminated. If you do not wish to cancel the booking, you can accept the proposed price change. Where you exercise your right to cancel you may accept a substitute package where this is available.
Out of date range flights
In cases where the flights requested are not yet available to book, a contract will come into existence on the basis the price payable will be that applicable when the airline releases the seats for sale, which may be different to that advertised at the time of booking.
Flight Ticketed Early
Any flights which have been ticketed at your request earlier than 30 days prior to travel will be subject to 100% cancellation charges and above our standard terms and conditions.
Cancellation by You
If you need to cancel a confirmed booking, then this must be notified to Caribtours in writing; the cancellation will be effective from the day such written notification is received. Subject to when notification of a cancellation is received, the following scale of charges will be payable by the client:
Days before departure / Cancellation Charge
56 days or more Forfeit deposit
55-43 days 40% of total cost of the holiday
42-29 days 60% of total cost of the holiday
28-16 days 75% of total cost of the holiday
15-3 days 90% of total cost of the holiday
Within 2 days 100% of total cost of the holiday
We strongly recommend that you secure adequate travel insurance at the time of booking. Please note that Caribtours does not offer insurance policies.
You have the right to cancel the holiday contract before the start of the holiday without paying any cancellation fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination and significantly affecting the performance of the holiday. In such circumstances you shall be entitled to a full refund or any payments made for the holiday but shall not be entitled to additional compensation. This may cover, for example, warfare, other serious security problems such as terrorism, risk to human health such as the outbreak of a 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 destination as agreed in the package travel contract.
Alteration by You
You may transfer your holiday contract to another person who can comply with all the terms of the contract, provided Caribtours is given 7 days’ notice in writing before the start of the holiday.
Where Caribtours agrees to the transfer, both you and the substituted Passenger shall be jointly and serverally liable for the payment of any balance due and for any reasonable additional fees, charges or other costs arising from the transfer.
Caribtours will do its very best, but cannot guarantee, to comply with any request by you for alteration to a confirmed booking prior to departure. Caribtours will charge an administrative fee of £25 per person per alteration and will pass on any associated costs incurred before, during or after the holiday and passed on by our suppliers; alterations made by you within six weeks of departure will be subject to a £50 per person per alteration fee. Any alterations are only possible if our suppliers permit them.
It is essential that you ensure that details of all names provided to your Travel Adviser and shown on the confirmation invoice compare exactly with those on each passport of all passengers travelling on the booking. Please note that airlines will usually refuse amendments to reservations after departure, except on the payment of a fee, which varies from airline to airline up to and including the full one-way published fare. Any additional costs resulting from an earlier or later return than the one scheduled will be your responsibility.
Cancellation or Alteration by Caribtours
Every effort will be made to operate each client’s holiday as advertised but Caribtours reserves the right to modify or cancel any holiday arrangements at any time up to 8 weeks before departure.
In the event that Caribtours is compelled to cancel or alter holiday arrangements due to unavoidable and extraordinary circumstances reasons beyond its control the consequences of which could not have been avoided even if all reasonable measures could have been taken, every endeavour will be made to provide suitable alternative arrangements of the same standard, or if you prefer, Caribtours will refund all monies paid. Caribtours will make every effort not to materially modify or cancel the holiday within 8 weeks of departure, except for reasons of unavoidable and extraordinary circumstances *. A material change is, for example, one which involves a change of UK airport (except between Gatwick and Heathrow), the destination, the booked accommodation to a lower rating, the departure time or length of holiday by more than 12 hours (except for curtailment or due to unavoidable and extraordinary circumstances). A minor change is any other change.
In the event of building work, extended hotel closure or similar circumstances which result in the accommodation reserved being unavailable, Caribtours will take all reasonable steps to provide accommodation of a similar or higher standard at no extra cost, or if this is unavailable, a lower standard of hotel and a refund of the difference in price of the accommodation.
Caribtours shall not be liable for alteration or cancellation as a result of such events which are (i) attributable to a third party unconnected with the provision of the package holiday or (ii) which are extraordinary and unavoidable or (iii) are due to unusual and unforeseen circumstances beyond the control of Caribtours, which could not have been avoided with due care or that Caribtours could not have foreseen or forestalled. Caribtours may also cancel your holiday contract and give a full refund to you for any payments made for the holiday, without paying any additional compensation if: the number of Passengers booked do not meet the minimum numbers required for any package holiday and Caribtours notifies you of the cancellation of the holiday contract no later than:
- 20 days before the start of the holiday in the case of trips lasting more than 6 days
- 7 days before the start of the holiday in the case of trips lasting between 2 and 6 days
- 48 hours before the start of the holiday in the case of trips lasting less than 2 days
Compensation will only be paid for a material change as follows:
Number of days Compensation prior to departure per person
56-42 days £10
41-29 days £20
28-15 days £40
14-0 days £50
* Unavoidable and extraordinary circumstances – means that if any holiday has to be modified or cancelled because of war, threat of war, terrorism riots, civil commotion, strikes, disasters, terrorist activity, fire, adverse weather conditions, natural disasters such as floods earthquakes, unavoidable technical problems to transport, epidemic or pandemic illness, closure or congestion of airports and similar events beyond Caribtours’ control, Caribtours will endeavour to offer alternative arrangements or, if the client prefers, make a full refund of all monies paid. Compensation will not be payable in circumstances amounting to unavoidable and extraordinary circumstances.
In the event of a material Alteration prior to departure of an essential term of your package holiday, Caribtours will inform you of any cancellation or change of itinerary in writing as soon as reasonably possible and you will be offered a choice of:
a. To cancel and receiving a full refund of any monies paid; or
b. accepting the alteration or booking another package holiday of equivalent or superior quality, if available or booking another package holiday if of a lower quality, if available, with a refund of the difference in price.
Caribtours shall refund any money paid by you within 14 days from the time your contract is at an end.
You must notify Caribtours of your decision in writing within 7 days of receiving the notification or alteration or such time as may be reasonably stipulated. Caribtours will not be liable with indirect or consequential losses.
In respect of a significant alteration of the package holiday or Cruise after departure, then Caribtours will make suitable alternative arrangements at no extra cost to you for the continuation of your holiday or Cruise. If you do not accept these for good reason or it is impossible to make suitable alternative arrangements, Caribtours will, where possible, transfer you back to the place of departure or to another place to which you have agreed with us. Compensation will not be payable if the alteration is minor or does not affect the value of the holiday or Cruise or if Caribtours is not able to provide a significant proportion of the package due to an unavoidable and extraordinary circumstance or is not at fault. The Cruise Carrier cannot guarantee due to any extraordinary and unavoidable circumstance that the Cruise will call at every Port on the itinerary or follow every part of the advertised route or schedule. Cancellation in these circumstances of part of the itinerary, substitution of ports or unavailability of some services on board the vessel will not amount to a significant alteration.
You represent and warrant that you and everyone travelling in your booking are physically and otherwise fit to travel. If your holiday or cruise ship visits numerous ports in several countries. You are solely responsible for checking with your doctor as to which vaccination or medication are recommended or required for those countries for everyone in your booking and with the vet in relation to any one travelling with any assistance dogs as to what vaccinations and certificates are required in respect of such dogs.
Caribtours cannot accept any responsibility for your failure to comply with the necessary medical, passport or visa requirements. The cruise line 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 cruise ship 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 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 Caribtours nor the Cruise line shall have any liability to you or any person travelling with you in the event of denied boarding or disembarkation. You must pay or reimburse Caribtours and or the Cruise line for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services, including, but not limited to such costs and expenses incurred by or on account of services provided by port agent and other shoreside service providers, including luggage shipping costs.
If you or anyone travelling with you is pregnant you/they understand and acknowledge that prenatal and early infant care, in particular, may require specialised diagnostic facilities and/or treatment that are not obtainable at your destination or during the Cruise on board the ship and/or ashore in ports of call. The ship’s doctor is not qualified to deliver babies or to offer pre or post natal treatment and no responsibility is accepted by Caribtours or the Cruises line in respect of the inability to provide such services or equipment.
Caribtours and the Cruises line recommend that pregnant women should seek medical advice prior to travel at any stage of their pregnancy. The Cruise Carrier does not have adequate medical facilities for childbirth on board its ships. Most Cruise ships are unable to carry Passengers who are 23 weeks or more at the start or by the end of the cruise. Caribtours will not therefore, accept bookings for women who are 23 weeks pregnant at any time during the cruise.
All pregnant women who are less than 23 weeks are required to produce a doctor’s letter stating that mother and baby are in good health, fit to travel taking into account the proposed Itinerary and that the pregnancy is not high-risk. The letter must also include the estimated date of delivery calculated from both the last menstrual period and ultrasound (if performed). Cruises ships cannot carry any pregnant woman who does not comply with this requirement and will refuse passage to any woman who appears to be in an advanced state of pregnancy. Neither Caribtours nor the Cruise line shall have any liability whatsoever in respect of any refusal to carry a pregnant woman.
Medical facilities/treatment on board and ashore/in resort
You as the Passenger on the Cruise acknowledge that whilst there is a qualified doctor on board the Cruise ships it is the Passenger’s obligation and responsibility to seek medical assistance if necessary during the Cruise. The ship’s doctor is not a specialist and the ship’s medical Centre is not required to be and is not equipped to the same standards as a land-based hospital. The ships medical Centre is not designed for the provision of extensive or continuing treatment. The ship carries medical supplies and equipment in accordance with the requirements of its flag state and international law. Neither Caribtours nor the ship’s doctor shall be liable to the Passenger as a result of any inability to treat any medical condition as a result. Charges will apply for services dispensed by the ships medical Centre. Caribtours shall not be liable for any aspect of medical treatment provided to the Passenger, including, but not limited to, the consequences of any examination, advice, diagnosis, medication, treatment, prognosis or other professional services which such doctors or nurses may furnish the Passenger. Caribtours makes no warranty as to the quality of any such medical services.
If Passengers have any medical condition which may need emergency treatment, then this must have been disclosed at the time of booking in order for a risk assessment to be undertaken. Passengers may be asked to provide medical evidence to ensure that they can be safely carried. This will be dependent in each case on the extent of illness, mobility, the itinerary, length of cruise and the structure of the ship. Failure to notify at the time of booking can result in carriage being denied by Caribtours if reasonable arrangements cannot be made on the date of embarkation to carry the Passenger safely. In those circumstances there will be 100% cancellation charges. If a Passenger is required to remain on board the Ship or elsewhere, due to injury, illness, or disability, or due to action of any government or authority, or for any other reason which is not the fault of Caribtours, then the Passenger must pay or reimburse Caribtours for all resulting costs and expenses.
In the event you or anyone travelling with you have to be landed for medical treatment ashore no representations are made regarding the quality of medical treatment at any port of call or at the place at which you are landed. Medical facilities and treatment do vary from port to port. Any cost or expense which is reasonably incurred by the Cruise ship for or on behalf of yourself or any person travelling with you in respect of any form of medical, dental or similar treatment, hotel, transportation, repatriation or any other expense shall be repayable by you/them to Cruises ship, whether or not such sum is covered by your/their travel insurance. Caribtours and the Cruise line reserve the right to take any action that they consider appropriate to recover any such costs or expense and You/they agree to fully indemnify and reimburse Caribtours or the Cruise operator in respect of such costs and expenses.
If you require dialysis on board the vessel you must notify Caribtours at the time of booking and every effort will be made to see if this can be accommodated on board the ship. Please note that the medical facilities on board the ship are not equipped to perform dialysis. The shipboard doctors are not trained to provide dialysis treatments but are able to assist in emergency situations. All dialysis equipment and medication must be provided by the Passenger. This includes antibiotics. A risk assessment shall be carried out at the time of booking by the Carrier to ensure that you/they can be carried in these circumstances safely and in accordance with applicable laws.
In relation to any other medical equipment there are limited storage facilities on board. There are restrictions on the number and type of oxygen cylinders which can be carried in cabins. The ships medical centre cannot refill, or supply oxygen cylinders liquid oxygen is strictly prohibited. You must notify Caribtours prior to booking of any medical or mobility equipment you wish to take on board the ship.
Some Cruises operators are unable to accommodate children less than six months (6 months) of age and may restrict the number of those who are less than three (3) years of age on board the Ship. Any child under the age of 18 must be accompanied by an adult. If the adult accompanying the child is not a parent, a “Parental Consent Guardianship Form” must be signed by a parent or legal guardian and received by Caribtours at least 30 days prior to sailing. No one under the age of eighteen (18) is permitted in the Ship’s Casino or to participate in any monetary based games of chance (including Bingo) on board.
No one under the age of eighteen (18) shall be served alcohol on board the Vessel. When docked or anchored in US Ports or within the three-mile limit, alcoholic beverages will not be served to guests under the age of twenty-one (21).
Disabled passengers or passengers with Reduced Mobility
You are asked to provide full details at the time of booking if you or any person travelling in your booking has reduced mobility in order that Caribtours can consider whether the cruise holiday and any shore excursion is generally suitable for persons with reduced mobility.
“Disabled Person” or “Disabled” or “Disability” means any physical or psychiatric disability or other medical condition which affects the Guest’s health and or ability to participate in the Cruise. “Person with Reduced Mobility” means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary) intellectual or psychosocial disability or impairment, or any other cause of disability, as a result of age, and whose situation needs appropriate attention and adaption to his particular needs the service made available to all Guests.
Caribtours and the Cruise line priority is always the comfort and safety of its Passengers as well as complying with the strict legal requirements of the law relating to safety of life at sea. In order to achieve these objectives, any Passengers with a Disability or Reduced Mobility must at the time of booking and before boarding provide as much detail as possible of the matters given below to Caribtours so that the Carrier can consider its obligation to carry the Passenger in a safe and operationally feasible manner, taking into account any issues relating to the design and facilities of the ship or port infrastructure and equipment including port terminals which may make it impossible to carry out the embarkation, disembarkation or carriage which may therefore have an impact on the Passenger’s safety and comfort.
You are asked to provide full details if you or anyone travelling with you is unwell, infirm, Disabled or has Reduced Mobility prior to Carriage. You/they are also asked to provide full details: -
a) If the Passenger requires a Disabled cabin. The cruise Ships have a limited number of such accessible staterooms available on a “first come first serve” basis.
b) If the Passenger has any special seating requirements.
c) If the Passenger has need to bring any electrical or other medical equipment on board.
d) If the Passenger needs to bring a recognised assistance dog on board the vessel. Please note that assistance dogs may be subject to national certificate regulations. An assistance dog must provide a physical service to the guest in order to qualify as an assistance dog.
Please ask for our Special Needs form in order that we can assess your personal requirements.
Where the Cruise line 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 by the Disabled Person or Person with Reduced Mobility. This requirement will be based entirely on the Carrier assessing the person’s need on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary.
If you or anyone travelling with you has any particular medical conditions, Disability or Reduced Mobility 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 specialised care for physical or psychiatric or other conditions.
The Cruise line may refuse to carry any person who has failed to adequately notify Caribtours 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.
If you or any person travelling with you become aware between the date of booking the cruise and the date of commencement of the cruise that you/they will require special care or assistance as detailed above then you/they are asked to inform Caribtours and/or the Carrier immediately so that the Carrier can make an informed assessment whether or not you/they can be carried in a safe and operationally feasible manner. If after careful assessment of your or any person travelling with you their specific needs and requirements, Should Caribtours or the Cruise line conclude that you/they cannot be carried safely and in accordance with applicable safety requirements then Caribtours can refuse to accept a booking or the Cruise line can refuse embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety. In those circumstances you will be entitled to request that Caribtours or the Cruise line provide its reasons to you in writing within 5 working days. See also Complaints section.
Some ports of call are anchorage ports which require the use of tenders or other forms of small craft to go ashore. Passengers who are Disabled and or have Reduced Mobility may have difficulty in safely using the tender or small craft and must not therefore do so. In the event of any Disabled passenger or Person with Reduced Mobility seeking to use the tender or small craft when it is not safe to do so then the officer in charge of the operation and or the Captain of the Ship can refuse to allow the Passenger to use the tender on the grounds of safety. Passengers are required to volunteer any Disability or Reduced Mobility which may affect their ability to embark/disembark the ship by any means to the officer in charge of tender operations.
Any Passenger in your booking confined to a wheelchair is asked to furnish their own standard size collapsible wheelchair and the Passenger must also be accompanied by a travelling Passenger fit and able to assist them. Wheelchairs and scooters must not be more than 22’ in width. In order to comply with Safety of Life at Sea and other Regulations each cabin is limited to two pieces of medical and or mobility equipment to a combined total value of 2250 SDRs (approx £2158.50). The Carrier can give permission in writing to allow these limits to be exceeded. The Carrier’s assessment will be based on safety and reasonableness. Wheelchairs and walkers cannot be carried on tour buses due to space limitations. Passengers in wheelchairs will not be manually handled or carried by crew or contractors at any time into tenders, on ramps, transportation of any kind. This is a significant health and safety risk for the Passenger and the individuals. Please note that third party facilities ashore such as restaurants, hotels and other tourist providers may not be able to cater for wheelchair users.
It is your responsibility or that of any person travelling with you requiring to bring any medical equipment on board the ship to notify Caribtours at the time of booking in writing if you/they need to have medical equipment on board and providing details of what type of equipment this might be so that Caribtours can inform the Carrier in order that the Carrier can ensure that the medical equipment can be carried and/or carried safely.
It is important that you or any person travelling with you contact the manufacturer or supplier to ensure that any medical equipment you/they are intending to bring on board is safe to use. It is your/their responsibility to arrange delivery to the Ship prior to departure of all medical equipment. It is your/their responsibility to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies to last the entire voyage. The ship does not carry any replacement and access to shore side care and equipment may be difficult and expensive. You/they must be able to operate all equipment.
Portable oxygen tanks and oxygen concentrators may subject to space and applicable regulations be used on board, provided that Caribtours is notified in writing at least 30 days prior to sailing and it has obtained the Carrier’s consent in writing in respect thereof. Liquid oxygen is not permitted on board.
Pets and Service Dogs
Pets and other animals are not allowed on board the Ships. The Carrier must agree at the time of booking or prior to embarkation, in writing, that you or anyone travelling with you can bring a recognised service dog on board the ship. Prior notification is required in order to determine whether the Carrier can accommodate the service dog. If you or anyone travelling with you has not provided this information the Carrier cannot guarantee that the assistance dog will be carried. There may be national certificate requirements. It is the Passenger’s responsibility to check the requirements at each port to include embarkation, disembarkation as well the various ports of call. The service dog must provide a physical service to the Passenger to qualify as an assistance dog. The cruises, subject to the ship structure and itinerary, may be unsuitable for Passengers who need assistance dogs. A risk assessment will be carried out at the time of booking. It is important that you provide as much information as possible.
Weapons, ammunition, explosives, substances that are hazardous, disabling, or illegal, or any other article that in the opinion of the Master of the ship shall be deemed dangerous, are strictly prohibited aboard the Ship. Such additional dangerous articles include, but are not limited to, firearms, stun guns, swords, ice picks or knives. A more comprehensive list of prohibited items is available through the Carrier from Caribtours. Any such items shall be surrendered to the Captain at embarkation and may be disposed of in the sole discretion of the Captain. You and everyone travelling with you hereby consents to a reasonable search being made of your/their person, Luggage or other property, and to the removal and confiscation or destruction of any object which may, in the opinion of the Captain impair the safety of the Ship, be illegal or inconvenience other Passengers on board.
The Carrier endeavours at all times to exercise reasonable care for comfort and safety on board its Ships of all Passengers. The Carrier cannot guarantee freedom from all risks associated with war, terrorism, crime, or other potential sources of harm. The Carrier reminds all Passengers that they must ultimately assume responsibility for the activities while ashore and for their other travel choices.
It is essential that you and all members of your party are covered by a policy of travel insurance. Policies can be purchased through travel agents and banks or direct from insurers. The policy should cover personal accident, death, medical and repatriation expenses, loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses. You should advise the name of your own insurer so to indicate to Caribtours that you have in fact taken out adequate insurance cover.
Our Responsibility and Liability
Caribtours website is published on its own responsibility which does not commit any airlines mentioned herein or suppliers whose services are used during the course of the holiday. Caribtours takes all reasonable steps to ensure that those who are involved in the planning and provision of the holiday maintain the highest standards. All information given is correct at time of publication correct at the time of going to print, but services or facilities may be change over time. Wherever possible, you will be advised of changes prior to departure. If you consider any particular facility to be vital to your holiday, you must advise Caribtours at the time of booking and confirm it in writing no later than 4 weeks prior to departure. This includes smoking, as many of our resorts have strict policies. Caribtours will endeavour to confirm that the facilities are still available subject to inclement weather or unforeseen eventualities. Caribtours will accept liability for matters which arise as a direct result of the Company’s negligence and/or breach of its contractual duty to exercise reasonable care in making arrangements for its passengers, including any acts or omissions by its employees, agents or suppliers.
Caribtours accepts responsibility for ensuring that all elements of your holiday are as described herein and are of a reasonable standard. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any Supplier. In the event of a complaint by you, this Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of England and Wales have not been met. If you and/or any other person included in your booking suffers injury, death or loss of or damage to property as a result of the non-performance or improper performance of any service which Caribtours is contractually obliged to provide, then Caribtours liability, if any, to pay compensation shall be governed by the international conventions which govern such services. This limitation applies whether or not any particular international convention has been signed or ratified by the UK; or as any particular convention may be applicable by the operation of UK Law.
Liability for death and or personal injury and or loss of or damage to luggage in respect of international carriage by sea is governed by EU Regulation 392/2009 relating to the Liability of Carriers of Passengers by Sea in the Event of Accidents (“EU Regulation 392/2009”) and the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (“the Athens Convention 2002”) adopted in the UK on 23 April 2014.
Carriage by air is governed by the Warsaw Convention 1929 (whether as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) and the Montreal Convention 1999 relating to the international carriage of Passengers and their luggage by air. The Montreal Convention may be found at: http://www.legislation.gov.uk/uksi/2002/263/contents/made. The Montreal Convention limits liability in case of death or injury to Passengers for damages arising under Paragraph 1 of Article 17 not exceeding 113,100 Special Drawing Rights (SDR’s) (equivalent to £122,666.65) for each Passenger and 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 £4,501.03). Please note that international conventions limit not only the amount Caribtours 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. No claim for death and or personal injury and or loss of or damage to luggage can be brought against Caribtours or any carrier otherwise than in accordance with these Conventions and or Regulations in respect of carriage by air and or by sea.
Please also see the important paragraph headed “Conditions of Carriage”.
If you or any member of your party suffers damage arising out of an activity which does not form part of the holiday arranged through Caribtours, Caribtours will offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided Caribtours is advised of the incident within 90 days of the occurrence. Where legal action is contemplated Caribtours authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to Caribtours. Caribtours costs in respect of the above on behalf of you and your party shall not exceed £5,000 in total. 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 Carrier may have for any such losses or damage will be limited to £500 per Passenger.
For cruises where the original port of embarkation is in the EU, in the event that the cruise is delayed in departure of one or more nights and you are not on board the ship and have travelled to the port of embarkation for the cruise then in accordance with EU 1177/2010 Caribtours shall offer Passengers adequate accommodation free of charge for a maximum of 3 nights and up to 80 Euros per night per person. Caribtours shall also provide where available suitable snacks, meals and refreshments. No payment shall be made unless authorised by Caribtours in writing. Caribtours have no obligation to provide such accommodation ashore where the delay is caused by weather conditions, endangering the safe operation of the Ship. The provisions relating to accommodation do not apply after the Cruise has commenced, where the Cruise is cancelled or whether there is a Significant Alteration prior to departure.
Conditions of Carriage and Limits of Liability
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 you must read them carefully. International carriage of Passengers and their luggage by sea shall be governed by the Athens Convention 2002 mentioned in paragraph 21 and EU Regulation 392/2009, which may be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF.
Any liability of Caribtours 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 the Athens Convention 2002 EU Regulation 392/2009 or where applicable the 2014 Order. The maximum liability for international sea going cruises is 400,000 SDR’s per Passenger per incident (approx. £433,834.30) or 250,000 SDR’s (approximately £271,146.44).in the case of War and Terrorism pursuant to EU Regulation 392/2009 and the Athens Convention 2002.
Liability for loss of or damage to property (save for medical and mobility equipment) pursuant to the Athens Conventions and EU Regulation 392/2009 is limited. Cabin luggage is limited to 833 SDR’s under the Athens Convention 1974 and 2014 Order (approx.£903.46) and 2,250 SDR’s (approx.2,440.32) under the Athens Convention 2002 and EU Regulation 392/2009. In all cases of carriage by sea luggage is assumed to be delivered without damage unless written notice is given by the Passenger within the following periods:
(i) In the case of apparent damage before or at the time of disembarkation or redelivery.
(ii) In the case of damage which is not apparent or loss of luggage, within 15 days from the disembarkation or delivery or from the date any such delivery should have taken place.
Neither Caribtours 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.
The Carrier provides safekeeping for valuables aboard Ship and encourages Passengers to deposit any jewellery or other valuables brought aboard the Ship with the Reception Desk staff who will issue a receipt for such valuables. The Carrier provides an in-room personal safe for Passenger’s convenience. However, 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 Reception Desk for safekeeping and a receipt issued in which case the Carrier’s liability is limited in sums set out in the Athens Convention 1974 of 1,200 SDR’s (approx.£1,301.50) and SDR’s 3,375 (approx. £3,660.48) under EU Regulation 392/2009 and the Athens Convention 2002. The use of safes on board is not a deposit with the Ship under the Athens Convention 1974 or 2002 or EU Regulation 392/2009.
(The above reference approximate conversion rates are based on exchange rates as of 9 August 2018. SDR’s are a monetary unit of the International Monetary Fund and current exchange rate can be found in major financial newspapers).
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 Carrier may have for any such losses or damage will be limited to £500 per Passenger.
All settlements by Caribtours or the Carrier will be made on the basis of actual cash value (replacement cost, less depreciation) Claims for damaged items will be settled on the basis of cost of repair. No amount shall be paid in settlement of any claim without proof of the actual cash value, or repair cost, as appropriate, arising from the loss or damage. Such proof must be sent to Caribtours. The Carriers’ liability must also be proven before any settlement will be paid. You cannot make a double recovery by making a claim against Caribtours and the Carrier.
Personal belongings lost while unattended in public lounges or other public areas, whether on board the Ship or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, and other acts-of-God are not reimbursable.
The Liability of the Caribtours shall not at any time exceed that of any Carrier or Supplier. For the purposes of Regulation 261/2004 on compensation and assistance to Passengers in the event of denied boarding and of cancellation or long delay of flights Caribtours is not an operating air carrier and not liable to pay compensation under this Regulation.
These liability provisions apply to all Passengers and the relevant provisions of EU392/2009 shall apply to all cruises sold or where the cruise begins or ends in the EU even if the country in which the Cruise was purchased is not a signatory. In all other countries the provisions of the Athens Convention 1974 shall apply. This includes US Passengers whose cruise does not begin or end or call at any US port.
Independent Contractors Limit of Liability
Caribtours 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 or Concessionaires since they are not agents or employees of Caribtours. Arrangements with independent contractors include, but are not limited to the following:
i) Goods or services sold in retail outlets on board the Ship, 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.
Tours, including pre-cruise, post-cruise and other shore excursions, including hotels, restaurants and transportation, whether by vessel, air, rail, land or other means, not owned or operated by the Carrier and, are not under the operation or control of the Carrier and the Carrier makes no representation of any kind as to them, and takes no responsibility for them, even if, as a convenience to Passengers, the Carrier provides an escort. The Carrier takes no responsibility for air or other transportation under any circumstances. Passengers must assume responsibility for their actions while ashore and for their participation in shore activities.
The Passengers shall have no right to any refund and the Carrier shall have no obligation or liability of any kind to the Passenger for acts or omissions in connection with or arising out of arrangements with independent contractors or Concessionaires since they are not agents or employees of Caribtours or the Carrier. The independent contractors shall be entitled to charge for any products sold, services rendered, or transportation provided to the Passenger either directly or, as a convenience to Passengers, through the Carrier, for which services the Carrier is entitled to impose a charge and earn a profit. Refunds will not be given for partially used services. No refund will be made for missed hotel nights or other program features due to airline delays or other factors beyond the control of Caribtours or the relevant Carrier.
Each Passenger agrees that all rights, exemptions from liability, defences and immunities of whatsoever nature referred to in the Ticket applicable to the Carrier and the Ship, shall in all respects inure also for the benefit of any servant, agent or independent contractor of the Carrier acting in the course of or in connection with their employment so that in no circumstances shall any such servant, agent or independent contractor as the result of so acting be under any liability to any such Passenger different from that of the Carrier, and for purposes of the agreement contained in this section, the Carrier is or shall be deemed to be acting on behalf of and for the benefit of all persons who are or may be its servants, agents or independent contractors from time to time and all such persons shall to this extent be or be deemed to be parties to the Contract contained in or evidenced by the Ticket.
Shore Excursions are available for purchase on board the vessel or prior to embarkation from Caribtours who will at all times endeavour to appoint reputable and competent local Suppliers in respect of these Shore Excursions. The terms and conditions of the Suppliers will be applicable. These may limit or exclude liability of the Supplier.
Where you purchase Shore Excursions and activities directly with a local Supplier then in such circumstances, the local Supplier is entirely independent of Caribtours or the Cruise line even where the Carrier or Cruise line assist in booking such activities available as agent or otherwise. Caribtours or the Cruise line is not responsible for any acts or omissions that are wholly attributable to the fault of the local Supplier. Shore Excursions may not all be suitable for Disabled persons or Persons with Reduced Mobility.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to (a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and (b) all international convention stated above, including the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limits the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices - 210 New Kings Road, London SW6 4NZ. Tel: 020 7751 0660.
Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Civil Aviation Authority on 0330 022 1500 / www.caa.co.uk. Any such claims shall be subject to English Law in respect of any quantum or liability and all proceedings shall be within the domain of the English courts but not exclusively so if you live elsewhere in the UK, when the courts of Scotland and Northern Ireland also have jurisdiction.
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. Many of the flights and flight-inclusive holidays in this we sell are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed online or in our brochures. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. For more information about financial protection and the ATOL Certificate go to: http://www.caa.co.uk/ATOL-protection/Consumers/ATOL-certificate. We provide full financial protection for our non-air package holidays and single element arrangements, by way of a bond held by ABTA. For further information please see www.abta.com. We, 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 we 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 the client). 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 their 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 the client’s 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 the client has claimed under the ATOL scheme.
You and every person travelling in your booking are themselves responsible for ensuring that they have a valid passport, appropriate visas and conform to the health regulations regarding vaccinations current at the time of travel (please refer to the Useful Information section further details).
Caribtours is only liable for loss or damage or delay to luggage caused by the direct negligence of Caribtours under the package holiday contract.
Caribtours will make every reasonable effort to make arrangements which comply with special requests, but cannot and does not guarantee that there will be compliance with the special request/s. Furthermore, Caribtours has no legal liability whatsoever in the event that the holiday arrangements do not comply with the special request.
If you or any member in your booking has a complaint during the holiday, they should contact the local Caribtours representative or the hotel manager. These individuals are best placed to put matters right immediately and may well be able to do so. Failure by you to notify Caribtours or its representative may be taken into account when determining any price reduction or compensation for damages where such notice would have avoided or reduced the damage.
Caribtours shall remedy any lack of performance of the services under the package or Cruise holiday contract raised by you unless:
It is impossible to do so, or will incur disproportionate costs, taking into account the extent of the any lack of performance and the value of the contractual service affected.
If there is still cause for complaint on return to the UK, the client is required to seek satisfaction by writing to Caribtours within 28 days of the end of the holiday, providing full details of the holiday and the reason for the dissatisfaction. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agents and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires your tour operator to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost-effective way. Details on request or from www.abta.com.
Complaints pursuant to EU Regulation 1177/2010 must be sent to Caribtours as soon as possible. Caribtours will investigate and provide its response within 28 days. If you are not happy with Caribtours final decision, then you can refer your complaint to the Cruise Line International Association which is the voluntary complaints body authorised by the Department of Transport to deal with complaints. The email address of Cruise Line International Association for Passenger complaints under Regulation 1177/2010 is [email protected]
In order to process your booking and to ensure that your travel arrangements run smoothly and that we comply with our legal obligations to perform your holiday we require you to provide personal data relating to all persons travelling on the booking, including children (data subjects). We collect such personal data in accordance with our privacy and data protection policies (refer to www.caribtours.co.uk) in accordance with relevant data protection laws including Regulation (EU) 2016/679 which applies from 25 May 2018. We require the written consent of every person travelling on your booking to process any personal and sensitive data. Where there is a child in your booking then we require the written consent of the lawful parent or guardian of the child. Such consent shall be provided by e-mail. Personal data means any data relating to the data subject, such as name, address, date of birth, bank or credit card details, biometric data for the purpose of uniquely identifying you, data concerning health for the purposes of monitoring and alert purposes, the prevention or control of communicable diseases and other serious threats to health, including any special needs/dietary requirements. Sensitive data includes racial or ethnic origin and religious beliefs. In accordance with our policies we shall only seek such personal data as is necessary to comply with our legal obligations (for example immigration and governmental requests) or to perform the contract safely which includes information relating to medical conditions, reduced mobility or any disability which may be relevant to providing appropriate facilities and/or assistance or assessing whether the holiday or any element provided is safe and suitable. Such personal data you provide us may be stored, used, disclosed by transmission or otherwise made available to other suppliers or third parties in order to enable us to perform different parts of our contract with you. We will only process any data about you that is relevant and necessary and where we are required to pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies covering various components of your holiday with us. Your personal data may be required and provided to security or credit checking companies, public authorities such as customs/immigration or as required by law. We take full responsibility for ensuring that proper security measures are in place to protect your personal data, including the security measures of any company or person processing your personal data on our behalf. Additionally, where your holiday is outside the European Union (EU), controls on data protection in your destination may not be as strong as the legal requirements in the United Kingdom or any EU countries. However, we will only transfer your personal data to a third country or an international organisation if the third country or international organisation processing your personal data has provided appropriate safeguards, and on condition that your rights and legal remedies in respect of your data are available. We will not pass any of your personal/sensitive data onto any person who is not responsible for any part of your travel arrangements and the request for the personal/sensitive data is not necessary for the performance of your contract with us. We will retain your personal data in our archived system for up to 7 years from the last use of such personal data to allow us to comply with legal obligations relating to bookings and for the additional purpose of defending any legal action brought against us in relation to your contract with us. We will only keep your personal data for as long as it is necessary or is required by law. You are entitled to seek access to personal data held by us in accordance with our policies and to ask us to rectify inaccurate personal data concerning you or to delete sensitive data subject to the policy and any legal basis on which we may object. All booking conditions are correct at time of printing. For the latest information and conditions please see www.caribtours.co.uk.
Law and Jurisdiction
All disputes and matters howsoever arising between you and Caribtours shall be governed by English Law and shall be brought in the English courts and shall be subject to the exclusive jurisdiction of the English courts.