PARTIES: In these terms and conditions, “you” or “passenger” or “participant” refers to the person booking, purchasing or travelling on the cruise, and to individuals travelling as part of that person’s reservation. “We” or “us” refers to Amadeus Waterways Inc, a California corporation (AWI) and AmaWaterways, the trading name of AmaWaterways Ltd, a company registered in England with company number 10184331. AWI offers the travel and enters into these terms and conditions with you pursuant to arrangements made with AmaWaterways Ltd.
RESERVATIONS & FINAL PAYMENT: To make a reservation, please contact AmaWaterways (AmaWaterways Ltd, Abbots Place Suite B, Walnut Tree Close, Guildford, GU1 4RW, Surrey, UK) on 0800 520 2250 (Trade reservations) or 0800 320 2335 (Customer reservations) or your preferred ABTA agent. A deposit of £270, or £1,600 if booking on an Africa river cruise (plus any other associated costs), per person is required at time of booking. Final payment is due no later than 90 days prior to departure; non-payment may result in the reservation being cancelled.
PRICING: Unless indicated otherwise, all brochure prices are per person, based on double occupancy of a stateroom, or standard hotel room. Single rates are available for cruise at a supplement of plus 50%, except for suites which are plus 100%. Pricing is accurate at time of printing and expected to be in effect at the time of departure but maybe subject to surcharge or reduction for the following items: transportation costs, including the cost of fuel; dues, taxes, or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; government action such as increases in VAT or any other government imposed increases; or currency exchange rate fluctuations. Only amounts in excess of 2% of the holiday price excluding insurance premiums and any amendment charges will lead to a surcharge or reduction; any surcharge levied will include an amount to cover agent’s commission. If this means paying more than 10% above the holiday price quoted at time of booking, you will be entitled to cancel the holiday with a full refund of all money paid (not including any premium paid for holiday insurance and amendment charges). Such a cancellation must be made within 14 days of the issue date printed on the surcharge invoice. Failure to pay a surcharge within 14 days may be treated as cancellation of the booking by you, and a cancellation charge of the amount shown under “Cancellation Charges” applicable on the date of AmaWaterways’ decision to cancel will be made. Cancellation Charges are dependent on the date of booking and are shown in Tables I & II. No surcharge or reduction will be made less than 30 days before the date of commencement of the holiday but bookings received within this period may be charged at the published price plus any surcharge arising up to the date of that booking. Airfares and air taxes quoted on your invoice or by a reservation agent are only guaranteed once full payment is received by AmaWaterways. A charge may apply to payments by credit card.
NOT INCLUDED IN THE PRICE: Passports/visas, excess baggage fees; vaccinations; gratuities on cruise ships; laundry, beverages and food not on the regular table d’hôte menu; optional excursions; all other items of a personal nature; travel, health, personal items or accident protection plans. These items are paid locally. Governmental or local taxes/ fees, airport taxes and fees and fuel surcharges not included in the price will be charged by invoice.
CANCELLATION CHARGES: In the unfortunate event that you cannot travel and you need to cancel, please notify AmaWaterways in writing. No cancellation can be taken without written notification. Cancellations are effective from the date of receipt of the written notification. If AmaWaterways has already issued final documentation that includes air tickets, the unused air tickets must be returned to AmaWaterways before they can be cancelled. Please note that any name change/ substitution of passenger is treated as a cancellation and any/all applicable cancellation charges will be applied. Cancellation charges are per person and shown below.
TABLE I. 2017 CANCELLATION CHARGES
|Days Before Departure||Cruise & Land Cancellation Charge|
|More than 90 days prior to departure||Loss of deposit + non-refundable airfares|
|89-60 days prior to departure||50% of the land and cruise price + non-refundable airfares|
|59-30 days prior to departure||75% of cruise and land price + non-refundable airfares|
|29-7 days prior to departure||85% of cruise and land price + non-refundable airfares|
|Less than 7 days prior to departure||100% of cruise and land price + non-refundable airfares|
These cancellation charges apply to all bookings on 2017 sailings.
TABLE II. 2018 CANCELLATION CHARGES
|Days Before Departure||Cruise & Land Cancellation Charge|
|More than 121 days prior to departure||£135 (Europe & Asia)/£800 Africa + non-refundable airfares|
|120-90 days prior to departure||Loss of deposit + non-refundable airfares|
|89-60 days prior to departure||35% of the land and cruise price + non-refundable airfares|
|59-30 days prior to departure||50% of cruise and land price + non-refundable airfares|
|29-7 days prior to departure||80% of cruise and land price + non-refundable airfares|
|Less than 7 days prior to departure||100% of cruise and land price + non-refundable airfares|
These cancellation charges apply to all bookings made for 2018 sailings on or after the 1st January 2017.
Cancellation charges listed above also applies towards upgrades and transfers. Insurance premiums are non-refundable. Additional fees will apply for any air tickets already issued. No refunds will be made for unused services, or unused portions of the cruise/tour once travel arrangements have commenced. If after returning from the cruise you wish to enquire about any cruise services provided, please ensure that all correspondence relating to those services is received by AmaWaterways within 60 days after cruise completion.
PASSPORT AND VISAS: A valid passport is required of all travellers. Passports must be valid six months after the scheduled return date to the UK. UK and non UK citizens must consult with the appropriate consulates if any visas are needed. Any visas, or travel documentation required to travel is the sole responsibility of the passenger to obtain. AmaWaterways is not responsible for delays or missed portions of your cruise/tour, relating to incorrect travel documents or visas.
TRAVEL DOCUMENTS: Upon full payment only, travel documents, including air tickets, are sent postal ground delivery 2-3 weeks prior to departure. If you would like your documents sent earlier, there is a £15 charge per reservation.
YOUR FLIGHTS: Airline tickets (where applicable) AmaWaterways determines airlines and flight schedules based on the availability of its specific contracted carriers. Air tickets are economy class, unless requested otherwise, and are issued under the terms and conditions of the relevant airline(s). Business class air travel is available for purchase at the time of booking; please ask your reservation agent for details. Airlines require that your exact name, as it appears in your passport, be on your air ticket. AmaWaterways is not responsible for any issues resulting from an incorrect name on any air ticket issued. Every effort is made to obtain direct flights; however, your air schedule may require connections and overnight travel. AmaWaterways is not responsible for any costs resulting from lost air tickets, delays, disruptions or cancelled flights; lost baggage or missed connections. In the event of a lost air ticket, the passenger will need to file a Lost Ticket Application with the carrier.
CHANGES: All tickets issued by AmaWaterways have certain restrictions; they cannot be reissued or exchanged. Any changes or refunds must be processed through AmaWaterways. We reserve the right to charge an administration fee of £35, in addition to any appropriate airline fees for any changes made. Any cancellation is charged under the cancellation penalty of the airline. Airline fees vary depending on the carrier. Some air tickets will be non-refundable.
SPECIAL REQUESTS: Requests for seat assignments, meal requirements, special services and frequent flyer miles are at the sole discretion of the airline; please contact the airline directly. Baggage: Please check with the appropriate airline regarding airline baggage allowances. In most cases, airlines allow 1 bag per person to be checked in. AmaWaterways assume no responsibility for loss, theft, damage or delay to passenger’s luggage. Baggage insurance is recommended.
TRANSFERS: AmaWaterways can arrange transfers at time of booking.
OWN AIR: For passengers making their own air arrangements, please note that it is the passenger’s responsibility to obtain a valid ticket direct from an air carrier suitable for and in time for travel to the vessel and including local transfers which the passenger must arrange. AmaWaterways accepts no responsibility for any travel arrangement outside of the package provided to you.
Cruise itineraries: Deviations to the planned cruise itineraries and hotels are possible, although every effort will be made to keep them as they are shown in the brochure and final documents. Should conditions render cruise routes unsafe for navigation, AmaWaterways reserves the right to provide alternative services, including but not limited to accommodation on the docked ship and/or substitute ground arrangements. AmaWaterways will make the effort to ensure that the places visited, excursions operated and the hotels or ships offered are as similar as possible to the ones originally planned. Any resulting changes will not result in a refund for the original services; all cruise routes are subject to change without notice.
Cancellations: AmaWaterways reserves the right to cancel, change, or postpone, any departure date and itinerary. In the event of a complete cancellation by AmaWaterways, we will issue a full refund of monies paid for the cruise/tour.
Child policy: All guests under the age of 18 are to be in a cabin with an adult, and must remain supervised at all times, and their safety is the responsibility of the accompanying adult(s). Children between the ages of 4- 10 at the time of embarkation may share a cabin with 2 adults provided the child is able to share the bed with the adults – no additional bed will be provided. Please be aware that balcony cabins of any kind may be unsafe for small children if left unsupervised. Children 4-7 years old are not recommended on any program and on our Africa program, due to safety precautions, there is a minimum age limit of 12 years old, unless otherwise agreed upon by AmaWaterways. AmaWaterways does not provide child specific programs or child-minding facilities.
Disabled participants: Any disability requiring special attention must be reported to AmaWaterways at the time of booking. AmaWaterways will make reasonable efforts to accommodate the special needs of disabled cruise participants, but is not responsible for any denial of services by carriers, hotels, restaurants, or other independent suppliers. Tour buses are not equipped with wheelchair ramps and stateroom doors are not wide enough to allow access by standard wheelchairs. Wheelchairs and walkers cannot be carried on tour buses, due to space limitations. Wheelchair passengers should be aware of these limitations. For safety reasons, passengers in wheelchairs cannot be carried on ramps in ports where the ship is at anchor. We regret that we cannot provide individual assistance to a tour member for walking, getting on/off tour busses and other transportation vehicles, or other personal needs. A qualified travel companion must accompany travellers who need assistance.
Pregnancy: For the safety of parent and child, and depending on various circumstances, passengers who are at an advanced stage of pregnancy (after 5 months) may be subject to restrictions or exclusion concerning their ability to travel and/or board a ship. Please inform us immediately, so we can assess your personal circumstances and possible accommodation.
Medical: AmaWaterways does not employ doctors or nurses on their vessels. Should you require medical attention, local medical services can be contacted immediately. You are responsible for any and all charges resulting in either visiting the medical services, or their visiting you. AmaWaterways are not responsible for the type or quality of the medical services you may receive.
Inoculations and Medical Preparation: All passengers travelling on certain Africa itineraries will require Yellow Fever vaccination. AmaWaterways strongly recommends that all passengers take malaria pills for travel to Africa. Please contact your personal physician or local health department prior to travel for further detailed information and recommended precautionary measures.
Smoking: Smoking is only allowed on the Sun Deck of all ships.
Diets: Please advise AmaWaterways at time of booking of any special dietary requirements you may have and we will make every effort to accommodate your request. Please note that not all dietary requests are possible.
Disclaimer of Responsibility: AWI’s arrangements are with AmaWaterways Ltd, and they arrange with others for services described in this confirmation and in our brochures. Transport on river cruise ships (“ships”) or other forms of transport (“transport”) is provided by third party owners, operators and charterers (“supplier(s)”). Suppliers are separate entities and are deemed not to be our principals, agents, employees or partners. We do not own or operate any ship or transport service. Accordingly, WE DISCLAIM RESPONSIBILITY AND LIABILITY FOR, AND PARTICIPANT WAIVES, RELEASES AND ACKNOWLEDGES THAT THERE SHALL NOT BE ANY CLAIM OR RECOURSE AGAINST US FOR OR AS A CONSEQUENCE OF: BREACH OF DUTY, BREACH OF CONTRACT, NEGLIGENT OR WILLFUL OR INTENTIONAL ACT, FAILURE TO ACT OR OMISSION BY ANY SUPPLIER. Supplier and participant obligations and liabilities are subject in each case to terms and conditions of each supplier’s contract of carriage or other supplier terms and conditions, and any and all applicable government laws and regulations and international conventions that apply, including, but not limited to choice of law, jurisdiction of disputes and limitations of liability and limitations on timing of claims. PARTICIPANT AGREES THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS (INCLUDING PERSONAL INJURY, DEATH, AND LOSS OF OR DAMAGE TO PROPERTY) OR EXPENSE OCCASIONED BY ANY ACT OR OMISSION OF ANY SUPPLIER PROVIDING SERVICES, OR ANY PROVIDER OF A TRAVEL PROTECTION PLAN, OR INSURER, OR OF ANY OTHER PERSON. If the services of a supplier cannot be delivered or there are changes in any planned service for any reason beyond our control, we will make an effort to arrange similar services. Any resulting additional expenses will be participant’s responsibility.
Limitation of Liability: REGARDLESS OF ANY OTHER PROVISIONS IN THIS CONFIRMATION AND IN OUR BROCHURES, OUR LIABILITY FOR BREACH, DAMAGE, LOSS, PERSONAL INJURY, DEATH, AND/OR LOSS OF OR DAMAGE TO PROPERTY, OR OTHER LOSS, INJURY OR DAMAGE, ALSO INCLUDING, BUT NOT LIMITED TO, ECONOMIC DAMAGES, EMOTIONAL DISTRESS, MENTAL SUFFERING AND/OR PHYSICAL OR PSYCHOLOGIC INJURY, WHETHER OCCURRING BEFORE THE START OF TRAVEL, AFTER TRAVEL HAS BEGUN, AFTER COMPLETION OF THE TRAVEL, OR MULTIPLE TIME PERIODS, AND REGARDLESS OF WHETHER DUE TO ACCIDENTAL OR WILLFUL OR INTENTIONAL ACT OR OMISSION OF ANY PERSON OR ENTITY, OR OTHER CAUSE SHALL NOT EXCEED THE AMOUNT PAID TO US FOR THE TRAVEL NOTES
Responsibility: AmaWaterways is responsible to you in making arrangements for the services on your confirmation invoice. If the services of the supplier cannot be delivered, subject to ‘Cruise Itineraries’ clause above, or for reasons beyond the control of AmaWaterways, we will arrange for the provision of comparable services, where and when possible. Any resulting additional expense will be payable by the cruise participants and any resulting saving received will be refunded to cruise participants.
Agreement: Payment of deposit and/or issue of your confirmation invoice shall be deemed your consent to the terms and conditions herein. The statements herein and the contract between cruise participants and AmaWaterways is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. Terms and Conditions listed are those in effect at time of printing and will remain until replaced. Any new or reissue of Terms and Conditions will replace all previous versions. No person, other than an authorised representative of AmaWaterways, by a document in writing, is authorised to vary, add or waive any term or condition in this brochure, including any term or condition set forth in the preceding provisions.
Complaints: If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and AmaWaterways representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to the following address: AmaWaterways Ltd, Abbots Place Suite B, Walnut Tree Close, Guildford, GU1 4RW, Surrey, UK giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay.
Your financial protection
ABTA: AmaWaterways Ltd is a member of ABTA with membership number Y6393. ABTA & ABTA Members help holidaymakers get the most from their travel and assist them when things do not go according to plan. 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 sue ABTA’s simple procedure. Further information on the CODE and ABTA’s assistance in resolving disputes can be found on www.abta.com. 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 conflict should be resolved. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel 0203 117 0500 or www.abta.com.
ATOL: We hold an Air Travel Organisers License (ATOL) issued by the CAA (ATOL Number 11232). 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 the 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.
Passenger contract: All transport on board ship is provided subject to the terms and conditions of the Passenger Contract that you will receive with your final documentation. The Passenger Contract is governed by the Law of Switzerland and is subject to the limits of liability and claims laid out under the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 1974 and the International Convention on Limitation of Liability for Maritime Claims. Any disputes will be litigated exclusively in the courts.