Newmarket Holidays Terms and Conditions for Fred. Olsen Cruise Line bookings

Please read carefully

We want you to enjoy every minute of your Fred. Olsen cruise and between us, we'll do our very best to ensure that it lives up to your expectations. We accept your booking and enter into a contract with you on the basis of these booking conditions, which are designed to clarify the contractual obligations between us. Please read them carefully, and feel free to contact us should anything be unclear.
In these booking conditions, references to you and your means all persons named on the booking (including the party leader and anyone who is added or substituted at a later stage) or any of them, as the context requires. 

These booking conditions work in parallel with those of our cruise partner, Fred Olsen Cruise Lines (Fred Olsen). Fred Olsen’s terms & conditions can be found here: https://www.fredolsencruises.com/legal/terms-and-conditions

YOUR CONTRACT WITH US

Your Booking

Your booking, once accepted and confirmed in writing to you by our issuing a confirmation invoice  constitutes a contract between all persons named on the booking and Newmarket Holidays Limited (Company and Newmarket Holidays). When you make a booking, the person who does so (party leader) guarantees that they have the authority to accept and do accept on behalf of all persons travelling on the booking (party and party members) the terms of these booking conditions. The party leader also confirms that they are over the age of 18 and resident in the United Kingdom. When placing an order for services with any age restriction(s), the party leader warrants that he/she and all party members are of the appropriate age to use / receive the benefit of those services. The contract is based on the information given in the brochure and on our website and  the following booking conditions. This agreement and any dispute, claim or other matter of any description which arises between us will be governed by English law (and no other). We both also agree that any claim (including one involving personal injury) or other matter of any nature which arises between us will be dealt with by the Courts of England and Wales  only to the exclusion of all other courts unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). We do not accept bookings from any unaccompanied passengers under the age of 18.

Your Payment

Your confirmation invoice will show the deposit paid and the final balance due. Please note, some fares and other special offers require 100% payment at the point of booking. The outstanding amount must be paid by the due date. Should we not receive payment by this date, we will be entitled to treat your booking as cancelled by you in which case you will be liable to pay cancellation charges in accordance with the scale set out in paragraph 4 below. 

N.B. 1: The person making the booking with us (party leader) does so in accordance with these booking conditions and on the understanding that they will be the basis of the contract between us. The party leader will be directly responsible to the Company for the payment of the total holiday price and, if applicable and where appropriate, for any cancellation charges and disbursement of any monies due from or to any party member(s). The party leader makes the booking on behalf of all party members, and is responsible for ensuring that all the personal data provided to the Company on behalf of any party member(s) is accurate and complete. The party leader is also responsible for ensuring that all party members are aware of and agree to these booking conditions and consent to the party leader acting on their behalf in relation to this booking.

Your Alterations

If you want to change any of the details of your booking, including name changes (see below), we will always do our best to help. We will however charge and pass on an amendment fee as a contribution to our administrative expenses, any applicable rate changes arising as a result of the amendment and any costs incurred by us or imposed on us by any of our suppliers.

For changes requested 91 days or less before departure, costs and charges arising from the change will increase to approximately 30% of the total cruise fare. 90 days or less before departure, changes may not be possible except for a transfer of the booking / place on the booking as referred to below. Please note that any requested amendments will be agreed at our suppliers’ reasonable discretion. Any transfer of a booking from one cruise to another with Fred. Olsen Cruise Line may be considered as a cancellation and rebooking in which case cancellation charges may be payable. All amendment requests must be notified to us in writing, by telephone or by e-mail to Customerservices@newmarketholidays.co.uk by the person who made the original booking. Only one change of name is permitted per booking. 

You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with the applicable amendment fee, must be paid before the transfer can be effected. 

Your Cancellation

You may cancel your booking or part of it once it has been confirmed but the cancellation will only be valid if made in writing direct to the Company or by telephone to our Customer Service team and having answered the security questions. If the cancellation results in a person travelling alone or only one person occupying a cabin, a single supplement is payable. The amount payable on cancellation depends upon when we receive your written instructions - the more notice you give, the less we will charge. The different periods before departure within which written cancellation instructions are received by Newmarket Holidays Ltd. and the amounts of cancellation charges in each period (shown as a percentage of the total holiday price excluding insurance premiums and any previously incurred cancellation or amendment charges which are not refundable) are as follows:

•    91 days or more prior to sailing = deposit only; 
•    90 - 57 days = 35% of total price (45% Long Cruises over 21 nights) (or deposit if greater); 
•    56 - 42 days = 75% of total price (or deposit if greater); 
•    41-16 days = 85% of total price (or deposit if greater), 
•    15 days or less before departure = 100% of total price.

N.B: If the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges. You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign, Commonwealth & Development Office. Dates of your holiday may be changed, prior to the due date of the balance, only once and this will incur a fee. Further alteration of dates cannot be accommodated and will result in the cancellation of your holiday.

Your Fitness to Travel & Health Questionnaire

We strive to give all our customers full care and attention, but we do need to know at the time of booking if you have any disabilities or medical conditions or any special needs or requirements. It is particularly important that we are advised of any disabilities and also if you intend to bring any specialist equipment such as a wheelchair with you. Please make sure you provide us with full details when booking. These will be acknowledged on your Confirmation of Reservation. If you have suffered from a serious medical condition recently, then you should consult with your doctor about your fitness to travel by sea. Please note that wheelchairs and scooters cannot be used at tender ports.

We and Fred. Olsen / any other carrier is entitled to request the completion of a health questionnaire prior to boarding to ensure that the carrier is able to carry passengers safely and in accordance with applicable safety requirements. When completing the questionnaire or embarking the ship, you warrant that you are fit to travel by sea and that your conduct and any medical condition or disability you may have will not impair the safety of the cruise ship or other passengers.

Your Complaints

In the unlikely event that you have problems whilst on holiday, you MUST report the matter to the on-board Passenger Services Officer AS SOON AS REASONABLY POSSIBLE. If the matter is not then satisfactorily resolved, you must complete a written report (form available). You must then follow up any complaint / claim in writing within twenty-eight days of the end of your cruise, including a copy of the original report form. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and, where appropriate, rectify your complaint / claim at the time it arises. This may affect your rights under your contract. We operate a strict code of conduct which also conforms with European / UK regulations on package travel and take any complaints and claims received seriously. However, to be fair to all concerned, complaints will be considered only where the above procedure has been followed.

Your Travelling Conditions

Whereas part of the holiday you have booked you travel by air, land or sea, such travel will be subject to the terms and conditions of carriage of the cruise, rail or coach company providing the transport. In most cases, those terms and conditions will limit the carrier's liability to you in accordance with the applicable international convention or EU regulation. Should anyone be refused boarding onto any coach, ship or other form of transport or entry to the destination country by any transport or government authority, we are likely to be unable to assist and cannot be held responsible. This includes any passenger who fails to advise us of any medical condition or disability which affects or is likely to affect any travel arrangements at the time of booking. If you are prevented from travelling as a result, our responsibility for your holiday thereupon ceases. Full cancellation charges will apply, and we will be under no obligation whatsoever for any refund, compensation or loss you may incur. Copies of the relevant parts of the Fred. Olsen terms are available on request. In the event you end up in difficulty as a result, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on local authorities, health services and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements. Where you are in difficulty because of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur. 

OUR CONTRACT WITH YOU

Our Confirmation Of Reservation

When we have received your booking and deposit (or full payment if you book after balance due date), we will send you a Confirmation of Reservation which details exactly what is booked for you. From this moment, Newmarket Holidays has accepted your booking and a contract between Newmarket Holidays and the persons named on the booking comes into existence. This contract incorporates and is based on these booking conditions.

The Cruise Price

Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease it in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the package. 

You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in the above paragraph which occurs between confirmation of your booking and the start of your holiday. We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your holiday arrangements, which excludes insurance premiums and any amendment charges. You will be charged for any increase in our costs over and above that. If any surcharge is greater than 8% of the total holiday cost, clause 5 Our Alterations will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not later than the date the balance of your holiday cost falls due for payment. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later.

Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place. 

System Errors

We try hard to ensure that advertised prices are up to date and reflect the price you will pay when you book. However, prices do change, and errors can occasionally occur. We reserve the right to change and correct errors in advertised prices at any time before your booking is confirmed. Please check that the price you have for your holiday is the correct one before you confirm your booking.

In the event of your Confirmation of Reservation showing an incorrect price for your holiday, the price that will prevail is the price confirmed to us by Fred Olsen. Where this price is materially different to the one shown on your Confirmation of Reservation and you advise us or we advise you (as applicable) of this fact within 5 (five) days of your receiving the Confirmation, either you or we may cancel the booking if you do not wish to pay the correct price. You will then be entitled to receive a full refund providing you notify us accordingly and request this in writing (preferably by email) within this 5 (five) day period.

Accordingly, you may not seek to rely on a system error with a view to obtaining a holiday at less than the correct price, and any contract entered into on the basis of a mistake, such as incorrect pricing due to a system error, will not be valid or binding on us.

Data Protection:

To confirm and process your booking, we need to collect personal data for all persons named on the booking. We reserve the right to process, store and share the information we collect from you with our suppliers as we reasonably deem necessary to fulfil the contract between us and to comply with national and international law.

To find out more about how we use, disclose and protect your personal data and comply with the Data Protection Act 2018, please visit www.newmarketholidays.co.uk/privacy.

Our Alteration and Cancellation by us:

(1) Changes to confirmed bookings sometimes must be made and we reserve the right to do so in accordance with this clause 5. All alterations which are not significant in accordance with this clause 5(1) will be treated as insignificant alterations. Most alterations will be insignificant, and we have the right to make these. For examples, please see clause 5(2). Where an insignificant alteration is made before departure, we will notify you in writing. No compensation is payable for insignificant alterations which do not entitle you to cancel or change to any other arrangements. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted. Where we must do so, clauses 5(4) and 5(5) below will apply.

(2) Carriers such as airlines may be subject to change. Any such change will not be significant. A change of flight time of less than 12 hours, airline, departure airport between airports in the same geographical area, type of aircraft (if advised), destination airport or accommodation to another of a similar standard and with similar facilities will also all be treated as insignificant changes.  In booking a cruise you are taken to have agreed that the confirmed itinerary is not contractually binding and that whilst we will endeavour to provide this, changes may be made.

(3) All group holidays require a minimum number of bookings to enable us to operate them. We reserve the right to cancel any holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason no later than the date the full cost of your holiday is payable (usually 60 days before departure).
 
(4) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you do not do so. 

(5) If you choose to cancel your booking in accordance with clause 5(4), we will refund all payments you have made to us within 14 days of the date cancellation takes effect and terminates your contract (which is usually the date we or the travel agent through whom you made your booking send you a cancellation invoice following receipt of your written cancellation notification). If we do not hear from you with your decision within the specified period (having provided you with the above-mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation (see above). No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 6 below).

(6) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see clause 6 below) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 5(3). Where we must cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 5(5)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result. We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 4 Your cancellation will apply. 

(7) Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements because of unavoidable and extraordinary circumstances in accordance with clause 5(6) above and we exercise our right to cancel as a result or clause 5(8) below applies. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform or provide the contracted arrangements. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel.

(8) In the event that unavoidable and extraordinary circumstances (see clause 6 below) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any previously incurred amendment or cancellation charges). Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid in accordance with clause 5(5) above. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation.

Unavoidable & Extraordinary Circumstances:

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature because of, unavoidable and extraordinary circumstances.  In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood, an outbreak of serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity. Unavoidable and extraordinary circumstances also include any epidemic or pandemic and any resultant impact on travel.

Responsibility for your holiday:

(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care.  This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.  In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

(2) We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following: -
  a. the act(s) and/or omission(s) of the person(s) affected; or
  b. the act(s) and/or omission(s) of a third party not connected with the provision of your holiday, and which were unforeseeable or unavoidable; or
  c. unavoidable and extraordinary circumstances as defined in clause 7.

(3) We cannot accept responsibility for any services which do not form part of our contract.  This includes, for example, any additional services or facilities which Fred Olsen Cruise Line or any other supplier agrees to provide for you where the services or facilities are not advertised by us in our brochure or on our website and we have not agreed to arrange them as part of our contract with you and any excursion or activities you purchase during your holiday. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable local standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided.  This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 1(1) of this section C. We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.

(5) Except as set out in clause 7(6) below or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 7(6) below. This maximum amount will only be payable where everything has gone wrong, and you have not received any benefit at all from your holiday.

(6) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 7(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the applicable international convention(s) or EU regulation(s) which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended  and the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation (EC) on Air Carrier Liability No 889/2002 on air carrier liability in the event of accidents for national and international travel by air, the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 (as amended by the 2002 protocol) and Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents, the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Travel by Rail (COTIF) as amended and Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations. You may also have rights under regulation (EU) no 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway or regulation (EC) no 1371/2007 on rail passengers’ rights and obligations.  Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.

(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self-employed earnings).

Special Requests, Medical Conditions, Difficulties whilst you are away and UK Government advice

(1) Special requests relating to your chosen holiday arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try to meet or arrange any reasonable special requests, we cannot guarantee that they will or can be fulfilled. If we can specifically confirm a special request or requirement, we will do so on our Confirmation of Reservation. Where any request or requirement has not been specifically confirmed in writing on our Confirmation of Reservation, a failure to meet it will not be a breach of contract on our part. 

(2) If you or any member of your party suffers from any medical condition, disability or significant reduction in mobility which may affect your chosen arrangements, please provide us with full details in writing at the time of booking and before we issue our Confirmation of Reservation. We will only provide precise information on the suitability of the trip taking account of your specific needs if you specifically request us to do so. Acting reasonably, if we are unable to properly accommodate your needs, we will not be able to confirm your booking or, if you did not give us full details at the time of booking and we reasonably consider we are unable to meet your needs when we become aware of them, we will treat your booking as cancelled by you when we become aware of these details. Cancellation charges will then be applicable.
 
(3) In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty because of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.

(4) We take the safety and security of our customers extremely seriously. If the Foreign, Commonwealth & 
Development Office (FCDO) advises against all travel or all but essential travel to a particular country, we would act on that advice. However, we are sure you appreciate from press and television coverage that the political, economic and social conditions in many countries are not as stable as we are used to. Sadly, crimes against both people and their property are a fact of life the world over. When overseas, it is very important to be extra vigilant and avoid drawing attention to yourself by, for example, wearing expensive jewellery, carrying expensive camera and other equipment or not abiding by local customs etc. Travellers have the same responsibility for their personal safety and that of their possessions as they do at home. As situations in countries can change rapidly, you are recommended to visit the FCDO Travel Advice website at www.gov.uk/foreigntravel-advice for up-to-date information and advice regarding safety.

Our complaints procedure

Newmarket Holidays Ltd is a Member of ABTA with membership number V7812. ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you ABTA's scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute.

We can normally agree an amicable settlement of the few complaints we receive. However, if we cannot agree, disputes arising out of, or in connection with this Contract may (if the customer so wishes) be referred to ABTA. Go to www.abta.com to use ABTA's simple procedure. Further information on the Code and ABTA's assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at htt ://ec.euro a.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved. Redress under this Scheme requires written notice requesting arbitration to be made within nine months of scheduled date of return from the holiday.

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 travel services that make up your package. These terms are incorporated into this booking; and b) Any relevant international convention, for example the Athens Convention in respect of travel by sea, which limit the amount of and conditions under which compensation can be claimed 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 the extent of or the conditions under which compensation is to be paid under these or any conventions. 

If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible, of equivalent category, for a maximum of three nights. The limit doesn't apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, if you notified us of these needs at least 48 hours before the start of your holiday.

N.B: This entire clause does not apply to any separate contracts that you may enter for excursions or activities whilst on holiday.

Our Responsibility For Your Holiday:

(a)    Although we have no direct control over services provided to you by independent suppliers, we accept responsibility for the reasonable standard of the holiday which you book. If any part is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday.

(b)    We accept responsibility if you or any person named on the booking suffers bodily injury, illness or death due to the  negligent acts and/or omissions of: (i) our employees or agents; or (ii) our suppliers or sub-contractors, servants or agents whilst acting within the scope or in the course of their employment to provide any service or arrangement forming part of the holiday that you have booked with us save that we do not accept responsibility for any air or sea carriers whose liabilities are limited by the relevant International Conventions. Any such claims will be subject to and dealt with in accordance with English Law and will be subject to the jurisdiction of the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).

(c) We shall give you assistance in the event that you suffer illness, personal injury or death during the period of your holiday overseas arising out of an activity which does not form part either of the holiday arrangement with us or an excursion offered through us. This assistance will include advice and guidance and, at our discretion and where appropriate, financial assistance subject to our spending a maximum amount in this regard on behalf of yourself and any other person named on the booking of £5,000 in total.

(d) In the event of a claim under this clause against us by you or any person named on the booking we reserve the right to claim in your place against the person or corporation responsible for the act, default or omission giving rise to the claim and you hereby agree to assign to us all your rights under this clause and we will be subrogated to those rights and you hereby agree to assist us fully in the event that we enforce the rights which have been assigned to us or to which we are subrogated.

(e) We take the safety and security of our clients extremely seriously. If the Foreign, Commonwealth & Development Office advises that people should not visit a particular country, then we would act on this. However, we are sure you appreciate from press and television coverage that the political, economic and social conditions in many countries are not as stable as we are used to. Sadly, crimes against both people and their property are a fact of life the world over, and when in a foreign county it is very important to be extra vigilant and avoid drawing attention to yourself by wearing expensive jewellery, carrying expensive camera equipment etc. Travellers have the same responsibility for their personal safety and that of their possessions, as they do at home.

BEFORE BOOKING YOUR CRUISE

Travel Insurance

You must have appropriate insurance to sail onboard a Fred. Olsen Cruise ship and proof of insurance will be requested to permit boarding. Newmarket Holidays Ltd recommends Holiday Extras. Please visit the Holiday Extras website or call 0800 458 9216 quoting ABTA number V7812. Because of the importance of having adequate insurance cover, we make it a condition of booking on all cruise holidays that you are covered by an insurance policy that provides health cover including cover for pre-existing medical conditions. You agree to indemnify Newmarket Holidays Ltd. for any costs that arise which would otherwise have been met had an appropriate insurance been taken. 

As situations in countries can change rapidly, we would suggest you may wish to visit the Foreign Office Travel Advice website at www.gov.uk/foreiqn-travel-advice for up-to-date information and advice regarding safety BEFORE 

Newmarket Holidays Ltd is a Member of ABTA with membership number V7812. ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute.

Financial Protection & Repatriation

The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Newmarket Holidays Limited membership number 5509, and in the event of their insolvency, protection is provided for Non-flight packages.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Newmarket Holidays Limited.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.leqis|ation.gov.uk/uksi/2018/634/contents/made 

You can find out more about ABTOT here: https://www.abtot.com/

IMPORTANT INFORMATION

Booking

Providing clear, correct information when making your booking is essential, for it is from this information that we make your reservation and our contract with you. The person to whom all correspondence, invoices and joining instructions are to be sent, should be given. It is also their address and telephone number(s) that should be shown. For all cruises it is essential that all passenger names match those on the passports. If any member of your party
e.g. newlyweds, changes their name between booking this holiday and travelling, it is essential that you inform us. We do not accept bookings from any unaccompanied passengers under the age of 18. To travel aboard the ship, it is important that passengers read and sign, or in the case of web bookings, acknowledge that they have read the Booking Conditions of both Newmarket Holidays & Fred. Olsen Cruise Line, which cover the detailed terms and conditions under which bookings are accepted. It is the passenger's responsibility to ensure all the ship's manifest information, including, but not limited to, full names, dates of birth, passport details, travel insurance and medical declarations are provided to the company in a timely manner. Failure to provide such information and assigned acknowledgement of our Booking Conditions could result in a delay in boarding at Embarkation or, in extreme circumstances, the permissions to board being refused.

Suppliers Conditions

Many of the services which make up your holiday are provided by independent suppliers. Some of their terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with International Conventions. Copies of relevant terms and conditions and particularly the Terms and Conditions of Carriage at Sea of the carrier providing your cruise are available on request from us.

Fitness to Travel

We strive to give all our customers full care and attention, but we do need to know at the time of booking if there are any special needs or requirements. It is particularly important that we are advised of any disabilities and if you intend to bring any specialist equipment such as a wheelchair, mobility scooter or C-PAP machine with you. Please make sure you send in full details when booking. These will be acknowledged on your Confirmation of Reservation. If you have suffered from a serious medical condition recently, then you should consult with your doctor about your fitness to travel. by sea. Please note wheelchairs and scooters cannot be used at tender ports.

Special Requests

We endeavour to comply with any special request you may have by passing them through to the ship; however, we cannot guarantee that all requests will be met, since they may be outside our control.

Final Travel Documents

You will receive your departure documents approximately ten days prior to departure, directly from Fred. Olsen Cruise Line, provided all payments have been made and applicable information received. 

Extras not booked with Newmarket Holidays

We cannot be held responsible for compensation in respect of any extras which are booked (eg travel insurance, currency, theatre tickets) with a third party, if we subsequently cancel your holiday for whatever reason. 

Passport, Immigration & Health Requirements

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure. You must notify us regarding next of kin details and any other important information we request before you travel.
A full 10-year British passport is required for all cruises, and your passport must be valid for a full 6 months following your date of return to the UK. If you do not hold a valid 10-year British passport, please note it can take up to twelve weeks to obtain a new one. Travel to the European Union has changed since the UK's exit. You should ensure you meet all entry requirements. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or
Consulate of the country(ies) to or through which you are intending to travel. You must ensure you have the correct travel documents in your possession before departure, failing which you will be liable for any costs, which you or we may incur as a result. Please note that, very occasionally, a last-minute change may entail entering an additional country. Please note children must now have their own passport. For all passport enquiries contact the UK Passport Agency on 08705 210 410 or at the home office website.
From late 2024, the EU plans to introduce the Entry/Exit system (EES). This is a new digital border system that will change requirements for British nationals travelling to the 26 European countries of the Schengen area.

If you are travelling to a country in the Schengen area using a UK passport, you will be required to register your biometric details, such as fingerprints and/or a photo, when you arrive. EES registration will replace the current system of manually stamping passports when visitors arrive in the EU.  

When EES is introduced, you will need to create a digital record on your first visit to the Schengen area at border on arrival. You will be required to submit your fingerprints and have your photo taken at dedicated booths. You will not need to provide any information before travelling to a Schengen area country. If you are flying to a country in the Schengen area, you may experience longer queue times when you arrive at your destination.

From early 2025 (exact date to be confirmed), British nationals arriving in the European Union will be required to be in possession of an ETIAS visa. The ETIAS visa is expected to cost 7 Euros per person and must be obtained before travel. We have partnered with the Travel Visa Company to support customers should it be required. Details can be found here: https://thetravelvisacompany.co.uk/newmarket-holidays/?sup=NMH. 

 

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