1st January - 31st December
Running Dates Desc: All year
Class: Premier Dining, Luxury Day and Night
Food: Dining on board
Locomotives: Diesel Engine
Stations: London Victoria, Paris Est, Venice Santa Lucia, Budapest-Keleti, Vienna West, Istanbul Sirkeci, Prague Smichov
GENERAL TERMS AND CONDITIONS as of 11 April 2013
When a person on behalf of a travel agency, tour operator or other travel organisation (hereinafter referred to as ‘Client’) or an individual customer ('Customer') that is registered with World Train Travel (hereinafter referred to as ‘WTT’) pays WTT a deposit or full- or part-payment for the cost of travel on a journey on a train or on a tour or for another service, operated by a train company, tour operator or service provider (hereinafter referred to as ‘Provider’), as presented by WTT, the Client / Customer enters into an agreement with the Provider for all matters relating to the journey or service connected to the booking, and full acceptance of these Terms and Conditions, and those of the Provider by the Client / Customer is assumed.
WTT is an agent; the contract is between the Client or Customer and the Provider.
This train is operated by
Venice Simplon-Orient-Express Limited whose registered and head office is at 1st Floor, Shackleton House, 4 Battle Bridge Lane, London SE1 2HP
Telephone: (020) 3117 1300 Fax: (020) 7921 4777
RAILWAY OPERATORS’ AND OTHER CARRIERS’ CONDITIONS
The relevant conditions of carriage and byelaws of the railway operators over whose lines The Client’s customers travels are incorporated into the contract together with those of any other carrier.
The contract also includes, where applicable, the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV) which are applicable to the Berne Convention concerning international carriage by rail.
VARIATIONS OF THESE TERMS AND CONDITIONS
These conditions are subject to variation at any time.
Any variation will be displayed here and you will be deemed to have accepted a variation if you have made a booking after it has been displayed.
These Conditions and any appendices shall take effect on the date displayed above until further notice, or as superseded by later versions.
The Client is hereby notified that it must ensure the Client's customers have adequate insurance cover for the travel, tour or service booked by the Client with WTT. Similarly the Customer must have adequate insurance cover for the travel, tour or service booked by the Customer with WTT. Cover must include refunds, cancellations and travel plan alterations, howsoever caused. WTT accepts such a booking on the strict understanding that this insurance cover is in place.
PASSPORTS & VISAS
The Client / Customer is responsible in ensuring passports and visas, as may be required, are valid prior to departure, and for the entire duration of the journey.
BOOKINGS AND RESERVATIONS
When a ticket, tour or other service (hereinafter referred to as ‘ticket’) is reserved, WTT sends an email confirming the booking, with a booking reference number.
A booking fee may be charged.
Examine tickets carefully upon receipt. Both the Provider and WTT accept no liability for ticket errors resulting from incorrect information provided by you.
If there is any inaccuracy, the Provider must be notified within 24 hours of receipt of your tickets.
The Provider aims to ensure that all tickets booked through WTT are issued correctly and efficiently but in the event of any error or delay occurring in connection with the booking or the issue of tickets, the maximum liability to the Client or Customer will be to refund the price of the ticket, notwithstanding these terms and conditions.
Names on travel documents must match exactly those shown on passports, where applicable.
If an e-ticket has been provided by WTT, it must be taken when travelling as it may be required on demand. Customers should also have a valid form of identification during travel.
FARES AND PAYMENT
All fares quoted by WTT are subject to availability and are only available when payment has been received from the Client / Customer.
There are various ways to pay, including credit cards, bank / wire transfers and UK cheques. These and other methods are covered in the guide ‘How to Pay for Tickets and Tours’.
REFUNDS AND CHANGES TO TICKETS AND TOURS
Unless indicated otherwise in the specific terms that apply to the ticket, it is only valid for travel at the times stated on it and may not be exchanged.
If the Provider makes any change to or cancels the booking, the Provider's maximum liability may be the refund of the ticket price.
WTT is involved in the administration of refunds and changes to tickets and tours for all bookings on luxury trains, whereas the Provider handles refunds and changes to tickets and tours for all bookings on tourist trains directly with the Client / Customer.
The details concerning ticket refunds are set out in the specific terms that apply to it. If these permit a refund, WTT reserves the right to charge a processing fee of up to 20% of the cost of the ticket if WTT is involved in the administration of the refund. The Provider may charge a processing fee.
The processing fees made in respect of exchanges and cancellations, if WTT is involved in their administration, are in addition to any charges that may be made by the Provider concerned.
Refunds on partially-used tickets are not available.
All refunds will be made by any method by which WTT deems, if WTT is involved in the administration.
WTT will not be liable for any delay, poor performance or failure in performance caused by matters beyond WTT’s reasonable control.
Likewise the Provider will not be so liable.
Check that your passport is valid for at least six months at time of travel.
Your steward will request your passport and ask you to complete immigration and customs documents. Passport and customs formalities take place at the Malaysian/Thai border and on boarding or disembarking at Singapore.
You will not normally be disturbed during your journey, and your passport will be returned to you prior to disembarking.
Passengers boarding in Singapore and Bangkok are advised that refunds on Goods and Services Tax are only available at the airport and not at the railway station.
Visas for tourism visits to Thailand, Malaysia and Singapore are not normally required for stays of less than 30 days, except for nationals of certain Middle Eastern, African and South American countries. Visas may be necessary for onward travel to other Asian destinations. If a visa is required for a particular country, it is necessary to obtain a visa even if you are only in transit through the country.
It is not possible to obtain visas on board the train or at the respective border points for entry into Singapore, Malaysia or Thailand. Those nationalities that do require visas for entry into any of these countries must obtain the correct documentation before boarding the train. You must clearly state on your visa enquiries/applications that you will be travelling by rail.
For Bangkok – Vientiane – Bangkok journeys, please note that you will require an entry visa for Laos.
For passengers boarding the train at Bangkok, two passport-sized photographs are required upon check-in at Bangkok’s Hualampong Station in order for your visa application to be processed.
No special health certificates are required, but you should request advice from your medical practitioner or travel specialist. Quarantine arrangements apply to travellers affected by yellow fever.
Customs regulations are in line with those prevailing elsewhere in the world, however the importation of prohibited items carries serious penalties. In particular, the importation of narcotics into Thailand, Malaysia and Singapore is treated very seriously. On conviction, the death penalty is still applied in certain cases.
During your journey, staff and agents of Eastern & Oriental Express will provide assistance to facilitate border formalities. You will be required to provide relevant information and hand over your passport at the appropriate times. Please note, however, that it is the responsibility of each individual passenger to ensure that they are in possession of the necessary and valid documentation. The Company assumes no responsibility for the consequences of any failure to comply.
At the Malaysian Customs and Immigration facility, the E&O stops and passengers must disembark and pass through Customs and Immigration. Passengers must take all their hand baggage with them while their main luggage is removed for security screening procedures. Please ensure you allow sufficient time for these formalities when organizing you onward arrangements.
Passport and customs formalities take place at the Malaysian/Thai border. Passengers will not normally be disturbed during the journey. Passports will be held during the journey by the stewards and will be returned immediately prior to disembarking.
We strongly recommend that you take out travel insurance as soon as you book your journey or holiday. If you have not already done so, we suggest you contact your travel agent or the Orient-Express Reservations Office in your home country to assist you.
Luggage is limited to 30kg per person for Pullman and State Compartment passengers. There is no limit for passengers travelling in a Presidential Suite. Please keep your tickets, passports and any medication with you; do not pack them in your through or compartment luggage. Please note, durian fruit must not be taken on board.
We recommend that you label your luggage with a contact address, your hotel and your destination. It will be taken care of as follows:
We suggest that items not required for your journey are packed separately in a sturdy case. At check-in this luggage will be labelled by our staff, after which it will not normally be accessible until you reach your destination. Ideally, large and/or hard cases should be checked in as through luggage.
This should contain clothing and items you need during your journey. When you plan your luggage, please bear in mind that storage space is limited. There is a luggage rack, plus an additional storage cupboard with hangers. One or two soft-sided suit carriers or similar can be comfortably accommodated in each compartment.
Your passport, tickets, jewellery, money, camera, fragile items and any medication should be kept in your hand luggage and not checked in.
We advise that you take out insurance to cover any loss or damage to your luggage.
TERMS AND CONDITIONS (UK AND EU)
1. Applicability of these Conditions
a. Venice Simplon-Orient-Express Ltd. (‘VSOE’, ‘we’, ‘us’ or ‘our’) for travel on the Venice Simplon-Orient-Express, The British Pullman and Northern Belle and where VSOE is an organiser under the Package Travel, Package Holidays and Package Tours Regulations 1992 (‘the Package Travel Regulations’):
b. VSOE as agent for: Eastern & Oriental-Express Ltd. (‘E&OE’) for travel on the Eastern & Oriental Express;
Myanmar Hotels and Cruises Ltd (‘MHCL’) for travel on the Road To Mandalay; Myanmar Cruises Ltd. (“MCL”) for travel on Orcaella; Croisieres Orex SAS (‘CO’) for travel on Afloat in France; The Great Scottish & Western Railway Company Ltd. (‘GSWRC’) for travel on The Royal Scotsman. These Conditions also apply where bookings are made via a travel agent or associate company of VSOE.
In the event of any inconsistency between these Conditions and any applicable third party conditions and/or International Conventions etc, these Conditions shall, to the extent permitted by law, prevail. Please read these Conditions carefully as (subject to any amendments which we may from time to time agree with you) they set out your and our respective rights and obligations. In these Conditions references to ‘you’ and ‘your’ include the first named person on the booking (‘Lead Passenger’) and all persons on whose behalf a booking is made or any other person to whom a booking is added or (if permitted by these Conditions) transferred.
For certain types of group bookings for 12 or more persons we may agree in writing particular terms varying these Conditions.
These Conditions also apply to gratuitous carriage provided by us on one of our trains/boats except to the extent that we have otherwise provided by contract.
In these Conditions, a ‘Package’ exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than 24 hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package.
By making a booking, the Lead Passenger hereby:
a. represents that he/she has the authority to bind to the contract all persons named on his/her booking;
b. confirms that he/she has read and understood these Conditions and agrees (for himself/herself and on behalf of each person named on his/her booking) to be bound by them;
d. confirms he/she is 18 years of age or over and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
These Conditions apply to bookings made from within the UK or the rest of the European Union ("EU") by EU residents (other than bookings made from within France or Germany which are subject to separate conditions).
If you made your booking by telephone, fax or post and had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them, please return all documentation to us or to your travel agent, within 7 days of receiving these booking conditions. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 56 days of travel.
2. Booking and Paying For Your Arrangements
Subject to availability, a booking will be made with us when (1) you tell us that you would like to accept our written or verbal quotation and (2) you pay us the applicable deposit being 15% of the cost of your arrangements unless we notify you otherwise in writing (or if booking within 56 days of departure full payment) and (3) we issue a confirmation invoice. A binding contract will come into existence as soon as we have issued a confirmation invoice confirming the details of your booking (and the due payment dates for any applicable balance to be paid) which will be sent to you or your travel agent. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt of the ATOL certificate and your confirmation invoice, if you believe that any details on it (or any other travel document issued by us) are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any travel document within 10 days of our sending it out.
If there are less than 12 passengers in your party and if you have made your booking more than 56 days before departure and have paid a deposit to secure your booking, the balance of the cost of your arrangements (including any applicable surcharge) is due not less than 56 days prior to scheduled departure.
If there are 12 or more passengers in your party, payments must be made as follows: 15% of the cost of your arrangements is payable on booking, a further 35% of such cost (including any applicable surcharge) is due 90 days before departure (if your booking is made between 90 and 56 days from departure, you will be required to pay 50% of the cost of your arrangements on booking) and the balance is due 56 days before departure (if your booking is made less than 56 days before departure, you will be required to pay the entire cost of your arrangements at the time of your booking).
If we do not receive (in cleared funds) the balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable.
Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. In respect of arrangements not including flights, all monies you pay to one of our authorised travel agents for your arrangements with us will be held by that agent on your behalf until we issue our confirmation invoice, after which the agent will hold the monies on our behalf.
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate. However occasionally changes and errors occur and we reserve the right to correct prices and other written details relating to arrangements (whether displayed by us or travel agents) in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
We reserve the right to amend the price of unsold trips at any time.
The price of your confirmed booking is subject at all times to changes in transport costs such as fuel, and any other cost changes which are part of our contracts with train haulage providers, rail track access providers, ship operators and any other transport providers; to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in currency exchange rates and to dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or airports, any or all of which may result in a variation of the price of your trip. If the amount of the increase exceeds 2% of the total cost of your arrangements (excluding amendment charges and/or additional services or travel arrangements), you may be charged for any resulting increase in the cost of your trip. If an increase in costs means that the price of your confirmed booking (excluding any amendment charges and/or additional services or travel arrangements) would increase by more than 10% the total cost of your arrangements, you will have the options x, y, z set out in clause 9 below. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from being notified of a price increase of more than 10%. There will be no increase made to the price of your confirmed trip in the 30 days prior to your departure.
5. Jurisdiction and applicable law
a. The contract and any non-contractual rights and obligations relating to your booking and any agreement to which they apply are governed in all respects by English law. You and we both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your booking will be dealt with by the Courts of England and Wales only. You may, however, by notice in writing, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
b. Legal proceedings in respect of any claim against either the Malaya Railway Administration or of The State Railway of Thailand or any other railway network over whose rail network the carriage is performed may only be instituted in the competent court of the State on whose territory the incident occurred which gives rise to the claim. Such claims will be decided in accordance with the laws of that State.
6. Force Majeure
Except where otherwise expressly stated in these Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to, war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather, sea, air, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control.
7. Changes by You
If the Lead Passenger or anyone named on his/her booking wishes to change any part of that booking after our confirmation invoice has been issued, the Lead Passenger must inform us by email email@example.com or in writing to The Orient-Express Centre Europe, Venice Simplon-Orient-Express Ltd, 1st Floor, Shackleton House, 4 Battle Bridge Lane, London SE1 2HP as soon as possible. Whilst we will try to assist, we cannot guarantee that we will be able to make your requested change. Where we can meet a request, all changes will be subject to payment of an amendment fee as shown at Clause 8 as well as any applicable exchange or other rate changes or other extra costs we incur and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee will be payable (see clause 8 below).
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
8. If you (or a member of your party) cancel your trip
If you or any other member of your party decides to cancel a booking (in respect of which we have issued a confirmation invoice):
a. that person(s) may transfer their place to someone else (introduced by you) and in respect of whom the Lead Passenger will need to give the confirmations and representations set out in clause 1 provided we are notified not less than 14 days before departure and you pay an amendment fee in accordance with the table below and meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers.
b. if you are unable to find a replacement, the Lead Passenger must notify us in writing of the cancellation of that person. Your notice of cancellation will only take effect when (1) in the case of post, the notice is received in writing by us at our offices at The Orient-Express Centre Europe, Venice Simplon-Orient-Express Ltd., 1st Floor, Shackleton House, 4 Battle Bridge Lane, London SE1 2HP. We recommend that you use recorded delivery or (2) in the case of e-mail, you receive a reply from us acknowledging receipt of your e-mail sent to firstname.lastname@example.org. We reserve the right to request notification of consent from each member of the party in respect of whom the cancellation is made. Cancellations attract the following charges (in order to cover our estimated costs). The cancellation charges detailed are calculated on the basis of the total cost payable by the person(s) cancelling, excluding amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:
Note: Free amendment does not apply to the air element of flight-inclusive trips. Certain bookings may not be amended after we have issued a confirmation invoice and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
|Written notice (cancelling a confirmed booking) received before scheduled departure date||Cancellation Fee (expressed as a % of total cost payable for the trip by the person(s) cancelling)||Amendment Fee for each change (% of total cost payable by the person(s) cancelling)|
|56 days or more||15%||One free, then 10%|
|2 days or lessprior to departure||100%||100%|
We will apply any monies you have already paid to us towards settling any cancellation charge(s) (and to the extent your payments exceed the sum due, we will refund the balance).
No refunds will be given for passengers not travelling or for unused services.
9. If We Change or Cancel Your Booking
Occasionally circumstances occur before departure that require us to make a Major Change to or cancellation of your trip. For the purpose of these Conditions, only the following are ‘Major Changes’ before departure:
a. a change of departure date, departure point or destination (except a change of departure point or destination within a 50 mile radius of the originally intended departure point or destination); or
b. a change of either confirmed departure time (i.e. the departure time displayed on the travel document) or confirmed arrival time by more than 12 hours (5 hours in the case of day trips); or
c. in the case of cruises, the applicable boat (or suitable alternative boat) not being available; or
d. in the case of carriage by train, the applicable train (or suitable alternative train) not being available; or
e. cancellation of the entire booking.
All other changes are not Major. ‘Major Changes’ do not include (i) any change to the route and/or stopping points (unless the change amounts to a circumstance within (a) – (e) above, (ii) a substitution of diesel or electric traction in the case of advertised steam haulage journeys, (iii) non-availability of particular dishes or ingredients, or (iv) substituted excursions (for example because a particular attraction is closed).
If a Major Change (as defined above) has to be made to a trip before departure, we will make every reasonable effort to inform you or your travel agent. If this happens, you may:
x. accept any changes we offer; or
y. (subject in each case to availability), choose to undertake the same trip on an alternative date, or accept an alternative trip with an appropriate pricing adjustment; or
z. cancel your booking and receive a full refund.
If we make a Major Change to a Package or cancel it less than 56 days before departure, we will also pay reasonable compensation. We will not pay you compensation where we make a Major Change to a Package or cancel it more than 56 days before departure or in the event that we are forced to make a change or cancel as a result of force majeure as defined in clause 6 or in the event of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care; or in the event that we have to cancel your arrangements because the minimum number of people necessary for the arrangements to operate has not been reached. In such events, we will notify you of cancellation for that reason no later than 56 days before your trip is due to depart.
Our offer of any of the above shall constitute your sole remedy against us in respect of a Major Change (including without limitation, cancellation) before departure. In particular please note that subject to these Conditions and any applicable International Conventions, to the extent permitted by law, we shall not be liable for (a) missed connections or (b) any loss or damage caused to you and/or your luggage by the cancellation, non-arrival, lateness, delay or change to your trip or any other service or for any loss or damage consequential upon such cancellation, non-arrival, lateness or delay. A change in departure time will only be compensated once (i.e. we shall not be liable to compensate you separately for late departure and late arrival of the same leg).
We are not responsible for meeting any expenses or losses you may incur as a result of change or cancellation. Please note: where services with a higher price than the original services contracted for are offered by us and accepted by you, the difference in price will be deducted from any compensation payable to you.
We will not pay you compensation and the options x, y and z above will not be available if we make any change other than a Major Change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
If we become unable to provide a significant proportion of the services making up a Package that you have booked with us after you have departed, we will make suitable alternative arrangements for you at no extra charge. If we are forced by force majeure as defined in clause 6 to change or terminate your arrangements after departure, we are not responsible for making any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
The Package Travel Regulations provide that in certain circumstances causing transport delay or cancellation, in the event that you experience difficulty during a Package with us, we will provide you with prompt assistance. Where we are liable to provide you with prompt assistance, this is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.
In the unlikely event that you do have a problem during your trip, please inform the Train/Cruise manager immediately who will endeavour to put things right and if you suffer any loss or damage to your luggage please inform us or the relevant Carrier within 72 hours. If your complaint is not resolved locally and you wish to complain further, please send formal written notice of your complaint to us at Customer Services, Venice Simplon-Orient-Express Ltd, 1st Floor, Shackleton House, 4 Battle Bridge Lane, London SE1 2HP, within 28 days of the end of your trip, giving your booking reference and all other relevant information. Failure to do so will affect our ability to investigate your complaint, and could affect your rights under these Conditions.
11. Our Responsibilities and Limitations on Our Liability
(1) In respect of Packages only, wewe will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these Conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) In respect of all other arrangements, we will (i) where we (or E&O, MHCL, CO and/or GSWRC) are performing your booking, perform it using reasonable skill and care and (ii) to the extent your arrangements are performed by another supplier, select the suppliers of the services making up your booking with us using reasonable skill and care. In relation to arrangements performed by another supplier, we have (to the fullest extent permitted by law) no liability to you for the actual provision of those services, except in cases where it is proved that we have breached that duty and damage to you has been caused.
(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description to the extent that it results from:
a. your act(s) and/or omission(s) (or those of the person(s) affected); or
b. the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
c. unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
d. an event which either we, our employees, suppliers, servants, subcontractors could not, even with all due care, have foreseen or forestalled; or
e. force majeure as defined in clause 6.
Your sole remedy(ies) for the matters covered by clause 9 (If We Change or Cancel Your Booking) are set out in that clause 9.
We limit the amount of compensation we may have to pay you (other than to the extent the claim is for death, illness or personal injury) if we are found liable under this clause 11 as follows:
a.Loss of and/or damage to any luggage or personal possessions (including money):
The maximum amount we will have to pay you in respect of these claims is £2,500 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
b.Claims not falling under (a) above (provided there is no personal injury, illness or death):
The maximum amount we will have to pay you in respect of these claims is twice the price paid to us for the trip by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
c.Claims in respect of international travel by sea and/or rail:
The extent of our liability will in all cases be limited as if we (being Orient-Express Hotels Ltd. and all companies where it owns from time to time at least 25% of those companies in aggregate) were Carriers under the appropriate International Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on Rail Passengers’ Rights and Obligations incorporating the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. In addition, you agree that any applicable operating Carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these International Conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by relevant reference into our contract with you.
In any circumstances in which a Carrier is liable to you by virtue of the Denied Boarding Regulations 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under those Regulations as if (for this purpose only) we were a Carrier.
When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from a transport provider or hotelier for the complaint or claim in question.
It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out at clause 10 in these Conditions.
Where any payment is made, the person(s) receiving it (and their parent or legal guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide us and our insurers with all assistance we may reasonably require.
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you (by way of non-exhaustive examples, if you fail to notify us of a food allergy or medical condition or incur any business losses).
We will not accept responsibility for services or facilities which do not form part of our agreement with you or where they are not advertised in our brochure or on our website. For example, any excursion you book (other than with us) while on the trip, any service or facility which your hotel or any other supplier agrees to provide for you, any doctor, dentist or other medical attendant called to attend to you during the trip and any services, products or transportation not provided by us.
12. Financial security
We are licensed by the Civil Aviation Authority to sell flight inclusive Packages. Our ATOL licence is 3141. When you buy an ATOL flight inclusive Package from us you will receive an ATOL certificate. This, together with your confirmation invoice, lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information visit the ATOL website at www.atol.org.uk. The price of flight inclusive Packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all inclusive Packages or travel services offered and sold by us will be protected by the ATOL scheme. ATOL protection extends primarily to Customers who are residents of the United Kingdom. Protection for Non ATOL Packages is provided by means of a separate Trust Account into which all monies paid to us in respect of a Package will be held until the Package in question has been completely performed. Non-Package arrangements and arrangements not booked or departing from the UK are not protected.
13. Conditions of suppliers and carriage
a. Some of the services which make up your trip are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of our contract with you. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
b. Each of VSOE, E&OE, MHCL, CO, and GSWRC have their own conditions of carriage which are applicable to this contract where services are provided by them and which are obtainable from us or from their respective web sites.
14. Your Obligations
a. Travel Documents. You must be in possession of a valid travel document before boarding the applicable train/boat. Travel documents are only valid for the dates and for use only between the points of departure and destination (or stopover, see (c) below) shown on the travel document and by the route or routes shown on the travel document. Travel documents are not transferable (other than as expressly permitted by these Conditions). Travel documents bearing unauthorised alterations are not valid for travel. Travel documents remain our property and if you fail in any material respect to comply with any condition (including but not limited to these Conditions) governing its use, your travel document may be withdrawn or invalidated by our staff or agents and you may be required to pay the full fare. There may be an administration charge for replacing any lost or damaged travel documents.
b. Boarding, alighting or changing Trains/Boats.
When boarding, alighting or changing trains/boats during your journey you should make sure that:
(i) you board the correct train/boat; (ii) if appropriate, you travel in the correct part of the train/boat; (iii) you alight from the train/boat at the correct destination, including any destination where you need to change onto another train/boat/means of transport; (iv) you keep your possessions with you at all times (other than luggage which has been checked–in with us; see (h) below);
(v) you check-in as we advise and are ready to board the train/boat (having loaded all luggage to be deposited with us) at or before the time shown on your travel document;
(vi) promptly following arrival at any destination, you alight the train/boat and (if applicable) remove all luggage. If you require assistance to board/alight a train/boat, you must please advise us not less than one week before departure so that arrangements can be made (please also see (e) below);
We will not delay departures or otherwise make provision for late boarding and we will not be responsible for any loss or delay to your journey arising from any failure by you to comply with any of (i – vi) above. If you miss the train/boat, or are refused boarding, you will be treated as if you had cancelled without notice (and the cancellation charges at clause 8 will apply).
c. Stopovers. If you make a break in carriage other than as permitted you shall not be entitled to onward carriage or to a refund or any other compensation from us.
d. Special Diets. Please notify us (not less than 14 days prior to departure) of any dietary requirements. It may not always be possible to offer you an alternative meal, but, provided we have been notified of your requirements, we will use reasonable endeavours to notify you of any meals you should avoid.
e. Disabilities and Medical Conditions. If you or any member of your party has any medical condition or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to appropriately accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
If your fitness to travel may be in doubt as a result of recent illness, surgery, injury, medical treatment or an existing medical condition which may require treatment or assistance on board (including but not limited to additional oxygen, wheelchairs, assistance to use the bathrooms, assistance to get in or out of bed, medication administered via a needle other than well-managed diabetes) you must (i) provide us with an up-to-date certificate from your doctor no later than 5 days prior to departure certifying that you are fit to travel and (ii) be accompanied by another passenger who is able to provide you with all the appropriate assistance you may need (our staff cannot provide such assistance). We may refuse you carriage (and no refund or compensation shall be paid to you) if you have not provided the applicable certificate and/or are not accompanied by a suitable passenger.
f. Passport, Visa and Immigration Requirements and Health Formalities. It is your responsibility to check and fulfil the passport, visa, health (including vaccinations) and immigration requirements applicable to your itinerary. We can only provide general information about such requirements. You must check the requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure.
Most countries now require passports to be valid for at least six months after your return date. If your passport is in its final year, you should check with the Embassy of the countries you are visiting. For further information for UK nationals, contact the Identity and Passport Service, on 0300 222 0000, visit www.direct.gov.uk or email email@example.com.
If you are a national of an EU country and your trip includes a trip to another EU country you are advised to obtain a European Health Insurance Card (‘EHIC’) prior to departure.
Up-to-date travel advice can be obtained from the Foreign and Commonwealth Office at www.fco.gov.uk.
Non-UK passport holders, including other EU nationals, should obtain up-to-date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us on demand in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
We shall have the right to inspect your passport, visas and travel documents/permissions to travel to ensure that you fulfil all entry requirements for any country in or through which your trip is to take place. If you are unable to fulfil any such requirements then we shall have the right to refuse you carriage and you will not be entitled to any refund in respect of any unused services.
g. Behaviour. All passengers travelling with us are expected to be appropriately dressed (as advised in the Passenger Travel Information sent with your travel documents), to conduct themselves in an orderly and acceptable manner, and not to disrupt the enjoyment of other passengers. If your behaviour (or any articles carried by you) is in our opinion causing or is likely to cause distress, danger or annoyance to any of our other passengers or any third party or damage to property, or to cause a delay or persion to transportation, or violation of any applicable law or regulation, we (or the applicable supplier) may terminate your arrangements with us immediately. In the event of such termination our liability to you will cease and you may without prior notice be refused boarding or be required to leave our boat, train or other service immediately. We (and the supplier or Carrier in question) will have no further obligations to you. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You may also be required to pay for loss and/or damage caused by your actions and we will hold each member of your party jointly and inpidually liable for any damage or losses caused by you. Full payment for any such damage or losses must be paid directly to us or the applicable supplier prior to your ejection from the service in question. If you fail to make payment, you will be responsible for meeting any (i) costs of any damage/injury to our staff, property, servants and/or agents and (ii) claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other passengers or inpiduals who have no connection with your arrangements with us.
h. Luggage on Trains and Boats. Your luggage must not contain any items which in our opinion are dangerous, illegal, liable to harm or annoy other passengers or otherwise unsuitable. Animals and livestock will not be carried, except guide-dogs in certain restricted circumstances (please ask at the time of booking).
Luggage deposited with us for carriage must not contain (and we shall have no liability for) any fragile or perishable articles, cash money, jewellery, precious metals or other valuables (including but not limited to bearer securities, business documents, trade secrets or samples).
We will accept the carriage of your luggage subject to any applicable laws, regulations, and conditions of carriage and subject to: (i) the luggage not being excessively heavy, bulky, dangerous, inadequately packed, in a defective state or otherwise unsuitable for carriage; (ii) luggage being correctly labelled with your name, destination address and cabin/seat/berth number; (iii) you accompanying your luggage onto the boat or train.
Unless we otherwise agree in advance, luggage allowances per passenger are as follows:
• Venice Simplon-Orient-Express and Eastern & Oriental Express – one suitable piece of hand luggage, one suit carrier or overnight bag (to be stored in the cabin) and one suitcase to be check-in for storage in the baggage car;
• The Royal Scotsman – one suitable piece of hand luggage and one suitcase (suitcase to be stored in the cabin);
• British Pullman, Northern Belle UK Day trips – one suitable piece of hand luggage;
• Road To Mandalay, Orcaella and Afloat in France – one suitable piece of hand luggage and two suitcases (suitcases to be stored in the cabin).
You shall be responsible for supervising any luggage you do not deposit with us for carriage.
The Lead Passenger on behalf of himself/herself and each member of the party hereby authorise us and our employees, servants and agents to inspect any luggage deposited with us for carriage, to check compliance with these Conditions.
You must comply fully and promptly with any instructions in respect of your luggage given by train or cruise staff or security and border control authorities in any jurisdiction.
We may refuse carriage to any passenger whose luggage does not comply with these Conditions, in which case, you shall not be entitled to any refund. We shall not provide storage (other than for checked-in luggage on the trains/boats, in accordance with these Conditions) for any of your possessions.
We shall not be required to:
(i) verify that a person claiming luggage is the owner of such luggage or otherwise entitled to take delivery of it;
(ii) verify that luggage complies with these Conditions;
(iii) hand over any luggage to any person unless the person claiming it can demonstrate to our satisfaction that he is entitled to take delivery of such luggage;
(iv) store any luggage not collected promptly when we require.
We may destroy, sell, otherwise dispose of or make a charge for storage of any luggage not collected on completion of carriage.
If you suffer any loss or damage to your luggage, please inform us or the relevant Carrier within 72 hours.
Porters at railway stations and ports, transfer agents and hotel staff are not employees or agents of ours and consequently you use their services entirely at your own risk. Trolleys and other equipment available for passenger use at railway stations and ports are not our property and consequently you use such equipment entirely at your own risk.
i. Cabins, Seats and Berths. The Carrier shall have the right to allocate seats, cabins and berths as it thinks, and subject to these Conditions, to vary any bookings made in respect thereof and to transfer you from any such seats, cabins and berths to any alternative ones, provided such allocated seat, cabin and/or berth is commensurate with the class of accommodation you have booked.
j. Insurance. You must have adequate travel insurance to cover your arrangements. Details of a policy suitable to cover the arrangements you book are available from an adviser at RHG Insurance Broker on 01438 345714 or 01438 345719 (please quote ‘VSOE Travel’ when calling). If requested you must provide details of your policy to us before you travel. Any liability which we may have to you shall not be increased as a result of your choice to travel without adequate insurance cover.
The marks/logos of VSOE, Venice Simplon-Orient-Express, Afloat in France, Eastern & Oriental Express, Orient-Express, Road To Mandalay, The Royal Scotsman, The British Pullman and Northern Belle shown in this website have been registered in various countries. ‘Orcaella’ is a trade mark of the Orient-Express Hotels Ltd. group. ‘Orient Express’ and ‘Venice Simplon Orient-Express’ are trade marks of SNCF protected and used under licence by Orient-Express Hotels Ltd. and its subsidiaries.
© 2012 Venice Simplon-Orient-Express Limited whose registered and head office is at 1st Floor, Shackleton House, 4 Battle Bridge Lane, London SE1 2HP
Telephone: (020) 3117 1300 Fax: (020) 7921 4777
Registered in England and Wales No 1551659
Holiday and Flight Information
PRICES: All prices and supplements shown (unless indicated otherwise) are per person based on shared accommodation. Please note, where your hotel stay covers two different price bands, the holiday price will be adjusted accordingly.
YOUR HOTEL(S): Every hotel has its own style and character. We offer a range of properties in most destinations which offer not only different room types but also prices. As a general rule, the price charged gives an indication of standard and therefore your expectation. Worldwide check in/out times are usually between 12 noon and 2pm and rooms cannot be guaranteed outside of these times, unless a supplement is paid to ensure immediate occupation on arrival or for late check-out.
YOUR TRANSFERS: Our itineraries include all transfers, which are either on a private basis, or shared when many passengers arrive/depart at the same time. This is particularly the case in our European programmes.
YOUR FLIGHTS: Please note that the airlines do not open bookings for flights until 10-11 months prior to travel and we cannot book flights without a deposit and they are subject to availability until confirmed in writing. Note that all air tickets (including Club Europe or Club World etc) are issued at contract rates and once booked cannot be changed in any way. European flights: all flights are with British Airways in Euro Traveller class and upgrades to Club Europe are available, subject to availability, for a supplement. Holiday itineraries and prices to/from Italy are based on flights to/from London Gatwick. Flights are also available to/from London Heathrow for a supplement. Flights to/from other European destinations are from London Heathrow.
Please note that British Airways levies a charge to pre-assign seats more than 24 hours prior to departure, if you would like to do this, please ask for details. Business class lounges are available in most airports, but where space is restricted, this may be limited to the airline’s executive club members. South-East Asian flights: The itineraries shown for South-East Asia do not include flights from the UK to Bangkok or Singapore as appropriate. However we are able to reserve flights with British Airways or Qantas from London Heathrow in World Traveller, World Traveller Plus, Club World or First Class. Due to the constant fluctuations in long-haul flight prices, these will be quoted at time of booking. Various itineraries have regional economy flights included. Unless indicated otherwise, these are with Bangkok Airways, except for flights to/from Yangon which may also be with Thai Airways International. Flights within Myanmar are mainly with Yangon Airways. Other flight information: Connecting regional British Airways flights are available for a supplement from selected regional airports to/from Heathrow or Gatwick provided you are also booking your international flight with them. Note that connecting flights do not include the transfer between Victoria Station and the airport or vice versa where applicable.
The carrier(s), flight timings and types of aircraft shown on this website or in our brochure and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Should there be any change we shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your e-tickets, which will be dispatched to you, approximately two weeks before departure. You should check these very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after e-tickets have been dispatched we will contact you as soon as we can to let you know. Please note the existence of a ‘Community list’ (available for inspection at http://ec.europa.eu/ transport/air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If the airline does not comply with these rules you should complain to the air transport users’ council on 020 7240 6061 www.auc.org.uk. This website is not issued on behalf of, and does not commit, the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders, in order to qualify for infant status a child must be under two years of age on the date of its return flight.
PASSPORT, VISA AND IMMIGRATION REQUIREMENTS AND HEALTH FORMALITIES:
It is your responsibility to check and fulfil the passport, visa, health (including vaccinations) and immigration requirements applicable to your itinerary. We can only provide general information about such requirements. You must check the requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure.
Most countries now require passports to be valid for at least six months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information, contact the Identity and Passport Service on 0300 222 0000 or visit www.direct.gov.uk.
If you are a national of an EU country and your trip includes a trip to another EU country you are advised to obtain a European Health Insurance Card (‘EHIC’) prior to departure. Up-to-date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.
Non-British passport holders, including other EU nationals, should obtain up-to-date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us on demand in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
We shall have the right to inspect your passport, visas and travel documents/permissions to travel to ensure that you fulfil all entry requirements for any country in or through which your trip is to take place. If you are unable to fulfil any such requirements, then we shall have the right to refuse you carriage and you will not be entitled to any refund in respect of any unused services.
No visas are required for EU Nationals to any of our destinations in Europe and South-East Asia EXCEPT for passengers travelling to/from Istanbul, Myanmar (Burma), Cambodia, Laos or Vietnam. A visa on arrival is available for Istanbul, Cambodia and Laos, but a visa in advance must be arranged for Myanmar (Burma) and Vietnam. Passengers to these destinations will be given further information on booking.
TRAVEL DOCUMENTS: These are valid only for the passenger(s) named, will be issued after receipt by us of full payment for your reservation and not normally later than 10 days (seven days in the case of journeys within the United Kingdom) prior to departure. Please take your confirmation of booking and ATOL Certificate with you on departure.
YOUR PROTECTION: The UK holiday packages with an air element on this website are ATOL protected, since we hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 3141. Please see our booking terms and conditions for more information. ATOL protection does not apply to all holiday and travel services. Please ask us to confirm what protection may apply to your booking.
TRAVEL INSURANCE: Adequate travel insurance is vital. Details of a policy suitable to cover the arrangements you book are available from an advisor at RHG Insurance Brokers on 01438 345714 or 01438 345719 (please quote ‘VSOE Travel’ when calling). If requested, you must provide details of your policy to us before you travel. Any liability which we may have to you (whether under our Booking Conditions or otherwise) shall not be increased as a result of your choice to travel without adequate insurance cover.
DELAY: Our journeys and holidays operate within the constraints of national and international railways and scheduled air travel. Please bear this in mind when arranging your own onward connections. We regret we are unable to offer you any assistance should a delay disrupt your itinerary. Any airline or other transport provider concerned may however provide refreshments and/or appropriate accommodation..