Terms & Conditions: Emerald Cruises
See below for our terms & conditions and helpful information regarding your cruise.
1.1. These terms and conditions (“Conditions”) and any Operator Conditions, Destination-Specific Terms and other additional terms and conditions applicable to a special offer or promotion, and/or, depending on Your Journey, ancillary documents (together with the Conditions, the “Contract”) form the basis of the agreement between You and Scenic Tours (USA), Inc. d/b/a Emerald Cruises (“Emerald Cruises”, “We”, “Us” or “Our”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations.
1.2. You confirm Your understanding and acceptance of these Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of Your Journey Price to Us. If You do not understand and accept the Conditions and the terms of the Contract, You should not make any payment to Us and, in this case, We will cancel Your Booking in accordance with clause 3.3 of these Conditions.
1.3. If You make a Booking on behalf of any other person, You represent to Us that You have their authority to make the Booking on their behalf and to legally bind them to the terms of the Contract, including the Conditions. Each reference to “You”, “Your”, “Guest” or “Passenger” means the person who makes the Booking and each other person covered by the Booking.
1.4. Your Itinerary does not form part of the Contract.
1.5. If Your Journey includes a Cruise, Your transportation on any cruise vessel during Your Journey, will also be subject to any Operator Conditions. Although the Operator may be related to Us, it is a separate legal entity and business and You will enter a separate contract (based on the Operator Conditions) with each Operator. The Operator Conditions are published on Our Website and are also available on request by contacting Our team at the Customer Service Contact Address. It is important that You read the Operator Conditions carefully to ensure that You understand Your rights and obligations under them. You confirm Your understanding and acceptance of the Operator Conditions by paying Your Booking Deposit or otherwise paying any part of Your Journey Price to Us.
1.6. All travel involves risks. We strongly recommend You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Journey including coverage for loss of luggage, medical expenses and costs and expenses incurred due to cancellations, delays or other disruptions.
2.1. In these Conditions, the following words and expressions have the following meanings:
(a) “Booking” means the booking You have made with Us for Your Journey.
(b) “Booking Deposit” means a booking deposit equal to 20% of Your Journey Price or in such other amount which We have notified You at the time You make Your Booking.
(c) “Captain” means the captain of a Cruise Vessel.
(d) “Cruise” means a cruise constituting or forming part of Your Journey.
(e) “Cruise Director” means any person designated by Us as the cruise director for any Cruise.
(f) “Cruise Vessel” means a vessel used for the purpose of providing a Cruise.
(g) “Customer Service Contact Address” means the details for contacting Us set out in clause 14.1 of these Conditions.
(h) “Destination-Specific Terms” means terms and conditions specific to a particular Journey, as published in the Journey Brochure or on Our Website for the relevant Journey.
(i) “Drone” means an unmanned aerial vehicle or UAV, being an aircraft of any size that operates without a pilot on board.
(j) “Flexible Booking Plan” or “Cancellation Penalty Relief Program” means Our deposit and payment protection plans as set out on Our Website and referred to in clause 13.6 & 13.7 of these Conditions.
(k) “Force Majeure Event” means any act of God, war, terrorism, fire, flood or any other extreme weather conditions or act of nature, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, political unrest, pirating, riots or civil disturbances, prohibitions or acts of Federal, State, Territory, or Local government or, quasi-governmental bodies or other authorities (including, in each case, their duly constituted or appointed agents), inability to obtain any necessary license or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages, any border closure by any country or any states of the United States or Territory, or other disruption to the Journey beyond Our control.
(l) “Future Travel Credit” means a credit issued by Us to You if We cancel Your Booking as a result of the occurrence of a Force Majeure Event pursuant to clause 5.4 of these Conditions which may be redeemed against a future booking in accordance with clause 5.4(c).
(m) “Guest Contact Details” means the contact details which You have provided to Us at the time of making Your Booking, as amended by any written notice We receive from You from time to time in accordance with clause 14.1 of these Conditions.
(n) “Itinerary” means the itinerary for Your Journey issued by Us, subject to any amendments made by Us from time to time in accordance with the Contract.
(o) “Journey” means a journey or journey package offered or provided by Us.
(p) “Journey Brochure” means the brochure for Your Journey published by Us in hard copy or electronically and includes any amendments notified on Our Website from time to time.
(q) “Journey Departure Date” means the scheduled departure date for the Journey expressly listed in Your Itinerary.
(r) “Journey Price” means the total cost of Your Journey, including the Booking Deposit.
(s) “Operator” means the owner or operator of a Cruise vessel, who is a separate legal entity and business, whether or not related to or affiliated with Us.
(t) “Passenger Ticket Terms and Conditions” means the Operator’s conditions of carriage for a Cruise vessel, which are available on Our Website and otherwise made available upon written request to Us.
(u) “Personal Information” means information about You and any other person for whom You make a Booking, including name, address, phone number and other contact details, next of kin, passport number, credit or debit card details, health-related information, needs, dietary requirements and any disabilities or other special requirements.
(v) “Service Provider” means any third-party independent contractor engaged by Us to provide a Journey or any part of a Journey including, without limitation, an Operator.
(w) “Tour Director” means any person designated by Us as the Tour Director for Your Journey.
(x) “Website” means the Emerald Cruises website at www.emeraldcruises.com.
(y) “Your Journey” means the Journey You have booked with Us, as expressly listed in Your Itinerary.
3. Booking and Payment
3.1. Your Booking will be confirmed and deemed to have been made only when We have received: (a) Your Booking Deposit; or (b) if Your Booking is made 90 days or less before the Journey Departure Date, the Journey Price and all other amounts payable under the Contract.
3.2. Except as indicated in clause 3.8, We will notify You of the Journey Price and provide You with Your Itinerary at the time of making Your Booking.
3.3. Unless otherwise agreed to in writing by Us, Your Booking Deposit must be paid to Us within 7 days of making Your Booking. We reserve the right to automatically cancel Your Booking without further notice to You if We have not received Your Booking Deposit in accordance with this clause 3.3.
3.4. You may make a Booking directly with Us or through a travel agent. If You have made Your Booking through a travel agent, Your travel agent should forward Your Journey Price and all other payments required under the Contract to Us on Your behalf. Payments by You to Your travel agent are not considered to be payments by You to Us. We will consider payment to have been received by Us only when We receive payment from Your travel agent on your behalf.
3.5. Any accommodation, sightseeing or flights We book for You separately from those expressly listed in Your Itinerary are not included in the Journey Price and You must pay any and all costs and deposits for such additional services separately from the Booking Deposit and Journey Price at which time We notify You at or before You make Your Booking. Any requests for such additional services will not be processed until Your Booking Deposit is paid in full.
3.6. We may, in Our sole discretion, require payment of an additional deposit for special offers before the balance of the Journey Price is due. We will notify You of any such requirement before You complete Your Booking and will confirm the payment details when We confirm Your Booking. Failure to pay the required additional deposit to Us for any special offer may result in Your ineligibility for such special offer.
3.7. Except as required by law or in accordance with the Flexible Booking Plan or Cancellation Penalty Relief Plan, Booking Deposits are not refundable and are not transferable to other Journeys or Bookings.
3.8. If You make Your Booking within 90 days of Your Journey Departure Date, You must pay Your Booking Deposit to Us before We can process Your Booking and confirm Your Journey Price. We will notify You or Your travel agent of the Journey Price promptly after We have calculated it. Your Booking is not confirmed and deemed to have been made until We have received the Journey Price. If we do not receive Your Journey Price or You do not confirm Your acceptance of the Journey Price in writing within 7 days of the date We notify You of such amount, You will be deemed to have rejected the Journey Price. If You notify Us that You have rejected Your Journey Price or if You are deemed to have rejected Your Journey Price, We will cancel Your Booking and refund Your Booking Deposit. If You accept Your Journey Price, You must pay the outstanding balance of Your Journey Price to Us within 7 days of Us notifying You of the Journey Price, or We reserve the right to cancel Your Booking and retain Your Booking Deposit.
3.9. If You make Your Booking 91 days or more prior to Your Journey Departure Date, You must pay to Us the balance of the Journey Price and all other amounts payable under the Contract no later than 90 days before the Journey Departure Date.
3.10. If You wish to change any incidental component of Your Booking, such as any pre or post-Journey accommodation or add-ons, You must contact Us. We may accept or reject Your request at Our absolute discretion and if We accept, You must pay a change fee to Us for each change in accordance with clause 4.6(b) of these Conditions and any additional costs resulting from the change. Additional costs may include, without limitation, additional overnight accommodation required as a result of any change to Your flights.
3.11. You may cancel Your Booking by sending Us written notice of cancellation to the Customer Service Contact Address. If You cancel Your Booking, You will be liable to pay a cancellation fee to Us in accordance with clause 4.7 of these Conditions.
3.12. A name change for a Guest or a change to the Journey Departure Date is considered a cancellation of the original Booking and You will be liable to pay a cancellation fee to Us in accordance with clause 4.7 of these conditions.
4. Prices, Inclusions and Fees
4.1. All Journey Prices are quoted in United States Dollars.
4.2. If You pay Us by credit card a surcharge may be added, please inquire for details. There is no surcharge for payments made by cash, check or direct transfer to Our nominated bank account.
4.3. Your Journey Price includes the following costs and expenses as expressly listed in Your Itinerary as an inclusion: (a) all coach, rail and Cruise travel; (b) the services of a Cruise Director and/or Tour Director; (c) meals and drinks; (d) accommodations; (e) sightseeing and admissions; (f) port charges; (g) all onboard gratuities and tipping; and (h) any other specific inclusions expressly listed in Your Itinerary.
4.4. Unless expressly listed in Your Itinerary as an inclusion, Your Journey Price does not include the following costs and expenses: (a) airfares, including any flight connections; (b) airline taxes; (c) shore excursions on ocean Cruises; (d) additional optional activities or excursions; (e) accommodation upgrades; (f) meals and drinks; (g) laundry; (h) passport fees; (i) visas; (j) vaccinations; (k) medical assistance; (l) government taxes and charges (excluding GST); (m) overnight accommodation prior to Your Journey Departure Date; (n) any items or expenses of a personal nature; or (o) any other costs or expenses not expressly listed as an inclusion in Your Itinerary.
4.5. We reserve the right not to honor any published prices that We determine were erroneous due to printing, electronic, clerical, or other error. If You make a Booking based on erroneous pricing, We reserve the right to offer You the option of (a) cancelling the Booking and receiving a refund of any amount paid by You to Us for the cancelled Booking or (b) confirming the Booking by paying the difference between the erroneous price and the correct price, as determined by Us.
4.6. The following fees are payable in addition to the Journey Price: (a) If You make Your Booking 21 days or less before the Journey Departure Date, You must pay a late booking fee of $50.00 per Booking; (b) If You change Your Booking, other than by varying the Journey Departure Date or the name of a Guest, You must pay a change fee of $50.00 per Booking. These fees are on account of administrative expenses incurred by Us in changing Your Booking and is a genuine and reasonable estimate of Our costs and expenses.
4.7. If You cancel Your Booking for any reason prior to Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable for the following cancellation fee:
Days of Notice prior to Journey Departure Date Cancellation Fee (per Guest)
120 days and over Loss of Booking Deposit
119 to 91 days 50% of Journey Price
90 or less 100% of Journey Price
You may also be liable for cancellation fees to airlines and other third parties.
4.8. If using a Future Travel Credit to make Your Booking and You cancel Your Booking for any reason more than 90 days prior to Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable for a cancellation fee in an amount equal to 100% of Your Journey Price and we will issue You with a Future Travel Credit for such amount which must be used within 24 months of the date of cancellation, regardless of when You notify us. If the Future Travel Credit is not used within such 24-month period, the full amount of the Future Travel Credit will be forfeited. You may also be liable for paying cancellation fees to airlines and other third parties.
4.9. If using a Future Travel Credit to make Your Booking and You cancel Your Booking for any reason within 90 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable for a cancellation fee in an amount equal to 100% of Your Journey Price and will forfeit the Future Travel Credit used to make Your Booking, regardless of when You notify Us. You may also be liable for paying cancellation fees to airlines and other third parties.
4.10. We may vary Your Journey Price at any time before We have received the Journey Price in full from You or Your travel agent to the extent necessary to meet any increase in the Journey costs for reasons outside Our control, including, without limitation, airfares, fuel, government taxes and charges, exchange rate fluctuations or other Journey related costs or tariffs. We will notify You of any such variation using the Guest Contact Details. We will not vary the Journey Price after We have received the total Journey Price from You or Your travel agent, regardless of any increases in the costs incurred by Us.
4.11. You are responsible for and must pay for all costs and expenses incurred by You as a result of any change made by You to Your Itinerary after Your Journey Departure Date. This includes, without limitation, changes due to illness or other personal reasons.
5. Cancellation, Delays and Changes to Your Itinerary
5.1. Your Booking is conditional on Us receiving a minimum number of Journey passenger bookings to operate the Journey and so We can ensure an enjoyable group atmosphere. Where sufficient numbers are not or cannot be achieved, in Our sole discretion, We may cancel or delay a scheduled Journey or Journey Departure Date.
5.2. We will use commercially reasonable efforts to make any decision to cancel or delay a Journey, and to notify You of that decision, at least 60 days prior to the scheduled Journey Departure Date.
5.3. The following terms apply in the event We cancel or delay the departure of a Journey by 7 days or more before the Journey Departure Date for any reason other than a cancellation due to or as a result of the occurrence of a Force Majeure Event: (a) We will use commercially reasonable efforts to offer You the closest available Journey departure. If the proposed alternative Journey: (i) costs less than Your original Journey Price, We will refund the difference to You; or (ii) costs more than Your original Journey Price, You must pay the difference to Us; (b) if You accept the proposed alternative Journey, Your Itinerary will be amended accordingly and We will give You an updated Itinerary; (c) if You do not accept the proposed alternative Journey within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, refund to You all monies paid directly to Us and will have no further liability to You; and (d) We are not liable for any third-party costs You may incur, which We have not booked on Your behalf, including, but not limited to, airfares or other arrangements booked independently through or paid to a travel agent.
5.4. The following terms apply in the event of a cancellation of a Journey by Us due to or as a result of the occurrence of a Force Majeure Event:
(a) If We cancel the departure of a Journey prior to the Departure Date due to or as a result of the occurrence of a Force Majeure Event, We will cancel Your Booking and terminate the Contract. Although You will not be entitled to receive a refund of any amounts paid to Us, We will issue You a Future Travel Credit equal to the amount You have paid directly to Us for the cancelled Booking. If You are entitled to a Future Travel Credit pursuant this clause 5.4(a), the following additional terms apply: (i) You may apply the Future Travel Credit towards any future booking for a Journey with a Journey Departure Date within 24 months after the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to Your selected Journey or Cruise; (ii) the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours); (iii) You may, with Our prior written consent, which We will not unreasonably withhold, transfer the Future Travel Credit to another person to apply towards any future booking for a Journey with a Journey Departure Date within 24 months after the date on which We cancel Your Booking; (iv) the Future Travel Credit cannot be applied against products, services, or upgrades provided by third-parties or Service Providers in conjunction with the applicable Journey itinerary; (v) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent not used timely in accordance with these Conditions; and (vi) You (or the person to whom the Future Travel Credit is transferred) must pay any shortfall between the value of the Future Travel Credit and the Journey Price for the new Booking in accordance with the then applicable Conditions for the new Booking.
(b) If We cancel a Journey after the applicable Journey Departure Date due to a Force Majeure Event, You will not be entitled to any refunds or Future Travel Credits for all or any portion of the cancelled Booking.
5.5. We will use commercially reasonable efforts to provide the Journey You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and We or the Operator may need to make alterations to the Journey or Your Itinerary, before or after the commencement of the Journey. Where, due to circumstances outside of Our or the Operator’s control, We or the Operator are unable to provide the Journey in accordance with Your Itinerary, We will use commercially reasonable efforts to: (a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and (b) provide or arrange appropriate alternative activities, transport and accommodation, as required.
5.6. The circumstances in which Your Itinerary or the Journey may be altered include, without limitation: (a) tidal waters or high or low water levels in any ocean or sea, river, canal, bay, cove or port; (b) port closures or port restrictions due to weather or other operational reasons (c) lock closures, unscheduled vessel maintenance or other operational reasons; (d) road, ocean, river, ice or weather conditions; (e) national or local holidays affecting the closure of public buildings or attractions; (f) Force Majeure Events; (g) emergency events, accidents, injuries or other incidents involving You or other passengers; and (h) any other event beyond Our control.
5.7. Alterations to Your Itinerary or the Journey may include, without limitation: (a) substitution of vessels for part or the whole of a Journey; (b) cabin changes on a vessel; (c) substitution of another port or anchor location; (d) additional embarkations and disembarkations; (e) substitution of alternate transportation, including the use of motor coaches; (f) substitution of hotel accommodation for accommodation on a vessel; (g) alterations to arrival and departure times; (h) alterations to sightseeing activities; and (i) reductions or increases in the time spent at a location.
5.8. If We or the Operator substitute any vessel, motor coach or accommodation under this clause 5, We or they will use commercially reasonable efforts to provide You with a substitution of equivalent specification or quality, in Our sole discretion, provided that some services and facilities may not be available for all substitute arrangements.
5.9. You will be notified of any changes to Your Itinerary: (a) if prior to Your Journey Departure Date, by phone, email or mail using the Guest Contact Details or via Your travel agent; or (b) if during Your Journey, by Your Cruise Director or Tour Director.
5.10. To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause 5, including without limitation any: (a) claim for distress, disappointment or loss of enjoyment arising from the alteration; (b) additional personal expenses incurred by You, such as for food, beverages and personal items; or (c) costs associated with any other travel arrangements affected by the alterations or substitutions, including any costs and expenses incurred by You for cancelling or changing those other arrangements or arising from a failure to meet a connection.
6. Your Journey Obligations
6.1. For the comfort and safety of You and Your fellow passengers and other people, You must follow the Captain’s, Tour Director’s, and Cruise Director’s instructions at all times.
6.2. If We, the Captain or Cruise Director, the Tour Director or Our staff or any Service Provider believe You are negatively affecting Your own health, safety or enjoyment, or that of other passengers, including by refusing to comply with instructions of the Captain or the Cruise Director, the Tour Director, Our staff or any Service Provider, We may terminate the Contract and remove You from the Journey with immediate effect. If it is reasonably practicable to do so, in Our sole discretion, the Captain, Cruise Director, Tour Director, or Our staff will provide a warning to You and allow You an opportunity to rectify Your behavior before We remove You from the Journey.
6.3. If You are withdrawn from the Journey, You must make Your own travel and other arrangements at Your own expense and We are not liable to You for any loss, cost or damage You may suffer or incur.
6.4. You must have a valid passport with an expiration date of at least six (6) months after the last scheduled day of Your Journey.
6.5. You must ensure that You obtain prior to the Journey Departure Date all required entry visas for all countries to be visited during the Journey, as failure to obtain correct documentation may affect Your participation in certain shore excursions and entry to certain countries during the Journey.
6.6. If You do not have the correct visa or other documentation necessary to enter a country or participate in any aspect of a Journey (“Documentation”): (a) You will not be entitled to any refund or credit for all or any portion of the Journey Price; and (b) You will be solely responsible for any costs You incur as a result of Your failure to obtain and/or possess the required Documentation, including, without limitation, any costs associated with exiting or re-joining the Journey.
6.7. If You are unhappy with something that does or does not happen on Your Journey, You must first use all reasonable efforts to negotiate with Us in good faith to settle the dispute before commencing proceedings in any court or tribunal. In the first instance You should raise Your concern with the Tour Director or the Cruise Director as soon as reasonably practicable, as it may be possible for them to take steps to resolve Your concern with minimal delay.
7. Notification of General Risks
7.1. You acknowledge and agree that there are general risks associated with travelling, which are beyond Our control and We are not liable to You for any loss, cost or damage You may incur as a result of these general risks. Such general risks include, without limitation: (a) Journey variations or interruptions caused by road, river, ocean or sea, ice or weather conditions; national or local holidays affecting the closure of public buildings and attractions; Force Majeure Events; tidal water levels, high water levels; low water levels; flooding; unfavorable ice, or weather conditions; port or lock closures; unscheduled vessel or vehicle maintenance; or any unforeseen events or emergency situations (b) changes to the Journey and Your Itinerary in the circumstances described in clause 5.6 of these Conditions; (c) forces of nature; illness; flight schedule changes or cancellations; loss of luggage; epidemics or pandemics; political unrest; accidents; acts of terrorism or other criminal acts; changes to government visa or travel requirements; or (d) other circumstances beyond Our control.
7.2. You must make Your own inquiries regarding Your Journey, including without limitation being aware of any relevant governmental travel safety warnings.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
8.1. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIM ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH REGARD TO THE JOURNEY OR ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OR ANY IMPLIED WARRANTIES PERTAINING TO TITLE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT YOUR JOURNEY WILL BE WITHOUT DELAY, INTERRUPTION OR CHANGE.
8.2. You acknowledge and agree that We accept no responsibility and will not be liable to You (or any third party) for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with: (a) any Journey risks or other aspects of the Journey whether or not disclosed to You in the Contract; (b) any change to Your Itinerary or delays in departure or arrival times of aircraft, vessels or otherwise during the conduct of the Journey; (c) any loss or damage to Your baggage or belongings; (d) any personal injury or death resulting from the acts or omissions or negligence of any Service Providers or other third parties providing goods or services to You during the Journey, including air carriers, hotels, shore excursion operators, restaurateurs, transportation providers and medical personnel; or (e) any disappointment or loss of enjoyment due to circumstances outlined in the Contract or otherwise beyond Our control.
8.3. NOTWITHSTANDING ANY OTHER PROVISION OF THE CONTRACT, AND TO THE EXTENT PERMITTED BY LAW, OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY (INCLUDING ANY CLAIMS OF NEGLIGENCE BY US) IS LIMITED TO THE JOURNEY PRICE YOU HAVE PAID TO US.
8.4. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER WE NOR OUR SERVICE PROVIDERS OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OUR OR THEIR PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS CONTRACT OR ANY OTHER AGREEMENT OR DOCUMENTATION ENTERED INTO IN CONNECTION HEREWITH, OR RESULTING FROM THE FURNISHING, PERFORMANCE OR USE OF ANY OF OUR PRODUCTS OR SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.5. To the extent the law implies any guarantee, condition or warranty which cannot be excluded, Our liability to You for breach of such an implied guarantee, condition or warranty is limited, to one or more of the following at Our option: (a) in the case of goods: the repair of goods, replacement of goods, the supply of equivalent goods or the cost of repair, replacement or supply of equivalent goods; or (b) in the case of services: supplying the services again or payment of the cost of supplying the services again.
8.6. Subject to clause 8.1, You acknowledge and agree that where Your Journey, any part of Your Journey, accommodation, flights or any other good or service are not directly provided by Us, but by a Service Provider, in the event of any dispute or claim including for loss, damage, breach of contract or negligence arising from the conduct of the Service Provider, You must pursue Your claim directly against the relevant Service Provider.
8.7. If Your Journey includes a Cruise, then You may be entitled to rights under certain traveler protection programs. We are an Active Member of the United States Tour Operators Association (“USTOA”) and participate in the USTOA’s Travelers Assistance Program (the “Program”). You may make a claim to the Program if You are owed a refund. The Program covers losses for transportation or travel services that were not refunded when required. A Guest may make a claim against the Program within 90 days after a tour operator declares bankruptcy, becomes insolvent or ceases business or fails to provide a refund where required as a result of cancellation or non-performance by the tour operator. USTOA’s total liability for all consumer claims from Our customers is limited to $1,000,000. In some cases, $1,000,000 may not be sufficient to cover all losses. Complete details of the USTOA Travelers Assistance Program and claim forms may be obtained by writing to USTOA at 275 Madison Avenue, Suite 2014, New York, New York 10016, or by email to firstname.lastname@example.org or by visiting their website at www.USTOA.com. Scenic Tours (USA), Inc. is registered in California as a seller of travel. Scenic Tours (USA), Inc. is registered with the State of California as a Seller of Travel, CST2113082-40. Registration as a seller of travel does not constitute approval by the State of California. Scenic Tours (USA), Inc. is registered with Washington State as a Seller of Travel, UBI604-089-504.
8.8. CLASS ACTION WAIVER: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS ACTION OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 11.3 BELOW, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN CLAUSE 11.3 BELOW, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
9. Force Majeure Event
9.1. If the performance of Our or a Service Provider’s obligations is prevented, delayed or materially affected by the occurrence of a Force Majeure Event, those obligations are suspended for the duration of the Force Majeure Event. You acknowledge and agree that We are not liable for any delay or failure by Us or a Service Provider to perform Our or such Service Provider’s obligations, as applicable, under the Contract if such delay or failure is attributable to a Force Majeure Event.
9.2. We may cancel a Journey as a result of the occurrence of a Force Majeure Event which prevents, materially affects or delays, or which We reasonably determine in Our sole discretion is likely to prevent, materially affect or delay, Our or a Service Provider’s ability to provide the Journey or other obligations: (a) in accordance with the Contract; or (b) to a standard which We consider will meet the reasonable expectations, in Our sole discretion, of the Journey participants.
9.3. We may immediately cancel a Journey and terminate the Contract as a result of the occurrence of a Force Majeure Event which prevents or materially affects, or which We reasonably determine in Our sole discretion is likely to prevent or materially affect, Our or a Service Provider’s ability to provide the Journey for a period of 7 days or more, calculated from the date We notify You of the Force Majeure Event.
9.4. We will use commercially reasonable efforts to give You notice as soon as reasonably practicable of the occurrence of a Force Majeure Event that prevents or materially affects, or which we determine in Our sole discretion is likely to prevent or materially affect, the performance by Us or a Service Provider of Our or such Servicer Provider’s obligations under the Contract.
9.5. If We cancel a Journey in the circumstances described in clause 9.2 or 9.3: (a) to the maximum extent permitted by law, Your sole and exclusive rights and remedies will be those set out in clause 5.4 of these Conditions; and (b) You acknowledge and agree that We are not liable for any delay or failure by Us or a Service Provider to perform Our or such Service Provider’s obligations under the Contract, resulting from, as a consequence of, or is otherwise attributable to the Force Majeure Event.
9.6. You hereby acknowledge and agree that We are not liable to You (or any Guest for whom You book) for any death, bodily injury, disability, illness, or damage, or for any cancellation, modification, failure, or delay in the performance of this Contract, the Journey or Journey Departure Date, or Your Itinerary, if such death, disability, bodily injury, illness, damage, cancellation is results from, is a consequence of, or is otherwise attributable to a Force Majeure Event.
10. Privacy and Data Protection
10.1. In order for Us to process Your Booking and provide the Journey to You, You will need to provide to Us, and We will need to use, Your Personal Information. We will need to provide Your Personal Information to Service Providers, as well as customs and immigration authorities. We may also provide Your Personal Information to security and credit checking organizations. Some of the third parties to whom We provide Your Personal Information are located outside of the United States, including in countries that may not provide the same level of protection of Personal Information as the country in which you are domiciled. By making a Booking You give Us Your consent to use and disclose Your Personal Information in the manner described in this clause 10.1.
10.2. We may also use Your name and the Guest Contact Details for marketing purposes, unless You tell Us that You do not want Us to do so. You may do this by contacting the Customer Service Contact Address.
11. General Provisions
11.1. We may only waive a right or remedy created under the Contract, including these Conditions, in writing. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does any waiver by Us (either wholly or in part) operate as a subsequent waiver of the same or any other right.
11.2. All disputes arising under or in any way related to this Contract, including the enforceability and interpretation of this Contract (each, a ”Dispute”) are governed by the laws in force in the State of Florida without giving effects to its conflicts of laws rules or principles.
11.3. Any Dispute shall be submitted for binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in an arbitration conducted in Miami, Florida USA. The only exceptions to this clause 11.3 are that (i) You and We retain the right to sue in small claims court and (ii) You and We may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. The Dispute will be resolved by a single arbitrator selected by the American Arbitration Association (“AAA”). There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of the law or be able to show an abuse of discretion with respect to factual findings. Ordinarily, the claimant has to pay the fees to initiate a AAA arbitration, but if You wish to commence an arbitration against Us, and You are seeking to recover less than $10,000 (inclusive of attorneys’ fees), then We will pay the filing fee on Your behalf. If You are seeking a recovery greater than $10,000, then You will pay the filing fee charged by AAA, but We will reimburse that fee if You win the arbitration. You agree to maintain the confidential nature of the arbitration proceeding and shall not disclose that fact of the arbitration, any documents exchanged as part of any mediation, the proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, unless required to conduct the arbitration or unless required by law or court order. The parties waive the right to rely upon any state or federal law or statute which creates an exception to enforcement of the requirement that all Disputes be resolved pursuant to arbitration as set forth in this paragraph. If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration decision is sought, any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, this Contract shall be brought exclusively in the state and federal courts having jurisdiction in and for Miami-Dade County, Florida, and all of the parties hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith. IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THIS CONTRACT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
11.4. This clause 11 and any term, clause, or sections in these Conditions which is, by its nature, intended to survive termination of the Contract shall survive termination of the Contract.
11.5. In these Conditions, unless the context otherwise indicates a contrary intention: (a) headings are for convenience only and do not affect interpretation; (b) singular includes the plural and vice versa; (c) a reference to a party includes its successors, permitted assigns, administrators and substitutes; (d) where a word or phrase is defined, its other grammatical forms have the corresponding meaning; (e) the word ‘include’ in any form is not a word of limitation and should be interpreted as ‘including without limitation’; (f) no rules of construction apply to Our disadvantage on the basis that these Conditions or the Contract were prepared by Us; (g) a reference to a natural person includes their personal representatives; and (h) a reference to a body (including institute, association or authority) which ceases to exist or whose powers or functions are transferred to another body is a reference to the body which replaces it or which substantially succeeds to its powers or functions.
11.6. This Contract constitutes the entire agreement between Us and You and does not include anything specified in a Journey Brochure, Website, or other marketing material(s), and all such items are superseded hereby and not binding on Us.
12. Important Notices about Your Journey
12.1. Journey Participation. (a) Special needs: We welcome You if You have a disability or other special need, provided You are capable of, or are accompanied by a companion capable of, providing all the assistance You require. Please note that although We will use commercially reasonable efforts to provide You with all the activities on Your Itinerary, depending on Your disability, You may not be able to participate in every activity and the Tour Director, Cruise Director, Our staff, or a Service Provider reserve the right to refuse Your participation if the Tour Director, Cruise Director, Our staff, or such Service Provider believes Your health and safety or the health and safety of any other person may be impacted by Your participation. You or Your travel agent must advise Us of any accommodations you may require due to any disability, medical condition or dietary requirement at the time of Booking. (b) Facilities: It is important to note that: (i) some Cruise vessels do not have elevators, and Cruise vessels that are equipped with elevators may not have elevator access to all decks; (ii) wheelchair passengers should be aware that cabin doors, restrooms and corridors may not be wide enough to provide access for standard wheelchairs; (iii) requests for accessible rooms to accommodate a disability must be made at the time of Booking and are subject to availability; (iv) for safety reasons, passengers in wheelchairs cannot be carried on boarding ramps (which may be steep due to water levels) whilst the vessel is tied up or at anchor, or on to motor coaches; and (v) wheelchairs and walkers can be carried in the luggage compartment of motorcoaches subject to space limitations. (c) Our discretion: We may, in Our absolute discretion, decline Your Booking if We are of the view that: (i) We cannot adequately provide facilities to accommodate any or all of Your requests; (ii) Your health, safety or enjoyment, or that of any other passengers attending the Journey may be at risk; or (iii) You cannot or will not abide by any reasonable directions of the Tour Director, Cruise Director, Our staff, or a Service Provider.
12.2. Cruises. If Your Journey includes a Cruise, the following provisions apply: (a) Deck plan: The deck plan, cabin sizes, images, inclusions and layout in the Journey Brochure are indicative only and may vary. Pictured representations of cabins or rooms in Journey Brochures are not drawn to scale. (b) Cruise Cabins: Your Journey Price is based on the Cabin category indicated in the Journey Brochure. Upgrades are subject to availability and will be at an additional cost. (c) Shore Excursions: Shore excursions provided by independent third-party Service Providers are at Your own expense and can be purchased prior to Your Journey Departure Date. We recommend booking shore excursions at least 120 days prior to Your Journey Departure Date. (d) Dinner Reservations: Dinner times are scheduled on board. Preferred meal times may be requested at time of booking and are subject to availability. (e) Photography: Our Journeys may offer some of the most spectacular and beautiful photographic scenery in the world. However, We cannot guarantee that every scene or highlighted featured in a Journey Brochure or Itinerary will be available on each Journey. No refund or other compensation will be available for any resulting missed scene or photographic “opportunity”. (f) Smoking: Smoking is limited to designated smoking areas during Your Journey. (i) You acknowledge that We may restrict smoking to specific times and locations during Your Cruise for the comfort of all passengers. (ii) Smoking is not permitted on coaches or such other places as nominated by Us from time to time. (iii) Although We will use commercially reasonable efforts to ensure there are opportunities for You to smoke during the Journey, We cannot guarantee such opportunities will be available. (g) Noise, vibration and odor: While the Operators take reasonable steps to minimize noise, vibration and odors on the cruise vessels, You acknowledge and accept that some noise, vibration and intermittent odors may be experienced on vessels, and that We accept no responsibility, and will not be liable to You in relation to any such noise, vibration or odor. (h) Docking Position: During port stops, vessels may dock side by side, obstructing views and requiring You to pass through other vessels to embark and disembark. You agree and acknowledge that You will have no claim in respect of any such matters. (i) Medical Services: (i) A medical center is available onboard Emerald Cruises ocean vessels and will be staffed according to the destination. (ii) Due to the large number of passengers on board, We cannot provide a personal escort for medical visits. (iii) We are not, and Our Affiliates, Service Providers and the Operators are not, liable for the provision of any medical care You may require or choose to accept during Your Journey. (iv) You acknowledge that certain destinations including, without limitation, Antarctica, the Americas, Transatlantic crossings and the Arctic & Fjords regions are remote areas with limited medical facilities available. (j) Currency and credit cards (i) All purchases on board a charge to Your shipboard account. The on-board currency on Cruises is the US Dollar. (ii) Shipboard accounts may be paid by US Dollar or credit card. (k) Internet Service: Internet facilities are available on board Your Cruise vessel at no additional charge. (i) Complimentary Internet service does not apply to any third-party suppliers. (ii) Internet availability and quality may vary from country to country and can also be affected by technical issues, weather or unfavorable terrain and other factors outside Our control. (iii) We do not guarantee the availability or quality of Internet connections or services. (l) Beverages: (i) For ocean Cruises with a departure date on or before March 31, 2024, beer, wine and soft drinks are available with lunch and dinner meals. (ii) If Your Journey includes an all-inclusive beverage package, beer, wine and soft drinks are included with lunch and dinner meals on ocean Cruises with a departure date of April 1, 2024 or later. (iii) Any additional drinks may be purchased on board. Beverage packages will also be available for purchase on board. (iv) Responsible service of alcohol is adhered to by all staff on board of all vessels and We reserve the right to refuse service.
12.3. Drones. (a) General prohibition: Unless provided by Us or an Operator as part of an organized activity during Your Journey, the use of Drones is strictly prohibited at all times on Your Journey. (b) Legal restrictions: You should also be aware that, in addition to the prohibition in paragraph 12.3(a), the use of Drones is regulated or prohibited by law in many locations and unlawful use may result in arrest or prosecution by the relevant authorities. (c) Organized Activities: If We or an Operator allow You to operate a Drone as part of an organized activity during Your Journey, You must strictly comply with all instructions of the activity leader.
13. Additional Important Information
13.1. Air Travel and baggage. (a) Airfare Conditions: (i) All airfares are subject to availability and conditions apply. (ii) Our reservations consultant will book an appropriate fare for Your Journey. (iii) Some discounted airfares have conditions which make them unsuitable to be used in conjunction with Our journeys. Full details and conditions may be obtained from Our reservations consultant or Your travel agent. If You have any questions or concerns please contact Our reservations consultant or Your travel agent. (iv) Airfares booked as part of Your Journey will be through an appropriate route although may not be a direct flight; some included flights are unescorted. If You request a customized route or direct flight You will be responsible for all additional costs. (v) Depending on departure date and time of booking the required booking class for airfare offer may be too far in advance to book with the appropriate airline. If the required booking class is unavailable air surcharges may apply. The flight quote including air taxes and surcharges will be confirmed once all air sectors are booked and confirmed. (vi) Taxes are defined as all airline and government taxes and surcharges. Taxes are subject to change and will be advised at the time of flight reservation. (vii) All flights are subject to schedule changes and class downgrades as determined by the operating airline. You acknowledge and agree that We accept no responsibility and will not be liable to You for any costs associated with these changes. (viii) All airfares are subject to availability and scheduled for travel to meet the Journey Departure Dates set out in the Journey Brochure. Any requests outside of the Journey dates may incur seasonal surcharges as enforced by the airline. (b) Airport Transfers: (i) Passengers who have purchased Our pre and post Journey hotel accommodation and airfares will be provided airport transfers to/from their hotel in the Journey start or end city only, on the day of the pre or post accommodation booking. (ii) If You do not book Your flights with Us, You must ensure Your flight details are provided to Us at least 60 days before the Journey Departure Date by: (A) entering Your flight details at the trip personalizer on the Website; or (B) contacting Us at the Customer Service Contact Address. (iii) No refund will be given for unused transfers. Transfers cannot be routed to other pick-up points or destinations. (iv) If You miss the pre-booked transfer, You will be responsible for making Your own way to the Journey departure point, at Your own expense. (v) Unless expressly listed in Your Itinerary, airport transfers may be group transfers scheduled to coincide with multiple flight arrival and departure times. (c) Carriers: The carriers (including airlines, rail and sea carriers used in association with the journeys) are not responsible for statements or features in Journey Brochures. The conditions of carriage of each carrier constitute a separate contract between You and the carrier and We have no responsibility in relation to contracts between You and the carriers and only act as agent in arranging services from the carriers. (d) Luggage (i) Journey participants are entitled to one suitcase per person. Your suitcase must not exceed 76 x 53 x 28cms (30’’ x 21’’x 11’’) and must not weigh more than 23kg (50lbs). All luggage must be stored in Your suite; there are no additional luggage storage facilities available. (ii) Airline passengers should consult with their airline as size and weight restrictions may vary from airline to airline and according to the class booked. (iii) It is Your responsibility to ensure Your luggage complies with these requirements and You acknowledge that We, contracted carriers or Service Providers may elect not to carry overweight items. (iv) You will be responsible for any excess baggage charges.
13.2. Sightseeing, Excursions and Special Activities on Journey. (a) Sightseeing: Sightseeing in many historic villages, towns and cities can only be undertaken by walking Journeys as motorcoach access is not possible. Consequently, a reasonable level of fitness is required as the sightseeing Journey may involve steps and extensive walking over uneven surfaces. (b) Mountain Excursions: Some Journeys include mountain excursions involving high altitudes. Please consult with Your doctor to ensure that You have an adequate level of fitness and are in good health before participating in these excursions. (c) DiscoverMORE Optional Journeys: Additional activities undertaken by You such as sightseeing journeys purchased by You in addition to those activities outlined in the Journey Brochure during Your Journey are not included in Your Journey Price and incur an additional cost. Additional activities are subject to availability, seasonal and operational factors and must be pre-booked prior to Your departure. Some activities require a minimum or maximum number of participants to operate.
13.3. Passenger Requirements. (a) Special Diets: You must advise Us in writing of any and all special requests and dietary requirements at the time of Booking. We will make every reasonable effort to accommodate Your dietary requests but cannot guarantee that such requests can be met. (b) Vaccinations: It is Your responsibility to ensure You have all required vaccinations for Your Journey and We recommend You refer to www.cdc.gov/travel for full details and also consult Your doctor. (c) Medical Conditions: We strongly recommend a visit to Your doctor prior to Your Journey. (d) Solo Passengers and Single Accommodation (i) Prices quoted in Journey Brochures are on a twin share basis. If Your Booking is not a twin share booking We will notify You of the applicable single supplement rate (Single Supplement Rate), and You must pay the Single Supplement Rate for the Journey, at the time of Booking. (e) Young Passengers: (i) Passengers under the age of 18 years (as at the Journey Departure Date) must be accompanied by an adult and share their accommodation with an adult. (ii) Children under the age of 12 years are not encouraged and are accepted or rejected at Our sole discretion.
13.4. Maps, Pictures and Images. (a) Maps: Maps or Journey depictions contained in Journey Brochures or any other brochures We issue are intended as an indication only and should not be relied upon as the actual route to be taken during the Journey. (b) Images: All images in Journey Brochures represent typical scenes and descriptive detail for each Journey, however it is possible that the particular subject matter may not be seen or experienced on Your Journey. Also, some pictures may have been digitally enhanced.
13.5. Hotel Accommodation. (a) Substitution: We may substitute hotel accommodation of a similar standard in the place of the advertised hotel due to hotel availability issues. Any changes will be notified once confirmed with the hotel. (b) Responsibility: Although We have taken reasonable steps to secure the most suitable hotel accommodation in the area of the Journey, We are not liable to You for the quality, size or fitness of hotel rooms.
13.6. Flexible Booking Plan. Our Flexible Booking Plan is available at a cost of $250 per person per Journey excluding Amazon cruises and Galapagos cruises. The cost is non-refundable and must be paid at the time of Booking Your Journey. The Flexible Booking Plan does not, nor is it intended to, replace travel insurance. Details and terms and conditions of the Flexible Booking Plan are available on Our Website.
13.7. Cancellation Penalty Relief Program. The Cancellation Penalty Relief Program is available for new river and ocean cruising bookings for travel after 1 January 2024 for Scenic and Emerald Cruises (“Eligible Booking”). The Cancellation Penalty Relief Program offers You the opportunity to receive a refund and/or other relief in the event You are forced to cancel Your Booking with Us during a time period that would otherwise require you to pay cancellation fees these Conditions. The Cancellation Penalty Relief Program must be purchased together with the Eligible Booking at time such booking is made and may not be added at a later date. Details and terms and conditions of the Cancellation Penalty Relief Program are available on Our Website.
14. Contact Details
14.1. To make, change or cancel a Booking or to make any inquiries regarding a Booking or to otherwise give Us any notice in accordance with the Contract, You should contact Our customer service center as follows:
Telephone: 1(857) 226-4889
Address: 4000 Hollywood Blvd., Suite 625-S, Hollywood, FL 33021 (the “Customer Service Contact Address”).
14.2. Our customer service center is open from 9:00am to 8:00pm Eastern Time from Monday to Friday and 10:00am to 6:00pm Eastern Time on Saturday. Holiday hours may vary.
14.3. If You need to contact Us during Your Journey, We recommend that if it is practicable to do so, in the first instance You should try to contact the Tour Director or Cruise Director. Depending on the purpose of Your contact, they may be able to assist You, but otherwise they may direct You to contact Our customer service center.
14.4. We will use the Guest Contact Details if We need to contact You before the Journey Departure Date. It is therefore very important that You keep the Guest Contact Details up to date and notify Us immediately of any changes. To update Your Guest Contact Details, please contact Us at the Customer Service Contact Address.
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