Professional Documents
Culture Documents
The liability (if any) of the Carrier for death and/or personal injury to passengers
and/or the loss of or damage to luggage during the Passage shall be determined
in accordance with the Terms and Provisions of the International Convention
relating to the Carriage of Passengers and their Luggage by Sea adopted at
Athens on the 13 day of December 1974 and Amended on the 19 December 1976
(hereinafter called the Athens Convention)
The provisions of the Athens Convention are hereby expressly incorporated into
the Terms and Conditions of Carriage.
Limits of Liability
The Carrier’s liability in relation to death and/or personal injury is limited and shall
in no circumstances whatsoever exceed the limits of liability as set out under the
Athens Convention which are currently 46,666 SDRs.
In respect of valuables deposited with the Carrier, the Carrier’s liability will not
under any circumstances exceed 1,200 SDRs.
Deductibles
The Passenger hereby expressly agrees that any damages payable by the Carrier
shall be reduced by the deductibles set out in Article 8, paragraph 4 of the Athens
Convention.
Fault/Neglect
The Carrier will only be liable in relation to death or personal injury and/or loss or
damage to luggage in the event that the Carrier and/or its servants or agents are
guilty of “fault or neglect” as required by Article 3 of the Convention.
The limits of liability under the terms of the Convention shall be applicable to the
Carriers, servants and/or agents in accordance with Article 11 of the Convention.
Contributory Negligence
Any responsibility of the Carrier hereunder is limited to the period(s) while the
Passenger and/or his or her Luggage are on board the Vessel and/or any tenders
and/or property owned or then being operated by the Carrier and all the
conditions and regulations hereof shall be and remain in full force and effect
during all periods when the Carrier is under any responsibility to the Passenger for
any reason whatsoever.
Time Limits
The time in which a claim may be brought under the Convention is limited to a
period of 2 years from the date of disembarkation and as set out in Article 16 of
the Athens Convention.
Reporting of Accidents
The Carrier shall be under no liability whatsoever in respect of any claim arising
from an accident, which was not reported by the Passenger to the Master while on
board the Vessel.
Pregnancy
We recommend that women who are less than 12 weeks pregnant should seek
medical advice prior to travel. Women who are more than 28 weeks
pregnant are required to produce a medical certificate of fitness to travel.
The Carrier reserves the right to request a medical certificate at any stage
of pregnancy and to refuse passage if the Carrier and/or the Master are not
satisfied that the passenger will be safe during the passage.
Failure to inform the Carrier and the Vessel’s doctor will release the Carrier from
any liability to the pregnant Passenger.
Pregnant passengers are referred to the section herein headed “Medical
Treatment” for information regarding the medical facilities on board.
The ship’s doctor is not qualified to deliver babies or to offer pre or post natal
treatment and no responsibility is accepted by the Carrier in respect of the
inability to provide such services or equipment .
Fitness to Travel
The Passenger represents and warrants that the passenger is fit to travel and that
the Passenger’s conduct will not impair the safety of the Vessel or inconvenience
the other Passengers.
If it appears to the Carrier and/or the Master of the ship that a passenger is for
any reason whatsoever unfit to travel or likely to endanger his/her health or
safety or endanger the health or safety or impair the comfort of others onboard or
feels likely to be refused permission to land at any port or to render the company
liable for his/her maintenance, support or repatriation, then the Carrier and/or the
Master of the ship shall be entitled at any time to take any of the following
courses as appear appropriate to them namely:
To administer first aid and administer any drug, medicine or other substance or to
admit and/or confine the passenger to a hospital or other similar institution at any
port, provided that the Master considers that any such steps are necessary.
The Vessel has a limited number of cabins equipped for disabled persons. Not all
areas of or equipment on the Vessel are accessible to disabled persons or suitable
for access to disabled persons. The Carrier reserves the right to refuse passage to
anyone who has failed to notify it of such disabilities or who in the Carrier’s and/or
Master’s opinion is unfit for travel or anyone whose condition may constitute a
danger to themselves or others onboard.
Passengers who need assistance and or have special requests or need special
facilities or equipment must notify the Organiser at the time of booking. The
Carrier is not obliged to provide any assistance or meet special requests unless
the Carrier or the Organiser have guaranteed provision of these services to the
passenger in writing.
Those passengers confined to wheelchairs must furnish their own standard size
wheelchairs and must be accompanied by a travelling companion fit and able to
assist them. The ship’s wheelchairs are available for emergency use only.
Any passenger who has any form of mental or physical disability or who is
experiencing any form of mental or physical illness either of which disability or
illness could effect his or her fitness for travel must submit prior to sailing a
doctor’s certificate certifying the passenger’s fitness to travel.
Any Passenger who embarks, or allows any other Passenger for whom he or she is
responsible to embark, when he or she or such other Passenger is suffering from
any sickness, disease, injury or infirmity, bodily or mental, or to his or her
knowledge has been exposed to any infection or contagious disease, or for any
other reason is likely to impair the health, safety or reasonable comfort of other
persons on board, or for any reason is refused permission to land at his or her
port of destination, shall be responsible for any loss or expense incurred by the
Carrier, or the Master, directly or indirectly in consequence of such sickness,
disease, injury, infirmity, exposure or refusal or permission to land, unless, in the
case of sickness, disease, injury, infirmity or exposure, the same has been
declared in writing to the Carrier or the Master, before embarkation and consent
in writing of the Carrier or the Master, to such embarkation has been obtained.
Passengers who by reason of illness or through any other cause require special or
extra accommodation, or special or extra attention, in the course of the voyage
and not originally provided for, will be charged accordingly for the same.
Medical Treatment
The ship’s doctor is not a specialist and the ship’s medical centre is not required
to be and is not equipped to the same standards as a land based hospital. The
Vessel carries medical supplies and equipment in accordance with its flag state
requirements. Neither the Carrier nor the doctor shall be liable to the Passenger
as a result of any inability to treat any medical condition as a result.
Conduct
The Passenger agrees to abide by the Carrier’s company’s rules and regulations
and all orders and directions of the Master and the Vessel’s officers.
The Passenger must report all accidents in which he/she is involved or witnesses
on board the vessel, the gangway and/ or its tenders to the Carrier immediately
and shall complete all necessary documents and provide such statements or
assistance to the Vessel’s officers as may be requested by them and/or any
enforcing authorities and/or government agencies.
The Passenger shall be liable to the company and to the Carrier and shall
reimburse it for all loss, damage or delay sustained by the Carrier because of any
act or omission of the passenger.
The health and safety of the Vessel and all those onboard is of paramount
consideration. Passengers must pay attention to and comply with all regulations
and notices relating to the safety of the Vessel, her crew and Passengers, the
terminal facilities and immigration requirements.
Passengers must at all times conduct themselves in a manner, which respects the
safety and privacy of other persons onboard.
Passengers must comply with any reasonable request made by any member of
staff, the Master or his Officers.
No firearms or other weapons of any nature shall be brought onboard the Vessel.
The Master and/or the Carrier have the right to confiscate, detain or otherwise
deal with such weapons.
It may be necessary for security reasons for servants or agents of the Carrier to
search passengers and/or the baggage and goods travelling with them. The
passenger agrees to allow such search upon being requested by the Master of the
ship or other authorised servants or agents of the Carrier to do so. The passenger
further agrees to the removal, confiscation or destruction of any object, which
may in the opinion of the Carrier impair the safety of the Vessel or cause
inconvenience to the passengers.
All passengers must take care for their safety whilst walking on outside decks.
Passengers and children should not run around the decks or other parts of the
Vessel.
Note: We will make such payments for injury, illness or death on the basis that
you are expected to accept that:
1. You must tell us and the supplier involved about your injury or
illness while you are in the resort (see section 13). You should also
write to our Customer Services at the address given in our
'Important Information' about your claim within three months of
coming home from your holiday to allow us to investigate it
properly and co-operate with us so as to enable us to carry out such
investigation. Please include a letter about your injury or illness
from your doctor if you can.
2. You should transfer to us any rights you have against the supplier
or any other person.
3. You should co-operate fully with us if we or our insurers want to
enforce those rights
4. Any payments we make may be limited in accordance with
international conventions.
We ask you to transfer your rights to us so that we can claim back from suppliers
any payments we make to you, plus any legal or other costs. We will not make a
profit from this. If we get back from the supplier more than we have paid you plus
these costs, we will give the extra money to you.
Personal Injury II
This section covers damages, injury, illness or death which is not connected with
the arrangements made by us. If you or someone on your holiday booking is
injured, falls ill or dies while taking part in an activity which is not part of the
holiday, or you need to incur unpredictable extra expenses for which we are not
liable (see 'Important note - events beyond our control') we will, where
appropriate and subject to our discretion, try to help if we can. For example, we
can help by:
o providing translation services
o communicating with authorities and others in foreign resorts
o recommending foreign lawyers (if necessary)
o explaining the procedures you should follow
o telling you of any time limits
We will help everyone on your holiday booking up to a total cost to us of £5,000
as long as the following conditions are met:
1. You must ask us for help within three months of coming back from
holiday.
2. You must make a claim under your travel insurance policy's legal
expenses or other appropriate section. You must show us proof that
your insurance company has received your claim and, if you get
back the cost of legal or other expenses, you must repay us any
money we have spent in helping you.
Personal Safety
Most resorts are generally safe, but holidaymakers are advised not to walk alone at night in unlit areas
or display jewellery or valuables.
Colder temperatures and high altitude abroad, combined with alcohol and new foods, can cause minor
stomach upsets so bring remedies from home. Taking simple precautions can also help to avoid
problems. Care should be taken when choosing to eat outside of the hotel. Drink bottled water and
avoid ice in drinks and desserts. Ensure that raw fruit and vegetables are thoroughly washed or peeled.
Food should be properly cooked and served piping hot or chilled accordingly. Avoid food and buffets
that have been left for long hours. Your General Practitioner can also provide up-to-date health advice
and we recommend that you consult your doctor well in advance before travelling.
One significant difference in ski resorts is that many hotels are constructed with natural materials,
including timber, often without separate fire escapes. In addition, some accommodation, in particular
smaller hotels, apartments and chalets may not have automated fire detection and alarm systems.
Accommodation, even in European ski resorts, may not incorporate the fire prevention and control
measures recommended by the European Commission. This is a general problem, but at Thomson Ski
& Snowboarding we believe that is right to tell it like it is, so that upon arrival in resort you and your
family can familiarise yourselves with the arrangements in your accommodation in the unlikely event of
an emergency occurring.
Information
At Thomson Ski & Snowboarding, we believe that information contributes to safety and, in addition to
the details on this page, we ask all our customers to read the Essential Information booklet you will
receive with your tickets, the Safety First leaflet you will receive on arrival in resort and the information
displayed on your accommodation Information Board and in your hotel Information book. Customers
flying with Britannia Airways should also look out for our Safety First in-flight video. In terms of customer
care, this is another first for Thomson Ski & Snowboarding.
High Altitude
For customers going to high altitude resorts, it is suggested that, if relevant, you contact your GP as
some customers encounter difficulties due to the high altitude of the resort. Please bear in mind that
when skiing at altitude you should allow time to acclimatise physically, drink plenty of water, reduce
alcohol intake and ensure that appropriate winter clothing is taken. Your doctor and suitable publications
will provide further information in this regard.
Ski Safety
Skiing is classified as a dangerous sport but the risk to yourself and others is easily minimised by
following a few simple guidelines.
Avalanche Danger
In extreme weather conditions any resort may be at risk – so never ignore warnings. Signs and flags
around part or all of a piste indicate that avalanche danger is present but do not rely on these alone.
Local experts are there to help so ask for advice on a daily basis. When necessary resort authorities
may close some or all of the pistes – remember this is done to ensure your safety. Do not attempt to ski
on runs which are closed.
Off-piste
Skiing off-piste or ski touring may carry an element of increased risk. If you are able to ski off-piste or ski
tour you must have appropriate insurance and employ the services of a qualified guide. For more
detailed resort information including recent snow and avalanche records the Consumer Association
Which? Books - The Good Skiing and Snowboarding Guide – is invaluable. Accurate and impartial, it
also lists telephone numbers and websites for the tourist offices/avalanche centres throughout the Alps
and North America. The FIS Ski Code is detailed in the Essential Information Book you will receive with
your tickets and is also available in detail from the Ski Club of Great Britain, The White House, 57-63
Church Road, London SW19 5SB. Telephone 020 8410 2000.
Excursions/Activities
i) Heli-skiing opportunities offered in the brochure, or locally, are arranged with the best local operator.
As with all adventure sports, you partake at your own risk and you will be required to sign a disclaimer
prior to the activity. Please also note that if, due to adverse weather conditions, or other circumstances
beyond our control, the heli-ski package is unavailable during your stay, our liability is limited to a full
refund of the price paid.
ii) Any other excursions or hazardous activity in which you partake locally, such as tobogganing,
paragliding, inner-tubing or snow-mobiling etc., are at your own risk and liability and may not be covered
under the terms of your holiday insurance. Please check the details of your individual policy before
participation.
Special Needs
We are happy to advise and assist elderly, special needs or disabled customers to choose a suitable
holiday. However, some of the accommodation and resorts featured in this brochure may lack even the
simplest facilities such as ramps for wheelchairs, lifts etc. It is therefore important that you advise us of
your specific requirements before confirming your booking so that we can ensure the holiday of your
choice is suitable. A comprehensive Special Needs form is available for this purpose which you should
request when making your booking and return to us. Failure to advise us of your specific needs may
result in the holiday being unsuitable and cause disappointment to you as well as other holidaymakers
which may result in termination of the holiday arrangements, for which we would not be liable.
Special assistance at airports needs to be advised at the time of booking. A ‘Special Needs’ form will
then be sent to you to complete in order that we may have all the medical details before the request can
be actioned. Special meals on the flight can be requested but are subject to availability and cannot be
guaranteed.