Booking conditions
The conditions that apply to every cruise booking with Theatrical Adventures. They are also printed on your Booking Confirmation Invoice. Group and tour-operator bookings have their own conditions, supplied with the group invoice.
A. Booking and Payment
A.1 Your Reservation
A.1.1. When you make a booking and pay your deposit or full payment (as applicable), we will reserve your travel accommodation on the basis of these Booking Conditions. Your booking will be taken as confirmed and a binding contract between us will come into existence only when you have received your Booking Confirmation Invoice. Prior to doing so, we may send you acknowledgement of your booking. Any such acknowledgement merely means we are dealing with your booking request and is not a confirmation of it.
A.1.2. Please check your Booking Confirmation Invoice and any other documentation we send you as soon as you receive them. Contact us immediately if any of this information is incorrect or incomplete as it may be harder to make changes later. We regret that we cannot accept responsibility if we are not notified of any inaccuracies in any documents within ten days of dispatch. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so.
A.1.3. Any contract is with the “Lead Name” as shown on the Booking Form.
A.1.4. The Lead Name is responsible for ensuring that other members of his/her party are aware of the Booking Terms & Conditions and that they consent to him/her acting on their behalf in dealings with us.
A.2 Our Payment Rules
A.2.1. We reserve the right to alter prices shown in any of our brochures or in any website and we will inform you of any price change prior to the issue of our Confirmation of Booking Invoice. Once our Confirmation of Booking Invoice has been issued then any price changes may only be made in accordance with the remaining provisions of these Booking Conditions.
A.2.2. When you make a booking, you are required to pay a deposit of 10% of the total price and follow the payment schedule outlined in your Booking Confirmation Invoice (further details in Section D1). Your booking will not be confirmed until we receive your deposit and if the balance is not paid by the due date then we shall reserve the right to cancel your booking and retain any deposit.
B. Changes and Cancellation by Us
B.1. If We Cancel Your Travel Arrangements
B.1.1 We regret that some travel packages shown on our website or in our brochures can only be operated if a sufficient number of people book them. We will advise you at the time of booking if any travel arrangements are dependent on there being sufficient demand. If there is insufficient demand, we have the right to cancel the travel arrangements in question. If we have to do so, we promise we will tell you no later than 8 weeks prior to departure. In this situation all monies paid to Theatrical Adventures will be refunded.
C. Changes or Cancellation by You
C.1. If You Change Your Booking
C.1.1. If you want to change your travel arrangements in any way you must inform us in writing as soon as possible. We will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time.
C.1.2. Where we can make a change, we will charge for any additional services, facilities, or other items changed, at the price which applies on the day the change is made. In addition, we reserve the right to apply an administration charge of £50 for each person on the booking together with any further costs we incur, for example with our suppliers, in making any change.
C.2. If You Cancel Your Booking
C.2.1. If you wish to cancel all or part of your booking, you must write to us. If some or all of your party cancel their booking or we are entitled to treat your booking as cancelled in accordance with these Booking Conditions, we will levy a cancellation charge on the scale shown in the table set out in clause D1. These charges are based on the estimated cost of cancelling your arrangements and the expenses and losses we are likely to suffer if we cannot resell the package.
C.2.2. If the reason for your cancellation falls within your insurance cover, you may be able to claim a refund of your cancellation charges from the insurance company less any excess.
C.2.3. If you or anyone included within your booking is unable to go for any reason or decides that he/she does not want to travel, you may transfer the whole booking or the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us subject to the following:
C.2.3.1. You must write to us with full details of who cannot travel and who you would like to go instead. We must receive this information at least 7 days before departure;
C.2.3.2. If the change can be made, you will have to pay any reasonable costs we incur or are asked to pay in order to make the change;
C.2.4. If any person on the booking cancels and you cannot fill that person’s place, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under-occupancy supplements.
D. Payment Schedule
D.1. The payment schedule in your Booking Confirmation Invoice sets out the due dates of each payment. These payments become non-refundable after each date listed.
E. Limitation of our Liability to You
E.1. We will not be liable where any failure in the performance of the contract is due to:
E.1.1. you; or
E.1.2. a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or
E.1.3. unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
E.1.4. an event which we or our suppliers, even with all due care, could not foresee or forestall.
E.2. Should you or any member of your party suffer illness, personal injury or death attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.
E.3. Our liability will also be limited in accordance with and/or in an identical manner to:
E.3.1 the contractual terms of the companies that provide the transportation for your travel arrangements which are incorporated into and form part of your contract with us; and
E.3.2 any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage which are incorporated into and form part of your contract with us and we are to be regarded as having all the benefit of any limitation of compensation contained in these or any other such conventions.
E.4. Where an excursion or other tour is booked through us no refund will be available in the event of you subsequently being unable or choosing not to take part.
E.5. We cannot accept any liability for the costs of flights or other travel arrangements in the event of changes being made to the scheduled departure or arrival times or locations of the cruise vessel.
F. Your Responsibilities
F.1. Your Documentation
F.1.1. You are responsible for ensuring that you and all other persons included in the booking satisfy all passport, visa, travel insurance and health certificate requirements and we accept no responsibility for any refusal of travel or entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such documentation. If you have any queries with regard to documentation and insurance requirements you must raise them with us or your Travel Agent well in advance of travel commencing.
F.2. Health Precautions & FCO Information
F.2.1. You are solely responsible for checking what vaccinations and other health precautions are required or are advisable for your chosen destination and journey with your doctor in good time before departure. You and each member of your group are responsible for ensuring that you have had all relevant vaccinations and are otherwise fit to travel. If you have any doubts or require any information then you must contact us well in advance of travel commencing. Please note that whilst we will endeavour to assist anyone who becomes ill whilst on board any vessel, any health care facilities are limited and we cannot be expected to provide any inoculations or specialist health care whilst on board.
F.2.2. You must provide us with full details of any existing dietary requirements, medical problem or disability or other special needs (including impaired mobility or the need to use any wheelchair, mobility scooter or walking frame) that may affect your travel arrangements (including, in particular, any accommodation requirements) at the time of booking. If in our reasonable opinion, your chosen travel arrangements are not suitable for your medical problem or disability or other special need or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability or other special need at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the travel arrangements are not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel in this situation, charges as set out in clause D1 must be paid by the person concerned.
F.2.3. We reserve the right to deny embarkation or remove any person from a vessel or optional shore excursion who in our reasonable opinion or in the opinion of the vessel’s Master is not fit to travel, and/or has not received written confirmation from us that reasonable adjustments can be made to cater for any particular requirements. In such cases, all related expenses, (including those incurred by the relevant person, or anyone travelling with him or her, in returning home) will be borne by the relevant passengers and they shall not be entitled to any refund or any other compensation whatsoever and we shall have no further liability to them. In addition, we may disembark at any port any passenger who may be suffering from any contagious or infectious disease or whose presence, in the opinion of the vessel Master, may be detrimental to the comfort or safety of other passengers or the crew, or who, in the vessel Master’s opinion, might be excluded from landing at any destination by Immigration or other Governmental Authorities.
F.2.4. The Foreign and Commonwealth Office (“FCO”) produces a wide range of material about overseas countries including details of political unrest, crime and health issues. If you have any particular concerns then you should refer to the FCO website at www.fco.gov.uk.
F.3. Insurance
F.3.1. You must take out insurance suitable for your needs before you travel. We cannot be held responsible for any costs you incur as a result of failing to do so.
F.3.2. If you participate in any activities whilst travelling that have been organised and arranged independently of us, it should be understood that participation is at the individual’s own risk and it is your responsibility to obtain the relevant insurance.
F.3.3. A copy of your insurance certificate and/or details of your policy must be provided to Theatrical Adventures prior to your journey.
G. Accessibility and Mobility Assistance
We understand that some of our passengers may have mobility challenges. However, please note that we are unable to provide staff assistance for pushing wheelchairs or offering physical support to guests who require help walking.
We are also not able to provide personal care or individual assistance for any other disability or physical needs. For your safety and comfort, if you require such support, you must travel with a companion or carer who can provide the necessary assistance.
Please also be aware that, in the interest of passenger safety, if the Cruise Directors determine that a particular excursion or activity is not suitable for your level of mobility, you will not be permitted to participate, and no refund will be offered for the missed activity.
H. Governing Law and Jurisdiction
H.1. These Booking Conditions, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Booking Conditions.
H.2. Your contract is with Theatrical Adventures Ltd, a company registered in England and Wales (Co. No. 07188911) whose registered office is at The Old Vicarage, All Souls Rd, Halifax, HX3 6DR. Your contract incorporates these Booking Conditions and by making a booking with us you confirm your acceptance of these booking conditions.
I. Financial Protection and Your Rights under the Package Travel Regulations
I.1. The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. Theatrical Adventures Ltd will be fully responsible for the proper performance of the package as a whole.
I.2. Additionally, as required by law, Theatrical Adventures Ltd has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent. Theatrical Adventures Ltd holds Financial Failure Insurance administered by TMU Management Limited and underwritten by Accelerant Insurance Europe SA/NV UK Branch, which refunds your payments and, where transport is included in your package, covers your repatriation should we become insolvent. After each payment you make to us, TMU Management Limited will email you directly with confirmation of your cover and the steps to follow should you ever need to claim.
I.3. Your key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 are set out in full at theatricaladventures.com/package-travel-rights and are provided to you before you book.
I.4. Emergency contact while you are travelling: 01422 323 252 (Theatrical Adventures office; our Cruise Directors travel with every cruise).
I.5. If something goes wrong during your holiday, tell our Cruise Directors or the office straight away so we can put it right. If you wish to complain afterwards, write to us at bookings@theatricaladventures.com or The Old Vicarage, All Souls Road, Halifax, HX3 6DR within 28 days of your return; we acknowledge complaints within 5 working days and aim to reply in full within 28 days.
I.6. Theatrical Adventures Ltd is registered in England and Wales (company no. 07188911), VAT no. 508 2595 81, ICO registration ZA811672.