Terms and Conditions (World Excluding European Economic Area)
Last Updated 1 July 2018
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:
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:
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 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, after Departure (as defined in clause 9 above), 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.
In the unlikely event that you do have a problem during your trip, please inform the Train/Cruise manager immediately who will endeavour to put things right and if you suffer any loss or damage to your luggage please inform us or the relevant Carrier within 72 hours. If your complaint is not resolved locally and you wish to complain further, please send formal written notice of your complaint to us at Customer Services, Venice Simplon-Orient-Express Ltd, 1st Floor, Shackleton House, 4 Battle Bridge Lane, London SE1 2HP, within 28 days of the end of your trip, giving your booking reference and all other relevant information. Failure to do so will affect our ability to investigate your complaint, and could affect your rights under these Conditions.
11. Our Responsibilities and Limitations on Our Liability
(1) Where we (or E&O, MHCL, CO, ILRT, 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 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 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' shall be deemed to be included by relevant reference into our contract with you.
In any circumstances in which a Carrier is liable to you by virtue of the Denied Boarding Regulations 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under those Regulations as if (for this purpose only) we were a Carrier.
When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from a transport provider or hotelier for the complaint or claim in question.
It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out at clause 10 in these Conditions.
Where any payment is made, the person(s) receiving it (and their parent or legal guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide us and our insurers with all assistance we may reasonably require.
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you (by way of non-exhaustive examples, if you fail to notify us of a food allergy or medical condition or incur any business losses).
We will not accept responsibility for services or facilities which do not form part of our agreement with you or where they are not advertised in our brochure or on our website. For example, any excursion you book (other than with us) while on the trip, any service or facility which your hotel or any other supplier agrees to provide for you, any doctor, dentist or other medical attendant called to attend to you during the trip and any services, products or transportation not provided by us.
12. 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, ILRT, 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.
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 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. 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 behavior 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, jewelry, 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:
|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) amending)|
|56 days or more||15%||One free, then 10%|
|2 days or less prior to departure||100%||100%|
- Venice Simplon-Orient-Express, Eastern & Oriental Express and Belmond Grand Hibernian – 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;
- Belmond Royal Scotsman – one suitable piece of hand luggage and one suitcase (suitcase to be stored in the cabin);
- Belmond British Pullman UK Day trips; Belmond Hiram Bingham, Perurail VistaDome, Perurail Expedition and Perurail Sacred Valley day trips – one suitable piece of hand luggage;
- Belmond Road to Mandalay, Belmond Afloat in France, Belmond Andean Explorer, Perurail Titicaca – one suitable piece of hand luggage and two suitcases (suitcases to be stored in the cabin).