Last Updated: 1 March 2023
1. Applicability of these Conditions These Conditions, together with any holiday and flight information we may provide you with in respect of your booking, any applicable conditions, bye-laws, international conventions or conditions of carriage of applicable Carriers (including VSOE, E&OE, MHCL, CO and GSWRC (all as defined below) and national and local railway bodies (where applicable referred to herein as ‘the Carrier’) for which see clauses 11, 12, 16 and 17 below, any other written information we brought to your attention before we confirmed your booking and any other terms we may agree with you from time to time, form the basis of your contract with: a. Venice Simplon-Orient-Express Ltd. (‘VSOE’, ‘we’, ‘us’ or ‘our’) for travel on the Venice Simplon-Orient-Express or Belmond British Pullman: 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 Belmond Road to Mandalay; Croisieres Orex SAS (‘CO’) for travel on Belmond Afloat in France; The Great Scottish & Western Railway Company Ltd. (‘GSWRC’) for travel on Belmond Royal Scotsman and PeruRail S.A. (‘PR’) for travel on Belmond Andean Explorer, Belmond Hiram Bingham, Perurail VistaDome, Perurail Titicaca, Perurail Expedition and Perurail Sacred Valley. In these Conditions, references to 'we', 'us' or 'our' shall be to VSOE where you are entering into a contract with VSOE as described in (a) above, or to the relevant company described in (b) above where you are entering into a contract with that company. From time to time we may make limited time or other special offers available which are also subject to the terms and conditions stated at the time of booking (“Special Offer Conditions”). In the event of any conflict between these Booking Conditions and the Special Offer Conditions, the Special Offer Conditions shall apply. 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. Group bookings for 14 or more persons may be subject to specific group terms and conditions confirmed at the time of booking and such terms may vary 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. 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. confirms that the details provided for all parties to the booking are full and accurate; b. represents that he/she has the authority to bind to the contract all persons named on his/her booking; c. 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 that he/she has read our Privacy Policy which can be found on our website at www.belmond.com/privacy-policy and confirms that he/she will provide our Privacy Policy to each named person on his/her booking; e. agrees to check all descriptions on the travel documentation received after a booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those travelling under the booking; f. 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 counties outside the European Economic Area ("EEA") and the UK. 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 EEA or the UK, please contact us so we can confirm which other set of Conditions may apply to your booking. Booking Office contact details: Singapore E&O Services (Singapore) Pte Ltd. 100 Beach Road #34-01 Shaw Tower Singapore 189702 Tel: 800 492 2240 Email: reservations.singapore@belmond.com Australia Freecall: 1800 000 395 Email: reservations.singapore@belmond.com Singapore Postal Address above New Zealand 00800 8392 3500 Email: reservations.singapore@belmond.com Singapore Postal Address above Hong Kong 001-800-8392-3500 Email: reservations.singapore@belmond.com Singapore Postal Address above Japan Belmond Japan Limited 3-7-28-1001 Kojimachi Chiyoda-ku Tokyo 102-0083 Japan Tel: +81 (0)3 3265 1200 Fax: +81 (0)3 3265 0351 Email: reservations.japan@belmond.com USA Belmond Reservations Services Inc. 205 Meeting Street Charleston SC 29401 USA Tel (toll-free): 1 800 524 2420 Tel: 1 843 937 9068 Email: reservations.us@belmond.com If you made your booking by telephone, fax or post and had not seen these 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 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 you believe that any details on any 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. Any bookings of 14 passengers or more may be subject to specific group terms and conditions confirmed at the time of 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. 3. Accuracy 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. 4. Pricing 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 a, b, c 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. 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. c. Legal proceedings in respect of any claim against PR must be initiated in Peru and decided in accordance with Peruvian law. 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, significant risks to human health such as the outbreak of a serious disease at the travel destination (including but not limited to pandemics and epidemics), acts, announcements, guidance, decrees or orders by governments or local authorities (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. Except where otherwise expressly stated in these Conditions we will not be liable to pay you refunds, price reductions or compensation if our contractual obligations are affected by Force Majeure. 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 or in writing to the relevant booking office specified above 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. We are not responsible for refunding or meeting any expenses or losses you may incur as a result of changes or cancellations made in relation to a Locally Booked Excursion (as specified in clause 13 below), whether these are changes or cancellations are made by you or the provider of the Locally Booked Excursion. 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 of our booking offices listed above. 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 one of the e-mail addresses above. 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.
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 of your journey on-board a Belmond train or cruise (“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: i. 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 ii. 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 iii.in the case of cruises, the applicable boat (or suitable alternative boat) not being available; or iv. in the case of carriage by train, the applicable train (or suitable alternative train) not being available; or v. cancellation of the entire booking. All other changes are not Major and we are permitted to make these other changes without incurring any liability to you. ‘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, (iv) substituted excursions (for example because a particular attraction is closed) or (v) without limitation, any and all measures similar to those set out in clause 12 of these Conditions. 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: a. accept any changes we offer; or b. (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 c. cancel your booking and receive a full refund. 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 a 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 a, b and c 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, after Departure (as defined in this clause 9, we become unable to provide a significant proportion of that journey, 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. 10. Complaints 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, 4B Victoria House, Bloomsbury Square, London WC1B 4DA, 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) Where we (or E&O, MHCL, CO, PR and/or GSWRC) are performing your booking, we will 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. (2) 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 the same 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 USD$2,500 (or local equivalent) 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 Belmond 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 also cannot accept liability for any damage, loss or expense or other sum(s) of any description which arise out of or are connected with the matters described in clause 12 of these Conditions. 12. Covid-19 We both acknowledge and agree that the COVID-19 pandemic has affected travel throughout the world and that we both have responsibilities to comply with various laws, regulations and guidance issued by governmental or regulatory authorities which seek to manage the risks caused by COVID-19. You acknowledge that laws, regulations and the travel suppliers providing your holiday (such as airlines, train operators, cruise operators, hoteliers and other travel suppliers) may require you and their employees to comply with various measures which have been introduced to manage the risk of COVID-19. These may include (without limitation) a requirement to undergo temperature checks, provide health information or certificates, wear personal protective equipment such as face-masks and gloves and abide by social distancing requirements. There may also be limitations on the number of persons who may use facilities or services at any particular time, limitations on the availability of certain facilities and services (e.g. buffet and self-service restaurants may be replaced by a-la-carte, spas and pools may be closed), requirements to pre-book facilities and services, sanitisation and other hygiene requirements. You also acknowledge that certain travel suppliers, ports, airports, border control or other third parties may require you to undertake certain health formalities or satisfy other requirements aimed at managing the COVID-19 risks as a condition to you travelling, departing, entering or residing in a particular place. You agree that it is your obligation to obtain details of these requirements ahead of your travel departure date and to comply with and satisfy these requirements. If you fail to meet these requirements, or refuse to complete them, you may be denied boarding, exit, entry or the use of some other facility or service which forms part of your booking. We shall not be liable to you for any refunds or compensation in relation to such matters. You also acknowledge that certain countries may impose quarantine or self-isolation measures upon travellers, whether in the place of destination or upon return. We strongly recommend that you familiarise yourself with the advice from your national authority for overseas travel before departing. You agree to notify us if you test positive for COVID-19, if you consider that you may have COVID-19 symptoms or if you become aware that you may have come into close contact with someone who has tested positive for COVID-19 or who may have COVID-19 symptoms, in each case prior to commencing your trip with us, and/or if you test positive for COVID-19 within 14 days of the end of your trip with us. We may share this information with the relevant travel suppliers for your booking in accordance with the terms of our privacy policy. If you notify us before travelling and we (or the relevant travel suppliers) conclude that you are no longer able to travel because of the COVID-19 risks, then your booking will be treated as having been cancelled by you and our standard cancellation charges will apply. We will, however, explore with you whether it is possible for you to postpone your booking to a later date, which may incur further charges. It might also be possible for you to transfer your booking to another person, subject to the terms of transfer set out in these Conditions. If you notify us during travel, you acknowledge that we or your travel suppliers (or local laws and regulations) may require you to follow certain measures designed to manage the risk of COVID-19 and may refuse to provide you with the relevant service(s). You may, for instance, be required to self-isolate for a period of time. You agree to comply with these requirements. In this instance, we will provide you with such reasonable assistance as we are able to in the circumstances. However, we will not be responsible for meeting any costs incurred by you or for refunding or compensating you for the curtailment of your holiday, cancelled or rebooked transportation, additional accommodation or other associated costs you incur in connection with the same. We both agree that the measures set out above are a necessary part of keeping you, other travellers, employees and the public safe. You are making your booking in full knowledge that such measures are likely to form part of your trip and do not amount to Major Changes or other changes to your booking, nor do they amount to any Failure. We shall have no liability to you for any refunds, compensation, losses, costs, expenses or damages you incur in connection with the matters described above or if you are unable to travel or make use of all or part of your booking because of these matters. These are risks which you must protect through obtaining comprehensive travel insurance. 13. Locally Booked Excursions and other Third Party Services It may be possible for you to book a local excursion or other third party services during your trip, such as a local tour, experience, concert, activity, sports, adventure experience or any other service or facility which your train, cruise or any other supplier agrees to provide for you which do not form part of your booking or were not advertised in our brochure or on our website. For example, any excursion you book (other than with us) or you ask us to book on your behalf before or while on the trip, any service or facility which your train, cruise 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 (collectively, in these Conditions, we shall refer to these as “Locally Booked Excursion(s)”). These Locally Booked Excursion(s) will be bookable and payable by you locally or via us (if we are instructed by you to act as an agent on your behalf). You will be entering into a contract directly with the provider of the Locally Booked Excursion, not us, and the Locally Booked Excursion shall not form a part of your booking or any contract with us. The Locally Booked Excursions will be provided by third parties over whom we have no control or relationship with. We do not have any responsibility for their provision, nor do we accept any liability if you suffer loss or damage whilst on a Locally Booked Excursion or any other service or facility which your train, cruise or any other supplier agrees to provide to you. We shall not be held responsible to reimburse any expenses, costs and charges imposed upon you by the provider of the Locally Booked Excursion under their contract with you. If you cancel your Locally Booked Excursion with the provider of the Locally Booked Excursion, or the Locally Booked Excursion is cancelled because your booking has been cancelled, you shall reimburse us for any deposits, cancellation costs or other expenses we incur in respect of booking such services on your behalf. To the extent that we hold funds on your behalf which would otherwise be returnable to you, we shall be permitted to use these funds to meet these charges and expenses. 14. 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, PR 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. 15. Assignment of claims In the event that you or any other individual on behalf of whom you have made a booking has a direct legal claim against a supplier, in connection with a Booking, for a refund, compensation or other loss or damage, and we agree to pay such sum to you (whether as a result of a concurrent legal obligation which we have to you or otherwise), you agree that upon such payment being made you shall assign your rights, title, interest, and benefit in and to such legal claims to us upon our request. 16. 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, 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 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:
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. Your insurance should also include cover against COVID-19 and other health related incidents which may affect or curtail your booking. It is a condition of your booking that you have such suitable insurance cover in place. 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. 17. Brexit Event and Your Booking With Us On 31 January 2020, the United Kingdom withdrew from the European Union (“EU”) pursuant to Article 50 of the Treaty on European Union, otherwise known as ”Brexit” and entered into a transition period. On 31 December 2020, the transition period ended. In light of these changes, there is a risk that Brexit may have a substantial adverse impact on our or our suppliers' ability to perform your booking ("Brexit Event"). For instance, it may be that the airline operating the flight element of your booking will not be able to operate the flight because of the loss or restriction of air traffic or transit rights or the right of the airline to enter any airspace. Or, it may be that one of our Carriers will no longer able to travel into a particular region within the EU. For our customers who have yet to depart, our obligations to you under your booking are conditional upon there not being a Brexit Event. If, in our reasonable opinion, a Brexit Event has occurred, we will inform you as soon as possible in writing, upon which we will both be relieved of any further obligations in relation to the booking. If this happens, we will return to you any payments you have made in respect of your booking, which shall be the full extent of our obligations to you. We will not compensate you for a Brexit Event. For our customers who have already departed, clause 11 will apply in relation to any Brexit Events concerning your booking. 18. Prohibited Individuals If you (or any other individual included in your booking) is or becomes at any time a Specially Designated National or Blocked Person (as defined below) or is otherwise identified by a governmental authority, having jurisdiction over properties owned and/or operated by the Belmond Group as a person with whom the Belmond Group is prohibited from transacting business with, we shall have the right to cancel your booking without incurring any liability to you (or any other individual included in your booking). “Specially Designated National or Blocked Person” means (a) persons designated by the U.S. Department of Treasury’s Office of Foreign Assets Control from time to time as a “specially designated national or blocked person” or similar status; or (b) a person described in Clause 1 of U.S. Executive Order 13224 issued on September 23, 2001 or any similar Executive Orders subsequent thereto; or (c) persons included on any economic sanctions list(s) of the EU and/or any EU Member State, or which is otherwise specifically targeted by US or EU or EU Member State economic sanctions and/or restrictive measures. 19. Entire Agreement This contract sets out the entire agreement and understanding between the parties in connection with your booking and supersedes any prior representations, agreements, conditions, negotiations and undertakings whether made orally or in writing. The marks/logos of Belmond, VSOE, Venice Simplon-Orient-Express, Belmond Afloat in France, Eastern & Oriental Express, Belmond Road to Mandalay and Belmond Royal Scotsman shown in this website have been registered in various countries. © 2021 Venice Simplon-Orient-Express Limited whose registered and head office is at 4B Victoria House, Bloomsbury Square, London WC1B 4DA 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 (price available on request). 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. 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 otherwise indicated, 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. 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 https://ec.europa.eu/transport/sites/transport/files/air-safety-list_en.pdf 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. 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. Please visit the website of your national authority for overseas travel. 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. You 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. 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 prior to departure. Please take your confirmation of booking with you on departure. YOUR PROTECTION: Some of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed in this brochure/on this website. This brochure / website shows you the protection that applies in the case of each holiday and travel service offered before you make your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.caa.co.uk 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 0044 1438 345714 or 00 44 1438 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 these Conditions or otherwise) shall not be increased as a result of your choice to travel without adequate insurance cover. ADVANCE PASSENGER INFORMATION: A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves. The data will be collected either at the airport when you check in or in some circumstances when, or after, you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. These requirements may be broadened to apply to international train travel. We will notify you at the time of booking if we need to collect any information to pass to rail companies or Authorities. Where we collect this data, we will treat it in accordance with our Privacy Policy 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.
If you have booked Package Travel then an insurance policy has been arranged by the relevant Policyholder (as described in the table below) at their expense in the event of their insolvency. The person(s) named on the booking confirmation and Deposit Receipt will be reimbursed subject to Policy and Conditions in respect of their net ascertained financial loss sustained arising from cancellation or curtailment of their travel arrangements that constitute a Package Holiday due to the insolvency of the Policyholder. The Insurer (see the table below) will reimburse the Insured Person(s) (i.e. the EEA Customers or UK Customers) in respect of: 1. Loss of deposit(s) or charge(s) paid in advance by the Insured Person(s) to the Policyholder or 2. Additional costs reasonably and necessarily incurred following curtailment of the travel arrangements to enable the Insured Person(s) to either: a. Continue with and complete the Scheduled Travel Arrangements. Liability hereunder is limited to the additional cost incurred by the Insured Person(s) in securing accommodation of the same or similar standard as enjoyed prior to the curtailment of the travel arrangements. and b. Return to their original contracted country of departure. Liability hereunder limited to the additional cost incurred by the Insured Person(s) in respect of the same or similar standard of transportation as enjoyed prior to the curtailment of the travel arrangements.
HOW TO MAKE A CLAIM – ONLY IN RESPECT OF INSOLVENCY OF THE POLICYHOLDER Things you must do
You must comply with the following conditions. If you fail to do so, the Insurer may not pay your claim, or any payment could be reduced.
1. You must notify IPP as soon as practically possible using the details below:
You must give full details of what has happened, quoting the name of the Policyholder and the relevant Reference Number above. 2. You must provide IPP with any other information it may require. 3. You must take all reasonable care to limit any loss.
Defence of claims The Insurer may, at its discretion: • take full responsibility for conducting, defending, or settling any claim in your name; and • take any action it considers necessary to enforce your rights or its rights under this insurance.
Fraudulent claims 1. If you make a fraudulent claim under this insurance, the Insurer: (a) is not liable to pay the claim; and (b) may recover from you any sums paid by the Insurer to you in respect of the claim; and (c) may by notice to you treat this insurance as having been terminated with effect from the time of the fraudulent act. 2. If the Insurer exercises its right under clause 1. (c) above: (a) The Insurer shall not be liable to you in respect of a relevant event occurring after the time of the fraudulent act. A relevant event is whatever gives rise to the Insurer’s liability under this insurance (such as the occurrence of a loss, the making of a claim, or the notification of a potential claim); and (b) the Insurer need not return any of the premiums paid.
HOW TO MAKE A COMPLAINT For UK Customers and EEA Customers:
Please quote your policy and/or claim number. If after making a complaint you are still not satisfied you may be entitled to refer the dispute to an independent organisation. This will depend on where you are based, please see below.
For Policyholders and Insured Persons based in the UK The Financial Ombudsman Service
The Financial Ombudsman Service is a free and impartial service, who may be contacted at: Exchange Tower, Harbour Exchange, London, E14 9SR Tel: 0800 023 4567 Website: www.financial-ombudsman.org.uk To confirm whether you are eligible to ask the Financial Ombudsman Service to review your complaint find out more at www.financial-ombudsman.org.uk
For Policyholders and Insured Persons based in the EU ODR Complaints Service
If you were sold this product online or by other electronic means and within the European Union (EU) you may refer your complaint to the EU Online dispute Resolution (ODR) platform. Upon receipt of your complaint the ODR will escalate your complaint to your local dispute resolution service – this process is free and conducted entirely online. You can access the ODR platform on http://ec.europa.eu/od
For Policyholders and Insured Persons based in Switzerland The Swiss Ombudsman of Insurance, who may be contacted at:
Ombudsman of Private Insurance and of Suva Postfach 1063, CH-8024 Zurich, Switzerland Tel: 044 211 30 90 Website: www.ombudsman-assurance.ch To confirm whether you are eligible to ask The Swiss Ombudsman of Insurance to review your complaint find out more at www.ombudsman-assurance.ch
Alternatively, as Liberty Mutual Insurance Europe SE is a Luxembourg insurance company, all Insured Persons and Policyholders are also entitled to refer the dispute to any of the following dispute resolution bodies in Luxembourg:
Commissariat aux Assurances, who may be contacted at:
7, boulevard Joseph II, L-1840 Luxembourg Tel: (+352) 22 69 11 – 1 Email: caa@caa.lu - www.caa.lu or Service national du Médiateur de la consommation (this is for individual consumers only), who may be contacted at: Ancien Hôtel de la Monnaie, 6, rue du Palais de Justice, L-1841 Luxembourg Tel: (+352) 46 13 11 Email: info@mediateurconsommation.lu - www.mediateurconsommation.lu or Médiateur en Assurances, who may be contacted at: ACA, 12, rue Erasme, L-1468 Luxembourg Tel: (+352) 44 21 44 1 Email: mediateur@aca.lu Website: https://www.ulc.lu/fr/organes/detail.asp?T=2&D=descr&ID=6
Data Protection Any information you have provided will be dealt with by the Insurer in compliance with the provisions of the Data Protection Act 1998. For the purposes of providing this insurance and the handling of any claims or complaints, IPP may need to transfer certain information which you have provided to other parties.
Sanctions The Insurer will not provide any benefit under this insurance to the extent of providing cover, payment of any claim or the provision of any benefit where doing so would breach any sanction, prohibition or restriction imposed by law or regulation.
Non-Assignment No title right or interest under this policy may be assigned, transferred, conveyed, or otherwise disposed of without the Insurer’s consent in writing. Any attempt to assign rights of interest without the Insurer’s written consent is null and void.
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