TERMS & CONDITIONS
BOOKING TERMS & CONDITIONS
These are the Terms and Conditions, which apply to your cruise or tour. Please read them carefully as you will be bound by them.
All cruises and tour featured in the brochure and/or in the Official Website are offered for sale by BS Marine Services hereinafter referred as the “Company”.
In the Conditions (as defined below) the following expressions shall have the meanings defined hereunder:
- “Booking” means the steps taken by the passenger to enter into a Contract with the Company.
- “Booking Terms & Conditions” means the terms and conditions and the information contained in the relevant Company brochure, the Official Website and/or other information which will form the express terms of your contract with the Company.
- “Carrier” means the entity who has undertaken the obligation to carry or performs the carriage of the Passenger from one place to the other as indicated in the cruise ticket or other ticket issued for the transport by road and is thereby indicated on such documents as “carrier”. The carrier includes the owner and/or the charterer and/or operator and/or their servants and/or agents of any transport provider.
- “Company” means BS Marine Services whose registered address is [ADDRESS HERE], which organizes Cruises, Tours and/or packages and sells or offers them for sale, whether directly or through a Sales Agent.
- “Conditions of Carriage” means the terms and conditions under which the Carrier provides transport either by road or sea.
- “Contract” means the contract concluded between the Company and the Passenger relating to the relevant Cruise, Tour or Package which is evidenced by the issue of the confirmation invoice sent by the Company or its Sales Agent to the passenger.
- “Cruise or Tour” means the cruise or tour as described in the relevant Company brochure, the Official Website or other documentation produced for or on behalf of the Company.
- “Disabled Person” or ‘Person with Reduced Mobility’; means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all passengers.
“Force Majeure” means any unforeseeable and unpredictable event out of the Company’s control including Acts of God (such as flood, earthquake, storm or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, riots, civil disturbances, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service and/or any unforeseen technical problems with transport including changes due to rescheduling or cancellation or alteration of flights, closed or congested airports or ports. - “Official Website” means the set of related web pages, documents and hypertext links served from the web domain [URL HERE].
“Package” means the cruise, tour and or any pre-cruise and/or post-cruise arrangement for accommodation and any service included and described on Official Website or Brochure.
- “Passenger” means each and every person named either on the Booking confirmation or on the invoice or on a ticket issued by the Company.
- “Sales Agent” means the person who sells or offers for sale the Cruise, Tour or Package put together by the Company, or on behalf of the Company.
- “Shore Excursion” means any excursion, trip or activity ashore that is not included as part of the price of the Cruise and is offered for sale by the Company onboard its vessels.
BOOKING PROCEDURE AND DEPOSIT
- In order to proceed with a Booking, the Passenger must contact the Company or the Company’s authorized agent or representative.
- By Booking for a Cruise, Tour or Package, the person making the booking confirms, agrees and accepts that all persons named in the Booking request and on the invoice have agreed to be bound by the Booking Conditions and that he/she has authority to accept these Booking Conditions on behalf of all the persons named on the Booking request and invoice.
- At the time of booking a non-refundable deposit of 300€ per person for a cruise at the time of booking.
- A Booking will be completed and the Contract will be effective only when the Company accepts the booking by sending a confirmation invoice to the Passenger or to the Passenger’s Sales Agent.
CONTRACT
Every Cruise, Tour or Package is subject to availability at the time of Booking. No Contract shall be made until the deposit or the full amount (according to the present Booking Terms & Conditions) is paid and the confirmation invoice provided to the Passenger.
Full payment is required no later than 60 days prior to departure.
If the Booking application is made within 60 days prior to departure, then full payment must be sent at the time of Booking.
If any Passenger fails to pay the balance 60 days prior to departure, the Company has the right to cancel the Booking without notice and charge cancellation fees in accordance with Cancellation Policy, whether the Cruise, Tour or Package is resold or not.
PRICES AND PRICE GUARANTEE
No change to the Contract price will be made once full payment has been received by the Company.
If the increase occurs, the Passenger will be entitled to cancel the Contract with a full refund of the Contract price.
To exercise the right to cancel the Passenger must notify the company in writing within 7 days of receiving the price increase notification.
CABIN NUMBERS AND OTHER PREFERENCES
Specific cabin numbers, decks, dining arrangements or bed types can be requested at the time of booking. However, these arrangements cannot always be guaranteed. When a complimentary upgrade is offered, our guests will benefit from the higher category cabin, and continue to receive the experience benefits booked (precise or on-board).
INSURANCE
The Company recommends that every Passenger should have an adequate insurance policy which covers them sufficiently for Cruise, Tour or Package cancellation, medical assistance and expenses, loss and/or damage of the luggage, from the time the Contract has been confirmed as Booked to the end of the Cruise, Tour or Package
PASSPORTS AND VISAS
All passengers must have all the required documentation with them during travel.
FITNESS TO TRAVEL
The safety of all Passengers is of paramount importance to the Company, hence all Passengers warrant that they are fit to travel by sea and that their conduct or condition will not impair the safety or convenience of the vessel and the other passengers, and that they can be carried safely in accordance with applicable safety requirements established by EU or Croatian law.
The Company has the right to require the Passenger to produce medical certificates supporting the fitness to travel.
Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must submit a doctor’s certificate prior to booking.
If it appears to the Carrier that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to render the Carrier liable for maintenance, support or repatriation, then the Carrier shall have the right to refuse to embark the Passenger at any port or disembark the Passenger at any port or transfer the Passenger to another berth or cabin.
Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor the Carrier has any liability to the Passenger.
PREGNANCY
Pregnant women are requested to seek medical advice before traveling; at any stage of their pregnancy, they must obtain a medical certificate from a doctor confirming their fitness to travel on board the vessel taking into account the specific itinerary.
The Company and/or the Carrier does not have onboard any of the cruise vessels adequate medical facilities for childbirth or any medical assistance except First Aid.
The Company expressly reserves the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy and shall have no liability in respect of such refusal.
DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY
The Company’s priority is always the comfort and safety of its Passengers and in order to achieve this the Passenger is asked at the time of booking to provide as much detail as possible of the matters given below so that the Company can consider its obligation to carry the Passenger in a safe or operationally feasible manner, taking into account any issues relating to the design of the passenger ship or port infrastructure and equipment including port terminals which may make it impossible to carry out the embarkation, disembarkation or carriage of the Passenger which may have an impact on the Passengers safety and comfort.
The Passenger is asked to provide full details at the time of booking if the Passenger is unwell, infirm, Disabled or has Reduced Mobility. The Passenger is asked to provide full details at the time of booking having in mind:
- There is no special Disabled cabin
- Passenger with a wheelchair cannot embark
- If the Passenger needs to bring any medical equipment on board we need to know and reconfirm.
- To bring a recognized assistance dog on board the vessel is not allowed.
Where the Company considers strictly necessary for the safety and comfort of the Passenger and in order for the Passenger to fully enjoy the cruise or tour, it may require a Disabled Person or Persons with Reduced Mobility to be accompanied by another person who is capable of providing the assistance required by the Disabled Person or Person with Reduced Mobility. This requirement will be based entirely on the Company assessing the need of the Passenger on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary.
If the Passenger has any particular conditions, Disability or Reduced Mobility which require personal care or supervision then such personal care or supervision must be organized by the Passenger and at the Passenger’s expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.
If after carefully assessing the Passenger’s specific needs and requirements, the Company concludes that the Passenger cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a booking or embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety. If any deposit is made, it will be refunded.
The Company reserves the right to refuse to carry any Passenger who has failed to adequately notify the Company of any Disabilities or needs for assistance in order for the Company to make an informed assessment that the Passenger can be carried in a safe or operationally feasible manner on the grounds of safety. If the Passenger does not agree with a decision of the Company under clauses specified in these Terms and Conditions then the Passenger must provide a complaint in writing with all supporting evidence to the Company and the matter will be considered by a Senior Manager.
The Company reserves the right to refuse to carry any Passenger who in the opinion of the Company and/or the Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the Cruise or Tour on the grounds of safety.
For the safety and comfort of the Passenger, if the Passenger becomes aware between the date of booking the Package and the date of commencement of the Package that he/she will require special care or assistance as detailed above the Passenger is asked to inform the Company immediately so that the Company can make an informed assessment whether or not the Passenger can be carried in a safe or operationally feasible manner.
Any Passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must submit a doctor’s certificate prior to booking.
Where a Passenger is assessed as unfit to travel and refused embarkation then neither the Company nor the Carrier has any liability to the Passenger.
MEDICAL ASSISTANCE
Passengers are strongly recommended to have comprehensive travel health insurance covering medical treatment and repatriation costs and expenses.
The Passenger hereby acknowledges and accepts at the time of Booking that there is no Doctor and the medical center on the vessel. Neither the Company nor the Carrier shall be liable to the Passenger as a result of any inability to treat any medical condition as a result.
The Passenger acknowledges that it is the Passenger’s obligation and responsibility to seek medical assistance if necessary during the cruise or tour.
In the event of illness or accident, Passengers may have to be landed ashore by the Company or/and the Carrier for medical treatment. Neither the Carrier nor the Company make any representation or accept any responsibility regarding the quality of the available medical facilities or treatments at any port of call or at the place at which the Passenger is landed. Medical facilities and standards vary from port to port. Neither the Company nor the Carrier makes any representations or warranties in relation to the standard of medical treatment ashore.
The Doctor’s professional opinion as to the fitness of the Passenger to board the vessel or to continue the cruise is final and binding on the Passenger.
INFANTS
It is recommended that medical advice is sought before booking for children up to 12 months of age. For the avoidance of doubt, the provisions and the requirement of fitness to travel are applicable to all passengers including infants.
Please note that our vessels are not suitable for strollers.
MEDICAL EQUIPMENT
It is important that Passengers contact the manufacturer or supplier to ensure that any medical equipment they are intending to bring on board is safe to use. It is the responsibility of the Passengers to arrange delivery to the docks prior to departure of all medical equipment and to notify the Company prior to booking if they need to have medical equipment on board so that the Company can ensure that the medical equipment can be carried safely.
It is the Passengers responsibility to ensure that all medical equipment is in good working order and for arranging enough equipment and supplies to last the entire voyage. The ship does not carry any replacement and access to shore side care and equipment may be difficult and expensive. Passengers must be able to operate all equipment.
If there are any particular medical conditions that require supervision then such supervision must be organized by the Passenger and at the Passenger’s expense. The vessel does not provide one-to-one or other care for physical or psychiatric or other conditions. The vessels do not offer respite services.
BOOKING CHANGES REQUESTED BY THE PASSENGER
The Passenger is entitled to request changes to his booking. Fees might be applicable.
CANCELLATION POLICY
Cancellation of a booking must be requested in writing (registered letter, email or fax) to the Company or via the Passenger’s Sales Agent.
Cancellation fee is applicable:
- 35% of the total cruise or tour rate (or deposit if the amount is higher) 35 – 22 days prior to the cruise or tour
- 50% of the total cruise or tour rate 21 – 15 days prior to the cruise or tour
- 100% of the total cruise or tour rate 14 – 0 days prior to the cruise or tour
CANCELLATION BY THE COMPANY
The Company reserves the right to cancel any Cruise or Tour at any time by giving written notice to the Passenger.
If the cancellation is by virtue of any unusual or unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided by the Company even though it has exercised all due care, the Company will offer the Passenger travel credit to the amount of their original payment, which can be used to book any of our cruises or tours in the same or following calendar year as the original booking. If the new cruise that you book is a lower category ship than your original cruise, we will refund you the difference (as long as you have already paid in full). If the new cruise that you book is on a higher category ship, you will need to pay us the difference. If we cannot provide you with the same category ship as your original booking we will upgrade you at our cost.
If the cancellation is due to reasons other than those indicated above, the Company will offer the Passenger the same choices as detailed above.
The Passenger’s decision must be notified to the Company in writing or via their travel agent within 7 days of the notice of cancellation. Company policies may change in case of Force Majeure events.
THE COMPANY’S LIABILITY
The Company accepts responsibility for death, injury or illness caused by the negligent acts and or omissions of it and anyone who supplies services, which form part of the Cruise, Tour or Package. The Company limits its liability, where applicable, by the conventions mentioned in ‘Booking Changes Requested By The Passenger’. The liability of the Company toward the Passenger is governed also by the International Conventions mentioned hereunder which provide limitations of liability of the Carrier. The Company is not responsible for any improper or non-performance which is:
a) Wholly attributable to the fault of the Passenger;
b) The unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service to be provided under the Contract;
c) An unusual or unforeseeable circumstance beyond the control of the Company and/or anyone who supplies services which form part of the Package 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 in which the Company and/or anyone who supplies services which form part of the Cruise or Tour could not even with all due care have foreseen or forestalled.
For claims not involving personal injury, death or illness or which are not subject to the conventions referred to in ‘Booking Changes Requested by the Passenger’ inclusive, the Company’s liability for improper performance of the Contract shall be limited to a maximum of twice the price which the affected Passenger paid for the Cruise or Tour (not including premiums and amendment charges).
All carriage (by land, air, and sea) is subject to the Conditions of Carriage of the actual Carrier. These may limit or exclude liability. They are expressly incorporated into the Contract and are deemed to be expressly accepted by the Passenger at the time of booking. Copies of these terms and conditions are available on request from the Company.
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. To the extent that the Company may be liable as a non-performing air carrier to Passengers 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 a Contract for a Cruise or Tour between the Company and a Passenger) are expressly incorporated into these Conditions. The International Air Conventions fix limitations of liability of the Carrier for death and personal injury, loss of and damage to luggage and delay. Any liability of the Company toward the Passenger arising from a carriage by air is subject to the limitation of liability provided by said Conventions. Copies of these conventions are available upon request.
Carriage of Passengers and their luggage by sea shall be governed by EU Regulation 392/2009 (hereinafter the PLR) and where applicable the Athens Convention 1974 and where applicable after 23 April 2014 the Athens Protocol 2002 (hereinafter jointly referred as “the Athens Convention”) The PLR and where applicable the Athens Convention are expressly incorporated into these Conditions and any liability of the Company and/or the Carrier for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be solely determined in accordance with the PLR and where applicable the Athens Convention. The PLR and where applicable the Athens Convention limit the Carrier’s liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It is assumed that luggage has been delivered undamaged to the Passenger unless the latter gives written notice to the Company or Carrier in the following terms:
a) In case of apparent damage, before or at the time of disembarkation or redelivery; or
b) In 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 the Company up to the PLR and where applicable the Athens Convention limits shall be reduced in proportion to any contributory negligence by the.
The Company’s liability will not at any time exceed that of any Carrier under its Conditions of Carriage and/or applicable or incorporated conventions.
ITINERARY / RIGHT TO CHANGE
The Company has the right to replace the vessel and operate the same or similar itinerary as long as the vessel and itinerary offers similar standards that was initially booked by the guest. The Company reserves the right at its sole discretion and/or that of the Master of any vessel (which will not be exercised unreasonably) to decide whether to deviate from the advertised or ordinary itinerary, to delay or anticipate any sailing, to omit or change scheduled ports of call, to arrange for substantially equivalent carriage by another vessel, to tow or be towed or assist other vessels or to perform any similar act which, in its and/or Master’s sole discretion will deem advisable or necessary for the safety, of the Passenger, of the vessel and crew. In such circumstances, the Company will be under no liability or obligation to the Passenger.
PASSENGER’S RESPONSIBILITY
The Passenger has a duty to follow the instructions and orders of the Master and Officers while on-board. The Passenger hereby accepts and agrees that the Master and Officers are entitled and have authority to inspect any person on board, any cabin, baggage and belonging for safety, security or other lawful reasons.
The Passenger hereby expressly agrees to allow any such search.
Passengers must have received all necessary medical inoculations prior to the cruise or tour and have in their possession all tickets, valid passports, visas, medical cards and any other documents necessary for the scheduled ports of call and disembarkation.
Each Passenger warrants that he/she is physically and mentally fit to undertake the Cruise or Tour.
The Company and/or the Master have the right of refusing the boarding or order the disembarkation of any Passenger should they deem it necessary, for the safety, security, of the Passenger, of the other Passengers or of the ship or should the Passenger’s conduct which, in the reasonable opinion of the Master, is likely to endanger or impair the comfort and enjoyment of other passengers on-board.
No Passenger shall bring any animals whatsoever, except for recognized service dogs, subject to the information detailed in ‘Persons with Disabilities and Reduced Mobility’.
The Company will be under no liability whatsoever to any Passenger in respect of any breach or non-observance by any Passenger of the provisions of this clause and any Passenger shall indemnify the Company against any loss or damage occasioned to the Company or any of its suppliers by such breach or non-observance.
Passenger’s behavior must not affect and reduce the safety, peace, and enjoyment of the cruise by other Passengers.
It is strictly forbidden for passengers to carry firearms, ammunition, explosives or flammable, toxic or dangerous substances, goods or articles on-board any Vessels which could be dangerous for the safety of Passengers and the Vessels.
Passengers shall be liable for any damage suffered by the Company and/or the Carrier and/or any Supplier of any service that forms part of the Package as a result of the Passenger’s failure to comply with his contractual obligations. In particular, the Passenger shall be liable for all damages caused to the vessel or its furnishings and equipment, for injury or loss to other Passengers and third parties, and also for all penalties, fines, and expenses attributable by the Passenger that the Company, Carrier or Supplier may be liable to pay.
SMOKING POLICY
BS Marine Services respects the needs and desires of all Guests, and we have considered carefully the subject of those who smoke and those who do not. In compliance with global standards, smoking is freely permitted in the dedicated area only.
Smoking in the cabins and outside area is prohibited.
Throwing cigarette butts over the side of the ship is prohibited.
LIABILITY OF EMPLOYEES, SERVANTS, AND SUBCONTRACTORS
It is hereby expressly agreed that no servant or agent of the Company and/or the Carrier, including the Master and crew of the cruise vessel concerned including independent subcontractors and their employees as well as the underwriters of these parties, shall in any circumstance whatsoever be under any liability whatsoever beyond these Booking Conditions and these parties may invoke these General Booking Conditions and the Conditions of Carriage to the same extent as the Company and/or the Carrier.
Shore Excursions are operated by independent contractors even if sold by Sales Agents or onboard the cruise ship. BS Marine Services shall not be responsible in any way for the services provided by such independent contractors. The Company will exercise reasonable skill and care in the selection of a reputable Shore Excursion provider. In assessing performance and/or liability of Shore Excursion providers, local laws and regulations will apply.
COMPLAINTS AND CONSUMER PROTECTION
We always do our best to ensure that your vacation runs to schedule and without a hitch but if you do have a problem during your vacation, please contact the relevant supplier immediately about your issue and they will resolve it as soon as they can.
Any complaints regarding service on board have to be given directly to the ship on the spot and through the official BS Marine Services representative on board.
Complaints have to be certified by the ship, written in ship’s complaints book and sent to us within 15 days from the customer’s departure info@bsmarineservices.com
On the contrary, such complaints will not be taken into consideration.
For booked accommodation and land tours, any complaints regarding service have to be given directly to the hotel on the spot, and through the official representative of BS Marine Services. Complaints have to be certified by the hotel/accommodation, written in the complaints book and sent to BS Marine Services within 15 days from the customer’s departure. On the contrary, such complaints will not be taken into consideration. They will be treated according to Croatian law.
LAW AND JURISDICTION
These Terms and Conditions are subject to Croatian Law and the exclusive jurisdiction of the Courts. Any action, suit or proceedings against the company and/or its employees shall unless the Company expressly agrees otherwise in writing be brought in the Croatian Courts and shall be subject to Croatian law.