Agency Terms & Conditions
Agency Terms & Conditions
Holidays booked through Sunshine Cruise Holidays Ltd operating as retail Travel Agency Cruise1st.co.uk are governed by these conditions and our Website Notice Legal Terms & Conditions.
Please read them carefully. Should you require any clarification of these Terms and Conditions, please ask your Sales Consultant at the time of booking. Please note that separate Terms and Conditions apply to bookings made with the Sunshine Cruise Holidays Ltd where we act as principal including where we book a package holiday that we have arranged. Package Terms & Conditions.
1) Your Contract
a) Your holiday arrangements are booked through Sunshine Cruise Holidays Ltd, trading as Cruise 1st. Our registered office is at Office 310 3rd floor, Manchester Digital World, 1 Lowry Plaza, The Quays, Salford, M50 3UB and our registered company number is 03931005. We are members of ABTA Ltd (ABTA numbers L7369 and Y2668). We act as a booking agent for suppliers of cruises, flights, holiday accommodation and other services. Please read these booking conditions carefully as you will be bound by them.
b) Your contract is with the suppliers of the services and your booking is also subject to the supplier's terms and conditions. As we are acting as agents, or sub-agents, for these suppliers we accept no liability for any failure in the services or any loss of any nature suffered by you as a consequence of using the services.
c) You agree to submit to the jurisdiction of the English Courts in any matters that fall within the scope of the agency responsibility of Sunshine Cruise Holidays Ltd.
d) When you make a booking you confirm that you have the authority to accept and do accept, on behalf of your party, the terms and conditions set out below. A booking can only be made by a person aged 18 years or over.
2) Supplier Conditions
a) Please note that all bookings are subject to the supplier's terms and conditions of booking which can be found on the supplier's website or in their latest edition brochure. These contain limitations and exclusions of liability to any person who travels with them. They should be read carefully as you are bound by them once you proceed with your booking.
b) Any accommodation and amenities are as described in the supplier's brochures or on their websites and therefore any changes made are subject to their booking conditions.
c) The suppliers reserve the right to change itineraries and details. All flight timings are provisional and could be subject to change by the supplier. We will endeavour to inform you of such changes, but do not accept any responsibility for such changes
3) Making Your Payment
a) You will need to pay a deposit, as required by your contracted supplier(s), plus any booking fees and insurance premiums at the time of booking. If you make a reservation with a zero deposit, the required deposit must be paid within 30 days of booking or when the final balance is due whichever is sooner. The balance of your holiday must, unless otherwise advised, be paid at least 15 weeks prior to departure. For late bookings i.e. normally within 15 weeks of departure or where the supplier requires full payment you will be asked for a higher deposit or the full payment at time of booking. Some supplier promotions now give discounts based on full payment of the cost of the holiday immediately upon confirmation. Should this be the case stricter cancellation terms may immediately come into effect and in some cases may be up to 100% of the cost of your holiday.
b) All travel arrangements are subject to availability at the time the booking is made. Your booking is confirmed once a confirmation number has been received by Sunshine Cruise Holidays Ltd from the supplier concerned. You are reminded that should you choose to cancel or amend your booking, you will be liable for any additional administration fees levied by both the supplier(s) and Sunshine Cruise Holidays Ltd (see 8 below).
c) The person making the initial booking guarantees payment to Sunshine Cruise Holidays Ltd of the total amount due on behalf and with the consent of all other persons who are party to the booking.
d) All payments must be made in pounds sterling and all cheques must be drawn on a UK bank and made payable to Sunshine Cruise Holidays Ltd or Cruise1st. We accept MasterCard and Visa credit or debit card payments.
4) Prices and Accuracy of Promotional Material
a) All information contained in any of our promotional material, e.g. brochures, advertisements, mail shots, websites, travel channel and e-shots, is based on information available at the time of publication. Every effort is made to keep our websites and promotions up to date but tour operators are continually updating their information so we cannot guarantee that this is reflected in the latest changes. We cannot include all the information relevant to the tour operator's holidays being promoted so it is important that you read their current brochure or visit their website for further details. We reserve the right to change any information before your booking is confirmed and the amended information will then form part of your contract with us. Whilst every effort is made to ensure the accuracy and prices at the time of printing, regrettably errors do occasionally occur. We reserve the right to correct errors prior to confirming your booking.
b) Gratuities vary between cruise operators. Sunshine Cruise Holidays Ltd will try to advise of operators gratuities policy but can not be held responsible for any third party compulsory charges. For up to date information on gratuities please refer to relevant operator's latest brochure or website.
c) If an additional discount is given by Sunshine Cruise Holidays Ltd it is generally based on the Suppliers selling price. Subsequent changes to your booking e.g. a part cancellation or use by you of a Tour Operators voucher to part pay a booking may affect the amount of discount we give you.
5) Your Tickets
Tickets and travel documents are normally supplied 10 to 14 days prior to departure. If you have not received your tickets 7 days before departure please contact us using the contact details provided below. Please check your travel documents carefully upon receipt, and advise us immediately of any error. If you have any further queries, please contact our Customer Services Dept on 0161 385 7425 or e-mail us at [email protected]
6) Travel Insurance
a) a) It is a condition of booking with every supplier that you must have adequate travel insurance to ensure that you are covered against unexpected cancellation charges prior to departure and during your holiday
b) b) If you make alternative insurance arrangements, we reserve the right to view details of your insurance cover (insurer and policy number), as we may have to pass this information on to the suppliers. It is your responsibility to ensure that you are adequately insured throughout your holiday
7) Special Requests
a) Special Requests such as (but not limited to) assigned seat number requests, special meal requests or rooming requests will be passed on to the relevant supplier but cannot be guaranteed by Sunshine Cruise Holidays Ltd.
8) If You Cancel or Amend Your Booking
a) If you wish to amend your booking, please email [email protected], ensuring you add the date of departure within the email subject. All amendments are processed in departure date order - unfortunately our phone team cannot assist in the amendment of your booking. You will be asked to pay an administration charge of £50 per person and any further costs we incur in making the changes. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. N.B. Certain travel arrangements may not be changeable after a reservation has been made and any requests to make a change may incur a cancellation charge of up to 100% of that part of the holiday/arrangements.
Your booking can be cancelled subject to payment of the cancellation charges which will be levied by the suppliers.
b) In addition to the cancellation charges outlined below, there will be an administration charge of £75 per booking payable upon cancellation. This will not exceed 100% cost of your booking
The level of cancellation charge payable is dependent upon how far in advance of the departure date you cancel your booking and the type of booking made. Some supplier promotions now give discounts based on full payment of the cost of the holiday immediately upon confirmation. Should this be the case stricter cancellation terms may immediately come into effect and in some cases may be up to 100% of the cost of your holiday. Please see the relevant supplier's terms and conditions for details of these charges. All cancellations must be made in writing by the lead name in your party to [email protected] or post to:
Customer Services Cruise1st.co.uk
Office 310 3rd floor
Manchester Digital World
1 Lowry Plaza, The Quays
b) For guidance only, typical cancellation charges are likely to be as follows:
(Please note the date of the cancellation will be taken as the day we receive the cancellation in writing as opposed to any telephone contact):
1. Cancellation more than 105 days before departure – loss of deposit;
2. Cancellation between 105 and 56 days before departure – loss of 75% of total holiday cost;
3. Cancellation between 55 and 15 days before departure – loss of 90% of total holiday cost;
4. Cancellation less than 15 days before departure – loss of 100% of total cost.
c) Any cancellation charges may be recoverable through your travel insurance. Please check your insurance policy for more information.
d) If you wish to amend your booking this may be possible but will be subject to the policies of the suppliers of your travel arrangements. Any additional costs including any administration fees charged by the suppliers and by Sunshine Cruise Holidays Ltd will need to be paid before any change is confirmed.
e) You will be asked to pay an administration charge of £50 per person along with any further costs we incur in making the changes.
f) Please note that in some cases, suppliers of [for example but not limited to] your cruise, flight, hotel etc may treat any changes made as a cancellation to the booking and you may be asked to pay up to 100% of the cost should you wish to make any changes after your booking has been confirmed.
g) For complete and accurate details of your holiday cancellation and amendment terms please refer to the latest brochure from your cruise company or visit their website.
9) Alterations to Your Booking by the Supplier
a) Unfortunately, we cannot control or prevent changes implemented by our suppliers. Should a change occur we will endeavour to minimise the inconvenience you may experience. We cannot however offer any compensation. Again, please refer to the booking conditions of the Supplier.
10) If You Have a Complaint
a) If you have a complaint regarding any part of your booking, please contact the supplier of the service in question at the earliest opportunity. If you have a problem whilst on holiday notify the supplier, principal or local supplier immediately. If you fail to do this there will be less opportunity to investigate and rectify your complaint. Any complaint letters sent to us on your return will be directed to the relevant supplier responsible for providing your booked arrangements.
b) Should you have a complaint about any aspect of the service provided by Sunshine Cruise Holidays Ltd please email [email protected] or write to our customer services department within 28 days of returning to the UK who will in turn investigate your complaint.
c) If your complaint cannot be resolved and it involves us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA, see www.abta.com for further details.
11) Data Protection
a) For the purpose of the Data Protection Act 1998 we, Sunshine Cruise Holidays Ltd, are a data controller. In order to process your booking, we need to collect personal details from you. These will include, where applicable, the names and addresses of party's members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen booking and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. In order to process your order we will share your information with the airline, hotel, car rental agency, or other involved third party or supplier. We will provide only the personally identifiable information necessary to ensure the successful fulfilment of your travel arrangements. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
b) We have appropriate measures in place to protect the personal details you give us. Where your travel arrangements are to take place outside the European Economic Area, (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however pass any information on to any company and/or organisation not responsible for providing any part of your travel arrangements. Where you provide us with personal details relating to any special requirements and/or details of any illnesses, disabilities or religious requirements, you consent to this information being passed onto any organisation or companies responsible for any part of your travel arrangements whether in the EEA or not. If we cannot pass this information to the relevant suppliers, we cannot process your booking.
c) We are entitled to assume you do not object to our doing any of the things mentioned above unless you tell us otherwise in writing. You are generally entitled to ask us (by letter or e-mail) which details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. In limited circumstances we are entitled to refuse your request. Except where expressly permitted by the Data Protection Act 1998, we will only deal with the personal details you give us as set out above unless you agree otherwise. For example, if we wish to use any of your personal details for marketing purposes, we will tell you this when we ask for your details and give you the opportunity to say no if you do not want us to do so.
12) Our Liability to You
a) We act only as an agent for the ultimate service provider concerned and your contract for your holiday arrangement is directly with the service provider. We accept no liability in relation to the service itself or for the acts or omissions of the service provider concerned. Please note that all bookings are also subject to the supplier's/principal's conditions of booking. These contain limitations and exclusions of liability to any person who travels with them.
b) Sunshine Cruise Holidays Ltd is not your tour operator. Any holiday representative on location will have been provided by your holiday operator. We would advise you to contact the relevant supplier, e.g. tour operator, directly should any problem or complaint arise, ensuring that you take the contact numbers with you when you travel.
c) When booking with Sunshine Cruise Holidays Ltd your flights and accommodation, or any other services you may choose to book with us, are unrelated to each other and are likely to be arranged and provided by different suppliers. We will notify you at time of booking or before travel of the suppliers providing your chosen holiday arrangements.
d)If you choose to book other elements of your holiday separately (not through Sunshine Cruise Holidays Ltd) eg a flight to meet your booked cruise cabin, please be aware that neither Sunshine Cruise Holidays nor your cruise line operator will accept liability for the failure of any of these other elements or any subsequent issues arising thereof. Whilst we will always try to help in such a situation you must ensure your travel insurance policy covers your group for any and all issues arising from the failure of one or more components of a holiday booked by yourself where the elements are not packaged together and bonded under an ATOL licence.
Should you wish to ensure your holiday elements are packaged and bonded together against failure (financial or otherwise), Cruise1st are happy to tailor make a package for you under our ATOL licence 6777, or alternatively book you the cruise line package (flights, transfer, cruise)which will be protected from failure by the Cruise Line
11) If You Have a Complaint
a) If you have a problem during your holiday, please inform our local representative (the contact number for this will be provided on the holiday vouchers provided with your itinerary) and we will immediately endeavor to put things right. If your complaint is not resolved locally please follow this up by writing to our Customer Services Dept at:
Office 310 3rd floor, Manchester Digital World, 1 Lowry Plaza, The Quays, Salford, M50 3UB
within 28 days of your return home. Please give your booking reference number and any other relevant information. We strongly recommend you communicate any complaint to the supplier of services and complete a report form where available, during your holiday. Failure to do so may affect our ability to investigate the matter complained of, and your rights under the contract. Please keep your letter precise and to the point.
b) Disputes arising from this contract which cannot be settled amicably may be referred to arbitration arranged by ABTA as covered above (Clause 3). This scheme provides a simple and inexpensive method of arbitration without the need for a hearing. The scheme (details of which will be supplied on request)Application for arbitration must be made within 9 months of the date of return from the holiday, but it may, in special circumstances still be offered outside this period. Please also see details of the ADR scheme arranged by ABTA detailed in clause 3 above.
c)If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
12) Our Liability to You
a) We accept responsibility for the full and proper performance of your holiday as described in our brochure. If any part of your holiday is not provided as promised, due to the fault of our employees, agents or suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your holiday. Subject to paragraphs 11b), 11c), 11d), 11e) below, our liability in all cases shall be limited to a maximum of twice the cost of your holiday.
b) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub contractors whilst acting within the scope of or in the course of their employment in the provision of your holiday. Please note however that we will not be liable for any injury, illness or death or consequent losses suffered by you or any member of your party where such injury, illness or death was not caused by lack of reasonable care/skill on our part or that of our suppliers in performing our obligations under the contract. Where you can prove this, we will pay to you such damages as are applicable in such circumstances under English Law or the Law you have chosen under Clause 1 of this contract.
c) We will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or 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. Our liability will also be limited in accordance with and/or in an identical manner to:i). The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and ii) 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. 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 us. If any payments to you are due from us, any payment made to you by the airline, an insurer or supplier will be deducted from this amount.
d) In respect of claims for death and personal injury we will not be liable for any loss of profit of loss of business or any form of consequential loss or damage, whether or not arising as a result of physical damage to property and regardless of the actual cause of such loss or damage.
13) Passport, Visa & Immigration Requirements
Your specific passport, visa and health requirements and compliance with other immigration regulations are your responsibility and you should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa, health or immigration requirements. Information on current travel requirements and restrictions can currently be found by visiting https://www.gov.uk/foreign-travel-advice.
The Package Travel, Package Holiday and Package Tours regulations 1992 require us to provide security for the monies that you pay for the package holidays booked through our company and your repatriation in the event of our insolvency. We provide this security by way of a bond held by the Civil Aviation Authority. Our ATOL number is ATOL 6777. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad, and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk. Please see our separate terms and conditions for any package holiday booked with Sunshine Cruise Holidays Ltd where we act as the principal. Package Terms & Conditions.
Sunshine Cruise Holidays Ltd is a member of ABTA Ltd (L7369). ABTA and ABTA members help holidaymakers to get the most from their travel and assist when things don't go according to plan. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. For more information on ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ, tel 020 3117 0581 www.abta.com