You are on page 1of 10

Thomson cruise health and safety

Liability for Death, Injury and/or Loss of or Damage to Luggage

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.

A copy of the Athens Convention is available on request. You may download a


copy from the Internet at http://www.louiscruises.com/coc

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 relation to loss of or damage to cabin baggage the Carrier’s liability is limited to


833 SDRs. In respect of luggage other than cabin luggage, the Carrier’s liability is
limited to 1200 SDRs per Passenger per Carriage.

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 damages payable by the Carrier shall be reduced in proportion to any


contributory negligence by the Passenger as provided in Article 6 of the Athens
Convention.

Global Limitation of Liability


In addition to the restrictions and exemptions from the liability provided in the
Terms and Conditions of Carriage, the Carrier shall have the full benefit of any
applicable laws providing for limitation and/or exoneration of liability (including
without limitation, Cypriot Law and/or the laws of the Vessel’s flag in respect of
liability of/or the global limitation on damages recoverable from the Carrier) and
nothing in these Terms and Conditions of Carriage is intended to operate to limit
or deprive the Carrier of any such statutory or otherwise limitation or exoneration
of liability. The servants and/or agents of the Carrier shall have the full benefit of
all such provisions relating to the limitation of liability.

Period of Liability of Carrier

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.

Potential non-applicability of exemptions etc


Without prejudice to the provisions of clauses 3 and 4 hereof, if any claim is
brought against the Carrier in any jurisdiction where the applicable exemptions
and limitations incorporated in these Conditions of Carriage are held to be legally
unenforceable, then the Carrier shall not be liable for death, injury, illness,
damage, delay or other loss or detriment to person or property arising out of any
cause of whatsoever nature not shown to have been caused by the Carrier's own
negligence or fault.

Application of exemptions etc. to servants and agents of Carrier

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 refuse to embark or disembark the passenger at any particular port.

To disembark the Passenger at any port.

To transfer the Passenger from one berth to another.

To confine the Passenger to a cabin or to the ship’s hospital or other appropriate


place on the Vessel.

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.

Where a Passenger is refused embarkation or is disembarked the Carrier shall not


be liable for any loss or expense caused to the Passenger nor shall the Passenger
be entitled to any compensation.

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.

Charges for Medical Attention etc

All health, medical or other special or personal services provided in connection


with the cruise are provided solely for the convenience and benefit of the
Passenger, who may be charged for such services.

In the event that medical attendance of any kind or ambulance assistance


(whether on shore, at sea or by air) is required and is provided or ordered by the
Carrier or the Master or the physician on call (if any), the Passenger concerned
shall be liable for the full charge or cost thereof and shall indemnify the Carrier
upon first demand for any costs incurred by the Carrier, its servants or agents.

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 Passenger acknowledges that whilst there is a qualified doctor onboard it is


the Passenger’s obligation and responsibility to seek medical assistance if
necessary during the cruise.

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.

In the event of illness or accident Passengers may have to be landed ashore by


the Carrier and/or Master for medical treatment. The Carrier makes no
representations regarding the quality of medical treatment at any port of call or
at the place at which the passenger is landed. Passengers are advised to take out
insurance covering medical treatment. The Carrier accepts no responsibility
whatsoever in relation to medical facilities provided ashore.
Medical facilities and standards vary from port to port. The Carrier makes no
representations or warranties in relation to the standard of medical treatment
ashore.

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.

Expenses of any kind including fines or penalties or duties or other charges


incurred by the Carrier and attributable to the Passenger’s failure to comply with
the regulations of the Vessel or any government or authority shall be paid to the
Carrier by the Passenger on demand.

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.

Safety & Security

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.

Passenger’s luggage must not be left unaccompanied at any time.


Unaccompanied luggage may be removed and destroyed.
Crystal ski health and safety
Personal Injury 1
This section covers injury, illness or death while you are using the holiday services
that we have arranged for you. We have no direct control over the way our
suppliers provide their services but everyone employed or contracted by us or by
our suppliers is expected to carry out their duties in accordance with accepted
standards of behaviour. If they do not carry out their duties in accordance with
accepted standards of behaviour (or at all) and that fault results in your injury,
illness or death, we may make a payment to you. We will not make any payment
if your injury, illness or death was caused by an event or circumstances which the
person who caused it could not have predicted or avoided even if they had taken
all necessary and due care. We will not make any payment if your illness, injury or
death was your own fault. If we do make a payment, it will be similar to one you
would receive under English law in an English court.

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.

Thompson ski Safety First on the Slopes

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.

Health & Safety


We promote good hygiene practices within hotels, but the hygiene standards in some foreign countries,
particularly developing destinations, are generally much lower than in the UK. Care should be taken to
minimise the risk of holiday sickness, especially among pregnant women, infants and the elderly.

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.

First for Accommodation


At Thomson Ski & Snowboarding, the well-being and safety of our customers is a priority, and we are
actively seeking to raise safety and hygiene standards in all our overseas destinations. One of the joys
of travelling abroad is experiencing the way of life in countries which are different. However, it’s
important to remember that safety and hygiene standards in most foreign destinations differ from those
we take for granted at home. Hotels, apartments, chalets and other facilities will be obliged to meet local
safety regulations, but these are unlikely to match UK standards, which are among the highest in the
world, even within European Community countries.

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.

First for Raising Standards


We want your whole family to have a safe as well as relaxing and enjoyable holiday. For your peace of
mind we’ve
talked with the Royal Society for the Prevention of Accidents (ROSPA) about safety issues. We have
identified balcony and swimming pool safety and in particular the supervision of children as key areas
for families on holiday in an unfamiliar environment.

First for Pools


Pool safety is an important consideration for adults and children. Very few pools will be supervised or
have a life guard in attendance. Therefore, children should always be supervised by an adult and no
one should swim immediately after taking either food or drink.

First for Fun in the Sun


The sun in alpine resorts can be very strong. Thomson Ski & Snowboarding has worked closely with the
Department of Health to provide you with expert tips for safety in the sun. You’ll find these listed in the
Safety First leaflet given to you in resort. Do make sure you take an adequate supply of any medicines
needed, as prescription equivalents may not be available in your holiday area.

First for Children


Our younger customers are very important to us and we aim to keep them fully entertained at our
Crèches and Arctic Rangers Clubs. Working closely with Kids’ Club Network, we have established
guidelines to make sure that all clubs provide a suitable environment and operate safe procedures. Your
co-operation as parents is essential and you’ll be happier knowing that your children are in safe hands.

And Lastly, Customer Aid


Thomson Ski & Snowboarding holidaymakers are required to purchase appropriate holiday insurance. It
is particularly important to ensure that you have the right cover for what you want to do on your winter
sports holiday. Although accidents do happen, prevention is always better than cure.
Health Matters
Customers are reminded that they should check with their own doctor for advice on medical
requirements of the host countries.
From 1st January 2006, the E111 travel health insurance document ceased to exist and has been
replaced by the new European Health Insurance Card (EHIC). Travellers who wish to use this facility
must apply for the new EHIC by one of the methods stated in the T7 booklet or on the website
www.dh.gov.uk/travellers or by calling 0845 606 2030 as you will need to present the EHIC card for
reciprocal treatment.
Information about free and reduced-cost emergency care and medical treatment in most EU countries
can be found in the leaflet T7 “Health Advice for Travellers”, which is available free from post offices,
local Department of Health offices, GPs and libraries, or by calling the Health Literature Line on 0300
123 1002.
However, as this only provides limited cover, we require all our customers to have adequate holiday
insurance cover. Therefore, please ensure that you have arranged sufficient alternative insurance. For
treatment in any country you will need to produce your passport.

Health and Comfort While Skiing


Essential to a happy, healthy skiing holiday is a reasonable level of fitness. Your doctor can suggest
exercises that will help you get in shape for the exertion of skiing. At Thomson Ski & Snowboarding, we
do all we can to make sure that your holiday is a happy one. However, in some countries, the standards
of safety may be different from those in the UK. Ask your travel agent or Thomson Ski & Snowboarding
Team if you have any questions.

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.

Choose your Resort Carefully


Mixed-ability groups in particular must remember that skiing should be safe and fun for everyone. It is
important to select a resort which offers the appropriate range of skiing for your group. Do not
encourage fellow skiers to venture onto slopes that are beyond their capabilities. It is also worth noting
that because of their steep terrain many of the resorts favoured by experienced skiers may carry an
increased risk of avalanche.

Let the Experts Guide You


A guide including essential information to help you get the most out of your skiing and a copy of the
Federation Internationale du Ski (FIS) code will be sent with your tickets. Combining this with up-to-date
information on arrival will help you to maximise safety both on the slopes and in the village.

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.

Help Us to Protect the Environment


Thomson Ski & Snowboarding is committed to caring for the environment and the communities in which
we operate. Already our acclaimed ‘World Aware’ programme is helping hoteliers and other overseas
suppliers to formulate and maintain good working practices for the sake of a better environment. We
actively encourage our staff, at home and abroad, to become involved with local issues to support
environmental protection.
Naturally, we insist that the paper used in the production of this brochure has been carefully selected
with due consideration for the environment. It is made from trees grown as a commercially renewable
resource: so for every tree felled to make the paper, two are planted to replace it. We would appreciate
it if you would spare a few minutes to consider how you can help care for the local environment when
you’re abroad. Your co-operation is very important because if everyone does a little bit, we can all
achieve considerable reductions in the pressures that tourism brings to ski resort areas. If you have any
queries regarding information contained within this guide, please feel free to write to us at the following
address: Customer Services, Thomson Ski & Snowboarding,
King’s Place, 12-42 Wood Street, Kingston upon Thames, Surrey KT1 1JY.

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.

The Foreign & Commonwealth Travel Advice Unit


The Foreign & Commonwealth Travel Advice Unit may have issued information about your holiday
destination. You are advised to check this information on BBC2 (Ceefax) or on the Internet under the
address http://www.fco.gov.uk/, or phone 0845 850 2829. Alternatively, you can contact the ABTA
Information Department on 020 3117 0500 (calls charged at 50p/minute).

KNOW BEFORE YOU GO


We are working with the Foreign and Commonwealth Office to do all that we can to help British
travellers stay safe overseas. Before you go overseas, check out the FCO web site at:
www.fco.gov.uk/knowbeforeyougo

You might also like