Terms Conditions

CRUISE YEAR
2019|2020

 

BOOKING CONDITIONS

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

It is important that you read the following booking conditions carefully as they are the basis of your contract with AmaWaterways Limited.

Definitions

  1. References within the booking conditions to “departure dates” means the date the services we have agreed to provide commence.
  2. The references to “you” and “your” means the persons named in the booking (including any person or persons added or substituted subsequently).
  3. “We” “Us” and “Our” means AmaWaterways Limited.
  4. References to “arrangements”, “travel arrangements” or “holiday” mean the services we have agreed to provide to or provide you with 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 all 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 wish to do so and you are resident in Scotland or Northern Ireland.

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 if we are not notified of any inaccuracies within 7 days of issue of the booking confirmation invoice to you.

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

1.6 When you book your holiday it may not be possible to confirm your precise air or rail arrangements due to airline and rail operator booking restrictions. 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. These may also be subject to change by your airline or rail operators.

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.

 

2 Special Requests

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. Confirmation that a request has been noted will be acknowledged by email. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking.

 

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 When you make your booking you are required to pay a deposit of £270 per person for Europe and Asia itineraries and £1,600 per person for Africa itineraries or any other such deposit as advised at the time of booking (“the cruise deposit”). In addition, you will be required to pay the whole non-refundable amount of your air or rail travel, such amount being advised to you at the time of booking. For the Concierge Golf Programme, an additional deposit of £270 per person is required at the time of booking. If applicable, any Visa fees must also be paid in full in addition to the deposit. In addition, any Hotel Extra Nights will require at the time of confirmation of availability payment of a non-refundable deposit of £35 per stateroom. All prices shown are per person. The balance of the price of your holiday must be paid by the date shown in your booking confirmation invoice. It would usually be 90 days before your departure date. If your travel is due to commence within 90 days of your booking, then the total price should be 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. 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 each and all of the component parts described within your booking confirmation invoice.

4.4 Not included in the price of your holiday is travel insurance, excess 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 are not included in the cost of your holiday unless specifically stated.

4.5 Changes in the cost of the following mean that the price of your travel arrangement 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 pay 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 insurance premiums and 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 and any further costs we may incur in making this alteration. When changing your travel arrangements, the price will be based on the price applied on the date you make the change. The price may not be the same as when you first made your booking.

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:

  1. That person is introduced by you and satisfies each and all of the conditions applicable to the booked holiday;

  2. We are notified in writing of the request for transfer not later than 7 days before departure;

  3. 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;

  4. The transferee agrees to these booking conditions, and all of the terms of the Contract between us.

  5. 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 departure date, airport, transportation, destination, accommodation or length of travel must apply to all members of your booking.

5.7 If you have taken out travel insurance it may not be possible to change or cancel this and as such, any premium cannot be refunded.

5.8 Scheduled airlines do not allow name changes prior to departure and may not allow these after the flight ticket has been issued. If you wish to make a name change and this is not permitted by your airline, it will be necessary to cancel your flight, lose the money paid in respect of that flight and pay the full cost of another flight, which may not be the same flight or at the same cost as the one you have cancelled.

 

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. 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.

 

DAYS BEFORE DEPARTURE

CRUISE, LAND & CONCIERGE GOLF CANCELLATION CHARGES

AIR & RAIL

CANCELLATION CHARGES

More than 121 days prior to departure

£135 per person – Europe & Asia

£800 per person – Africa

£135 per person additional – Concierge Golf

 

 

 

 

100%

120-90 days

Loss of Deposit

89-60 days

35%

59-30 days

50%

29-7 days

80%

Less than 7 days

100%

6.2 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.

 

6.3 For the purposes of this clause, examples of “unavoidable and extraordinary circumstances” include warfare, acts of terrorism, significant risks to human healthy 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 your destination.

 

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 holiday 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 alteration or cancellation 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 liable for any amendment or any cancellation charges incurred by you in respect of any such independent travel arrangements.

7.3 If, before the start of your holiday, we are constrained by circumstances beyond our control to significantly alter any of the main characteristics 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 significant change may include change of accommodation to that of a lower category and/or price, the 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).

7.4 If we make a significant change or cancel less than 14 days before departure (other than reason of non-payment of travel arrangements by you, events beyond our control (paragraph 8 below) or minimum group size numbers not being reached (paragraph 10 below), we will also pay you compensation as detailed below:

Period of Notice We Give to You Before Departure

Compensation to Each Full Fare Passenger

98+ Days

£0

78-43 Days

£10

42-29 Days

£20

28-15 Days

£30

14-0 Days

£40

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 made by us.

 

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 are constrained to cancel your booking because the minimum numbers of booking required have not been reached and we have notified you within the time periods specified at section (10) of these booking conditions; or

(c) we cancel as a result of your failure to comply with any of the requirements of these booking conditions entitling us to cancel; or 7

(d) we make a significant change or cancel your arrangements more than 14 weeks before departure; or

(e) 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 and if appropriate in all the circumstances we will pay you reasonable compensation.

9.2 Please note that 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 Heathrow, Gatwick, Stansted and Luton are not regarded as significant 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 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

  1. 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;

  2. 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 Passport, Visa, Documentation, Immigration and Health Requirements

13.1 The passport and visa requirements of yourself 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 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.

13.2 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 receipt of all and 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.

13.3 You must provide us with full details of any existing medical condition, allergy or disability that may affect your travel arrangements (including, in particular, any accommodation requirements) at the time of your booking. If in our reasonable opinion your chosen travel arrangements are not suitable for your medical problem 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 problem or disability we can also cancel the booking when we find out full details 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.

13.4 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

13.5 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 must take out suitable insurance for all your needs before you travel, and it is a condition of this contract that you or members of your party do so. 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 and if this reasonable estimate exceeds the amount paid, you must pay the difference once known, 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 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 unacceptable 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. Any complaints which do not involve death, personal injury or illness and which are not made in accordance with this procedure we are unable to accept liability.

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 (ELEA), controls on data protection in your destination country 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

 

THE PACKAGE TRAVEL & LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018

Can be found at: www.legislation.gov.uk/uksi/2018/634/contents/made

 

PASSENGER TICKET CONTRACT

THIS PASSENGER TICKET CONTRACT CONTAINS IMPORTANT TERMS. PLEASE READ ALL OF THIS CONTRACT BEFORE TAKING FURTHER STEPS REGARDING BOOKING YOUR TRAVEL.

NOTICE: THIS IS A LEGALLY BINDING CONTRACT BETWEEN PASSENGER AND COMPANY.

THIS CONTRACT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES, AND PROVIDES PROTECTIONS TO EACH OF THE ENTITIES IDENTIFIED AS “COMPANY” AND THEIR AFFILIATED ENTITIES AND PERSONNEL. FOR EXAMPLE, THIS CONTRACT CONTAINS STRONG LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS REGARDING CLAIMS FOR INJURY TO OR DEATH OF ANY PASSENGER AND LOST OR DAMAGED BAGGAGE OR PROPERTY. PLEASE READ THE ENTIRE CONTRACT, ESPECIALLY SECTIONS 7, 8, 9, 10, AND 26 WHICH LIMIT YOUR RIGHTS TO ASSERT CLAIMS AGAINST COMPANY, THE VESSEL AND OTHERS, AND INCLUDE PROVISIONS RELATING TO GOVERNING LAW, FORUM SELECTION, JURISDICTION AND TIME LIMITS FOR BRINGING LAWSUITS.

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 AGREE TO EXPLICITLY ACCEPT AND BE BOUND BY ALL THE TERMS OF THIS CONTRACT. THIS CONTRACT IS BINDING ON YOU EVEN THOUGH IT DOES NOT REQUIRE YOU OR THE COMPANY TO SIGN IT.

COMPANY ACCEPTS AND CARRIES YOU AND BAGGAGE ONLY ON THESE TERMS. IF YOU DISAGREE WITH, OR ARE UNWILLING TO BE BOUND BY ANY OF THE TERMS OF THIS CONTRACT, PLEASE DO NOT PARTICIPATE IN THE TRAVEL BEING OFFERED BY COMPANY.

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, COMPANY RECOMMENDS THAT YOU OBTAIN YOUR OWN VACATION PROTECTION INSURANCE, TRAVEL INSURANCE, ACCIDENT, LIFE AND OTHER FORMS OF INSURANCE.

THIS CONTRACT IS A BINDING AGREEMENT BETWEEN YOU AND COMPANY, AND COMPANY’S AGENTS, SERVANTS AND EMPLOYEES. THE LIMITS OF LIABILITY CONTAINED IN THIS CONTRACT APPLY TO CLAIMS AGAINST ALL PARTIES LISTED IN THE DEFINITION OF “COMPANY”.

 

  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.

    “Company” means AmaWaterways, Gmbh, an entity organized under the laws of Switzerland, which owns and operates the Vessels and its shareholders, members, owners, directors, officers and employees, the Vessels operated by Company, and the Vessels’ owners, managers, operators, charterers, agents, crew, pilots, and employees. For purposes of the defenses,  limitations  of liability  and the rights  of Company  as stated in this Contract only, the term “Company” also includes, AmaWaterways, LLC, a California limited liability company, Amadeus Waterways, Inc., a California corporation, and Cruising Investments (USA) Ltd, a California corporation, which have ownership interests in one or more of AmaWaterways, Gmbh and/or AmaWaterways, LLC, each parent and/or wholly or partially owned subsidiary entity of these companies and their shareholders, members, owners, directors, officers, sales representatives and employees, and concessionaires, independent contractors, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any Vessel or owned or operated by Company.

    “You,” “Your,” “Guest” and “Passenger” means every person named  on the face of, or traveling 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, including all its terms and conditions, and all treaties, international conventions and other terms that are incorporated by reference into this Passenger Ticket Contract.

    “Vessel” means any ship owned, chartered, operated or provided by Company, whether owned, chartered, operated or provided by Company or by third parties; on which Passenger travels, or any substituted ship, and its tenders or any other similar means of conveyance, including but not limited to the following: AmaMagna; AmaMora; AmaDouro; AmaLea; AmaKristina; AmaViola; AmaStella; AmaSerena; AmaVenita; AmaSonata; AmaReina; AmaPrima; AmaCerto; AmaVerde; AmaBella; AmaLyra; AmaDolce; AmaDante; AmaCello; AmaVida; AmaDara; AmaPura and Zambezi Queen.

  2. NON-TRANSFERABILITY: This Contract grants passage for only the Passenger(s) named on the final documents, and only for the date and Vessel 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 authorized by and on behalf of all Passengers (including minor children) named on the final 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 At embarkation, each Passenger must have already received all medical inoculations necessary for the voyage and must have in his/her possession this Contract, 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. Company advises Passengers to check with their travel agent or the appropriate governmental authority to determine the necessary documents required for travel. Company may refuse boarding or disembark passengers without liability for refund, payment, compensation, or credit of any kind if Passenger does not have proper documentation and timely boards the Vessel prior to departure.

  4. BAGGAGE LIMIT AND LABELING: Each Passenger may bring aboard the Vessel, without additional charge, up to one (1) Additional Baggage will be subject to excess baggage charges. Passenger shall assure that all Baggage is securely packed and distinctly labeled 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 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 Company 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 other guests.

  6. VALUABLES: Hand or unlocked luggage, breakables, jewelry, 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. Company shall not be responsible for loss of or damage to any such item.

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

    1. 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. COMPANY’S LIABILITY TO A PASSENGER, IF ANY, FOR LOSS OF OR DAMAGE TO SUCH BELONGINGS IS LIMITED TO A MAXIMUM OF U.S. $200.

    2. Company can provide safekeeping for valuables aboard the Vessel and encourages Passenger to deposit Passenger’s jewelry and other valuables brought aboard the Vessel with the designated officer. That officer will issue Passenger a receipt for the valuables. Company shall not be liable for loss of or damage to jewelry, 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 Company agrees expressly in writing to a higher value for the article at the time of delivery to the designated officer.

    3. EXCEPT AS SPECIFICALLY STATED ELSEWHERE IN THIS CONTRACT, COMPANY 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 BELONGING 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 COMPANY. COMPANY’S LIABILITY FOR THE LOSS OR DAMAGE MUST FIRST BE PROVEN BEFORE ANY SETTLEMENT WILL BE PAID. 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 Company.

    Company’s liability for the loss or damage must first be proven before any settlement will be paid.

  8. LIMITS OF COMPANY’S LIABILITY; NOTICE OF AND TIME LIMITS FOR CLAIMS:

    1. Limitations of Liability under Applicable Conventions:

      1. For cruises on the Rhine and its adjacent rivers, Company shall be entitled to any and all liability limitations, immunities and rights applicable to it for loss of or damage to luggage and property, death, illness and/or personal injury as provided under the Strasbourg Convention on the Limitations of Liability of Owners of Inland Navigation Vessels, (1988) (“CLNI”) as adopted by Switzerland. The CLNI limits Company’s liability to 60,000 Units of Account or Special Drawing Rights, “SDR’s” as defined by the International Monetary Fund (approximately $92,000 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 Company out of an occurrence.
      2. For all other cruises, Company shall be entitled to any and all liability limitations, immunities and rights applicable to it for loss of or damage to luggage and property, death, illness and/or personal injury as provided under the 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 Company’s liability for death of or personal injury to a Passenger to no more than 46,666 SDR’s (approximately $72,000 U.S. Dollars, which fluctuates depending on a daily exchange rate as may be found at www.imf.org).
      3. In addition to all the restrictions and exemptions from liability provided in the CLNI and the Athens Convention (collectively “Conventions”), Company shall have the benefit of any limitation of or exoneration from liability under any statute or law of any country or any other applicable laws including, without limitation, the Convention on Limitation of Liability for Maritime Claims, Nothing in this Contract is intended to nor shall it operate to limit or deprive Company of any such rights to limitation of or exoneration from liability.
      4. The provisions and limitations of each of the Conventions are deemed to be incorporated by this reference into this The Conventions in most cases limit Company’s liability for death, personal injury, and lost or damaged property. The provisions of the Conventions may be viewed at: www.amawaterways.com/conventions.
    2. Notice Of Claims And Time Limits To File Suite: Passenger may not maintain a lawsuit against Company or the Vessel, nor will Company or the Vessel be liable, for loss of life or bodily injury unless written notice of the claim is delivered to Company not later than six (6) months after the date of death or injury, the lawsuit is commenced not later than one (1) year after the date of death or injury, and valid service of the lawsuit on Company or the Vessel, as applicable, is made within ninety (90) days after commencement of the 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, Passenger may not maintain a lawsuit against Company or the Vessel, unless Company is provided written notice of the claim within thirty (30) days after the date of disembarkation, the lawsuit is commenced not later than six (6) months after the date of disembarkation, and valid service of the lawsuit on the Vessel or Company, as applicable, is made within thirty (30) days after commencement of the lawsuit. In the case of a claim by or on behalf of a minor or legally incompetent person, the above time periods 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.

    3. Acts Beyond Company’s Control: Company  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 Company’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 Company’s negligent act or omission.

    4. Claims for Emotional Distress: Company 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 Company.

    5. Independent Contractor/Shore Tours/Limit Of Liability: Company 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 Company shall have no obligation or liability to Passenger for any act or omission in connection with or arising out of arrangements by Passenger or Company 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 organized by a tour operator, travel agent or by Company. In providing or selling reservations or tickets in connection with any such optional activities, or by accompanying You during such activities, Company 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. Company 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 Company’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 Company on the Passenger’s behalf, if any.

    6. Medical Treatment: No doctor or nurse is employed by Company on the Any medical attention required or desired by Passenger during the trip must be sought at local facilities. Company 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. Company 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 Company, and agrees to bear the cost of such treatment, in any circumstance in which Passenger is or appears unable to request or authorize medical treatment and, the Vessel’s officer believes medical attention is necessary (even if such belief is incorrect).

    7. PASSENGER AGREES THAT IF EITHER: (i) THE WRITTEN CLAIM IS NOT MADE WITHIN THE TIME PROVIDED IN THIS SECTION 8, OR

      (ii) THE SUIT IS NOT COMMENCED WITHIN THE TIME PROVIDED    IN THIS SECTION 8, THEN IN EITHER CASE, PASSENGER SHALL BE DEEMED TO HAVE WAIVED AND RELEASED ANY RIGHT TO MAKE A CLAIM AGAINST COMPANY FOR ANY SUCH BODILY INJURY, EMOTIONAL DISTRESS OR INJURY OR DEATH OR ANY OTHER DAMAGE OR LOSS.

  9. JURISDICTION, CHOICE OF LAW AND FORUM: Passenger acknowledges that AmaWaterways Gmbh is based in Basel, Switzerland. Accordingly, this Contract is deemed to be made and entered into in Basel, Switzerland. The resolution of any and all claims 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 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. THIRD PARTY BENEFICIARIES: Passenger agrees that all rights, exemptions from and exclusions of liability, defenses and immunities in this Contract for the benefit of Company or the Vessel, shall also benefit any servant, agent or independent contractor of Company 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 Company.

  11. ITINERARY/RIGHT TO CHANGE/DETENTION: No sailing  or aspect of travel is Company 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 Company 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 Company’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, labor 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 Company 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 Company or the Captain decides, and Company’s responsibility shall cease at that place and this Contract shall be deemed to have been fully performed by Company; or (b) if Passenger has not embarked, Company may cancel the proposed voyage and refund money or fares paid; or (c) Company 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 canceling 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 Company or not, and/or causing Passenger to disembark temporarily. In a cancellation prior to sailing, Company’s only liability will be to refund to Passenger the amount Company received pursuant to this Contract. If the cruise is shortened or terminated, Company 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 Company will have no responsibility to pay or compensate Passenger for any loss or damage, including consequential damages.

  12. HEALTH AND SECURITY: 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 safety of other Passengers or the Company 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 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 behavior, 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 in the judgment of the Company 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, Company will have no obligation to refund any portion of the fare received by Company, or be responsible for any of Passenger’s costs or other losses.

  13. IMPAIRMENT; DISABILITY: Company does not discriminate unlawfully on the basis of If You (Passenger) have a disability and reasonable accommodation may enable You to use our services, please let Company know how we can help. Passenger shall inform Company 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 shall inform Company in writing at the earliest possible time. Company will consider and may confer with Passenger, regarding possible accommodations. Company 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 Company determines there is a significant risk that cannot be eliminated or reduced to an acceptable level by reasonable modifications to Company policies, practices and/or procedures or by appropriate assistive devices or services. If Passenger fails to timely inform Company of any impairment or condition and it is determined based on information that Passenger should have provided, 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. Company and personnel aboard the Vessel shall have no liability to Passenger relating to any Passenger condition, treatment, failure to inform Company of an impairment, or resulting exclusion.

  14. 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 Company the Parental Consent Guardianship Form signed by the parent or legal

  15. ALCOHOL: Company reserves the right not to serve any Passenger alcoholic beverages for any reason and as may be required to comply with local

  16. SMOKING: Smoking is only allowed in designated 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. Company may also charge a reasonable cleaning fee to eliminate smoking odors.

  17. USE OF PASSENGER’S LIKENESS: Passenger agrees that Company 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 Company’s sole property free from any claims by Passenger or any person deriving any rights or interest from the Passenger.

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

  19. 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 item(s) which are prohibited by Section 5, or, in the opinion of Company or the Captain, may impair Vessel safety or inconvenience other Passengers.

  20. PAYMENT BY PASSENGER AND EXTRA EXPENSES: Any and all payments by Passenger to Company shall be made in United States 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 Company before Passenger’s final disembarkation from the Vessel. Any other expenses incurred by Passenger or by Company on behalf of Passenger shall be payable by Passenger on demand.

  21. 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. Other forms of notice are not sufficient. 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: $200 loss of deposit (Africa bookings are $1,200 loss of deposit); (ii) 120-90 days before departure: $400 loss of deposit (Africa booking are $2,400 loss of deposit); (iii) 89-60 days before departure: 35% of cruise or cruise and land price; (iv) 59-30 days before departure: 50% of cruise or cruise and land price; (v) 29-7 days 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.

  22. UNCLAIMED PROPERTY: Any unclaimed or abandoned personal property that comes into custody or control by Company may be disposed of after 45 days under any circumstances. If a Passenger’s identification is available Company will make a reasonable effort to contact the traveler 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).

  23. TRAVEL AGENT:  Your  travel  agent  acts  for  You  in  making  the arrangements for Your Company 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 Company, for which You shall at all times remain liable to Company, or any failure to remit a refund from Company to You. You acknowledge that Your travel agent acts solely as Your agent, and not as agent for Company, 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 Company shall constitute receipt of such materials by You.

  24. NO SOLICITATION: Passenger agrees not to solicit other Passengers for commercial purposes or advertise goods or services on board the Vessel without Company’s prior written permission.

  25. 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 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 Company, 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 Company; and the balance provides substantial benefits to Passenger, which Company 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.

  26. WARRANTIES/CONSEQUENTIAL DAMAGES EXCLUDED: ALL WARRANTIES INCLUDING WARRANTIES  OF FITNESS  FOR  USE AND  MERCHANTABILITY  ARE  EXPRESSLY   EXCLUDED   FROM THIS CONTRACT. COMPANY 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, COMPANY SHALL BE EXCLUDED FROM LIABILITY FOR EXEMPLARY OR PUNITIVE DAMAGES.

  27. ENTIRE AGREEMENT:  THE  PROVISIONS  OF  THIS  PASSENGER TICKET CONTRACT ARE THE ENTIRE AGREEMENT AND A BINDING CONTRACT BETWEEN PASSENGER AND PASSENGER’S ACCEPTANCE 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 COMPANY. ANY CLAIMED CHANGE IN THESE PROVISIONS IS NOT EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY THE PRESIDENT OF COMPANY (AND SUCH SIGNATURE MAY BE CONDITIONED ON A COMMENSURATE INCREASE IN FARE).

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