Terms and Conditions
This agreement is made between You and Hays Travel Ltd trading as Imagine Cruising (“The Tour Company”). Hays Travel Ltd (Head Office), 25 Vine Place, Sunderland, SR1 3NA.
Imagine Cruising arranges and provides cruise holidays and excursions by air and sea to customers, upon the following terms and conditions.
Within the meaning of the Package Travel Regulations 1992, your attention is drawn to the provisions in the website, regarding:
- general information regarding the requirement for a valid passport - travel advice can be found at www.fco.gov.uk/knowbeforeyougo;
- any necessary visas and procedure and timescale to obtain them;
- any health requirements for the journey and the stay - Clients should contact their GP, Practice nurse or Travel Health Clinic for recommended practice;
- the measure taken by the Tour Company to keep secure the money which you pay for the Tour; and
- the steps which will be taken to repatriate you from abroad if the Tour Company becomes insolvent
These definitions apply unless the context of the Agreement requires a different interpretation:
"Booking" means any placing of a request by you, in person, in writing or by telephone, for you or someone else to be included in a Tour, either direct to Imagine Cruising or through any authorised agent, together with full, cleared deposit payment for the tour, as advertised
"Confirmation" means confirmation, by Imagine Cruising of a Booking for a tour or an excursion and "confirmed" shall be construed accordingly
"Package Holiday" means a package holiday within the meaning of the Package Travel Regulations 1992
"Ticket" includes an electronically generated ticket
"Writing" includes electronic writing
"Us" / "We" Imagine Cruising
"You" means the Client which may include any person over the age of 18 years or any minor accompanied by such a person.
The terms of this Agreement are:
1. Your Booking
1.1 Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old at the time of booking and possess the legal capacity and authority to book as the lead name and travel on holidays with us and take up the offers advertised by us if they are still available. You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations. Any person who is under 18 years old must be accompanied by an adult on his or her journey.
1.2 In order to make a Booking you must pay either a deposit (to be advised at the point of booking) or the full balance of the total advertised price. It is your responsibility to ensure that the Booking is suitable for your requirements and capacity (including your physical and medical state and any disability from which you may suffer), in every respect.
1.3 Provided that a place is available and we are satisfied that there is no good reason to refuse the Booking, we will confirm the Booking in writing. You must then pay the balance of the advertised cruise price no later than 15 weeks prior to departure. At that point, and not before, the Booking is complete and a contract is then made for the provision of the cruise.
1.4 Within 14 days of booking confirmation, you will be sent a Confirmation Invoice either by post or email.
1.5 Where the cruise constitutes a Package Holiday, the following provisions in any of our advertising shall constitute part of the Booking terms and conditions:
1.5.1 the destinations and, where more than one, the time to be spent at each;
1.5.2 the means, characteristics and categories of transport with dates and times and points of departure and return; any intermediate stops and connections and where to go or stay to effect them;
1.5.3 where accommodation is included, the location, degree of comfort and main features (including categorisation in a member state of the EU)
1.5.4 what, if any meals are included on the cruise;
1.5.5 should Russell Watson be unable to perform, a replacement artist of equivalent stature will be substituted;
1.5.6 the itinerary;
1.5.7 the name of the organiser and any insurer, together with a local representative, whether associated with the Tour Company or not;
1.5.8 the total price for the package holiday and any charges, taxes, dues not included;
1.5.9 the payment schedule and accepted methods of payment;
1.5.10 the need to agree any special requirements with Imagine Cruising;
1.5.11 the ways and means and timetable for making a complaint.
1.6 Your contract is with Imagine Cruising, a trading division of Hays Travel Limited, a member of ABTA with membership number Y2901 for package holidays. When you buy a cruise holiday package which includes a flight from us your arrangements are protected under our Air Travel Organiser's Licence (ATOL) number 5534. In the unlikely event of our or your cruise line’s insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at http://www.atol.org.uk/
1.7 All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. We reserve the right to add a fuel supplement to holiday prices should this increase after the date of this offer. Prices can go up or down. We will be able to tell you the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. We reserve the right to increase the price of your holiday after you have booked but no later than 30 days before the departure date stipulated and will forward an Amendment Invoice reflecting any changes made. After a Confirmation Invoice has been sent to you, any increase to your holiday price will be as the result of changes in our costs of supplying your holiday resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), currency fluctuations and government action. An administration charge is included within these amounts.
If the increase would be 2% or less of the holiday price shown on your Confirmation Invoice (excluding insurance premiums and any amendment charges), we will absorb the changes in our costs described above and will only pass on any increase above that level. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge of £1.
The price quoted on the last Amendment Invoice issued is guaranteed, unless you change your holiday booking. Any increases in our costs which occur after the last Amendment Invoice has been sent will be borne by us. Should you instruct your credit/debit card company to "charge back" any payment(s) properly due from you in respect of your booking, we will charge you an administrative fee of £10 per incident and associated costs. We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s).
Our booking fee varies from £25 per person.
Imagine Cruising is a trading division of Hays Travel Ltd, who are Members of ABTA. 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
2. Cancellation and Amendments
2.1 Any cancellation by you of a Booking must be made in writing to us and will be effective from the date we receive it. Communications must arrive no later than 3pm, Monday-Friday, to allow time to process the cancellation with our suppliers. Any cancellation requests received after this time or on a Saturday or Sunday will be deemed to have been received on the next working day.
2.2 Subject to the following, provided that any cancellation is made in accordance with paragraph 2.1, the balance of any Booking payment still held by us will be refunded to you, once the applicable cancellation charges have been applied. Unlike most other cruise agents, Imagine Cruising do not charge any administrative fee for cancelling your booking.
Period before departure when cancellation notice received
% of total booking*:
105 days or more
Loss of Deposit
14 days or less
*Where the standard deposit is increased to secure specific facilities including all flights, which are non-refundable in whole or part, then the scale of cancellation charges will be based on the % of the cost of all other arrangements, or loss of deposit, as applicable, and the non-refundable charges will be added to that cancellation charge to give the total charge.
Our cancellation charges are a percentage of the total holiday cost, not including any flight costs or insurance premiums which are non-refundable. These charges are based on how many days before your departure we receive your cancellation notice and not when your correspondence was sent to us. Insurance premiums, credit card charges and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
2.3 No refunds will be made in relation to the return part or any other unused part of a ticket.
2.4 Should we not receive a significant uptake on this offer by the end of October 2012, we reserve the right to cancel the package. Written notice shall be given from Imagine Cruising.
2.5 If we have to alter your itinerary, travel or holiday arrangements, any change will be either major or minor. Although it is unlikely that we will have to make any changes to your travel arrangements, we do plan the arrangements many months in advance and as a result we may have to make changes and we reserve the right to do so.
2.6 Where a change is a minor change, we will, if practical, advise you before departure, but we are not obliged to do so or to pay you compensation. A minor change is any change apart from a major change as defined here.
2.7 When a change is a major change (and a major change is either an alteration to your flight time by more than 12 hours, or a change in standard of accommodation), we will advise you as soon as is reasonably possible. You will then have the choice of:
2.7.1 accepting the change, taking an alternative holiday (and where this is of a different price, you or we will refund the difference as appropriate);
2.7.2 withdrawing from the contract and accepting a full refund of all monies paid.
2.8 In addition, in appropriate cases, we will pay compensation commensurate with the inconvenience suffered (on the assumption that the full balance has been paid).
2.9 In the unlikely event that we become unable to provide a significant proportion of your trip after you depart, we will make alternative arrangements for you to continue the trip at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to your point of departure.
2.10 In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances. Compensation will not be considered appropriate, for example, in cases where a major change has to be made as a result of force majeure.
2.11 If we have to cancel your holiday before the date of departure, you will have the choice of:
2.11.1 taking an alternative holiday (and where this is of a different price you or we will refund the difference as appropriate);
2.11.2 accepting the full refund of all monies paid.
2.12 In addition, in appropriate cases, and where such cancellation is not due to under booking or force majeure as defined below, we will pay you compensation commensurate with your inconvenience. Under booking is the situation in which the minimum number of bookings required to run a cruise is not met.
3.1 You must ensure that any medical or other attendance that you require is provided by you.
3.2 You agree that you may be photographed in the course of the cruise for the purpose of Imagine Cruising's future publicity and that any written comments you make about the cruise or Imagine Cruising may be published by us.
3.3 You agree to abide by any reasonable directions (especially any given on account of health and safety), given by the tour company's representatives in the course of the cruise.
3.4 You agree to behave in a reasonable and responsible manner and, in particular that you will do nothing which might endanger the health and safety of any person involved on the cruise or which might result in personal injury to any person or loss of or damage to property belonging to the cruise Company, its representatives or other Clients.
3.5 You agree that it is your responsibility to carry any necessary valid passport or visa, necessary for the cruise. Information can be found at http://www.direct.gov.uk/en/TravelAndTransport/Passports/index.htm
3.6 You agree to inform us of any special requests at the time of booking. We will advise the relevant supplier of such requests but cannot guarantee that they will be met. Furthermore, we have no liability to you if such requirements are not met. You may find it useful to use the www.abta.com/consumer-services/travel_problems/arbitration
In certain circumstances we apply a service charge for the services we provide.
£25 per person
Supplier charge + £25 per person
Credit Card Charge
Late balance payment
Tickets despatched by courier
Couriers charge + £10
Tickets despatched by insured delivery
Postage charge + £10
Our Terms of Business are governed by English Law and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.