Terms Conditions

BOOKING CONDITIONS

Your contract is with AmaWaterways Limited of Suite A, Abbots Place, Walnut Tree Close, Guildford, Surrey GU1 4RW, company number 10184331. These booking conditions, together with our Privacy Policy, Passenger Ticket Contract (which governs the cruise and travel itself) and the written information we brought to your attention before we confirmed your booking, set out the conditions of the contract between you and AmaWaterways Limited and our contractual commitments to each other.

Definitions

(a) References within the booking conditions to “departure dates” mean the date the services we have agreed to provide commence.

(b) References to “you” and “your” mean the persons named in the booking (including any person or persons added or substituted subsequently).

(c) “We” “Us” and “Our” means AmaWaterways Limited.

(d) References to “arrangements”, “travel arrangements” or “holiday” mean the services we have agreed to provide under your booking with us.

1 Your Holiday Contract

1.1 When you make your booking you agree that you have authority to accept and do accept on behalf of yourself and each person named in your booking, the terms of these Booking Conditions. The person making the booking (“the party leader”) must be at least 18 years of age and authorised to do so by all persons named in the booking and the parent or guardian of any party members under the age of 18 years, when the booking is made. The party leader on behalf of themselves and each member of the party consents to the use of information in accordance with our Privacy Policy.

1.2 The party leader is responsible for making all payments due to us under the booking. All party members named within the booking are jointly and severally liable for all payments due under the booking.

1.3 A contract will exist as soon as we issue a booking confirmation invoice to the party leader or your travel agent. The contract is made in the terms of these booking conditions, which are governed by English law and the jurisdiction of the English Courts. You may choose the law and jurisdiction of Scotland or Northern Ireland if you are resident in Scotland or Northern Ireland and wish to do so.

1.4 Once you have received your booking confirmation invoice, please check this carefully together with all your other documents we or your travel agent have sent to you. If any of the information contained within any of these documents is incorrect or incomplete, please notify us immediately in writing as it may not be possible to make later changes to it. We cannot accept any liability for inaccuracies caused by the person making the booking, nor - if we are not notified of any inaccuracies within 7 days of issue of the booking confirmation invoice.

1.5 We reserve the right to refuse to accept bookings at our absolute discretion without stating the reason for doing so.

1.6 When you book your holiday it may not be possible to confirm air or rail arrangements.. Your confirmation invoice and/or ATOL certificate will set out the arrangements reserved for you and/or any provisional reservations or those arrangements we plan to reserve for you. Some airlines charge for luggage separately and some flights may be indirect. Travel arrangements, including but not limited to schedule and routing, may also be subject to change by airlines and/or rail operators at any time and without notice. We can accept no liability for such changes.

1.7 We cannot confirm any specific airline or rail seat numbers and reserve the right to make changes to your flight and/or rail times but will notify you of any such changes as soon as possible.

1.8 All guests under the age of 18 are to be in a stateroom with an adult and must remain supervised at all times; their safety is the responsibility of the accompanying adult(s). In the case where a triple or quad occupancy stateroom is not available or not selected, children under the age of 10 at the time of embarkation may share a stateroom with two adults only in circumstances where the child is able to share the bed with the adults – no additional bed will be provided. Please be aware that balcony staterooms of any kind may be unsafe for minors if left unsupervised. There is a minimum age limit of 4 years old, unless otherwise agreed upon by AmaWaterways. On our Africa Safaris & Wildlife Cruise 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.

1.9 Participants With Disabilities: Because the tours offered occur in various countries, accessible facilities may not be available on board or in many places visited on the cruises and cruise tours we offer. If guests have a disability and reasonable accommodation may enable them to use the services, guests are requested to let us know how they believe we can help. Guests are requested to inform us in writing, at time of -or immediately after making the reservation, but in any event as early as possible, of any mobility impairment or other condition, whether physical, emotional or mental, which may require accommodation or use of an assistive device during the travel. A reasonable effort will be made to accommodate special needs, but we are not responsible for denial of service by Carriers, hotels, or other independent Suppliers. Depending on applicable law, a participant, who, due to impairment, is not self-sufficient, may need to travel with a companion who shall take responsibility for assistance needed during travel and in case of emergency. An individual with a disability that would result in a direct threat to the health and safety of others or to that individual may be excluded, if it is determined there is a significant risk that cannot be eliminated or reduced to an acceptable level by reasonable accommodations, policies, practices, procedures assistive devices or services. We shall have no liability to a participant relating to any condition, treatment, failure to inform us of an impairment, or resulting exclusion.

1.10 Due to medical safety guidelines, we are unable to accommodate passengers who will enter their 24th week of pregnancy by the time of the cruise.

1.11 Medical doctors are not available on any vessel. If medical services are required, efforts to contact local medical providers will be made. A participant requiring such assistance is solely responsible for all related charges. We will not be responsible or liable for sufficiency of our efforts to reach medical providers, nor for the availability, delay, quality or other aspect of any such services. Participants are encouraged at time of booking and well before departure, to review their health and medical conditions and insurance and consult their health care and insurance providers regarding needs and scope of coverage for any incident or need that may occur during travel, and to obtain supplemental health and medical insurance for the travel, as needed.

1.12 Smoking is only permitted on the ship’s Sun Deck in the designated smoking area.

2 Special Requests

2.1 If you have a special request, please advise us or your travel agent at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part. We are unable to accept bookings which are conditional upon a special request being met and all bookings accepted by us will be treated as not being conditional on the provision of such.

2.2 Special dietary requests must be provided to us at time of reservation. An effort will be made to meet the request, but we cannot assure the request can be accommodated. We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part. We are unable to accept bookings which are conditional upon a special request being met and all bookings accepted by us will be treated as not being conditional on the provision of such.

3 Financial Protection

3.1 We provide financial security for package holidays which include flights, by way of our ATOL (Air Travel Organisers Licence) granted by the Civil Aviation Authority (CAA), CAA House, 49-59 Kingsway, London WC2B 6TE. Our ATOL number is 11232.

3.2 When you buy a flight inclusive holiday from us you will receive an ATOL certificate from us or your travel agent. This lists the flight, accommodation and/or other services that are 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 or 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).

3.3 If we, or the suppliers identified on your ATOL certificate, are unable to provide 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 payment to (or confer a benefit on) you under the ATOL scheme. You must agree that in return for such payment or benefit you must assign absolutely to those trustees any claims which you have or may have arising out of or relating to 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 claim may be reassigned to another body, if that body has paid the sums you have claimed under the ATOL scheme.

3.4 For further information, visit the ATOL website at www.atol.org.uk

3.5 The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL scheme. Please ask us to confirm what protection may apply to your booking. ATOL protection is primarily for customers who book and pay in the United Kingdom.

3.6 We provide full insolvency protection for our package holidays which do not include flights by way of a bond held by ABTA Ltd of 30 Park Street, London SE1 9EQ, telephone: 0203 7588779, email: customerprotection@abta.co.uk. Our ABTA membership no. is Y6393. Please visit www.abta.com for further information.

4 Holiday Price

4.1 We reserve the right to alter the prices of any of the holidays shown on our website. You will be advised of the current price of the holiday you wish to book before your contract is confirmed.

4.2 To confirm a reservation we require payment of a cruise deposit, along with deposit/s based on itineraries and products selected. You will be advised of the deposit amount specific to your package at time of booking. Deposits for specific products are listed along with their accompanying cancellation fees in Section 6 below. The balance of the price of your travel arrangements must be paid by the date shown on your booking confirmation invoice; usually 90 days before the commencement of AmaWaterways services. For bookings made within the balance due date, the total price of your holiday is payable at the time of booking . If the deposit and/or the balance is not paid in time we reserve the right to cancel your travel arrangements, subject to fees as outlined in our cancellation terms (Section 6). Any monies paid to any travel agent in relation to your booking are held by the travel agent on our behalf at all times.

4.3 Unless stated otherwise, the price of your holiday includes all of the component parts described within your booking confirmation invoice.

4.4 Not included in the price of your holiday is travel insurance, additional baggage charges, gratuities and any food or drink or additional excursions or activities which are not confirmed as being part of your holiday arrangements -Additionally, any items or services purchased on board unless specifically stated.

4.5 Changes in the cost of the following mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure date.

• The price of transportation resulting from the cost of fuel or other power sources;
• The level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of your holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
• The exchange rates relevant to your package.

4.6 You may be charged for the amount of any increase in accordance with this clause plus the administration charge of £1 per person. However, if this means that you have to pay an increase of more than 8% of the total price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements) you will have the option of (i) accepting the price increase and paying the requested amount (ii) accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price) or (iii) cancelling your holiday booking and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements which do not form part of your package. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days of the issue date printed on your final invoice.

4.7 Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you. However, please note that travel arrangements that are purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

5 If You Change Your Booking

5.1 If, after we have issued a booking confirmation invoice to you, you wish to change your travel arrangements, we will do our best to make these changes, although it may not always be possible to do so. Your request to change your booking must be made in writing by the party leader. You will be asked to pay an administration charge of £25 per person, plus any costs we may incur in making this alteration. If travel arrangements are changed, price may be reassessed based on current prices on the date you make the change. The price may not be the same as when you first made your booking. Changing your booking to a different itinerary or sailing date constitutes a cancellation and rebooking; see Section 6 below.

5.2 If you or any member of your party is prevented from travelling, that person may transfer their place to someone else subject to the following conditions:
a) That person is introduced by you and satisfies the conditions applicable to the booked holiday;
b) We are notified in writing of the request for transfer not later than 32 days before departure;
c) You pay the outstanding balance payment, and the amendment fee of £25 per person transferring, as well as any additional fees, charges and other costs arising from the transfer;
d) The transferee agrees to these booking conditions, and all of the terms of the Contract between us.
e) Charges amounting to the full cost of any transferred flight and a replacement flight will be imposed in the event of any transfer.

5.3 You and the transferee will remain jointly and severally liable for the payment of all sums. If you are unable to find a replacement, the cancellation charges set out in clause 6.1 will apply in order to cover our estimated costs. Otherwise, no refunds will be given to passengers not travelling or for any unused service.

5.4 Any discount you received when you made your original booking may be altered or reduced when changes are made if this discount had subsequently been altered, reduced or withdrawn.

5.5 If you have paid accommodation supplements and the number of people in your accommodation changes you may have to pay extra.

5.6 Any changes to your dates of travel, airport, transportation, destination, accommodation or length of travel must apply to all members of your booking.

5.7 If you wish to make a name change to a booking including a flight and/or rail journey booked through AmaWaterways, and such change is not permitted by the airline/rail operator, it may be necessary to cancel your ticket for all guests and pay the full cost of another ticket, which may not be aboard the same service or at the same cost.

6 If You Cancel Your Booking

6.1 If you, or any member of your party, cancel your travel arrangements at any time, written notification from the person who made the booking must be received by us at our registered office or by email at amares-intl@amawaterways.com Cancellation notifications must state clearly and correctly each guest’s name, ship name, start and end date of the cruise and a brief statement of the reason for cancellation. Other forms of notice are not sufficient. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable by you. The cancellation charge is a percentage calculated on basis of the total costs payable by the person cancelling not refundable in the event of cancellation. For ease of reference, deposit amounts (clause 4.2) are listed here also:

6.2 Cancellations received within 24 hours of your holiday’s start date will be deemed as trip interruption, cannot be cancelled and are 100% non-refundable. The effective date of the cancellation is the date AmaWaterways receives cancellation notice.

6.3 A change in sailing date, the substitution of a participant (outside of the terms shown in 5.2) or a reduction in the number of guests in a stateroom are treated as a cancellation in that all applicable cancellation charges apply. A reduction in occupancy is subject to single supplement charge.

6.4 You have the right to cancel your holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and which significantly affects the performance of the holiday or which significantly affects transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. This applies only where the relevant unavoidable and extraordinary circumstances are reasonably likely to continue during the period of your booked travel arrangements. As such, the right to cancel under this clause may not be exercised more than 30 days before travel.

7 If We Change or Cancel Your Booking

7.1 Once your booking has been confirmed we will make every effort to provide you with the booked travel arrangements. Occasionally, it may be necessary to amend or cancel whole or part of your holiday.

We will notify you or your travel agent of any cancellation or significant alteration as soon as we reasonably can.

7.2 Independent travel arrangements (e.g. flights, airport parking, car hire, etc) that you may arrange separately do not form part of our contract with you. Should we need to make changes to your travel arrangements, we will not be liable for any amendment or cancellation charges incurred by you in respect of any such independent travel arrangements, nor any other independent purchases made in relation to your holiday.

7.3 If, before the start of your holiday, we are constrained by circumstances beyond our control to make a major change to your holiday, we will offer you the choice of either (a) accepting the changed arrangements (b) accepting an offer for an alternative holiday with comparable facilities from us, if available (we will refund you any price difference if the alternative is of a lower value) or (c) cancel your booking completely in which case we will refund you all monies paid by you. Please note that the above options are not available where any change made is a minor one. A major change may include change to a lower standard of accommodation, a change of flight or rail times of more than 12 hours, a change of UK departure location (save the changes between London airports) or a significant change of destination of cruise itinerary. This applies only to travel booked with AmaWaterways.

7.4 If we make a significant change or cancel less than 78 days before departure (other than for reason of non-payment of travel arrangements by you or events beyond our control (paragraph 8 below) we will also pay you compensation as detailed below:

You are required to advise us within 7 days of being notified of a significant change whether you wish to: (a) accept a proposed change or (b) cancel your booking and receive a refund.

If you have not notified us within 7 days, we will write to you again to obtain confirmation of your choice of the options above.

If you fail to respond within a further 7 days, we will cancel your booking and refund all payments made by or on behalf of you.

7.5 Please note that compensation referred to at 7.4 above and the options referred to at 7.3 above do not apply to any minor changes.

8 Events Beyond Our Control

Please note that compensation will not be payable, and we will accept no liability beyond offering you the options above where:
(a) we are constrained to make a significant change or cancel your booking as a result of unusual and unforeseeable circumstances beyond our control. These circumstances will usually include but are not limited to, war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, any failure to secure flying rights, natural and nuclear disaster, fire, epidemics, health risks and pandemics and unavoidable and unforeseeable technical problems with transport reasons beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events; or
(b) we cancel as a result of your failure to comply with any of the requirements of these booking conditions entitling us to cancel; or
(c) we make a significant change or cancel your arrangements more than 14 weeks before departure; or
(d) where the change or cancellation by us arises out of alterations to the confirmed booking request by you.

9 Post Departure Changes

9.1 If we are unable to provide a significant proportion of the holiday services that you have booked with us after your departure, we will, where possible, make alternative arrangements for you at no extra charge.

9.2 Please note that for travel booked with AmaWaterways a change in the time of your departure or return flight by 12 hours or less or a change of your UK departure airport between London airports are not regarded as major changes.

9.3 A change of accommodation to an equivalent or higher standard is also not regarded as significant nor are alterations to your itinerary which do not materially affect your holiday.

10 Delayed Return

10.1 In accordance with the Package Travel and Linked Travel Arrangements Regulations 2018, where it is impossible for you to return to your departure point on the return date of your package due to “unavoidable and extraordinary circumstances” we shall provide you with the necessary accommodation for a period not exceeding 3 nights per person. Where possible, this accommodation shall be of comparable standard to the accommodation booked by you under the package. For the purposes of this clause, examples of “unavoidable and extraordinary circumstances” include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to, or from, the travel destination.

10.2 The limitation of costs for 3 nights’ accommodation referred to above does not apply to persons with reduced mobility as defined by Article 2 of Regulation (EC) 1107/2006 and does not apply to persons of reduced mobility travelling by air and any other person accompanying them, pregnant women and unaccompanied minors as well as persons in need of specific medical assistance, provided that you have notified us of their needs at least 48 hours prior to departure.

11 Our Liability to You

11.1 We agree to perform and provide the travel arrangements which make up your booking with reasonable skill and care. If the contract you have with us is not performed or is improperly performed by us or any of our suppliers, we will pay you appropriate compensation if this has affected your enjoyment of your holiday. We will not be liable for any failure in the performance of the contract with you if this is due to: -

a) The fault of yourself and/or another member of your party;
b) A third party unconnected with the provision of the travel arrangements and where failure is unforeseeable or unavoidable;
c) Unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised;
d) An event which neither we nor our suppliers, even with all due care, could have foreseen or forestalled.

11.2 Our liability to you and any member of your party, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your booking. Our liability will also be limited in accordance with and/or in an identical manner to the contractual terms of the suppliers we use in the provision of your holiday arrangements form part of your contract with us. These terms are incorporated into this contract as are;
a) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail, and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation you can claim for death, injury, delay to passengers, and loss, damage and delay to luggage.

11.3 We will not accept responsibility for any services which do not form part of your contract with us. These may include any excursion purchased during the course of your holiday and any additional services or facilities which we have not agreed to arrange or provide as part of our contract with you.

11.4 You must inform us, without undue delay, taking into account the circumstances of the case, of any lack of conformity which you perceive during the performance of a travel service included in your package travel contract.

11.5 If we are found liable for loss and/or damage to your luggage or personal possessions (including money) our maximum liability to you is limited to £1,000 per person unless a lower limitation applies under this contract or by virtue of international conventions.

11.6 Where you have booked a “cruise only” holiday we do not accept liability for the costs of flights and/or any other travel arrangements in the event of changes being made to the scheduled departure or arrival times or locations of the cruise vessel.

12 Assistance by Us During the Course of Your Booking

If your contract with us is not performed or is improperly performed by us as a result of a failing attributable to a third party unconnected with the provision of holiday services, or as a result of failures due to unusual or unforeseeable circumstances beyond our control the consequence of which could not have been avoided even with all due care, or as a result of an event which we or our suppliers, even with all due care, could not have foreseen or forestalled, and you suffer injury or other material loss, we will offer to provide you with prompt assistance as is reasonable in the circumstances. If you or any member of your party suffers during the course of your holiday any difficulty as a result of any activity which does not form part of your contracted holiday arrangements, we will offer you prompt assistance without undue delay. Such assistance may include assisting you in making communications and helping you to find alternative travel arrangements. If the difficulty is caused intentionally by you or as a result of your negligence, we may charge a reasonable fee for that assistance which will not exceed the actual cost incurred by us. All assistance (financial or otherwise) is subject to our reasonable discretion and subject to you notifying us promptly of your need. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you recover any costs and expenses relating to the incident from a third party, you must repay us the costs and expenses we have incurred in assisting you.

13 Documentation, Passport, Visa, Immigration and Health Requirements

13.1 In order to verify that we have the correct booking information on file for our guests, we kindly ask that you complete our pre-registration process upon deposit or no later than the final payment date. You may visit our website to complete this process at: www.amawaterways.co.uk/check-in
By checking in, you can:
• Ensure that personal information is correct on all necessary travel documents
• Provide important emergency contact information
• Complete health questionnaire as required
• Inform us of any special occasions
• Sign up for shore excursions

13.2 Only after receipt of full payment, and the completion of the online pre-registration process, will access to Digital Travel Documents (including airline and/or rail confirmation information, if applicable) be provided, via email, approximately 3-4 weeks prior to departure.

13.3 The passport and visa requirements of you and your party, together with any other immigration requirements, are your responsibility and you should check these with the relevant embassies and/or consulates prior to travel. We are not in a position to obtain or verify the accuracy or completeness of any participant’s visa or other required documentation. We do not accept any responsibility if your travel is restricted or affected if you have not complied with the relevant requirements in force prior to and at the time of travel. Guests should be aware entry requirements may change without prior notice.

13.4 For Africa & Egypt itineraries we require passport information at the time of deposit, and for travel to Asia, we required passport information prior to, or at, final payment due date. For certain itineraries, empty pages may be required within your passport for visa and/or immigration requirements. Ensuring these requirements are met is your responsibility and you should check these with the relevant embassies and/or consulates prior to travel. We do not accept any responsibility if you cannot travel if you have not complied with the relevant requirements in force prior to, and at the time of, travel.

13.5 It is also your responsibility to check all compulsory and recommended health requirements, including vaccinations, prior to travel and to ensure that you are in posession of any necessary vaccination certificates and other health documentation. The costs of obtaining any such documentation are your responsibility and we are unable to accept any responsibility or liability if your travel arrangements are affected as a result of the failure to do so by yourself or any member of your party.

13.6 You must provide us with full details of any existing medical conditions, allergies or disabilities that may affect your travel arrangements (including, in particular, any accommodation requirements) at the time of booking. If in our reasonable opinion your chosen travel arrangements are not suitable for your medical condition or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical condition or disability we may also cancel the booking if in our reasonable opinion, the travel arrangements are not suitable, or you are not travelling with someone who can provide all assistance reasonably required. If we cancel your booking as a result of this, the cancellation charges set out in Clause 6.1 above will apply.

13.7 Information on foreign travel is provided and regularly updated by the Foreign and Commonwealth Office. Details can be found at www.gov.uk/foreign-travel-advice and www.gov.uk/knowbeforeyougo

13.8 If we are required or asked to reissue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.

14 Denied Boarding Regulations and Transportation Delays

14.1 If any flight you have booked is cancelled or delayed, your flight ticket is downgraded, or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If your airline does not comply with these rules you should complain to the Civil Aviation Authority on 0330 022 1500 www.caa.co.uk.

14.2 Unfortunately, flight or other transport delays sometimes occur. Depending on the length of the delay and surrounding circumstances, the carrier concerned should provide refreshments when and where appropriate. We are generally not in a position to provide any assistance in the event of flight or other transportation delays and cannot accept any liability except where expressly stated in these Booking Conditions.

15 Insurance

15.1 You may wish to take out suitable insurance for all your needs before you travel. We cannot be held responsible for any costs you may incur as a result of failing to do so.

15.2 If you take part in activities whilst travelling that have been organised and arranged independently of us, participation is at your own risk and it is your responsibility to ensure that you have obtained the relevant insurance.

16 Your Responsibilities and Behaviour Whilst on Holiday

16.1 As part of your booking with us, you are accepting liability for any loss or damage caused by you or any member of your party during the course of your holiday. Payment for any loss or damage must be made to us or our supplier at the time that it occurs or as soon as is reasonably practicable thereafter. If the cost of the loss or damage is not known at the time, we will reasonably estimate it. If the cost of replacement or repair exceeds the estimate paid, you must pay the difference and if it is less, the difference will be refunded to you. You will also be responsible for, and agree to indemnify us, in respect of any claim subsequently made against us and all costs incurred by us (including our own and any other party’s full legal costs) arising from your actions.

16.2 You are also responsible for the behaviour of yourself and other members of your party. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member/s of your party by terminating your travel arrangements if yours or their behaviour is or is likely to be, in our reasonable opinion or in the reasonable opinion of our suppliers, disruptive, upsetting or dangerous to yourself or anyone else, or if you or any member of your party have caused or are likely to cause damage to property. In these circumstances, we will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your travel arrangements due to such unacceptable behaviour. In this situation we will have no further responsibility for you or any other member of your party (including any return travel arrangements). If your behaviour means that you are not able to board your outward flight, we will treat your booking as cancelled from that moment and you will have to pay the full cancellation charges referred to in Clause 6.1 above.

17 Excursions and Activities and Resort Information

Excursions, tours or other activities that you book or pay for whilst you are on holiday do not form part of the travel arrangements provided by us. Your contract will be with the operator or provider of that excursion, tour or activity and not with us. We are not responsible for the provision of the excursion, tour or activity or anything that may happen during the course of its provision by the operator. We do not accept any liability in relation to any such excursion, tour or activity and these Booking Conditions do not apply to them.

18 Mooring, Docking and Adverse Weather Water Conditions

Occasionally, changes to your itinerary may be necessary due to adverse weather conditions, high or low water levels, mooring restrictions and lock closures. In some instances, it may be necessary in the interests of safety for sundeck access to be restricted or closed. In addition, it may sometimes be necessary for vessels to dock alongside each other resulting in partially or totally obstructed views. Unfortunately, these are events outside of our control and we can accept no liability for them.

19 Local Charges & Tourist Taxes

Unless we have stated that a local service or facility is included or free in our accommodation description, you may be asked to pay a charge locally, for example, local tourist tax, room services (e.g. minibar), health and beauty treatments, snacks, drinks, etc. Tourist taxes may be payable by you when you check out of your holiday accommodation.

20 Local Health & Safety Standards

You should be aware that it is the standards and health and safety requirements of the country in which the services which make up your travel arrangements are provided which apply and not those of the United Kingdom. These standards will be different to those of the United Kingdom and may sometimes be lower.

21 Our Website, Brochure and Advertising

The information contained in our website, brochure and advertising material is our responsibility and to the best of our knowledge and belief it is correct at the time of publication. Occasionally errors may occur, and information may change, and you must therefore check all the details of your travel arrangements at the time of booking

22 If You Have a Complaint

22.1 In the unlikely event that you have cause to complain during the course of your travel arrangements with us, you must bring it to our attention immediately. If your complaint is not resolved then you must repeat your complaint in writing within 28 days of the end of your travel arrangements with us by writing to us at our Registered Office or emailing us at customerrelations-intl@amawaterways.com. You must provide any booking reference and all other relevant information to enable us to fully investigate your complaint. We are unable to accept liability for any complaints which do not involve death, personal injury or illness and which are not made in accordance with this procedure.

22.2 We are a member of ABTA, membership no. Y6393. Through our membership we can offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with your holiday. Further information on the ABTA Code of Conduct and the arbitration scheme can be found at www.abta.com/consumer-services.

22.3 The arbitration scheme is arranged by ABTA and administered independently by the Centre for Effective Dispute Resolution. It provides a straightforward and inexpensive method of arbitration on documents alone with restricted liability in respect of costs. Full details will be provided on request or can be obtained from the ABTA website.

22.4 The scheme does not apply to claim for an amount greater than £5,000 per person and there is a limit of £25,000 per booking. It does not apply to claims in respect of physical injury or illness. The scheme can deal with compensation claims which include an element of minor injury or illness, subject to a limit of £1,500 per person that can be awarded by the arbitrator.

22.5 The application for arbitration and statement of claim must be received by CEDR Solve within 18 months from the date of return of the holiday. Outside this time limit, arbitration may still be available under the scheme if the company agrees but the ABTA code does not require such agreement.

22.6 For injury and illness claims, you may use the ABTA/CEDR Solve mediation procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. Details can be provided on request or from www.abta.com.

23 Data Protection

In order to process your booking and to make sure that your holiday arrangements run smoothly, we need to pass the information which you provide on to relevant suppliers such as airlines, transfer companies, hotels etc. The information which we provide may also be provided to credit checking companies and public authorities such as customs and immigration if required by law. Where your holiday is outside the European Economic Area (EEA), controls on data protection may not be as strong as they are in the UK. However, we will not pass your information on to any person who is not responsible for part of your holiday arrangements. If we cannot pass your information on to relevant suppliers, we cannot provide your booking, therefore in making this booking, you consent to your information being passed on to them. Your data controller is: AmaWaterways Ltd. You are entitled to a copy of your information held by us and if you would like to see this, please ask us. It may be necessary to make an administration charge for providing this to you.

Please refer to our Privacy Policy at www.amawaterways.co.uk/privacy-policy and which forms part of these booking conditions.

YOUR KEY RIGHTS UNDER THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018

General

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore, you will benefit from all EU rights applying to the packages. AmaWaterways Limited will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, AmaWaterways Limited has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.

KEY RIGHTS UNDER THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018

• Travellers will receive all essential information about the package before concluding the package travel contract.

• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

• Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

• Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

• Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

• If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

• Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

• The organiser has to provide assistance if the traveller is in difficulty.

• If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. AmaWaterways Limited has taken out insolvency protection with the following entities:

• For flight inclusive holidays: Civil Aviation Authority of 45-59 Kingsway, London WC2B 6TE, www.caa.co.uk, telephone: 0330 103 6350, email: claims@caa.co.uk

• For package holidays that do not include a flight: ABTA – the Travel Association at 30 Park Street, London SE1 9EQ, www.abta.com, telephone: 0203 7588779, email: customerprotection@abta.co.uk

By confirming the reservation with payment, the guest/ travel agent acknowledges that they are aware of and will comply with
these Terms. For the most current version of the General Information and Terms, which will supersede the Terms and
Conditions published in any of our brochures in the event of a conflict and any prior oral, implied, written or other
representation or agreement between you and us, please visit www.AmaWaterways.co.uk.

THE PACKAGE TRAVEL & LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
Can be found at: www.legislation.gov.uk/uksi/2018/634/contents/made

THE PASSENGER TICKET CONTRACT

Can be found at: www.amawaterways.co.uk/terms-conditions

All ship transport is provided according to the terms and conditions of the Passenger Ticket Contract, which is sent at the time of booking, is included in the digital travel documents sent prior to the cruise and is available for review at www.amawaterways.co.uk. The Passenger Ticket Contract establishes limits of liability, limits on claims, and time limits for making claims, as well as other restrictions, limits and disclaimers of carrier’s liability for your death, illness, injury, or damage claims relating to baggage or personal property. It is governed by Swiss law and incorporates provisions and limitations under the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974, and the protocol to the convention relating to the carriage of passengers and their luggage by sea, 1976, the International Convention on Limitation of Liability for Maritime Claims, 1976, and the Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels, 2012. Venue for litigation of any disputes under the passenger ticket contract is exclusively in the courts of Basel, Switzerland.

CARRIER INFORMATION

For vessels flying the Swiss flag, the Carrier is AmaWaterways GmbH, an entity organised under the laws of Switzerland. For vessels in Portugal, the Carrier is DouroAzul, Sociedade Maritimo Turistica S.A, an entity organised under the laws of Portugal. For vessels in Egypt, the Carrier is a partnership between AmaWaterways LLC and Wings Tours & Nile Cruises, an entity organised under the laws of Egypt. For the vessel in Vietnam, the Carrier is Indochina Waterways, an entity organised under the laws of Vietnam. For vessels in Colombia, the Carrier is AmaMagdalena S.A.S., an entity organised under the laws of Colombia. For the vessel in Namibia, the Carrier is Zambezi Queen Holidays PTY Ltd, an entity organised under the laws of Namibia. For a complete and up-to-date listing of the registry and Carrier for each vessel, visit http://www.amawaterways.co.uk/CarrierInformation.

PASSENGER TICKET CONTRACT

Important notice: this Passenger Ticket Contract is a legally binding contract between you as passenger and the carrier and governs your cruise and any related travel. Please read all of the following terms and conditions carefully.

As this contract limits your legal rights and remedies and provides protections to each of the entities identified as “carrier” and their affiliated entities and personnel. This contract contains significant fees for cancellation, and in sections 7-10 limitations of liability, including limitations on damages for baggage and other property, personal injury, illness or death; time limits for claims and suits, Swiss choice of law and Swiss forum selection clause for suits, and class action waiver. By booking the travel, regardless if payment has been made in part or in full, and whether or not you have boarded the vessel, you explicitly agree to accept and be bound by all the terms of this contract even though it does not require you or the carrier to sign it.

If you disagree with or are unwilling to be bound by any of the terms of this contract, please do not participate in the cruise or related travel being offered.

To reduce or manage your risks of financial loss and other loss arising from injury, death, loss of or injury to property, cancellation or delay of travel and other risks, carrier recommends that you obtain your own vacation protection insurance, travel insurance, accident, life and other forms of insurance.

1. DEFINITIONS:

“Baggage” means all Passenger baggage allowed on the Vessel pursuant to this Contract, which is placed in Passenger’s cabin, or stored in the Vessel’s baggage room, holds or safe against receipt therefore at Passenger’s request.

“Captain” means the individual serving as Captain of, or Master of the Vessel, and anyone acting under such individual’s authority.

“Carrier” means the entity that owns, operates and/or charters the Vessel on which your cruise takes place, as indicated in this section. The term “Carrier” also includes all of these entities’ shareholders, members, owners, directors, officers and employees, all Vessels operated by each Carrier, and each Vessel’s owners, managers, operators, charterers, agents, crew, pilots, and employees. For purposes of the defences, limitations of liability and the rights of the Carrier as stated in this Passenger Ticket Contract only, the term “Carrier” also includes, AmaWaterways, LLC, a California limited liability company, as well as each parent and/or wholly or partially owned subsidiary of these companies, and their shareholders, members, owners, directors, officers, sales representatives and employees; and the concessionaires, independent contractors, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging or provided to any Vessel, or which are owned or operated by the Carrier. The Carriers operate cruises worldwide, except in the United States, and none of the Carriers are based in the United States. AmaWaterways, LLC acts solely as a sales and marketing agent for the Carriers, does not own or operate any Vessel or other travel facility or accommodation, and assumes no liability for acts or omissions of any Carrier or other third-party provider. For vessels flying the Swiss flag, the Carrier is AmaWaterways GmbH, an entity organised under the laws of Switzerland. For vessels in Portugal, the Carrier is DouroAzul, Sociedade Maritimo Turistica S.A, an entity organised under the laws of Portugal. For the vessel in Egypt, the Carrier is a partnership between AmaWaterways LLC and Wings Tours & Nile Cruises, an entity organised under the laws of Egypt. For vessels in Colombia, the Carrier is AmaMagdalena S.A.S., and entity organised under the laws of Colombia. For the vessel in Vietnam, the Carrier is Indochina Waterways, an entity organised under the laws of Vietnam. For the vessel in Namibia, the Carrier is Zambezi Queen Holidays PTY Ltd, an entity organised under the laws of Namibia. For a complete and up-to-date listing of the registry and Carrier for each vessel, visit www.AmaWaterways.co.uk/CarrierInformation.

 “You,” “Your,” “Guest” and “Passenger” means every person named on the face of, or travelling under, or occupying a cabin designated on this Contract, and persons in their care, including any minors, and also includes their heirs, successors-in-interest, assigns and personal representatives.

“Contract” means this Passenger Ticket Contract.

“Vessel” means any ship owned, chartered, operated or provided by Carrier, whether owned, chartered, operated or provided by Carrier or by third parties; on which Passenger travels, or any substituted ship, and its tenders or any other similar means of conveyance belonging to the Vessel.

“Digital Travel Documents” means detailed travel arrangements, including airline confirmation information, if applicable, sent by email approximately three to four weeks prior to departure.

2. NON-TRANSFERABILITY

This Contract grants passage for only the Passenger(s) named on the Digital Travel Documents, and only for the date and Vessel indicated. It may not be sold or transferred by Passenger. Any attempted sale or transfer by Passenger is void and of no effect. This Contract binds, and confers benefits on, and imposes limits, restrictions and exclusions on and/or affects Passenger, Passenger’s spouse, heirs, executors, administrators, assigns, personal representatives, dependents and next-of-kin. Any Passenger purchasing or booking travel, or using this Contract, represents and warrants that s/he is duly authorised by and on behalf of all Passengers (including minor children) named on the Digital Travel Documents and accompanying Passenger to agree to and to bind all such Passengers to the terms and conditions of this Contract.

3. EMBARKATION

Passenger promises to be on board the Vessel at least one hour before: (a) the scheduled departure time; and (b) each departure time announced during the cruise. At embarkation, each Passenger must have already received all medical inoculations necessary for the voyage and must have in his/her possession this Contract, a valid passport, visas, medical card and other documents necessary for scheduled ports-of-call and disembarkations. It is the Passenger’s sole responsibility to obtain and have available the appropriate and valid travel documents. Carrier advises Passengers to check with their travel agent or the appropriate governmental authority to determine the necessary documents required for travel. Carrier may refuse boarding or disembark passengers without liability for refund, payment, compensation, or credit of any kind if Passenger does not have proper documentation or fails to timely board the Vessel prior to departure.

4. BAGGAGE LIMIT AND LABELLING

Each Passenger may bring aboard the Vessel, without additional charge, up to one (1) suitcase. Additional Baggage will be subject to excess baggage charges. Passenger shall assure that all Baggage is securely packed and distinctly labelled with Passenger’s full name, Vessel name and sailing date, and Passenger’s cabin number.

5. NO PETS OR DANGEROUS OR ILLEGAL ITEMS OR ITEMS OR ACTIONS THAT MIGHT CAUSE DAMAGE TO THE VESSEL

Passenger shall not bring any animal (other than a qualified service animal of a disabled Passenger), dangerous article such as a firearm, explosive, flammable or combustible material or non-medical oxygen, alcohol, illegal drug, other controlled or illegal substance, or any other items prohibited by applicable law to, or aboard, the Vessel. If Passenger has any such item at time of embarkation, then before entry on the Vessel, Passenger shall surrender it to the Captain, and consents to the Captain disposing or destroying or giving it to authorities. Additionally, Passenger must not cause damage to the vessel or its contents, whether intentionally or unintentionally. You agree to accept responsibility, reimburse and/or indemnify Carrier for any loss, damage or expense whatsoever related to the presence of any service animal or any dangerous or illegal items brought on the cruise or related to any action that may cause damage to the Vessel or its contents. You further agree to determine and meet any documentary or other requirements related to bringing the service animal onboard the Vessel and agree that you may be removed from the cruise without compensation of any kind if any action is perceived by the Captain as being detrimental to the Vessel, its contents or to the comfort, safety, enjoyment or wellbeing of other guests.

6. VALUABLES

Hand or unlocked luggage, breakables, jewellery, money, precious stones, securities, financial instruments, tickets and any other valuables and personal items which include but are not limited to dental hardware, eyewear, hearing aids, medications and medical equipment, electronics, computers, cameras, and cellular telephones must be hand- carried by Passenger on and off the Vessel, and must not be included with check-in Baggage. Carrier shall not be responsible for loss of or damage to any such item under any circumstances.

7. LIABILITY LIMITATIONS FOR LOSS OF AND/OR DAMAGE TO PROPERTY

• THE TOTAL VALUE OF BAGGAGE, VALUABLES AND OTHER PERSONAL BELONGINGS OF A PASSENGER WHO DOES NOT DEPOSIT THEM FOR SAFEKEEPING AS DESCRIBED IN THIS CONTRACT, SHALL BE DEEMED NOT TO EXCEED U.S. $200. SUBJECT TO SUBESCTION (C) BELOW, CARRIER’S LIABILITY TO A PASSENGER, IF ANY, FOR LOSS OF OR DAMAGE TO SUCH BELONGINGS IS LIMITED TO A MAXIMUM OF U.S. $200.
• Carrier can provide safekeeping for valuables aboard the Vessel and encourages Passenger to deposit Passenger’s jewellery and other valuables brought aboard the Vessel with the designated officer. That officer will issue Passenger a receipt for the valuables. Carrier shall not be liable for loss of or damage to jewellery, money, precious stones, securities, financial instruments, tickets or other valuables unless delivered to the designated officer and a receipt issued. The value of articles delivered to such officer for safekeeping shall be deemed in all cases not to exceed U.S. $200, unless Carrier agrees expressly in writing to a higher value for the article at the time of delivery to the designated officer.

issued. The value of articles delivered to such officer for safekeeping shall be deemed in all cases not to exceed U.S. $200, unless Carrier agrees expressly in writing to a higher value for the article at the time of delivery to the designated officer.

• EXCEPT AS SPECIFICALLY STATED ELSEWHERE IN THIS CONTRACT, CARRIER SHALL HAVE NO LIABILITY FOR LOSS OF OR DAMAGE TO BAGGAGE OR PERSONAL EFFECTS. PERSONAL BELONGINGS LOST IN ANY PUBLIC AREA, OR ELSEWHERE, WHETHER ON BOARD THE VESSEL OR ELSEWHERE, ARE NOT REIMBURSABLE. LOSS DUE TO ORDINARY WEAR AND TEAR, PERIL OF THE SEA OR OTHER WATERWAY, OR ACT-OF-GOD IS NOT REIMBURSABLE. SETTLEMENT OF A REIMBURSABLE CLAIM FOR LOST BELONGINGS WILL BE AT THE LESSER OF ACTUAL CASH VALUE (REPLACEMENT COST LESS DEPRECIATION) OR COST. SETTLEMENT OF A REIMBURSABLE CLAIM FOR A DAMAGED ITEM WILL BE AT THE LESSER OF COST OF REPAIR OR ACTUAL CASH VALUE, OR REPLACEMENT COST. NO AMOUNT SHALL BE PAID IN SETTLEMENT OF A CLAIM WITHOUT PROOF OF THE ACTUAL CASH VALUE OR REPAIR COST, AS APPROPRIATE, ARISING FROM THE LOSS OR DAMAGE. THE PROOF MUST BE SENT TO AND RECEIVED BY CARRIER.

8. LIMITS OF CARRIER’S LIABILITY FOR ILLNESS, INJURY OR DEATH; ACTS BEYOND CARRIER’S CONTROL; INDEPENDENT CONTRACTORS; TIME LIMITS FOR CLAIMS AND SUITS:

• LIMITATIONS OF LIABILITY FOR ILLNESS, INJURY OR DEATH UNDER APPLICABLE CONVENTIONS:
  • (i) FOR CRUISES ON THE RHINE AND ITS ADJACENT RIVERS, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT FOR DEATH, ILLNESS AND/OR PERSONAL INJURY AS PROVIDED UNDER THE STRASBOURG CONVENTION ON THE LIMITATIONS OF LIABILITY OF OWNERS OF INLAND NAVIGATION VESSELS, (2012) (“CLNI”) AS ADOPTED BY SWITZERLAND. THE CLNI LIMITS CARRIER’S LIABILITY TO 60,000 UNITS OF ACCOUNT OR SPECIAL DRAWING RIGHTS, “SDR’S” AS DEFINED BY THE INTERNATIONAL MONETARY FUND (APPROXIMATELY $83,000 U.S. DOLLARS, WHICH FLUCTUATES DEPENDING ON A DAILY EXCHANGE RATE AS MAY BE FOUND AT WWW.IMF.ORG) MULTIPLIED BY THE NUMBER OF PASSENGERS THE SHIP ACCORDING TO ITS CERTIFICATE IS ALLOWED TO CARRY, NOT TO EXCEED IN ANY EVENT MORE THAN 12 MILLION UNITS OF ACCOUNT TO APPLY TO THE AGGREGATE OF ALL CLAIMS ARISING AGAINST CARRIER OUT OF AN OCCURRENCE.
  • (ii) FOR ALL OTHER CRUISES, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS APPLICABLE TO IT FOR DEATH, ILLNESS AND/OR PERSONAL INJURY AS PROVIDED UNDER THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1974, AS WELL AS THE PROTOCOL TO THE CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1976 (“ATHENS CONVENTION”), AS ADOPTED BY SWITZERLAND. THE ATHENS CONVENTION LIMITS CARRIER’S LIABILITY TO A PASSENGER TO NO MORE THAN 46,666 SDR’S (APPROXIMATELY $65,000 U.S. DOLLARS, WHICH FLUCTUATES DEPENDING ON A DAILY EXCHANGE RATE AS MAY BE FOUND AT IMF.ORG).
  • (iii) IN ADDITION TO ALL THE RESTRICTIONS AND EXEMPTIONS FROM LIABILITY PROVIDED IN THE CLNI AND THE ATHENS CONVENTION, CARRIER SHALL, AS A CHOICE OF LAW, HAVE THE BENEFIT OF ANY LIMITATION OF OR EXONERATION FROM LIABILITY UNDER THE CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976; NAMELY 60,000 SDRS (APPROXIMATELY U.S. $83,000) MULTIPLIED BY THE NUMBER OF PASSENGERS THE SHIP, ACCORDING TO ITS CERTIFICATE, IS ALLOWED TO ACCOMMODATE; NOT TO EXCEED IN ANY EVENT MORE THAN TWENTY-FIVE (25) MILLION SDRS TO APPLY TO THE AGGREGATE OF ALL CLAIMS WHICH ARISE ON ANY DISTINCT OCCASION AGAINST CARRIER, WITH RESPECT TO DAMAGES SUFFERED ON AN INLAND NAVIGATION SHIP, NOT TO BE LESS THAN 720,000 SDRS OR MORE THAN (A) 3 MILLION SDRS FOR SHIPS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF NOT MORE THAN 100; (B) 6 MILLION SDRS FOR SHIPS WITH AN AUTHORISED PASSENGER TRANSPORT CAPACITY OF NOT MORE THAN 180; AND (C) 12 MILLION SDRS FOR SHIPS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF MORE THAN 180.
  • (iv) Nothing in this Contract is intended to nor shall it operate to limit or deprive Carrier of any such rights to limitation of or exoneration from liability as set forth in the above-referenced Conventions. The provisions of the Conventions may be viewed at: amawaterways.couk/conventions.

• NOTICE OF CLAIMS AND TIME LIMITS TO FILE SUIT; FORFEITURE OF CLAIMS: PASSENGER MAY NOT MAINTAIN A LAWSUIT AGAINST CARRIER OR THE VESSEL, NOR WILL CARRIER OR THE VESSEL BE LIABLE, FOR DEATH, INJURY OR ILLNESS OF THE PASSENGER, AND ANY SUCH CLAIM SHALL BE FORFEITED, UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS IS DELIVERED TO CARRIER NOT LATER THAN SIX (6) MONTHS AFTER THE DATE THE DEATH, INJURY OR ILLNESS OCCURRED, AND A LAWSUIT ON SUCH CLAIM IS COMMENCED IN THE FORUM DESIGNATED IN SECTION 9 BELOW NOT LATER THAN ONE (1) YEAR AFTER THE DATE OF SUCH DEATH, INJURY OR ILLNESS.. FOR ALL OTHER CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOSS OR DAMAGE TO BAGGAGE, BREACH OF CONTRACT, VIOLATIONS OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY LAWS, OR OTHER STATUTORY, CONSTITUTIONAL OR LEGAL RIGHTS, OR OTHER CLAIM WHATSOEVER, PASSENGER MAY NOT MAINTAIN A LAWSUIT AGAINST CARRIER OR THE VESSEL, AND ANY SUCH CLAIM SHALL BE FORFEITED, UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS IS DELIVERED TO CARRIER NOT LATER THAN THIRTY (30) DAYS AFTER THE DATE OF DISEMBARKATION, AND A LAWSUIT ON SUCH CLAIM IS COMMENCED IN THE FORUM DESIGNATED IN SECTION 9 BELOW NOT LATER THAN SIX (6) MONTHS AFTER THE DATE OF DISEMBARKATION. IN THE CASE OF A CLAIM BY OR ON BEHALF OF A MINOR OR LEGALLY INCOMPETENT PERSON, THE TIME PERIODS SET FORTH IN THIS PARAGRAPH SHALL BEGIN TO RUN ON THE EARLIER OF: (I) DATE OF APPOINTMENT OF A LEGAL REPRESENTATIVE FOR THE MINOR OR LEGALLY INCOMPETENT PERSON, OR THEIR ESTATE; OR (II) THREE (3) YEARS AFTER THE DATE OF DEATH, INJURY OR DAMAGE, AS APPLICABLE.

• ACTS BEYOND CARRIER’S CONTROL: CARRIER SHALL NOT BE LIABLE TO PASSENGER OR ANY OTHER PERSON OR ENTITY FOR INJURY TO OR ILLNESS OR DEATH OF PASSENGER OR PERMANENT OR TEMPORARY LOSS OF OR DAMAGE TO PASSENGER’S PROPERTY, DELAY OR OTHER LOSS OF ANY KIND CAUSED BY ACT OF GOD, WAR OR WARLIKE OPERATION, TERROR, CIVIL COMMOTION, LABOR TROUBLE, INTERFERENCE BY AUTHORITY, POLITICAL DISTURBANCE, PERIL OF THE SEA, LURCHING OF VESSEL, OR OTHER CAUSE BEYOND CARRIER’S CONTROL; FIRE, THEFT, CRIME, ERROR IN NAVIGATION OR MANAGEMENT OF VESSEL OR DEFECT IN OR UNSEAWORTHINESS OF HULL, MACHINERY, EQUIPMENT, FURNISHING OR SUPPLIES OF THE VESSEL, FAULT OR NEGLECT OF PILOT, AGENT OR INDEPENDENT CONTRACTOR OR ANY OTHER CAUSE OF ANY NATURE EXCEPT AND UNLESS THE INJURY, ILLNESS, DEATH, DAMAGE, DELAY OR LOSS RESULTED FROM CARRIER’S NEGLIGENT ACT OR OMISSION.

IN VARIOUS EUROPEAN PORTS, THE CARRIER SHALL BE REQUIRED BY LOCAL PORT AUTHORITIES TO MOOR THE VESSEL ALONGSIDE ANOTHER VESSEL ALREADY AT BERTH, OR ANOTHER VESSEL MAY BE DIRECTED TO MOOR ALONGSIDE THE VESSEL WHILE AT BERTH. THE BERTHING ARRANGEMENT AT THESE VARIOUS PORTS MAY RESULT IN PASSENGER HAVING LIMITED ACCESS TO THE STATEROOM BALCONY AND/OR AN OBSTRUCTED VIEW OF THE VESSEL SURROUNDINGS. PASSENGERS MAY BE REQUIRED TO DISEMBARK THE VESSEL BY TRAVERSING THROUGH THE PASSENGER AREAS OF THE OTHER VESSEL TO THE QUAYSIDE OR PIER. CARRIER SHALL NOT BE LIABLE TO PASSENGER FOR ANY RESULTING CLAIM BY PASSENGER ARISING FROM THE MOORING ARRANGEMENT IN ANY PORT, WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE.

• CLAIMS FOR EMOTIONAL DISTRESS: CARRIER SHALL NOT BE LIABLE TO PASSENGER UNDER ANY CIRCUMSTANCE FOR INFLICTION OF EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WHICH WAS NOT: (A) THE RESULT OF PHYSICAL INJURY TO PASSENGER; (B) THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY; OR (C) INTENTIONALLY INFLICTED BY AN OFFICER OR AGENT OF CARRIER.

• INDEPENDENT CONTRACTOR/SHORE TOURS/LIMIT OF LIABILITY: CARRIER MAKES NO REPRESENTATION OR WARRANTY CONCERNING, AND SHALL HAVE NO RESPONSIBILITY FOR, ANY TOUR, SHORE EXCURSION, HOTEL, RESTAURANT, TRANSPORTATION (WHETHER A VESSEL, AIR, RAIL, LAND OR OTHER MEANS) OR OTHER SERVICE NOT OWNED OR OPERATED BY CARRIER. CARRIER SHALL HAVE NO OBLIGATION OR LIABILITY TO PASSENGER FOR ANY ACT OR OMISSION IN CONNECTION WITH OR ARISING OUT OF ARRANGEMENTS BY PASSENGER OR CARRIER WITH INDEPENDENT CONTRACTORS. ARRANGEMENTS WITH INDEPENDENT CONTRACTORS INCLUDE, BUT ARE NOT

LIMITED TO: (1) AIRLINE AND SURFACE TRANSPORTATION; (2) SERVICES OR PRODUCTS OF OTHERS, AVAILABLE FOR PASSENGER’S CONVENIENCE ABOARD THE VESSEL; (3) SERVICES, PRODUCTS OR TRANSPORTATION OFF THE VESSEL FURNISHED BY OTHERS, INCLUDING WITHOUT LIMITATION, SIGHT-SEEING TOURS, PRE-CRUISE AND POST-CRUISE TOURS, EXCURSIONS, SHORE TRIPS AND TENDER SERVICE, WHETHER ARRANGED OR ORGANISED BY A TOUR OPERATOR, TRAVEL AGENT OR BY CARRIER. IN PROVIDING OR SELLING RESERVATIONS OR TICKETS IN CONNECTION WITH ANY SUCH OPTIONAL ACTIVITIES, OR BY ACCOMPANYING YOU DURING SUCH ACTIVITIES, CARRIER DOES SO AS A CONVENIENCE TO PASSENGERS AND SHALL BE ENTITLED TO IMPOSE A CHARGE AND EARN A PROFIT FROM THE SALE OF SUCH EXCURSIONS, SERVICES OR TRANSPORTATION, BUT DOES NOT UNDERTAKE TO SUPERVISE OR CONTROL SUCH INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES, CONVEYANCES OR FACILITIES, AND ACCEPTS NO LIABILITY FOR ANY LOSS, DELAY, DAMAGE, INJURY, DEATH, MISREPRESENTATION OR DISAPPOINTMENT WHATSOEVER RESULTING THEREFROM. CARRIER MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY, SAFETY, INSURANCE OR OTHER ASPECTS OF ANY SUCH INDEPENDENT CONTRACTORS, TRANSPORTATION, TOURS, SERVICES, PRODUCTS OR FACILITIES, AND CARRIER’S LIABILITY FOR NON-PERFORMANCE OF ANY INDEPENDENT CONTRACTOR PROVIDING SUCH FACILITIES OR SERVICES SHALL BE LIMITED TO A REFUND OF THE AMOUNTS RECEIVED BY CARRIER ON THE PASSENGER’S BEHALF, IF ANY.

• Medical Treatment: No doctor or nurse is employed by Carrier on the Vessel. Any medical attention required or desired by Passenger during the trip must be sought at local facilities. Carrier makes no representation or warranty that any such service is or will be available at any particular time or place. Passenger shall be responsible for all costs and expenses of medical services, treatment, medications and assistive devices. Carrier shall have no liability for any cost of, or incurred in connection with, medical services, or for quality or any aspect of treatment Passenger receives. Passenger consents to receiving treatment by medical professionals designated by Carrier, and agrees to bear the cost of such treatment, in any circumstance in which Passenger is or appears unable to request or authorise medical treatment and, the Vessel’s officer believes medical attention is necessary (even if such belief is incorrect).

9. JURISDICTION, CHOICE OF LAW AND FORUM

THE RESOLUTION OF ANY AND ALL CLAIMS AGAINST CARRIER, RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT AND/OR PASSENGER’S TRAVEL SHALL BE GOVERNED EXCLUSIVELY BY THE LAWS OF SWITZERLAND, EXCLUDING RULES OF CONFLICTS OF LAWS, WHICH THE PASSENGER AGREES REPLACES, SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY STATE OR NATION TO THE CONTRARY. PASSENGER AGREES THAT ALL CLAIMS WHATSOEVER ARISING OUT OF OR RELATING TO THIS CONTRACT OR PASSENGER’S TRAVEL SHALL BE LITIGATED BEFORE THE “CIVIL COURT IN BASEL (“ZIVILGERICHL BASEL-STADT), SWITZERLAND”, TO THE EXCLUSION OF THE JURISDICTION OF COURTS OF ANY OTHER COUNTRY. PASSENGER CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION TO VENUE OR PERSONAL JURISDICTION THAT MAY BE AVAILABLE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN SAID COURT.

10. CLASS ACTION WAIVER

THIS PASSENGER TICKET CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.

11. THIRD PARTY BENEFICIARIES:

Passenger agrees that all rights, exemptions from and exclusions of liability, defences and immunities in this Contract for the benefit of Carrier or the Vessel, shall also benefit any servant, agent or independent contractor of Carrier acting in the course of, or in connection with, their employment or engagement so that in no circumstance shall any such servant, agent or independent contractor, as the result of so acting, be under any liability to Passenger in excess of or of a different nature than that of Carrier.

12. CARRIER’S RIGHT TO CANCEL CRUISE OR CHANGE ITINERARY

No sailing or aspect of travel is guaranteed. Carrier reserves the right, without liability for damages or refund, to advance, alter, delay, amend, cancel, shorten or lengthen any sailing, deviate from the Vessel’s advertised or ordinary itinerary or route, omit or change any port(s)-of-call, arrange for substantially equivalent transportation by another vessel and/ or other means of transportation, including without limitation coach or other land transportation, whether belonging to Carrier or not, and to cause Passenger to disembark from the Vessel temporarily or permanently. For example, if performance of the voyage is hindered or prevented, or in Carrier’s opinion may be hindered or prevented (even if the opinion is incorrect) by war, terror, hostility, piracy, embargo, blockade, weather, high or low water level, ice, labour conflict, breakdown, congestion, lock malfunction, docking difficulty, or other cause, or if a government or other organization issues an advisory or announcement regarding travel conditions, or if Carrier considers that for any reason, proceeding to, attempting to enter, entering or remaining at a place of disembarkation, or traveling a particular route, may expose the Vessel or any crew or Passenger(s) to risk of injury, loss or damage or delay, or to assist another vessel or try to protect or save life or property, or for other humanitarian goal: (a) Passenger and Passenger’s property may be landed at the place of embarkation or any place Carrier or the Captain decides, and Carrier’s responsibility shall cease at that place and this Contract shall be deemed to have been fully performed by Carrier; or (b) if Passenger has not embarked, Carrier may cancel the proposed voyage and refund money or fares paid; or (c) Carrier or the Captain may take other action it, he or she deems appropriate, including but not limited to operating the cruise as scheduled, deviating from the Vessel’s advertised or ordinary itinerary or route, delaying, advancing or cancelling any sailing, omitting or changing any port(s)-of-call, towing or being towed, transferring Passenger and Passenger’s Baggage to any other vessel and/or to other means of transportation whether belonging to Carrier or not, and/or causing Passenger to disembark temporarily. In a cancellation prior to sailing, Carrier’s only liability will be to refund to Passenger the amount Carrier received pursuant to this Contract. If the cruise is shortened or terminated, Carrier will have the option to make a proportionate refund of the fare or transfer Passenger to another ship or to the port of disembarkation by other means. If the scheduled length of the cruise increases, Passenger will have no responsibility for the cost of any additional fare, and Carrier will have no responsibility to pay or compensate Passenger for any loss or damage, including consequential damages.

13. PASSENGER’S WARRANTIES; CARRIER’S RIGHTS TO REFUSE PASSAGE, DISEMBARK OR CONFINE PASSENGER

Passenger represents and warrants that Passenger: (a) is physically, emotionally and in all other respects fit to travel; (b) is free from any ailment that creates material risk to Passenger or others from participation in the voyage; (c) will at all times comply with all rules and regulations of the Vessel and all orders and directions of the Vessel’s officers and staff; and (d) will not act or behave in any way that inconveniences or impairs the safety, enjoyment or wellbeing of other persons or the safety of the Vessel. Carrier or the Captain shall have the right, without liability for refund, payment, compensation or credit of any kind, to refuse boarding, refuse to transport Passenger, refuse further transport of Passenger, land Passenger at any port or place, confine, quarantine or restrain Passenger, or transfer Passenger to other transportation, based on health or physical condition, mental disorder, violation of a Vessel rule or regulation, failure to follow order or direction of Vessel officer or staff, failure to possess necessary passport, visa and health or vaccination certificate, disruptive behaviour, concern that Passenger may be excluded from landing at or entry to a destination by a government’s immigration or other authority, or other cause indicating Passenger is unfit or raising doubt about Passenger’s fitness to travel on the Vessel, or for any other reason deemed necessary in the sole judgment of the Carrier or Captain (but no such action will be taken for an unlawfully discriminatory reason). If Passenger is refused passage or voluntarily or involuntarily disembarked from the Vessel for a reason described in this section, or other reason including, but not limited to, personal, medical, or business reason, Carrier will have no obligation to refund any portion of the fare received by Carrier, or be responsible for any of Passenger’s costs or other losses.

14. PASSENGERS WITH DISABILITIES:

Carrier does not discriminate unlawfully on the basis of disability. Because the tours offered occur in various countries, accessible facilities may not be available on board or in many places visited on the cruise and cruise tours we offer. If You (Passenger) have a disability and reasonable accommodation may enable You to use our services, please let Carrier know how we can help. Passenger is requested to inform Carrier in writing, at or immediately after reserving passage, but in any event at the earliest possible time, of any mobility impairment or other physical, emotional or mental condition which may require accommodation or use of an assistive device during the cruise. If the impairment or condition first arises after booking, Passenger is requested to inform Carrier in writing at the earliest possible time. Carrier will consider and may confer with Passenger, regarding possible accommodations. Depending on applicable law, Carrier may: (a) require that a Passenger who, due to impairment, is not self-sufficient, travel with a companion who shall take responsibility for any assistance needed during the voyage and in case of emergency; and (b) exclude an individual with a disability that would result in a direct threat to the health and safety of others or to that individual, if Carrier determines there is a significant risk that cannot be eliminated or reduced to an acceptable level by reasonable modifications to Carrier policies, practices and/or procedures or by appropriate assistive devices or services. If Passenger fails to timely inform Carrier of any impairment or condition and/or it is determined, that Passenger’s continued participation poses a safety risk to Passenger or direct health or safety threat to others, Passenger may be excluded from embarking or further participation. Carrier and personnel aboard the Vessel shall have no liability to Passenger relating to any Passenger condition, treatment, failure to inform Carrier of an impairment or resulting exclusion.

15. CHILDREN

Any person under age 18 must be accompanied by an adult over age 21 who is the child’s parent or legal guardian, or who, prior to Vessel departure, provides Carrier the Parental Consent Guardianship Form signed by the parent or legal guardian

16. ALCOHOL

Carrier reserves the right not to serve any Passenger alcoholic beverages for any reason and as may be required to comply with local laws.

17. SMOKING

Smoking is only allowed in designated areas. If a Passenger smokes in non-designated areas, such act constitutes a material breach of this Contract. In the event of such breach, Passenger forfeits all rights including the right to occupy the cabin and stay on board the ship. Carrier may also charge a reasonable cleaning fee to eliminate smoking odours.

18. USE OF PASSENGER’S LIKENESS

Passenger agrees that Carrier and its designated partners shall have the right to include photographic, video, audio and visual portrayals in any medium whatsoever for the purpose of advertising, promotion, publicity or otherwise without compensation to Passenger and all rights, title and interest including worldwide copyrights shall be Carrier’s sole property free from any claims by Passenger or any person deriving any rights or interest from the Passenger.

19. INDEMNITY BY PASSENGER

Passenger shall indemnify, defend and hold Carrier harmless for all penalties, fines, charges, losses, damages, costs and expenses incurred or imposed on Carrier or the Vessel due to any act or violation of law by Passenger.

20. CONSENT TO SEARCH AND SEIZURE

Passenger consents to any search of Passenger’s person, Baggage or other property, within the Passenger’s cabin, personal safe or any location, with or without notice, and to the removal, confiscation and destruction of any contraband or other item(s) which are prohibited by Section 5, or, in the opinion of Carrier or the Captain, may impair Vessel safety or adversely affect the safety, comfort, enjoyment or wellbeing of other Passengers.

21. PAYMENT BY PASSENGER AND EXTRA EXPENSES

Any and all payments by Passenger to Carrier shall be made in United States dollars. All charges for services and products provided on board the Vessel must be paid in cash or charged to a credit or debit card acceptable to Carrier before Passenger’s final disembarkation from the Vessel. Any other expenses incurred by Passenger or by Carrier on behalf of Passenger shall be payable by Passenger on demand.

22. CANCELLATION CHARGES (Not Applicable for Part Charters or Full Charters)

In the unfortunate event a participant must cancel travel, notice to us must be via email, which must include a return receipt and a read notation, or other writing stating clearly and correctly each Passenger name, ship name, start and end date of the cruise and a brief statement of the reason for cancellation. If already issued, unused air tickets must be physically returned to us before they can be cancelled. Cancellation date is the date we receive the written cancellation notice of unused tickets. A change in sailing date, name changes, the substitution of a participant or a reduction in the number of guests in a stateroom are treated as a cancellation in that all applicable cancellation charges apply. Cancellation charges are per- person, based upon cancellation date, as follows: (i) more than 121 days before departure: £135 per person (Egypt bookings are £400 per person and Africa bookings are £800 per person); (ii) 120-90 days before departure: £270 per person (loss of deposit) (Egypt bookings are £800 per person (loss of deposit) and Africa bookings are £1,600 per person (loss of deposit)); (iii) 89-60 days before departure: 35% of cruise or cruise and land price; (iv) 59-32 days before departure: 50% of cruise or cruise and land price; (v) 31 days or less before departure: 80% of cruise or cruise and land price; (vi) 6 days or less before departure: 100% of cruise or cruise and land price. Cancellation charges also apply to additional charges for upgrades, transfers and other pre-purchased services. Protection plan premiums are non-refundable. Additional cancellation fees apply for air tickets. Except as otherwise provided in Section 11, after travel begins, there is no refund for unused services or unused portions of cruise or cruise/tour. You acknowledge that your cancellation will cause Carrier

difficulty in selling a replacement cruise or cruise & land reservation and thus the cancellation fees described apply regardless of whether your cruise or cruise & land reservation is resold. You agree that any losses sustained by the Carrier in the event of cancellation would be very difficult or impossible to quantify, and the cancellation fees are fair and reasonable as liquidated damages.

23. UNCLAIMED PROPERTY

Any unclaimed or abandoned personal property that comes into custody or control by Carrier may be disposed of after 45 days under any circumstances. If a Passenger’s identification is available Carrier will make a reasonable effort to contact the traveller and attempt to return the item(s) within 45 days. The Passenger will be responsible for any and all fees for storage, shipping and handling to return the item(s).

24. TRAVEL AGENT

Your travel agent acts for You in making the arrangements for Your travel. Carrier is not responsible for any representation or conduct of Your travel agent, including but not limited to, any failure to remit Your deposit or other funds to Carrier, for which You shall at all times remain liable to Carrier, or any failure to remit a refund from Carrier to You. You acknowledge that Your travel agent acts solely as Your agent, and not as agent for Carrier, and is deemed as Your agent. You further agree that receipt by Your travel agent of this Contract or any other communications, notices or information from Carrier shall constitute receipt of such materials by You.

25. NO SOLICITATION

Passenger agrees not to solicit other Passengers for commercial purposes or advertise goods or services on board the Vessel without Carrier’s prior written permission.

26. INTERPRETATION

If any provision of this Contract is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed to be severed from this Contract and of no force and effect and all remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed to be replaced by a lawful provision or reduced to a lawful scope, in either case, that is as close to the purpose and economic content of the invalid or unenforceable provision as is lawful. Headings in this Contract are only for convenient reference and shall not be used to interpret, construe, define or limit any provisions hereof. Whenever the context requires, references to the male gender shall include the female and neuter, and references to the singular shall include the plural, and vice-versa. Passenger acknowledges that the travel contemplated by this Contract is voluntary; Passenger is not obligated to purchase services from Carrier, and thus is not obligated or in any way forced to enter into this Contract. The provisions of this Contract were developed to achieve a delicate balance and exchange of rights, remedies, limitations, exclusions, risks and risk management and economics between Passenger and Carrier; and the balance provides substantial benefits to Passenger, which Carrier could not offer at the attractive price(s) offered, but for the delicate balance in this Contract. Accordingly, the provisions of this Contract shall be interpreted and construed according to their fair meanings and not strictly for or against any party.

27. WARRANTIES/CONSEQUENTIAL DAMAGES EXCLUDED

ALL WARRANTIES INCLUDING WARRANTIES OF FITNESS FOR USE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED FROM THIS CONTRACT. CARRIER SHALL UNDER NO CIRCUMSTANCE BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THERE IS NO WARRANTY THAT EXTENDS BEYOND THE DESCRIPTION OF THE FACE HEREOF. TO THE EXTENT PERMITTED BY LAW, CARRIER SHALL BE EXCLUDED FROM LIABILITY FOR EXEMPLARY OR PUNITIVE DAMAGES.

28. ENTIRE AGREEMENT

THE PROVISIONS OF THIS PASSENGER TICKET CONTRACT ARE THE ENTIRE AGREEMENT AND A BINDING CONTRACT BETWEEN PASSENGER AND CARRIER. PASSENGER’S ACCEPTANCE OR USE OF THIS CONTRACT CONSTITUTES PASSENGER’S CONSENT TO THESE PROVISIONS. THESE PROVISIONS SUPERSEDE ANY PRIOR ORAL, IMPLIED, OR WRITTEN REPRESENTATIONS AND AGREEMENTS BETWEEN YOU AND CARRIER. ANY CLAIMED CHANGE IN THESE PROVISIONS IS NOT EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY THE PRESIDENT OF CARRIER (AND SUCH SIGNATURE MAY BE CONDITIONED ON A COMMENSURATE INCREASE IN FARE).