These booking conditions apply to clients booking in Australia.  Please see your booking agent for terms and conditions applicable to your individual booking.

Your contract is with Riviera Tours Limited, a member of ABTA, ATOL & IATA

These booking conditions set out the terms of your contract with Riviera Tours Limited trading as Riviera Travel (Riviera). Please read them carefully as you will be bound by them. References to “you” and “your” and “passenger(s)” means all persons named on the booking (Booking Party) (including those added at a later date) “We”, “us”, “our” means Riviera. For cruises, we will be the contracting carrier.

• For our Flexible Booking Conditions please click here

1. Making your booking

Subject to availability, we will confirm your holiday by issuing a confirmation invoice to the party leader who confirms they have authority on behalf of the Booking Party including minors (under the age of 18) and are responsible for obtaining and providing all information and payments required by us in accordance with these booking conditions.

Please check your documents carefully and contact us immediately if any information on any document is incorrect. We cannot accept any liability if we are not notified of any inaccuracies in any document within 10 days of our sending it out (5 days for tickets). You may contact us by e-mail at [email protected] or call us on 1300 857 437.

2. Payment

The relevant deposit and insurance premium (if purchased) must be paid to confirm your booking. The balance of the holiday cost is due 101 days prior to the departure. If full payment is not made on time, we will cancel your booking and keep all payments paid at that date and levy the cancellation charges shown in clause 7. If booking within 101 days of departure, full payment must be made at the time of booking.

3. Your contract

A binding contract comes into existence when we issue the confirmation invoice.

4. The cost of your holiday

Please note, advertised prices may have changed by the time you book your holiday and errors occationally occur. You must check the price of your chosen holiday at the time of booking. We reserve the right to change prices and correct errors in advertised prices at any time before and after your holiday is confirmed. Subject to the correction of errors or amendment cists, once your booking is confirmed we guarantee the price will not change.

5. Special requests

Special requests, must be advised at the time of booking. Unless specifically confirmed by us in writing, all special requests are subject to availability. Any special requirement which we have accepted will be specifically confirmed as accepted on your confirmation invoice.

6. Changes by you

Any amendments we agree after issue of the confirmation invoice will cost $30 per person plus any costs incurred by us and or charged by our suppliers. A change of holiday dates is a cancellation of   the original booking and the cancellation charges in clause 7 apply. Name changes are allowed 2 weeks or more prior to travel if you are prevented from travelling. All costs must be paid before the amendment can be effected.

7. Cancellation by you

You can cancel your holiday at any time by writing (letter or email) to us at our offices. Cancellation will be effective when received by us. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as set out below. Where a percentage is shown, this is a percentage of the total cost of your holiday.

All River Cruises

More than 101 days before embarkation - Loss of deposit.

Within 100 - 61 and days before embarkation - 50% of booking cost will be lost

Within 60 and 31 days before embarkation - 70% of booking cost will be lost

Within 30 and 16 days before embarkation - 90% of booking cost will be lost

Within 15 days before embarkation - 100% of booking cost will be lost

Airlines and hotels, and other suppliers of travel services have their own changes and cancellation penalties. For example, change or cancellation of flights and other transport costs can result in 100% cancellation charges irrespective of the date of cancellation. A single person supplement will be payable if a cabin or hotel room is occupied by only one person except where 100% cancellation charges have been paid by the person cancelling. Your decision not to take all or part of the trip due to ‘Government’ or ‘Official’ warnings or advisories, fear of travel, or any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from using the trip on the trip start date and time, you will be considered a no-show, and we cannot provide a full or partial refund or credit toward a future trip.

Cancellation of the booking must be requested in writing (letter or email) to us which will be effective when received by us. Where the cancellation charge below is shown as a percentage, this is the holiday cost. Insurance premiums and amendment charges are not included in the holiday cost below and are not refundable.

8. Insurance

It is a requirement of booking that you have valid and appropriate travel insurance for the full duration of your trip.

9. Changes or cancellations by us

We plan holidays many months in advance. Occasionally for reasons of force majeure or other circumstances beyond our control it is necessary to make alterations to the arrangements. We reserve the right to alter itineraries, accommodation or other arrangements at any time. Additionally, we reserve the right to cancel your holiday where the number of booked passengers is 35 or below.

Significant changes to your booking before departure include; change of accommodation to a lower official classification or a change of outward departure time of 12 or more hours. We will tell you as soon as possible of any significant alteration. If there is time before departure, we will offer you the choice of the following:

(a) accepting the changes, (b) purchasing an alternative holiday offered by us of similar standard to that originally booked, if available or (c) cancelling the booking for full refund of all monies you have paid to us.

We will, where appropriate, pay you compensation set out in the table below. Compensation will not be payable where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached.  When we have to cancel or significantly change your holiday, we cannot accept liability for the cost or cancellation of any unused service (such as, but not limited to, flights, hotels, rail travel and car parking) which does not form part of the arrangements contracted with us.

No compensation is payable for minor changes. This includes a change to a similar ship, flight or Eurostar departure time of less than 12 hours, accommodation to that of a similar standard, airline (except as specified in clause 19 “Flights”), London airport to another London airport, type of aircraft (if advised) or destination airport.

Period before departure a significant change or cancellation is notified to you  

Compensation per person

More than 56 days Nil
56 - 15 days £10
14 days or less £25

Please also see clause 20.

If there is a significant alteration of the holiday after departure, we will make suitable alternative arrangements at no extra cost to you for the continuation of the holiday. If you do not accept these for good reason or it is impossible to make suitable alternative arrangements, we will where possible return you to the place of departure or to another place to which you have agreed with us. Compensation will not be payable if the alteration is minor or if due to an event of force majeure or is not our fault. We cannot guarantee that cruises will call at every port on the itinerary. Cancellation of part of the itinerary, substitution of ports or unavailability of some services will not amount to a significant alteration.

10. Force majeure

We cannot accept liability or pay any compensation where the performance of our obligations are prevented or affected, as a result of force majeure. Force majeure includes any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events will usually include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, fire, closure, restriction or congestion of airspace, airports and ports and all other events outside our control or the UK Foreign Office advice.

11. Our liability to you

(1) Subject to clauses 11(6), 11(7) and 11(8), we promise to make sure that the holiday arrangements we have agreed to provide as part of our contract with you are performed with reasonable skill and care.

(2) We are not responsible for any failure in performance which is wholly attributable to your fault or the unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service to be provided under the contract or by force majeure.

(3) We are not responsible for any services which do not form part of our contract with you.

(4) The services we have agreed to provide or arrange as part of our contract will be subject to the laws and applicable standards of the country in which they are provided.

(5) Subject to clauses 11(6) and 11(7), where we are found liable to you for loss of, delay and/or damage to property (including money), the maximum amount we will have to pay you is £1,000 per person. For all other claims excluding property and or death or personal injury, the maximum amount we will pay is twice the holiday price (excluding insurance premiums, amendment/cancellation charges and any service charge paid by you).

(6) Our liability to you will never exceed that of any transport carrier or supplier and we shall have the benefit of all and any applicable international conventions, rules and regulations. In respect of carriage by air the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air and COTIF, the Convention on International Travel by Rail). Copies of the applicable international conventions and EU regulations are available from us on request.

(7) Where carriage is performed on inland waterways the liability of the carrier to all passengers shall be determined in accordance with the Convention on Limitation of Liability for Maritime Claims. The limit for claims involving death or personal injury is 175,000 SDR per passenger per carriage. The Strasbourg Convention as amended applies to vessels navigating on waterways located in the territory of a state party which limits passenger claims involving death or personal injury to 60,000 SDR per person subject to a maximum of 6,000,000 SDR.

(8) In the event of international carriage by sea the provisions of EC Regulation 392/2009 on the liability of carriers of passengers in the event of accidents (“Regulation“) will apply. The Regulation limits the liability of the carrier in respect of passengers and their luggage in the event of accidents. A summary of the Regulation may be found at http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=URISERV:tr0018&from=EN. This applies strict liability for shipping incidents as defined and requires compulsory insurance.

The Regulation limits the maximum amount we may have to pay if found liable in the event of death or personal injury occurring during the course of carriage to a maximum of 400,000 SDR or in the event of terrorism 250,000 SDR.  Damages can be reduced for any contributory negligence of the passenger.

The maximum amount payable for loss or damage to luggage is 2,250 SDR subject to a deductible of 149 SDR per person. There is no liability for money or valuables except when deposited with the ship in which case the liability is limited to 3,375 SDR. Provision of safes in cabins is not a deposit with the ship whether a charge is levied or not.

The daily conversion rates for Special Drawing Rights (SDRs) can be found on the International Monetary Fund website at www.imf.org .

(9) We will not be liable for consequential losses including loss of profits.

12. Complaints and problems

All complaints and any problems must be made at the time in resort and confirmed in writing. If you remain dissatisfied you must write to us within 28 days of your return home with booking reference and full details of your complaint.

In respect of cruises which commence in the EU complaints pursuant to EU Regulation 1177/2010 must be sent to us as soon as possible. We will respond within 28 days. If you are not happy with our final decision you can refer your complaint to the Cruise Line International Association which is the voluntary complaints body authorised by the Department of Transport to deal with complaints at [email protected].

13. Arbitration

We are a Member of ABTA, membership number V4744. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

Disputes arising out of, or in connection with your booking which cannot be amicably settled may be referred to arbitration under a special independent scheme arranged by ABTA which provides for a simple arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or obtained from www.abta.com. Your application for arbitration and other required documents must be received by ABTA within 18 months of your return from the holiday. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this.

You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

14. Behaviour and damage

You are responsible for any damage or loss caused by you. Full payment for any such damage or loss must be made on demand as soon as possible. If in our or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled to terminate the holiday of the person(s) concerned and or require you to leave the accommodation or other service. We will have no further responsibility to you. No refunds will be made. You must not solicit other persons for commercial purposes or advertise goods or services without our prior written permission.

15. Conditions of suppliers.

You are bound by the terms and conditions and conditions of carriage of our suppliers and independent contractors which we incorporate into these booking conditions which may limit or exclude liability to you. Copies are available on request or online on www.rivieratravel.co.uk/conditionsofsuppliers.

16.Passports, visas and health requirements

For guidance we have details on our website of general passport and visa requirements applicable to our holidays, together with details of any compulsory health requirements. It is, however, your responsibility to ensure you have and comply with passport and visa requirements, and you are aware of all recommended vaccinations and health precautions. We cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to comply with these requirements.

17. Foreign Office advice

The Foreign, Commonwealth and Development Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice which we recommend you consult before booking and in good time before departure.

18. Financial security and ABTA membership

We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 3430). When you buy an ATOL protected flight or flight inclusive holiday* from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit, you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

*The flights and flight- inclusive holidays we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at www.atol.org.uk.

We are a member of ABTA (ABTA number V4744). If your holiday does not include flights, ABTA will financially protect your holiday by ensuring you receive a refund or, if your arrangements include return travel to the UK (other than flights) you are returned to the UK in the event that your holiday cannot be provided as a result of our insolvency. Please go to www.abta.com. For further information about ABTA, the Code of Conduct and the arbitration scheme contact ABTA at 30 Park Street, London, SE1 9EQ www.abta.com.

19. Flights

In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban/search_en . We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier becomes subject to an operating ban as above as a result of which we/the carrier are unable to offer you a suitable alternative the provisions of clause 9 Changes and cancellation by us will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, website and/or on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions and the ability of passengers to check in on time.

Specific instructions relating to departure and travel arrangements will be sent with your travel documents approximately 2 weeks before departure. Please check your tickets very carefully to ensure you have the correct flight times. Flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements.

20. Delay and Denied Boarding Regulations

For cruises which begin in the EU, EU Regulation 1177/2010 applies. Any liability we have for providing accommodation is limited to €80 per passenger for a maximum of 3 nights.

If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. We are not the carrier and have no liability to you under this Regulation. If your airline does not comply with these rules you may use the CAA Passenger Advice and Complaints Service. See www.caa.co.uk

21. Brochure / website / advertising material accuracy

The information contained in our brochure, website and other advertising material is believed correct to the best of our knowledge at the time of publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.

22. Children

For holidays other than cruises, we are unable to accommodate children under 9 years old at the date of departure. For cruises, the minimum age limit is 12 years old at the date of departure. We reserve the right to limit the number of children on any particular cruise. Any minor must be accompanied by and share a cabin with an adult aged 21 or over. If the adult is not the minor’s parent, a “Parental Consent Guardianship Form” must be signed by a parent or legal guardian prior to sailing.

23. Health and safety

You must attend all mandatory safety briefings and drills at the commencement of the holiday and any subsequent briefings or drills required during the holiday by any carrier or supplier.

You must at all times comply with rules and regulations and the orders and directions of carriers and our suppliers and warrant that your conduct will not impair the safety of others.

We, carriers, our suppliers and/or the relevant authorities are entitled to administer a public health questionnaire at any time. You must complete the questionnaire and supply accurate information regarding any symptoms of illness. We may deny boarding to any passenger who has symptoms of any viral or bacterial illness. You must report illness and you may be required to remain in your cabin or hotel room as required by the ship’s captain or the hotel manager. Refusal to comply with any of these procedures may result in your holiday being terminated. We have no liability to you in the event that we cancel or curtail your holiday as referred to in this clause.

In respect of cruises which commence in an EU Member State and where necessary in order to meet applicable international, European and national safety requirements and/or where the design or structure of the ship or port infrastructure and equipment, including port terminals, makes it impossible to carry out the embarkation, disembarkation or carriage of a passenger suffering from a disability of reduced mobility in a safe or operationally feasible manner, we and the carrier are entitled to refuse a booking from the person concerned. Passengers must be fully mobile to travel on any cruise. We cannot provide individual assistance to any passenger for walking, embarking or disembarking or travelling on other forms of transportation. In the event that you require assistance with embarking or disembarking from the ship at the first or last port as a result of your reduced mobility or disability, please advise us at the time of booking but in any event no later than 48 hours before the assistance is required. Some ships may not have elevators. You must check at the time of booking. Some excursions require a good level of physical fitness and do not have vehicles and/or there are restrictions re access. Regulation 1177/2010 may be viewed at http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32010R1177&from=EN and the DFT Guidance at https://www.gov.uk/government/publications/draft-guidance-notes-relating-to-regulation-eu-no-1177-2010.

The carrier, acting via the captain, reserves the right to refuse passage, disembark or confine to a cabin any passenger whose physical or mental condition or behaviour is considered in the sole opinion of the captain to constitute a risk to the passenger’s own well-being or that of any other passenger or crew member. The carrier and the captain reserve the right to disembark any passenger whose behaviour affects the comfort, enjoyment, safety or well-being of other passengers or of any crew.

During passage through locks or under low bridges or in the event of adverse weather conditions, it may be necessary to close the sundeck to passengers. Sundeck closures are rigidly enforced in the interests of safety. Ships may be required to moor alongside one another in some ports. This may result in your view being blocked. It may also result in your having to cross other ships in order to go ashore.

While we take reasonable steps to minimise noise and vibrations on the cruise ships, you acknowledge and accept that some noise and vibration may be experienced on vessels and that we will not be liable to you in relation to such noise and vibration.

24. Food allergies

If you have any food allergies which may cause significant health issues, you must report this in writing at the time of booking or as soon as convenient. It is your responsibility to ensure that you actively avoid any food you are allergic to and make all appropriate enquiries to establish the ingredients of any food. The supplier is not under any obligation to prepare or provide special meals.

25. Smoking

Passengers must observe the non-smoking policy on board the ships, hotels and other transport provided. If smoke is detected in any accommodation, a cleaning fee of £165.00 per occurrence will be billed to the passenger's account. Smoking restrictions include e-cigarette smoking. If there is violation of the non-smoking policy, then passengers may be disembarked from the ship or asked to leave the hotel without refund.

26. Indemnity

You must indemnify us and the carrier for all penalties, fines, charges, losses or expenses incurred or imposed upon us, the carrier or our suppliers by virtue of an act or violation of law by you and or any breach of these terms and conditions or any carrier’s or suppliers terms and conditions of conditions of carriage.

27. Pregnancy

The river cruise ships, yachts and Star Clipper ships do not have doctors or facilities to deliver babies or provide-natal treatment. We recommend that women who are less than 12 weeks pregnant seek medical advice prior to travel.

For safety reasons women past their 24th week of pregnancy at any stage of the cruise cannot be carried on board. Airlines also have restrictions.

Pregnant women are required to produce a fitness to travel certificate based on the proposed holiday itinerary and transport provider’s requirements. The carrier expressly reserves the right to refuse passage to board to any passenger who appears to be in an advanced state of pregnancy and the carrier shall have no liability whatsoever in respect of either such refusal and/or the carriage.

28. Medical facilities/treatment on board and ashore

There are no doctors on board any of the river cruise ships, yachts and Star Clipper ships in our programme. Should you require medical attention during your holiday then local medical services can be contacted for emergency treatment. The cost of such treatment is your sole responsibility. We are not be liable for any aspect of medical treatment provided to you ashore or in resort.

If you have any medical condition which may need treatment during a cruise, this must be disclosed at the time of booking in order for a risk assessment to be undertaken as to whether you can be safely carried. You may be asked to provide medical evidence for this purpose. Carriage is dependent on the nature and extent of the medical condition, the itinerary and length of cruise.

In relation to other holidays please notify us in writing of any medical or reduced mobility needs at the resort or on transport provided by us. This includes adapted hotel rooms and assistance at airports.

In relation to your own medical equipment, there are limited storage facilities on board ships and in hotels. You must check prior to booking if the equipment is allowed on board aircraft, ships or hotels. Scooters cannot be carried on board ships due to space limitations and reasons of safety.

29. Disability/wheelchairs/service animals

During our holidays, we visit many historical sites and often enjoy walking tours of various places of interest. Some holidays, therefore, may not be suitable for clients of impaired mobility.

Our priority is always the comfort and safety of passengers as well as complying with the strict legal requirements relating to safety of life at sea and inland waterways. In order to achieve these objectives, passengers with reduced mobility or disability or who need assistance dogs should at the time of booking provide as much detail as possible of the matters set out on our website at https://www.rivieratravel.com.au/about/faqs/european-river-cruise. Passengers may be required to be accompanied or may be refused carriage. You warrant that you have considered the INFORMATION TO PASSENGERS FOR REDUCED MOBILITY AND DISABILITIES and that you have made all relevant notifications to us.

Please be aware that there are no wheelchair accessible cabins on any of the river cruise ships, yachts and Star Clipper ships used on our cruises. Disabled rooms in hotels are limited in number and so must be prebooked and subject to availability.

30. Security

Weapons, ammunition, explosives, substances that are hazardous, disabling, or illegal, or any other article that in the sole opinion of the captain may be considered dangerous, are strictly prohibited aboard the ship or carried on any form of transport or hotels.

You consent to a reasonable search being made of your person, property, cabin, hotel room and to the removal and confiscation or destruction of any object which may, in our opinion or that of any carrier or supplier will impair the safety of others or of property or be illegal or inconvenience others.

31. Assistance while away

In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.

32. Data Protection

Personal data relating to individuals shall be collected, processed, stored and used securely and in accordance with relevant data protection laws. You consent to the collection, processing, storing and use of your personal data to enable us to perform the holiday. This may include providing your details to Governments, immigration, port state control, police, flag state and other competent authorities and / or as may be required by law. In the case of emergencies you consent to our providing personal data to doctors, next of kin, our insurers and advisors and your medical insurers. Personal Data shall only be kept for as long as is necessary or required by law.

33. Law and Jurisdiction

Save as provided by law and subject to the provisions of the Regulation all claims must be brought in the English courts which shall have exclusive jurisdiction and shall be subject to English law.