TERMS AND CONDITIONS (USA, AUSTRALIA, JAPAN AND ROW)
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 of a package.
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.
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 USA, Japan, Australia and any other country outside the European Union. Our systems should automatically direct you to the correct set of conditions applicable to your booking, however if you are making this booking from within the European Union, please contact us (by e-mail to our London team at 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 or by e-mail to our US team at firstname.lastname@example.org or in writing to Orient-Express Center, 205 Meeting Street, Charleston, SC 29401) so we can confirm which other set of Conditions may apply to your booking.
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 you’re 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. Upon receipt of this 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.
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 sales taxes 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 to email@example.com or in writing to Orient-Express Center, 205 Meeting Street, Charleston, SC 29401 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 mail, the notice is received in writing by us at our offices at Orient-Express Center, 205 Meeting Street, Charleston, SC 29401. (We recommend that you use certified mail) 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: 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 less prior 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 or cancel less than 56 days before departure, we will also pay reasonable compensation. We will not pay you c ompensation where we make a Major Change or cancel 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 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.
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 our head office: Customer Services, Venice Simplon-Orient-Express Ltd, 1st Floor, Shackleton House, 4 Battle Bridge Lane, London SE1 2HP, United Kingdom, 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
We will (i) where we (or E&O, MHCL, CO and/or GSWRC) are performing your trip, 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.
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 $3,150 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 European Union 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. 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, MCL, 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.
13. 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 fulfill 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.
If you are a national of an EU country and your trip includes a trip to another EU country you are advised to obtain an European Health Insurance Card (‘EHIC’) prior to departure.
Up-to-date travel advice can be obtained from the UK Foreign and Commonwealth Office at www.fco.gov.uk
Non-UK passport holders 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 fulfill 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. Behavior. 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 diversion 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 individually 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 individuals 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. 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: +44 (0) 20 3117 1300
Fax: +44 (0) 20 7921 4777
Registered in England and Wales No 1551659