European Waterways
Terms and Conditions
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A.
CONTRACT
Each Passenger has to fill a Booking Form which is forwarded to
European Waterways. Once accepted by the Company together with
the payment of the fare due, a contract exists between such Passenger
(hereinafter the Passenger) and the Company. Under
this contract the Passenger confirms that he/she has read, understands
and agrees to the terms and conditions below (the Terms
and Conditions)
Any
Passenger signing as tour leader on behalf of a charter or other
group warrents that he/she is authorised so to do. Each member
of any such group shall be deemed to be a Passenger as herein
defined and shall be bound by the signature of the tour leader
B. CRUISE PROVISIONS
The rates shown are per passenger for a six night double occupancy
cabin cruise and are subject to change without notice. Meeting
points, hotels and time of pick-up may be changed without notice
Cruise
includes: Accommodation with private bath or shower, all meals,
selected regional wines and alcoholic beverages consumed aboard,
all sightseeing tours and admittance fees as stipulated, use of
the vessels bicycles and other facilities, and round-trip
transfers from specified meeting point
Cruise
does not include: Air transportation, airport taxes, visas, health
or accident insurance, trip cancellation insurance, superior Chateaux
vintage wines, optional activities such as hot air balloon flights
or items of a personal nature such as laundry, communication charges,
purchases or gratuities for the crew
C. INSURANCE
Travel
Insurance
to cover trip cancellation, health and baggage is strongly recommended.
D. GRATUITIES
Gratuities for crew members are entirely discretionary. Between
3 and 5% of the cruise fare is suggested in the event of total
satisfaction with the service on board
E. NON-SMOKING POLICY
The Company applies a non-smoking policy in the accommodation
area of all vessels. In consideration to fellow Passengers those
who wish to smoke, are requested to do so outdoors i.e. on the
deck and sun-deck area. In accordance with fire prevention regulations
smoking is not permitted in the cabins
F. DEPOSIT AND FINAL PAYMENT
For individual bookings: a deposit of 1500 A$ per passenger is
payable at the time of booking. The balance is payable 90 days
prior to departure
For
charter bookings of an entire vessel: an initial deposit of 6000
A$ is payable at the time of booking. The difference between the
initial deposit and 25 % of the total fare is payable as a further
deposit 180 days prior to departure. The balance of the charter
or group fare is payable 120 days prior to departure
To
qualify for the charter group rate, one person must act as tour
leader and be responsible for contracting with and making all
payments to the Company, as per the Terms and Conditions, on behalf
of all passengers in the charter/group
G. CANCELLATIONS AND REFUNDS
Cancellations must be made in writing to the Company and are effective
only upon receipt by the Company at its address overleaf. All
issued tickets must be returned together with notice of cancellation
Please allow 4 weeks from receipt by the Company of cancellation
notice and unused cruise ticket(s) for forwarding of any refund
due. The following cancellation fees apply based on the date when
the Company receives written notice of cancellation.
For
individual bookings:
a) more than 120 days prior to departure, an administrative fee
of $300 per passenger shall be retained
b) from 120-90 days prior to departure - the full deposit shall
be retained
c) 90 days prior to departure to day of departure, or in the event
of failure to embark - 100% of total fare shall be retained
For
charter bookings:
a) charter deposits are non refundable
b) up to 180 days prior to departure deposits may be applied toward
individual bookings on the same vessel subject to a $150 surcharge
per passenger
c) 180-120 days prior to departure the full 25% deposit will be
retained.
d) less than 120 days prior to departure no refund will be given,
No
refunds will be given in the event of interruption or cancellation
of the cruise by the Passenger after the start of travel, nor
for unused portions of any package or cruise, nor for any unused
sightseeing tours or meals
H. ALTERATIONS BY THE PASSENGER
Any itinerary change by the passenger subsequent to booking will
incur an amendment charge of $150 per passenger. No itinerary
changes can be accepted less then 60 days prior to departure.
Transfers to cruises on another vessel shall be treated as a cancellation
and re-booking and cancellation charges will apply
I. LIMITS OF RESPONSIBILITY OF THE COMPANY
Unless expressly stated otherwise on tickets or other documentation
issued by the Company to the Passenger, the Company, its employees,
representatives, agents and/or assigns acts only as agent to provide
transportation, accommodation and other related services to the
Passenger by purchasing such services from independent vessel
operators (the Operators) and other service providers
contracted to the Company
The
ticket(s) issued to the Passenger by any Operator or service provider
constitute(s) the sole contract between the Passenger and said
Operator or service provider, and the Company assumes no responsibility
or liability for acts or omissions connected therewith
The
Passenger further understands and agrees that the Company is not
liable or responsible for the following:
a)
any personal injury, death, property damage or loss occasioned
by theft, vandalism, fire, water, weather conditions, explosion,
or any cause whatsoever, whether foreseeable or unforeseeable,
or for any loss of whatever kind or nature arising out of or in
connection with the acts or omissions, whether foreseeable or
unforeseeable or any loss of any kind or nature arising out of
or in connection with the acts or omissions whether negligent
or intended of any third party, regardless of the relationship,
if any, between such third party and the Passenger, or the Company;
and
b) any event that is beyond the control of the Company, including
but not limited to Acts of God, strikes, lockouts, work stoppages,
riots, floods, government acts, terrorism, criminal activity,
Passenger illness, engine breakdown or vessel damage; and
c) any additional expenses incurred by the Passenger as a result
of any delay or failure of and/or by any Operator or contractor
of any services connected with the specific booking; and
d) any loss sustained by the Passenger as a result of any cancellation,
delay, advancement or postponement of any tour by any Operator
or any service provider such as steamship company, airline, railroad,
vehicle rental company, hotel or similar or their agent
J. RESERVATION OF RIGHTS
The Company on behalf of itself and the Operators reserves the
right to:
a)
cancel any itinerary in whole or in part
b) make such alteration to any itinerary as it reasonably deems
necessary or desirable
c) refuse to accept or retain as a member of a tour any person
at any time.
In
the event of alteration or cancellation, the Company may, but
is not obligated to, substitute or provide another vessel. Waterway
routes and vessel alterations and substitutions All routes are
subject to change without notice. Some waterways may be subject
to occasional closures due to drought, storms, floods, canal or
lock repairs or other unforeseen circumstances that result in
conditions unsafe for navigation
In the unlikely event of such occurrences, the following conditions
may apply:
a)
if navigation must be suspended, Passengers will continue to be
accommodated on the stationary vessel and the regular excursions
will continue to be made, with cruising to be continued as soon
as possible. By way of compensation for any absence of cruising,
additional excursions will be provided by the vessels crew
b) the Company reserve the right to reverse a cruise route, cruise
another waterway or transfer Passengers to another vessel of similar
standard
c) in any decision related to navigation, the judgement of the
vessels Captain on any action or inaction is considered
final
K. UNDERTAKINGS OF PASSENGER
The Passenger expressly agrees to the following:
a)
that he/she is in good general health
b) that he/she shall not operate or seek to operate any vehicle
owned or operated by a boat, hotel or other service provider except
bicycles that are provided for the express use of the Passengers;
and
c) that he/she shall indemnify and hold harmless the Company,
its employees, agents, representatives and assigns against any
and all liabilities, costs and expenses (including legal fees
and costs of litigation) which may be incurred in connection with
any claims, suits or any cause of action brought by him/her against
any third party, or by any third party against him/her, his/her
heirs, representatives or assigns regarding injury or loss to
person or property sustained by him/her or such third party, directly
or indirectly, arising out of activities, acts or omissions, no
matter how caused or created, that occur during the course of
a cruise tou.
L. GENERAL PROVISIONS
These Terms and Conditions supersede and cancel all prior communications
and agreements, whether written or oral express or implied. Any
inquiries, claims or general complaints by the Passenger relating
to the service provided by the Company must be submitted in writing
to the Company within thirty (30) days of the completion of the
cruise, and must contain detailed and evidentiary information
M. GOVERNING LAW AND RESPONSIBILITY
All contracts incorporating these Terms and Conditions shall be
governed by English Law.