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Coastal Cruises is a trading name of :

Westgate Travel, 91 Talbot Road, Talbot Green, Mid Glamorgan. CF72 8AE
- ABTA No. 90295

Agents for Hurtigruten Ltd

 

Please note that all payments by credit card will attract a charge of 1.5% of the transaction value. American Express cards will attract a charge of 2%. There is no charge for debit / Switch cards or cheque payments.

 

PASSAGE CONTRACT TERMS & CONDITIONS

1. The Contract

 

1.1 Upon acceptance by Silversea of a reservation for a Silversea Holiday ("the Holiday"), a contract is made ('the Holiday Contract') incorporating these Terms and Conditions between the Guest or Guests in respect of whom the reservation is made ('the Guest') and Silversea Cruises (UK) Ltd ('Silversea') of 77/79 Great Eastern Street, London EC2A 3HU.

 

1.2 Silversea Cruises Ltd and any other party who arranges part of the Holiday, and their respective employees, agents and subcontractors, as well as all employees, agents and subcontractors of Silversea shall have the benefit of all rights, limitations and exemptions available to Silversea.

 

2. Reservation

 

2.1 Reservation of a Silversea Holiday may be made through a Travel Agent or with Silversea.

 

2.2 On receipt and acceptance by Silversea of a deposit of 20% (or such other proportion as may be agreed by Silversea) of the total Holiday price per person together with evidence of insurance cover, and the completed signed Booking Form, Silversea will, subject to availability, issue confirmation of the reservation and issue an invoice for the fare. It is the responsibility of the Guest to ensure that all confirmation details are correct and advise Silversea of any necessary amendments at the earliest possible opportunity.

 

2.3 The balance of the fare must be received and accepted by Silversea not later than 120 days before departure, or immediately upon receipt of invoice if received less than 120 days before departure, failing which Silversea reserves the right to cancel the reservation and forfeit the deposit and to resell the Holiday.

 

2.4 Guests must provide full and correctly spelt names which accord with passport details at the time of reservation. Guest names cannot be changed after reservation unless a written request is made to Silversea. Silversea will accept a request for changes of name or other detail of reservation made no later than 60 days before departure. Silversea will also try to accept a request made more than 21 days before departure. Such changes will not be possible if a request is made less than 21 days before departure. Fees may apply.

 

2.5 Fares quoted in this brochure include all government taxes which do not have to be paid locally. Those which have to be paid by the Guest locally, are extra and for the Guest's account.

 

2.6 Save where the Holiday Contract involves air travel, in these Terms and Conditions a payment will only be considered to have been accepted and received by Silversea before a certain date if it has actually been accepted and received by Silversea (rather than any Travel Agent or other third party) before that date. Any and all payments for any Silversea Holiday must be received and accepted by Silversea on or before the due date. If payment is not received and accepted by Silversea in time, then Silversea reserves the right to refuse to accept the payment and any associated proposed reservation and to cancel any associated reservation that has been made.

 

This means that if a holiday is offered at a particular price on the condition that payment is received and accepted by Silversea before a certain date and those conditions have not been met then Silversea may:

a) refuse to accept the proposed reservation; and

b) cancel any reservation it had previously accepted.

 

2.7 For cruise-only Guests embarking and/or disembarking a voyage in Ushuaia, charter air service between Buenos Aires and Ushuaia is not included in the cruise fare, unless otherwise specified. All cruise-only Guests embarking and/or disembarking a voyage in Ushuaia are required to purchase Carrier's all-Economy Class charter air service between Buenos Aires and Ushuaia, regardless of flight utilisation (the "Ushuaia Charters").

 

Cruise-only Guests embarking and/or disembarking a voyage in Ushuaia will be automatically invoiced for the Ushuaia Charters. The Ushuaia Charters include transfers in Ushuaia between the airport and pier on day of embarkation and disembarkation.

 

Ushuaia Charters may only be cancelled upon complete cancellation of the cruise reservation and are 100% non-refundable 60 - 0 days prior to the initial sailing date.

 

Flight times, once advised, are subject to change without notice. Not included in the Ushuaia Charter fares are: port charges, government fees and taxes, transportation pre- and/or post-cruise to and/or from the applicable airport in Buenos Aires for which the Ushuaia Charters will depart from/to (except when applicable to the Silversea Air Programme package, if purchased). Ushuaia Charters are all-Economy Class and upgrades are not offered.

 

2.8 The Silversea Air Programme package is optional and includes roundtrip Economy Class air transportation from select UK gateways and transfers between the airport and pier on day of embarkation/disembarkation, unless otherwise indicated. The Silversea Air Programme package may also be requested in Economy Plus, Business Class or First Class, and may only be confirmed subject to availability and upon additional payment by Guests of the applicable airfare for the class of service purchased. The Silversea Air Programme is sold as a package and Guests electing not to use any portion do so voluntarily. No refund will be made by Silversea on unused package components. The Silversea Air Programme is subject to availability at the time of booking. In the event airlines raise their rates and/or impose surcharges, Silversea reserves the right to increase the Silversea Air Programme package rates to pass along these increases to the Guest.

 

For those Guests purchasing the Silversea Air Programme package and embarking and/or disembarking a voyage in Ushuaia, the Ushuaia Charter fare is included in the Silversea Air Programme package fare. In the event a Guest cancels the Silversea Air Programme package and not their cruise reservation, Guest will be required to purchase the Ushuaia Charters as referenced above.

 

3. Tickets

 

3.1 All tickets issued in respect of the Holiday are non-transferable. Silversea shall not be liable to make any refund for any lost or unused or partly unused ticket.

 

4. Shore Excursions, Land Programmes, Off-Ship Sports & Recreational Activities, Expedition Excursions (collectively the "Excursions"), use of Equipment, Lecturers and Personalties

 

4.1 Excursions included within the Holiday may be subject to minimum or maximum numbers of participants. Excursions may also vary from those advertised in advance and are subject to availability. Silversea shall have no liability whatsoever for any Excursions which do not form part of the Holiday booked with Silversea.

 

4.2 Silversea shall not be liable for any loss or damage, including but not limited to, loss of enjoyment, disappointment or distress for changes to, or cancellation of any complimentary expedition Excursion or transfer.

 

4.3 Lecturers and personalities may vary from those advertised in advance.

 

4.4 In consideration of payment of the price, the Guest, unless otherwise provided herein, will have the option to utilise equipment provided by Silversea and to participate in various sports and recreational activities and expedition excursions off, under, around, about and in the environs of the ship and locations visited during the Holiday. These activities include but are not limited to zodiac transfers, fishing, kayaking, snorkeling, swimming, hiking and extensive walking ("Off-shore Activities").

 

The Guest acknowledges that:

(a) there are risks and dangers involved in the participation in Off-ship Activities and that these are dangerous activities that can result in serious injury or death;

(b) Silversea can in no way guarantee the safety or welfare of the Guest in any off-ship activities and that Silversea is merely providing equipment and instruction to enhance the Guest's enjoyment;

(c) The Guest shall knowingly and voluntarily assume the risk of and shall indemnify Silversea against any claims made by him or on his behalf as a result of using Silversea's equipment and participating in Off-ship Activities;

(d) The Guest shall acquire the training and skill necessary to participate in Off-ship Activities and shall follow the rules and procedures maintained by Silversea; and

(e) Silversea shall accept no responsibility for the Guest's failure to abide by governmental rules, regulations and restrictions and Silversea's rules and procedures concerning Off-ship Activities.

 

The Guest will be required to sign an Indemnity and Release before being allowed to participate in any Off-ship Activities. Any Guest unwilling to sign an Indemnity and Release will be unable to participate in any Off-ship Activities.

 

5. Cancellation by the Guest

 

GUESTS ARE REMINDED OF THE DIFFERENT CANCELLATION PROVISIONS FOR THE USHUAIA CHARTER SET OUT AT CLAUSE 2.7.

 

5.1 Should it be necessary to cancel the reservation, the Guest must contact Silversea's Reservations Department by telephone as soon as possible and then confirm the cancellation in writing. Cruise and air tickets must be returned to Silversea before a refund can be processed.

 

If your cancellation request is received more than 120 days prior to your scheduled departure date, a full refund of the amount already paid to Silversea will be made.

 

Cancellation requests received within 120 days of the scheduled departure date will be subject to the following charges, regardless of suite resale:

 

120 – 91 days prior to your initial sailing date: 15% of the total cruise fare per guest;

90 – 46 days prior to your initial sailing date: 50% of the total cruise fare per guest;

45 – 31 days prior to your initial sailing date: 75% of the total cruise fare per guest;

30 – 0 days prior to your initial sailing date: 100% of the total cruise fare per guest;

 

Silversea's cancellation penalties are strictly enforced.

 

No refund or adjustment will be made in the event of interruption or cancellation of the cruise holiday after the commencement of same. Guests changing or cancelling

 

5.2 Silver Shore Simply and Grande Hotel Programmes within 90 days of departure will be charged according to the following scale:

90 – 60 days prior to sailing: £70 per person

60 – 0 days prior to sailing: 100% of the fare paid per person

 

5.3 Silver Shore Land Adventures changed or cancelled 90 days or less prior to departure will be charged 100% of the fare paid per person.

 

5.4 Silversea Air Programme

 

Deviation Charges and Administrative Fees Guests wishing to make a change to their confirmed air schedule at any time prior to departure will incur such fees and charges as the airline supplier may impose (the "Deviation Charges") as well as a £50 per person non-refundable administrative fee for each confirmed deviation.

 

Cancellation Fees

 

Guests wishing to cancel their confirmed air schedule may incur cancellation charges in addition to any Deviation Charges and administrative fee incurred as a result of any earlier request to make a change to a confirmed air schedule. Where cancellation occurs from 90-0 days prior to the initial sailing date the cancellation charge will include up to 100% of the cost of the air fare included in the Holiday price and any charges or fees imposed by the airline supplier, together with in every case a £50 per person administrative fee and any applicable cruise cancellation charge as set out above.

 

Ushuaia Charters may only be cancelled upon complete cancellation of Prince Albert II cruise reservations and are 100% non-refundable 60-0 days prior to the initial sailing date.

 

6. Alteration by Silversea

 

6.1 Arrangements for the Holiday are planned many months in advance and very occasionally alterations may become necessary.

 

6.2 Alterations before departure - Where it is necessary to alter significantly an essential part of the Holiday before departure Silversea will notify the Guest or his Travel Agent (where applicable) as quickly as possible. The Guest may: a) accept the change and its impact (if any) on the price, or

b) book another Holiday with Silversea from its current brochure, subject to availability and payment or refund in respect of difference in fare, or

c) cancel and receive a full refund of the price.

 

The Guest must inform Silversea in writing of such a choice within 7 days of notification.

 

6.3 Alteration after departure – Where after departure a significant proportion of the Holiday is not provided or Silversea becomes aware that it will be unable to provide a significant proportion of the Holiday, then Silversea will, at no extra cost to the Guest, either a) make suitable alternative arrangements for the continuation of the Holiday, or b) provide the Guest with transport to the scheduled destination.

 

Where appropriate in either case Silversea shall pay compensation to the Guest of an amount relating to the fare, pro-rata, for the part of the Holiday lost and not made up for by alternative arrangements except that no compensation shall be payable where the alteration is caused by unusual and unforeseeable circumstances.

 

6.4 During the Holiday Silversea cannot guarantee to call at every scheduled port or to maintain every aspect of the itinerary and reserves to itself and to the Master the absolute right to deviate or omit any port or change any times of the itinerary, to transfer the Guest and their luggage to any other vessel or means of transportation, to assist other vessels, or otherwise manage the vessel, without any compensation being payable to the Guest provided such action is reasonable or is undertaken in the interests of safety, or comfort of Guests. Any such deviation, omission or change shall not represent a significant alteration to the Holiday.

 

6.5 Silversea is entitled to provide the Guest with an alternative suite on board the cruise ship of the same or a higher grade than that originally booked.

 

7. Cancellation by Silversea

 

7.1 Silversea may cancel the Holiday prior to departure as a result of unforeseeable, unavoidable or unusual circumstances beyond the control of Silversea whereupon the Guest shall be entitled: a) to book another Holiday with Silversea from its current brochure subject to availability and payment or refund in respect of difference in fare, or b) to receive a full refund of the fare paid.

 

The Guest must inform Silversea in writing of such a choice within 7 days of notification failing which the Guest will be deemed to opt for Option (7.1b).

 

7.2 If Silversea cancels your holiday and compensation is due to you as the result of the cancellation Silversea will pay the Guest no more than the compensation payments set out in the table below regardless of suite or suite resale: more than 61 days prior to your initial sailing: nil

60 – 31 days prior to your sailing date: £50.00

30 – 15 days prior to your sailing date: £150.00

14 – 0 days to prior to your sailing date: £250.00

 

If Silversea cancels your holiday as a result of any of the circumstances stated in 7.1 above, it regrets that it is not able to pay you any compensation or meet any costs you incur as a result.

 

8. Price

 

8.1 Silversea will not increase the price of the Holiday following reservation and receipt of a deposit pursuant to paragraph 2.2. above unless an increase in the price of the Holiday of more than 2% results from an increase in transportation costs outside the control of Silversea, including the cost of fuel, or an increase in dues, taxes or fees chargeable for services such as landing taxes, or embarkation or disembarkation fees at ports and airports, or exchange rates. Where an increase in price is made the Guest or his travel agent (where applicable) will be informed in writing and the increase must be paid to Silversea within 14 days. A significant decrease in such costs may be passed on to the Guest at the discretion of Silversea. In any event no increase will be made within 30 days of the scheduled date of departure. If an increase exceeds 10% of the price, the Guest may cancel the Holiday without penalty and will receive a full refund of any amount paid to Silversea within 7 days of notification to Silversea in writing of their decision. In the absence of such notification to Silversea in writing the Guest will be deemed to accept the increase in the price.

 

8.2 Where air travel, air travel upgrades, hotel bookings, or land programmes are included in the Holiday reservation at a specially negotiated price, if the Holiday is subsequently cancelled, no use of or refund in respect of the air travel or hotel reservation can be made. If the cancellation is by the Guest, any penalty or other payment or expense charged to Silversea in connection with the flight, accommodation or land programme originally booked must be reimbursed by the Guest to Silversea in addition to the charges payable in accordance with paragraph 5 (Cancellation by the Guest) above.

 

9. Rules and Regulations

 

9.1 The Guest shall comply with and abide by all rules and regulations of Silversea and any agent, subcontractor or other supplier of services in connection with the Holiday, as well as all orders and directions of the Master of the ship and his officers and crew. The master, officers and crew of the ship have the right to use all reasonable means to enforce such rules, regulations, orders and directions. If it appears to the master, officers or crew at any time during the cruise, or to the crew of an aircraft during flight, that a Guest is or is becoming for any reason unfit to travel or likely to endanger the health, safety or comfort of himself or anyone on board then the Master or his duly authorised representative may refuse to embark or decide to disembark the Guest at any port or place, transfer the Guest from one suite to another, or otherwise deal with the Guest in any way that they consider to be necessary. In such circumstances the Guest shall not be entitled to any refund or compensation and shall be liable to pay any fines, losses or compensation due to any party.

 

10. Documents

 

10.1 The Guest must possess a full passport valid for 6 months beyond the return date of the Holiday. British passport holders are covered by a group visa for most destinations visited on board the ship. Visas for shore excursions are sometimes required for certain countries. Silversea will notify the Guest of these requirements and it is the Guest's responsibility to obtain and pay the cost of the visa. Holders of non-British passports are advised to check visa requirements.

 

10.2 The Guest is solely responsible for arranging vaccinations or medication which may be recommended for countries to be visited on the Holiday. Silversea may at certain times deem it appropriate to require the Guest to have specific vaccinations. On those occasions the Guest will be advised as soon as possible.

 

11. Health/Disability Requirements

 

11.1 The Guest must report to Silversea in writing, at the time the reservation is made or, if the condition arises subsequent to the reservation, immediately, any of the following medical or health conditions:

a) Any physical or mental condition that may require special care, medical treatment or assistance;

b) Any physical or mental condition which may render the Guest unfit for travel by air or by sea;

c) Any condition which may constitute a risk or danger to the health, safety or comfort of the Guest or to anyone else on board the ship; or

d) Any physical or mental condition requiring oxygen for medical reasons.

 

11.2 If the Guest becomes aware of a change in condition following commencement of the holiday, notice shall be given in writing to the ship's doctor.

 

11.3 A Guest with any of the physical or mental conditions listed in a to d above must be accompanied by an able-bodied adult who will be able to assist them at all times during the cruise, aircraft flights, transfers and in the event of an emergency. A Guest requiring a wheelchair must provide their own collapsible wheelchair. Some ports are anchorage ports and physical conditions may preclude a Guest using a wheelchair from going ashore. Notwithstanding, Silversea reserves the right to refuse to accept a booking from or to refuse passage to anyone who, in the opinion of Silversea, is in such physical or mental condition as to be unfit to travel or likely to endanger the health, safety or comfort of anyone on board or who may require care beyond that which Silversea can reasonably provide.

 

11.4 The medical services and medication on board the vessel are extremely limited and all Guests are required to bring an adequate supply of any specific medication needed. Guests will be charged for use of the medical facilities. Silversea therefore recommend that Guests have full travel insurance to cover any medical costs incurred on board. Silversea shall have no liability whatsoever for any treatment, diagnosis, advice, examination or other services provided by any doctor, nurse or other provider of medical services whether on board the ship or at any port of call.

 

12. Liability

 

12.1 Silversea accepts responsibility for death, injury or illness caused by the negligent acts and/or omissions of it and/or anyone who supplies services which form part of the Holiday. Silversea limits its liability, where applicable, by the Conventions referred to in 12.4 to 12.8 inclusive. In any event, Silversea is not responsible for any improper or non-performance which is:

a) wholly attributable to the fault of the Guest;

b) the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Holiday Contract;

c) unusual or unforeseeable circumstances beyond the control of Silversea and/or anyone who supplies services which form part of the Holiday the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of force majeure; or

d) an event which Silversea and/or anyone who supplies services which form part of the Holiday could not, even with all due care, have foreseen or forestalled.

 

12.2 For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to in 12.4 to 12.8 below, Silversea's liability for improper performance of the Holiday Contract shall be limited to a maximum of twice the price which the Guest affected paid for the Holiday (not including premiums and amendment charges).

 

12.3 All carriage (by land, air and sea) is subject to the terms and conditions of the actual carrier. These may limit or exclude liability. They are expressly incorporated into the Holiday Contract and they also form the terms and conditions of separate contracts between the Guest and the particular carrier as contained in that carrier's ticket which is provided to the Guest before the scheduled departure date. Copies of these terms and conditions are available on request from Silversea.

 

12.4 Carriage of passengers and their luggage by air is governed by various International Conventions ("the International Air Conventions"), including the Warsaw Convention 1929 (as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) or the Montreal Convention 1999. Flights between the UK and any member state of the European Union are currently governed by EC Regulation 889/2002 which gives legal effect to the Montreal Convention 1999. To the extent that Silversea may be liable as a non-performing air carrier to Guests in respect of carriage by air, the terms of the International Air Conventions (including any subsequent amendments and any new convention which may be applicable to the Holiday Contract) are expressly incorporated into these Terms and Conditions. The International Air Conventions may permit the carrier to limit its liability for death and personal injury, loss of and damage to luggage and delay. Insofar as Silversea may have any liability to the Guest in respect of carriage by air, it shall be determined accordingly. Copies of these Conventions are available from Silversea on request.

 

12.5 Carriage of passengers and their luggage by sea is governed by the Athens Convention 1974 ("the Athens Convention") as subsequently amended or modified. The Athens Convention is expressly incorporated into these Terms and Conditions and any liability of Silversea for death or personal injury or for loss of or damage to luggage shall be determined accordingly. In most cases, the Athens Convention limits the carrier's liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the Guest unless written notice is given to Silversea as carrier: a) in the case of apparent damage, before or at the time of disembarkation or redelivery; or b) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.

 

Any damages payable by Silversea up to the Athens Convention limits shall be reduced in proportion to any contributory negligence of the Guest and by the maximum deductible specified in Article 8(4) of the Athens Convention. A copy of the Athens Convention is available from Silversea on request.

 

12.6 Insofar as Silversea may be liable to a Guest in respect of claims arising out of carriage by air or carriage by sea, Silversea shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual air carrier (including his own terms and conditions of carriage) and under the Athens Convention, and nothing in these Terms and Conditions shall be deemed a surrender thereof. To the extent that any provision in these Terms and Conditions is made null and void by the Warsaw Convention, the Montreal Convention or the Athens Convention or any legislation compulsorily applicable, or is otherwise unenforceable, it shall be void to that extent but no further.

 

12.7 Insofar as the Holiday may be performed by a vessel not owned by Silversea, it is agreed that Silversea shall at all times nevertheless be deemed a shipowner for the purposes of the Convention on Limitation of Liability for Maritime Claims 1976, whether as amended by the Protocol of 1996 or otherwise and as in force in any relevant jurisdiction from time to time, and so entitled to limit liability.

 

12.8 Except for claims arising out of carriage by air (as provided by 12.4), any liability in respect of death and personal injury and loss of or damage to luggage which Silversea may incur to the Guest, whether under the Holiday Contract in accordance with these Terms and Conditions or otherwise, shall always be subject to the limits of liability contained in the Athens Convention.

 

12.9 Notwithstanding anything to the contrary elsewhere in these terms and conditions, Silversea shall not in any circumstances be liable for any loss or anticipated loss of profits, loss of revenue, loss of contract or other opportunity, nor for any other consequential or indirect loss or damage of a similar nature.

 

13. Data Protection

 

Silversea requires personal information about each Guest in order to process the Guest's booking effectively. That information will include, inter alia, the name, address, gender, nationality and dietary requirements of the Guest and may disclose their religious beliefs and any health or medical issues, disability or other special needs. Silversea may pass this information on to other relevant entities such as travel agents, hotels, airlines or other transport providers, security and/or credit verification companies, credit and debit card companies or any governmental or public authorities, either as required by law or regulation or, if required by such other bodies. Silversea will also circulate a passenger list to all Guests during every voyage, which will include the names and nationality of each Guest.

 

The Guest consents to such transfers of information, including to states which may not have such robust data protection as the UK, unless the Guest objects in writing to Silversea no later than 21 days prior to the scheduled departure date.

 

14. Complaints and Claims

 

14.1 Please immediately raise any Holiday problem with Silversea and confirm it in writing at the earliest possible opportunity. If any problem arises during the Holiday which might give rise to a claim it must be notified immediately to the ship or hotel management or airline staff and written notice must be given to Silversea as soon as possible and in any event within 30 days of return from the Holiday or knowledge of the facts giving rise to the claim, failing which no claim may be made.

 

14.2 In any event, unless a longer period is provided for by force of law, proceedings in respect of any claim must be brought within 2 years of the end of the Holiday, failing which neither Silversea nor any other party involved in the supply of services in connection with the Holiday Contract shall be under any liability to the Guest.

 

14.3 Silversea is a member of the Passenger Shipping Association ('PSA'). Some limited disputes may, subject to agreement between the Guest and Silversea, be referred to arbitration or conciliation under a scheme arranged by the PSA. The scheme does not apply to claims arising out of injury or illness, and an application for arbitration should normally be made within 9 months of the end of the Holiday.

 

14.4 Any claim or dispute which cannot be resolved otherwise shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.

 

14.5 The address for service of proceedings on Silversea is:

 

Silversea Cruises (UK) Limited,

77/79 Great Eastern Street,

London,

EC2A 3HU.