Europe Cruising - Last Cabins 2017 & Preview 2018 by EvergreenTours

More catalogs by EvergreenTours | Europe Cruising - Last Cabins 2017 & Preview 2018 | 84 pages | 2017-02-06

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Page 82 of Europe Cruising - Last Cabins 2017 & Preview 2018

1 contract 1.1 these terms and conditions “conditions” form the basis of the contract between you and scenic pty limited “evergreen” “we” “us” or “our” “contract” it is important that you read the contract carefully to ensure that you understand your rights and obligations your contract may also include additional terms and conditions applicable to a special offer or promotion 1.2 you confirm your understanding and acceptance of the conditions and the contract by paying your booking deposit or otherwise paying any part of the price of your tour/journey 1.3 if you make a booking on behalf of any other person you represent to us that you have their authority to make the booking on their behalf and to legally bind them to the terms of the contract including the conditions each reference to “you” “your” “guest” or “passenger” means the person who makes the booking and each other person covered by the booking 1.4 your transportation on any river cruise vessel during your tour/journey including a russian french or portuguese river cruise will also be subject to the cruise conditions of the operator of the vessel the operator may be related to us but is a separate legal entity and business the cruise conditions will be provided with your cruising ticket which will be provided to you before your tour/journey you can also obtain a copy of the cruise conditions by contacting our customer service team at the customer service contact address 1.5 your itinerary does not form part of the contract 1.6 we may amend these conditions from time to time if we amend the conditions we will publish the amended version on our website we will also provide the current version of the conditions to you upon request you will be bound by the current version of the conditions at the time you make your booking 2 meaning of words in these conditions the following words and expressions have the following meanings a “booking” means the booking you have made with us for the tour/journey b “booking deposit” means a booking deposit in an amount which we have notified you before you make your booking c “cruise” means a cruise constituting or forming part of your tour/journey d “cruise conditions” means the operator’s conditions of carriage for a river cruise vessel e “cruise director” means any person designated by us as the cruise director for any cruise forming part of your tour/journey f “customer service contact address” means the details for contacting us set out in clause 12.1 of the conditions g “deposit protection plan” means our deposit protection plan as set out on our website h “force majeure event” means any act of god war terrorism fire flood or any other extreme weather conditions loss of power epidemics or pandemics industrial disputes slow-downs or other strike activities riots or civil disturbances acts of government semi government or other authorities inability to obtain any necessary licence or consent and delays caused by sub-contractors suppliers or other third parties including telecommunications carriers material shortages or other disruption to the tour/journey beyond our control i “itinerary” means the itinerary for your tour/journey issued by us subject to any amendments made by us from time to time in accordance with the contract j “operator” means the owner or operator of a river cruise vessel k “personal information” means information about you and any other person for whom you make a booking including your name address phone number and other contact details details of your next of kin your passport number credit or debit card details and information about your health medical needs dietary requirements and any disabilities or other special requirements l “service provider” means any independent contractor engaged by us to provide a tour/journey or any part of a tour/journey and includes an operator m “tour/journey” means to the tour/journey package you have booked with us as outlined in your itinerary n “tour/journey brochure” means the brochure for your tour/journey published by us and includes any amendments notified on our website from time to time o “tour/journey departure date” means the scheduled departure date for the tour/journey set out in your itinerary p “tour/journey director” means any person designated by us as the tour journey director for your tour/journey q “tour/journey price” means the total amount payable by you for the tour journey it includes the booking deposit r “validity period” means 1 march 2018 to 31 december 2018 s “website” means evergreen’s website at evergreentours.com.au 3 booking and payment 3.1 you may make a booking directly with us or through a travel agent your booking will be confirmed only when we have received a your booking deposit or b if your booking is made 90 days or less before the tour/journey departure date the tour/journey price and all other amounts payable under the contract 3.2 except as indicated in clause 3.8 we will notify you of the tour/journey price and provide you with your itinerary at the time of making your booking 3.3 you must pay your booking deposit within 5 days after making your booking if we do not receive your booking deposit within 5 days after you make your booking we will automatically cancel your booking without further notice to you 3.4 if you have made your booking through a travel agent your travel agent should forward your booking deposit or tour/journey price to us on your behalf however payments by you to your travel agent are not considered to be payments by you to us we will consider payment has been received by us only when we receive payment from your travel agent 3.5 any accommodation sightseeing or flights we book for you separately to those stated in your itinerary are not included in the booking deposit or tour/journey price and you must pay both the deposit and full costs for such additional services separately to the booking deposit and tour/journey price at the time which we notify you at or before you make your booking any requests for such additional services will not be processed until your booking deposit is paid in full 3.6 for some special offers we may require payment of a further deposit before the balance of the tour/journey price is due we will notify you of any such requirement before you complete your booking and will confirm the payment details when we confirm your booking you must make payment by the date notified by us 3.7 except as required by law or in accordance with the deposit protection plan booking deposits are not refundable and are not transferable to other tour journeys or bookings 3.8 if you make your booking within 120 days of your tour/journey departure date you must pay your booking deposit before we can process your booking and confirm your tour/journey price your booking is not confirmed until you have paid the tour/journey price we will notify you of the tour/journey price promptly after we have calculated it if you do not confirm your acceptance of the tour journey price in writing within 7 days of receipt of notification from us you will be deemed to have rejected the tour/journey price if you notify us that you have rejected the tour/journey price or if you are deemed to have rejected the tour journey price we will cancel your booking and refund your booking deposit if you accept the tour/journey price you must pay the outstanding tour/journey price within 24 hours of us notifying you of the tour/journey price or we will cancel your booking and retain your booking deposit 3.9 if clause 3.8 does not apply you must pay to us the balance of the tour/journey price and all other amounts payable under the contract no later than 90 days before the tour/journey departure date 3.10 if you wish to change any incidental component of your booking such as any pre or post-tour/journey accommodation or add-ons you must contact us we may accept or reject your request at our absolute discretion and if we accept you must pay a change fee to us in for each change accordance with clause 4.7b and any additional costs resulting from the change additional costs may include additional overnight accommodation required as a result of any change to your flights 3.11 you may cancel a booking by sending us written notice of cancellation at the customer service contact address if you cancel a booking you will be liable to 80 pay a cancellation fee in accordance with clause 4.8 3.12 a name change for a guest or a change to the tour/journey departure date is considered a cancellation of the original booking 4 prices inclusions and fees 4.1 all tour/journey prices are quoted in australian dollars 4.2 if you pay us by credit card the following surcharges will be added credit card surcharge on deposit visa mastercard american express 0 0 3 surcharge on tour price or other fees and charges 1 1 3 there is no surcharge for payments made by cash cheque or direct transfer to our nominated bank account 4.3 your tour/journey price includes all coach and cruise travel the services of a cruise director if applicable and/or tour/journey director airport transfers outside australia meals as specified in your itinerary internal flights as specified in your itinerary accommodation sightseeing and admissions where stated port charges all gratuities and tipping on land tour/journeys and river cruises operated by us and any other specific inclusions identified in your itinerary 4.4 unless expressly listed in your itinerary as an inclusion your tour/journey price does not include airfares airline taxes gratuities on ocean cruises shore excursions on ocean cruises additional optional activities accommodation upgrades meals not specified in your itinerary drinks laundry passport fees visas vaccinations medical assistance government taxes and charges excluding gst or any items or expenses of a personal nature 4.5 unless stated as an inclusion in your itinerary overnight accommodation required to meet your tour/journey and/or any flight connections are not included in the tour/journey price and will be at your expense 4.6 we reserve the right not to honour any published prices that we determine were erroneous due to printing electronic or clerical error if you make a booking based on erroneous pricing we will offer you the option of cancelling the booking and receiving a refund of any amount paid by you or confirming the booking by paying the difference between the erroneous price and the correct price as determined by us 4.7 the following fees are payable in addition to the tour/journey price a if you book 21 days or less before the tour/journey departure date you must pay a late booking fee of $50.00 per booking b if you change your booking other than by varying the tour/journey departure date you must pay a change fee of $50.00 per booking this fee is on account of administrative expenses incurred by us in changing your tour/journey and is a genuine and reasonable estimate of our expenses 4.8 if you cancel your tour/journey for any reason prior to your tour/journey departure date including by changing your tour/journey departure date or the name of a guest you will be liable for the following cancellation fees days of notice prior to tour commencement 91 days and over 90 to 62 days 61 days or less cancellation fee per person loss of deposit 50 of tour price 100 of tour price you may also be liable to pay cancellation fees to airlines and other third parties 4.9 we may vary your tour/journey price at any time before you have paid the tour/journey price in full to the extent necessary to meet any increase in the tour/journey costs for reasons outside our control including airfares fuel government taxes and charges exchange rate fluctuations or other tour/journey related costs or tariffs we will not vary the tour/journey price after we have received the total tour/journey price from you regardless of any increases in the costs incurred by us we will notify you of any such variation using the guest contact details 4.10 you are responsible for and must pay for all costs and expenses incurred by you as a result of any change made by you to your itinerary after your tour/journey departure date this includes changes due to illness or other personal reasons 5 cancellation delays and changes to your itinerary 5.1 your booking is conditional on us receiving a minimum number of tour/journey or cruise passenger bookings to operate the tour/journey and ensure an enjoyable group atmosphere where sufficient numbers cannot be achieved we may cancel or delay a scheduled tour/journey or tour/journey departure date 5.2 we will endeavour to make any decision to cancel or delay a tour/journey or cruise and to notify you of that decision at least 60 days prior to the scheduled tour/journey departure date 5.3 if we cancel a tour/journey for whatever reason before departure a we will use reasonable endeavours to offer you the closest available tour/journey or cruise departure if the proposed alternative tour/journey or cruise is i cheaper than your original tour/journey price we will refund the difference to you or ii more expensive than your original tour/journey price you must pay the difference to us b if you accept the proposed alternative tour/journey or cruise your itinerary will be amended accordingly and we will give you an updated itinerary c if you do not accept the proposed alternative tour/journey or cruise within 7 days of being notified by us of the alternative we will cancel your booking refund to you all monies paid directly to us and will have no further liability to you and d we are not liable for any third party costs you may incur which we have not booked on your behalf for example airfares or other arrangements booked independently through or paid to a travel agent 5.4 if we delay the departure of a tour/journey for whatever reason for more than 7 days you may terminate this contract and we will provide you with at your option either a a full refund of all amounts paid to us or b a credit towards future tour/journeys with us which will be valid for 24 months from the date you notify us of the termination of this contract 5.5 we will use reasonable endeavours to provide the tour/journey you have booked in accordance with your itinerary however due to the nature of travel it may not always be possible for us to adhere strictly to your itinerary and the operator may need to make alterations to the tour/journey or your itinerary before or after the commencement of the tour/journey where due to circumstances outside of the operators control we are unable to provide the tour/journey in accordance with your itinerary we will use reasonable endeavours to a give you reasonable notice of any alterations but there may be circumstances beyond our control in which alterations will be required with little or no advance notice and b provide or arrange appropriate alternative activities transport and accommodation as required 5.6 the circumstances in which your itinerary or the tour/journey may be altered include a high or low water levels in any river or canal b lock closures unscheduled vessel maintenance or other operational reasons c road river or weather conditions d national or local holidays affecting the closure of public buildings or attractions e force majeure events f emergency events accidents injuries or other incidents involving you or other passengers and g any other event beyond our control 5.7 river cruising guarantee is provided by ace insurance limited a chubb company abn 23 001 642 020 afsl no 239687 of 28 o’connell street sydney new south wales 2000 chubb for full terms and conditions of the policy please refer to www.scenic.com.au/coverage 5.8 alterations to your itinerary or the tour/journey may include a substitution of vessels for part or the whole of a tour/journey b cabin changes on a vessel c d e f g h 5.9 additional embarkations and disembarkations substitution of alternate transportation including the use of motor coaches substitution of hotel accommodation for accommodation on a vessel alterations to arrival and departure times alterations to sightseeing activities and reductions or increases in the time spent at a location if the operator substitute any vessel motor coach or accommodation under this clause 5 they will use reasonable endeavours to provide you with a substitution of equivalent specification or quality but some services and facilities may not be available for all substitute arrangements 5.10 any changes to your itinerary will be notified to you a if prior to your tour/journey departure date by phone email or post using the guest contact details or b if during your tour/journey personally by your cruise director or tour/journey director 5.11 to the maximum extent permitted by law you agree that we are not liable to you for and you release us from any cost claim loss damage or expense whatsoever arising either directly or indirectly in connection with any alteration to your itinerary or substitution carried out in accordance with this clause 5 including without limitation any a claim for distress disappointment or loss of enjoyment arising from the alteration b additional personal expenses incurred by you including for food beverages and personal items or c costs associated with any other travel arrangements affected by the changes including any costs and expenses incurred by you for cancelling or changing those other arrangements or arising from a failure to meet a connection 6 your tour/journey obligations 6.1 for the comfort and safety of you and your fellow passengers and other people you must follow the tour/journey director’s and cruise director’s instructions at all times 6.2 if we the cruise director the tour/journey director or our staff or any service provider consider you are negatively affecting your own health safety or enjoyment or that of other passengers including by refusing to comply with instructions of the tour/journey director or the cruise director we may terminate the contract and withdraw you from the tour/journey with immediate effect if it is reasonably practicable to do so the tour/journey director or cruise director will provide a warning to you and allow you an opportunity to rectify your behaviour before we withdraw you from the tour/journey 6.3 if you are withdrawn from the tour/journey under clause 6.2 you must make your own travel and other arrangements at your own expense and we are not liable to you for any loss cost or damage you may suffer or incur 6.4 you must have a valid passport with an expiry date of at least six 6 months after the last scheduled day of your tour/journey 6.5 you must ensure that you obtain prior to the tour/journey departure date all required entry visas for all countries to be visited during the tour/journey as failure to obtain correct documentation may affect your participation in certain shore excursions and entry to certain countries during the tour/journey 6.6 if you do not have the correct visa or other documentation necessary to enter a country or participate in any aspect of a tour/journey “documentation” a we will not refund to you all or any portion of the tour/journey price and b you will be responsible for any costs you incur as a result of your failure to obtain the required documentation including any costs associated with re-joining the tour/journey 6.7 if you are unhappy with something that does or does not happen on your tour journey you must first use all reasonable endeavours to negotiate with us in good faith to settle the dispute before commencing proceedings in any court or tribunal in the first instance you should raise your concern with the tour/journey director or the cruise director as soon as reasonably practicable as it may be possible for them to take steps to resolve your concern with minimal delay 7 notification of general risks 7.1 you acknowledge and agree that there are general risks associated with travelling which are beyond our control and we are not liable to you for any loss cost or damage you may incur as a result of these general risks such general risks include a tour/journey variations or interruptions caused by road river or weather conditions national or local holidays affecting the closure of public buildings and attractions force majeure events high water levels low water levels flooding lock closures unscheduled vessel or vehicle maintenance b changes to the tour/journey and your itinerary in the circumstances described in clause 5.6 c forces of nature illness flight schedule changes or cancellations loss of luggage epidemics or pandemics political unrest accidents acts of terrorism or other criminal acts changes to government visa or travel requirements or d other circumstances beyond our control 7.2 you acknowledge and agree that where the tour/journey any part of the tour journey accommodation flights or any other good or service are not directly provided by us but is provided by a service provider in the event of any dispute or claim including for loss damage breach of contract or negligence arising from the conduct of the service provider you must pursue your claim directly against the relevant service provider 7.3 you must make your own enquiries regarding your tour/journey including being aware of any relevant government travel safety warnings 8 liability 8.1 nothing in these conditions or the contract operates to exclude restrict or modify the application of any provision of the competition and consumer act 2010 cth including the australian consumer law or any equivalent state or territory legislation the exercise of a right conferred by such a provision or any of our liability for breach of a guarantee condition or warranty implied by such a provision where it is unlawful to do so all exclusions and limitations of our liability under the contract must be read subject to this clause 8.2 you acknowledge and agree that we accept no responsibility and will not be liable to you or any third party for any loss cost or damage including loss of enjoyment suffered directly or indirectly in connection with a any tour/journey risks or other aspects of the tour/journey disclosed to you in the contract b any change to your itinerary or delays in departure or arrival times of aircraft or otherwise during the conduct of the tour/journey c any loss or damage to your baggage or belongings d any personal injury or death resulting from the acts or omissions or negligence of any third parties providing goods or services to you during the tour journey including air carriers hotels shore excursion operators restaurateurs transportation providers and medical personnel or e any disappointment or loss of enjoyment due to circumstances outlined in the contract or otherwise beyond our control 8.3 subject to clause 8.1 but despite any other provision of the contract and to the extent permitted by law our maximum liability to you or any third party including any claims of negligence by us is limited to the tour/journey price you have paid to us 8.4 to the maximum extent permitted by law you acknowledge and agree we are not liable to you under any circumstances for any loss of enjoyment opportunity profit savings revenue or interest or any other consequential or indirect incidental special or punitive loss damage or expenses 8.5 you acknowledge and agree that we are not liable for any delay or failure by us or a service provider to perform our obligations under the contract resulting from or as a consequence of a force majeure event 8.6 if a delay or failure occurs or is anticipated due to force majeure event our obligations are suspended for the duration of the force majeure event 8.7 we may immediately terminate the contract if the force majeure event delays performance of the tour/journey for a period of 7 days or more calculated from the date we notify you of the force majeure event 8.8 to the extent permitted by law all express or implied warranties guarantees representations or terms are expressly excluded where the law implies any guarantee condition or warranty which cannot be excluded our liability to you