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Our Terms and Conditions

1. Contract

1.1 These terms and conditions (“Conditions”) form the basis of the contract between You and ST Touring Canada Limited (“Emerald Waterways”, “We”, “Us” or “Our”) (“Contract”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. Your Contract may also include additional terms and conditions applicable to a special offer or promotion.

1.2 You confirm Your understanding and acceptance of the Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of the price of Your Tour/journey.

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 If Your Tour includes a Cruise, Your transportation on any river cruise vessel during Your Tour, will also be subject to the terms and conditions of the Operator of the vessel (“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 one of 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 the price of Your Tour to Us.

1.5 Your Itinerary does not form part of the Contract.

1.6 We may amend these Conditions from time to time. If We amend the Conditions, We will publish the amended version on Our Website. We will also provide the current version of the Conditions to You upon request. You will be bound by the current version of the Conditions at the time You make Your Booking.

1.7 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 Tour including cover for loss of luggage, medical expenses and costs and expenses incurred due to cancellations, delays or other disruptions.

2. Meaning of Words

In these Conditions, the following words and expressions have the following meanings:

(a) “Booking” means the booking You have made with Us for the Tour/journey.

(b) “Booking Deposit” means a booking deposit in an amount which We have notified You before You make Your Booking;

(c) “Cruise” means a cruise constituting or forming part of Your Tour/journey;

(d) “Cruise Conditions” means the Operator’s conditions of carriage for a river cruise vessel.

(e) “Cruise Director” means any person designated by Us as the cruise director for any Cruise forming part of Your Tour/journey.

(f) “Customer Service Contact Address” means the details for contacting Us set out in clause 13.1 of the Conditions.

(g) “Drone” means an unmanned aerial vehicle or UAV, being an aircraft of any size that operates without a pilot on board.

(h) “Force Majeure Event” means any act of God, war, terrorism, fire, flood or any other extreme weather conditions, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, riots or civil disturbances, acts of government, semi government or other authorities, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Tour/journey beyond Our control.

(i) “Guest Contact Details” means Your contact details which You have provided to Us at the time of making Your Booking, as amended by any written notice You may provide to Us from time to time in accordance with clause 13.4 of these Conditions.

(j) “Itinerary” means the Itinerary for Your Tour/journey issued by Us, subject to any amendments made by Us from time to time in accordance with the Contract.

(k) “Operator” means the owner or operator of a river cruise vessel.

(l) “Personal Information” means information about You and any other person for whom You make a Booking, including Your name, address, phone number and other contact details, details of Your next of kin, Your passport number, credit or debit card details, and information about Your health, medical needs, dietary requirements and any disabilities or other special requirements.

(m) “Service Provider” means any independent contractor engaged by Us to provide a Tour/journey or any part of a Tour/journey, and includes an Operator.

(n) “Tour/journey” means to the tour/journey package You have booked with Us as outlined in Your Itinerary.

(o) “Tour/journey Brochure” means the brochure for Your Tour/journey published by Us and includes any amendments notified on Our Website from time to time.

(p) “Tour/journey Departure Date” means the scheduled departure date for the Tour/journey set out in Your Itinerary.

(q) “Tour/journey Director” means any person designated by Us as the tour/journey director for Your Tour/journey.

(r) “Tour/journey Price” means the total amount payable by You for the Tour/journey. It includes the Booking Deposit.

(s) “Validity Period” means in respect of a Tour Brochure, the validity period stated in that brochure.

(t) “Website” means Emerald Waterways website at emeraldwaterways.ca.

3. Booking and Payment

3.1 You may make a Booking directly with Us or through a travel agent. Your Booking will be confirmed only when We have received:

(a) Your Booking Deposit; or

(b) if Your Booking is made 90 days or less before the Tour/journey Departure Date, the Tour/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 Tour/journey Price and provide You with Your Itinerary at the time of making Your Booking

3.3 You must pay Your Booking Deposit within 48 hours after making Your Booking for trips booked up until December 31st, 2018. If We do not receive Your Booking Deposit within 48 hours after You make Your Booking, We will automatically cancel Your Booking without further notice to You. For bookings made from January 1st, 2019 until departure date, a deposit will be require at time of booking.

3.4 If You have made Your Booking through a travel agent, Your travel agent should forward Your Booking Deposit or Tour/journey Price to Us on Your behalf. However, payments by You to Your travel agent are not considered to be payments by You to Us. We will consider payment has been received by Us only when We receive payment from Your travel agent.

3.5 Any accommodation, sightseeing or flights We book for You separately to those stated in Your Itinerary are not included in the Booking Deposit or Tour/journey Price and You must pay both the deposit and full costs for such additional services separately to the Booking Deposit and Tour/journey Price at the time which 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 For some special offers, We may require payment of a further deposit before the balance of the Tour/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. You must make payment by the date notified by Us.

3.7 Except as required by law, Booking Deposits are not refundable and are not transferable to other Tour/journeys or Bookings.

3.8 If You make Your Booking within 120 days of Your Tour/journey Departure Date, You must pay Your Booking Deposit before We can process Your Booking and confirm Your Tour/journey Price. Your Booking is not confirmed until You have paid the Tour/journey Price. We will notify You of the Tour/journey Price promptly after We have calculated it. If You do not confirm Your acceptance of the Tour/journey Price in writing within 7 days of receipt of notification from Us, You will be deemed to have rejected the Tour/journey Price. If You notify Us that You have rejected the Tour/journey Price or if You are deemed to have rejected the Tour/journey Price, We will cancel Your Booking and refund Your Booking Deposit. If You accept the Tour/journey Price, You must pay the outstanding Tour/journey Price within 24 hours of Us notifying You of the Tour/journey Price, or We will cancel Your Booking and retain Your Booking Deposit.

3.9 If clause 3.8 does not apply, You must pay to Us the balance of the Tour/journey Price and all other amounts payable under the Contract no later than 90 days before the Tour/journey Departure Date.

3.10 If You wish to change any incidental component of Your Booking, such as any pre or post-tour/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 in for each change accordance with clause 4.6(b) and any additional costs resulting from the change. Additional costs may include additional overnight accommodation required as a result of any change to Your flights.

3.11 You may cancel a Booking by sending Us written notice of cancellation at the Customer Service Contact Address. If You cancel a Booking You will be liable to pay a cancellation fee in accordance with clause 4.7.

3.12 A name change for a Guest or a change to the Tour/journey Departure Date is considered a cancellation of the original Booking.

4. Prices, inclusions and fees

4.1 All Tour/journey Prices are quoted in Canadian Dollars

4.2 Your Tour/journey Price includes all coach and cruise travel; the services of a Cruise Director (if applicable) and/or Tour/journey Director; airport transfers outside Canada; meals as specified in Your Itinerary; internal flights as specified In Your Itinerary; accommodation; sightseeing and admissions, where stated; port charges; all gratuities and tipping on land tour/journeys and river cruises operated by Us; and any other specific inclusions identified in Your Itinerary.

4.3 Unless expressly listed in Your Itinerary as an inclusion, Your Tour/journey Price does not include airfares; airline taxes; gratuities on ocean cruises; shore excursions on ocean cruises; additional optional activities; accommodation upgrades; meals not specified in Your Itinerary; drinks; laundry; passport fees; visas; vaccinations; medical assistance; government taxes and charges (excluding GST); or any items or expenses of a personal nature.

4.4 Unless stated as an inclusion in Your itinerary, overnight accommodation required to meet Your Tour/journey and/or any flight connections are not included in the Tour/journey Price and will be at Your expense.

4.5 We reserve the right not to honour any published prices that We determine were erroneous due to printing, electronic, or clerical error. If You make a Booking based on erroneous pricing, We will offer You the option of cancelling the Booking and receiving a refund of any amount paid by You or 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 Tour/journey Price:

(a) If You book 21 days or less before the Tour/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 Tour/journey Departure Date, You must pay a change fee of $50.00 per Booking. This fee is on account of administrative expenses incurred by Us in changing Your Tour/journey and is a genuine and reasonable estimate of Our expenses.

4.7 If You cancel Your Tour/journey for any reason prior to Your Tour/journey Departure Date (including by changing Your Tour/journey Departure Date or the name of a Guest), You will be liable for the following cancellation fees:

Days of notice prior to               Cancellation charge

Tour/journey commencement    (per person) 

91 days and over                      Loss of deposit

90 to 60 days                            35% of Tour Price

59 to 30 days                            50% of Tour Price

Less than 30 days                    100% of Tour Price

You may also be liable to pay cancellation fees to airlines and other third parties.

4.8 We may vary Your Tour/journey Price at any time before You have paid the Tour/journey Price in full to the extent necessary to meet any increase in the Tour/journey costs for reasons outside Our control, including airfares, fuel, government taxes and charges, exchange rate fluctuations or other Tour/journey related costs or tariffs. We will not vary the Tour/journey Price after We have received the total Tour/journey Price from You, regardless of any increases in the costs incurred by Us. We will notify You of any such variation using the Guest Contact Details.

4.9 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 Tour/journey Departure Date. This includes 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 tour/journey or Cruise passenger bookings to operate the Tour/journey and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Tour/journey or Tour/journey Departure Date.

5.2 We will endeavour to make any decision to cancel or delay a Tour/journey or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Tour/journey Departure Date.

5.3 If We cancel a Tour/journey, for whatever reason, before departure: (a) We will use reasonable endeavours to offer You the closest available tour/journey or cruise departure. If the proposed alternative tour/journey or cruise is:

(i) cheaper than Your original Tour/journey Price, We will refund the difference to You; or

(ii) more expensive than Your original Tour/journey Price, You must pay the difference to Us;

(b) if You accept the proposed alternative tour/journey or cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;

(c) if You do not accept the proposed alternative tour/journey or cruise within 7 days of being notified by Us of the alternative, We will: cancel Your Booking, 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, for example airfares or other arrangements booked independently through or paid to a travel agent.

5.4 If We delay the departure of a Tour/journey, for whatever reason, for more than 7 days, You may terminate this Contract and We will provide You with, at Your option, either:

(a) a full refund of all amounts paid to Us; or

(b) a credit towards future tour/journeys with Us which will be valid for 24 months from the date You notify Us of the termination of this Contract.

5.5 We will use reasonable endeavours to provide the Tour/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 the Operator may need to make alterations to the Tour/journey or Your Itinerary, before or after the commencement of the Tour/journey. Where, due to circumstances outside of the Operators control, We are unable to provide the Tour/journey in accordance with Your Itinerary, We will use reasonable endeavours 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 Tour/journey may be altered include:

(a) high or low water levels in any river or canal;

(b) lock closures, unscheduled vessel maintenance or other operational reasons;

(c) road, river or weather conditions;

(d) national or local holidays affecting the closure of public buildings or attractions;

(e) Force Majeure Events;

(f) emergency events, accidents, injuries or other incidents involving You or other passengers; and

(g) any other event beyond Our control.

5.7 River Cruising Guarantee is provided by ACE Insurance Limited, A Chubb Company ABN 23 001 642 020 AFSL No. 239687 of 28 O’Connell Street Sydney, New South Wales, 2000 (Chubb). For full terms and conditions of the policy, please refer here

5.8 Alterations to Your Itinerary or the Tour/journey may include:

(a) substitution of vessels for part or the whole of a Tour/journey;

(b) cabin changes on a vessel;

(c) additional embarkations and disembarkations;

(d) substitution of alternate transportation, including the use of motor coaches;

(e) substitution of hotel accommodation for accommodation on a vessel;

(f) alterations to arrival and departure times;

(g) alterations to sightseeing activities; and

(h) reductions or increases in the time spent at a location.

5.9 If the Operator substitute any vessel, motor coach or accommodation under this clause 5, they will use reasonable endeavours to provide You with a substitution of equivalent specification or quality, but some services and facilities may not be available for all substitute arrangements.

5.10 Any changes to Your Itinerary will be notified to You:

(a) if prior to Your Tour/journey Departure Date, by phone, email or post using the Guest Contact Details; or

(b) if during Your Tour/journey, personally by Your Cruise Director or Tour/journey Director.

5.11 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, including for food, beverages and personal items; or

(c) costs associated with any other travel arrangements affected by the changes, 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 Tour/journey obligations

6.1 For the comfort and safety of You and Your fellow passengers and other people, You must follow the Tour/journey Director’s and Cruise Director’s instructions at all times.

6.2 If We, the Cruise Director, the Tour/journey Director or Our staff or any Service Provider consider You are negatively affecting Your own health, safety or enjoyment, or that of other passengers, including by refusing to comply with instructions of the Tour/journey Director or the Cruise Director, We may terminate the Contract and withdraw You from the Tour/journey with immediate effect. If it is reasonably practicable to do so, the Tour/journey Director or Cruise Director will provide a warning to You and allow You an opportunity to rectify Your behaviour before We withdraw You from the Tour/journey.

6.3 If You are withdrawn from the Tour/journey under clause 6.2, 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 expiry date of at least six (6) months after the last scheduled day of Your Tour/journey.

6.5 You must ensure that You obtain prior to the Tour/journey Departure Date all required entry visas for all countries to be visited during the Tour/journey, as failure to obtain correct documentation may affect Your participation in certain shore excursions and entry to certain countries during the Tour/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 Tour/journey (“Documentation”):

(a) We will not refund to You all or any portion of the Tour/journey Price; and

(b) You will be responsible for any costs You incur as a result of Your failure to obtain the required Documentation, including any costs associated with re-joining the Tour/journey.

6.7 If You are unhappy with something that does or does not happen on Your Tour/journey, You must first use all reasonable endeavours 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/journey 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:

(a) Tour/journey variations or interruptions caused by road, river or weather conditions; national or local holidays affecting the closure of public buildings and attractions; Force Majeure Events; high water levels; low water levels; flooding; lock closures; unscheduled vessel or vehicle maintenance;

(b) changes to the Tour/journey and Your Itinerary in the circumstances described in clause 5.6;

(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 acknowledge and agree that where the Tour/journey, any part of the Tour/journey, accommodation, flights or any other good or service are not directly provided by Us, but is provided 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.

7.3 You must make Your own enquiries regarding Your Tour/journey, including being aware of any relevant government travel safety warnings.

8. Liability

8.1 Nothing in these Conditions or the Contract operates to exclude, restrict or modify the application of any provision of the Business Practices and Consumer Protection Act (British Columbia) or any equivalent Canadian Federal, Provincial or Territorial legislation that may be applicable, or any United States of America Federal, State or Territory legislation, or the Australian Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, the exercise of a right conferred by any such provision, or any of Our liability for breach of a guarantee, condition or warranty implied by any such provision, where it is unlawful to do so. All exclusions and limitations of Our liability under the Contract must be read subject to this clause.

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 Tour/journey risks or other aspects of the Tour/journey disclosed to You in the Contract; (b) any change to Your Itinerary or delays in departure or arrival times of aircraft or otherwise during the conduct of the Tour/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 third parties providing goods or services to You during the Tour/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 Subject to clause 8.1, but despite 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 Tour/journey Price You have paid to Us.

8.4 To the maximum extent permitted by law, You acknowledge and agree We are not liable to You, under any circumstances, for any loss of enjoyment, opportunity, profit, savings, revenue or interest or any other consequential or indirect, incidental, special or punitive loss, damage or expenses.

8.5 You acknowledge and agree that We are not liable for any delay or failure by Us or a Service Provider to perform Our obligations under the Contract, resulting from or as a consequence of a Force Majeure Event.

8.6 If a delay or failure occurs or is anticipated due to Force Majeure Event, Our obligations are suspended for the duration of the Force Majeure Event.

8.7 We may immediately terminate the Contract, if the Force Majeure Event delays performance of the Tour/journey for a period of 7 days or more, calculated from the date We notify You of the Force Majeure Event.

8.8 To the extent permitted by law, all express or implied warranties, guarantees, representations, or terms are expressly excluded. Where 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:

(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.

8.9 We strongly recommend that You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Tour/journey including cover for loss of luggage, medical expenses, costs and expenses incurred due to cancellations, delays or other disruptions.

9. Privacy and Data Protection

9.1 In order for Us to process Your Booking and provide the Tour to You, You will need to provide to Us, and We will need to use 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 organisations. Some of the persons to whom We provide Your Personal Information are located overseas, including in countries that may not provide the same level of protection of Personal Information as Canada. By making a Booking You give Us Your consent to use and disclose Your Personal Information in the manner described in this clause 9.1.

9.2 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.

9.3 We will otherwise deal with Your Personal Information in accordance with Our Privacy Policy, which can be found on Our Website or provided on request.

10. General Provisions

10.1 We may only waive a right or remedy created under 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.

10.2 The Contract is governed by the laws of the Province of British Columbia, and the laws of Canada applicable therein.

10.3 The parties submit to the non-exclusive jurisdiction of the courts of British Columbia and any courts competent to hear appeals from those courts.

10.4 Any term which is, by its nature, intended to survive termination of the Contract survives termination.

10.5 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;

(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.

10.6 The Tour/journey Brochure and these Conditions are valid for Tour/journey Departure Dates during the Validity Period unless otherwise indicated in Your Itinerary, and supersedes all previous brochures.

11. Important notices about Your Tour/journey

11.1 Tour/journey Participation

(a) Special needs: We welcome You if You have a disability or other special need, provided You are accompanied by a companion capable of providing all the assistance You require. Please note that although We will use reasonable endeavours 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/journey Director or Cruise Director will have the right to refuse Your participation if the Tour/journey Director or Cruise Director believes Your health and safety or the health and safety of other passengers may be impacted by Your participation. You must advise Us (or Your travel agent) of any disability, medical condition or dietary requirement at the time of Booking.

(b) Facilities: It is important to note that:

(i) some cruise ships do not have elevators, and ships that are equipped with elevators may not have elevator access to all decks;

(ii) wheelchair passengers should be aware that cabin doors, rest rooms and corridors may not be wide enough to provide access for standard wheelchairs;

(iii) requests for modified rooms 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 for any or all of Your special needs;

(ii) Your health, safety or enjoyment, or that of any other passengers attending the Tour/journey may be at risk; or

(iii) You cannot or will not abide by any reasonable directions of the Tour/journey Director or Cruise Director.

11.2 Cruises

(a) Deckplan: The deck plan, cabin sizes, images, inclusions and layout in the Tour/journey Brochure are indicative only and may vary. Pictured representations of cabins or rooms in Tour/journey Brochures are not drawn to scale.

(b) Cruise Cabins: Your Tour/journey Price is based on the Cabin category indicated in the Tour/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 Tour Departure Date. We recommend booking shore excursions at least 120 days prior to Your Tour Departure Date.

(d) Noise, Vibration and Odour: While We take reasonable steps to minimise noise, vibrations and odours on the cruise ships, You acknowledge and accept that some noise, vibration and intermittent odours may be experienced on vessels and that We will not be liable to You in relation to any such noise, vibration or odours.

(e) Dinner Reservations: Dinner times are scheduled on board. Preferred meal times may be requested at time of booking and are subject to availability.

(f) Docking Position: During port stops, ships may dock side-by-side, obstructing views and requiring You to pass through other ships to embark and disembark.

(g) Internet Service

(i) Internet facilities are available on board Your cruise at no additional charge. 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 unfavourable terrains and other factors outside Our control. We do not guarantee the availability or quality of internet connections.

(iii) We do not guarantee the availability or quality of Internet connections or services.

(h) Photography: Our tour/journeys 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 Tour/journey Brochure or Itinerary will be available on each Tour/journey. No refund will be available for any resulting missed scene or photographic “opportunity”.

(i) Smoking: Smoking is limited to designated smoking areas on all ships (and any other vessels), and is not permitted in cabins or on balconies.

(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 reasonable endeavours to ensure there are opportunities for You to smoke during the Tour/journey, We cannot guarantee such opportunities will be available.

(j) Medical Services

(i) River cruise ships do not carry a doctor on board, however medical services may be called at Your own expense.

(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 Service Providers are not, liable regarding the provision of any medical care You may require or choose to accept during the Tour/journey.

(k) Currency and Credit Cards: All purchases on board are charged to Your shipboard account. The on board currency on river cruise ships is the Euro. Shipboard accounts may be paid by Euro or credit card.

11.3 Coaches

(a) Seat rotation: To ensure all passengers have the opportunity to enjoy front and window seats, a daily seat rotation system is employed on all of Our coaches and You must follow the seat rotation system.

(b) Travel sickness: If You suffer from travel sickness, You should arrange medication or other alternatives to treat symptoms, as We cannot make allowances for this.

11.4 Drones

(a) General prohibition: Unless provided by Us or an Operator as part of an organised activity during Your Tour, the use of Drones is strictly prohibited at all times on Your Tour.

(b) Legal restrictions: You should also be aware that, in addition to the prohibition in paragraph (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) Organised Activities: If We or an Operator allow You to operate a Drone as part of an organised activity during Your Tour, You must strictly comply with all instructions of the activity leader.

12. Additional Important Information

12.1 Air Travel and baggage

(a) Airfare Conditions

(i) All airfares are subject to availability and conditions apply.

(ii) Our reservations consultant will book the most appropriate fare for Your Tour/journey.

(iii) Some discounted airfares have conditions which make them unsuitable to be used in conjunction with Our tour/journeys. Full details and conditions may be obtained from Your travel agent. If You have any questions or concerns please contact Our reservations consultant.

(iv) Airfares booked as part of Your Tour/journey will be through the most appropriate route although may not be a direct flight; some included flights are unescorted. If You request a customised route or direct flight You will be responsible for all additional costs.

(v) Dependant 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) Airline seat selection is the responsibility of the traveller to complete online directly with the airline. All trans-atlantic carriers charge for advanced seat selection in economy class. Seat selection may be at a charge if done prior to 24 hours from departure time.

(viii) 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.

(viiii) All airfares are subject to availability and scheduled for travel to meet the Tour/Journey Departure Dates set out in the Tour/Journey Brochure. Any requests outside of the tour/journey dates may incur seasonal surcharges as enforced by the airline.

(b) Airport Transfers

(i) Airport transfers are only available on the first and last day of Your Tour/journey and at times We designate. Transfers outside these times will be at Your expense and must be secured by Your own arrangements.

(ii) Passengers who have purchased Our pre and post Tour/journey hotel accommodation and airfares will be provided airport transfers to/from their hotel in the Tour/journey start or end city only, on the day of the pre or post accommodation booking.

(iii) 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 Tour/journey Departure Date by:

(a) entering Your flight details at the tour/journey personaliser on the Website; or

(b) contacting Us at the Customer Service Contact Address.

(iv) No refund will be given for unused transfers. Transfers cannot be routed to other pick-up points or destinations.

(v) If You miss the pre-booked transfer You will be responsible for making Your own way to the Tour/journey departure point, at Your own expense.

(vi) Airport transfers may be group transfers scheduled to coincide with multiple flight arrival and departure times. Private transfers, including Royal Suites transfer are not available in all locations. Please enquire for further details.

(c) Carriers: The carriers (including airlines, rail and sea carriers used in association with the tour/journeys) are not responsible for statements or features in Tour/journey Brochures. The conditions of sale 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.

(d) Luggage

(i) Tour/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).

(ii) Airline passengers should consult with their airline as size and weight restrictions may vary from airline to airline and also 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.

12.2 Sightseeing, Excursions and Special Activities on Tour/journey

(a) Sightseeing: Sightseeing in many historic towns and cities can only be undertaken by walking tour/journeys as motorcoach access is not possible. Consequently, a reasonable level of fitness is required as the sightseeing tour/journey may involve steps and extensive walking over uneven surfaces.

(b) Mountain Excursions: Some tour/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) Additional Optional Tours: Additional activities undertaken by You such as sightseeing tours purchased by You in addition to those activities outlined in the Tour Brochure during Your Tour are not included in Your Tour Price and incur an additional cost. Additional activities are subject to availability, seasonal and operational factors. Some activities require a minimum and maximum number of participants to operate.

12.3 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 Tour and We recommend You refer to to www.travel.gc/travelling/health-safety/vaccines for full details and also consult Your doctor.

(c) Medical Conditions: We strongly recommend a visit to Your doctor prior to Your tour.

(d) Solo Passengers and Single Accommodation

(i) Prices quoted in Tour/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, and You must pay the single supplement rate for the Tour/journey, at the time of Booking.

(ii) For our land tour programs, if You are willing to share a room with another single traveller of the same gender, You must pay the Single Supplement Rate. If You remain matched throughout the entire Tour/journey, You will be refunded Your single supplement rate within 2 weeks of tour/journey completion. We accept no responsibility for the suitability of the allocated rooming partner.

(iii) If at any time during the Tour/journey, You consider Your rooming partner unsuitable, You must notify Us and We will use reasonable endeavours to arrange single accommodation for You for the remainder of the Tour/journey, subject to availability, and at Your own cost.

(iv) A limited number of single rooms and/or cabins are available at a Single Supplement Rate for each Tour/journey. In some locations, single rooms are smaller than twin rooms and may not be available. You acknowledge that if there is no availability of single accommodation for the remainder of the Tour/journey, You will be required to continue to share with Your nominated rooming partner for the remainder of the Tour/journey.

(e) Young Passengers:

(i) Passengers under the age of 21 years (as at the Tour/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 (with the exception of Christmas tour/journeys and Cruises) and are accepted or rejected at Our sole discretion.

12.4 Maps, Pictures and Images

(a) Maps: Maps or tour/journey depictions contained in Tour/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 Tour/journey.

(b) Images: All images in Tour/journey Brochures represent typical scenes and descriptive detail for each tour/journey, however it is possible that the particular subject matter may not be seen or experienced on Your Tour/journey. Also, some pictures may have been digitally enhanced.

12.5 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 Tour/journey, We are not liable to You for the quality, size or fitness of hotel rooms.

13. Contact Details

13.1 To make, change or cancel a Booking or to make any enquiries regarding a Booking or to otherwise give Us any notice in accordance with the Contract, You should contact Your travel agent or Our customer service centre as follows:

Email: info@emeraldwaterways.ca

Telephone: 1-855-444-0161

Suite 1025-401 West Georgia Street, Vancouver, BC, V6B 5A1

This is the Customer Service Contact Address.

13.2 Our customer service centre is open Monday thru Friday from 6:00am to 5.00pm PST/9:00am to 8:00pm EST and on Saturday from 6:00am to 4:00pm PST/ 9:00am to 7:00pm EST (Holiday Hours may vary). The Customer Service Centre is closed on Sunday. Although We hope You won’t need it, Our after-hours emergency number when calling in Canada is +18574155751 or within Europe is +41435211839.

General Overview: Offers and Promotions.

Offers are for new bookings only unless otherwise stated. Only one offer per person and offers cannot be combined with any other offer unless otherwise stated. If an offer lists a lead in price or a special sale price, prices are based on two people sharing a cabin (double occupancy), based on lowest cabin category available and reflect the special offer discounts where applicable (unless otherwise stated).

Prices and offers are correct at time of printing and are subject to cruise availability at the time of booking and may change. Offers can be canceled, withdrawn, changed, or extended at any time and without notice. Offers are non-transferable to cash. Emerald Waterways Terms and Conditions apply when booking an offer or special promotion with us.

2018 EUROPE SPRING FLIGHT DEALS: Valid for New 2018 Bookings for EWAA, EWAF, EWNT, EPDC, EWNB, EWPA, EWAB, and EWCR departures only. Book and deposit between April 26 and June 30, 2018. FLY FOR $595 or receive $600 CAD air credit in lieu of flights for EWPA, EWAB, or EWCR cruises. FLY FOR $695 or receive $500 CAD air credit in lieu of flights for EWNB and EPDC cruises. FLY FOR $795 or receive $400 CAD air credit in lieu of flights for EWNT, EWAF, or EWAA cruises. Offers include airline taxes up to $680 per person with a max ticket amount of $1,500 per person. Flight prices may vary depending on sailing. A non–refundable initial deposit of $500 per person is required within 48hrs of booking with full payment required 90 days prior to departure. A secondary non–refundable deposit of $1,500 per person is due prior to air ticketing. Emerald Waterways reserves the right to ticket the airfare upon receipt of deposit. Economy Air only on Emerald Waterways choice of airlines from specific Canadian gateways: YHZ, YYZ, YOW, YUL, YQR, YXE, YWG, YEG, YYC, YVR, YYJ, & YLW. All other gateways receive air credit savings. Applicable to all cabin categories. Not combinable with any other offer or promotion except for Travel Show & Agent Training vouchers. Not applicable to groups.

2018 FRANCE SAVE $425 PER PERSON: Valid for New 2018 Bookings for EFRC departures June through September 2018 only. Book and deposit by September 30, 2018. Save $425 per person off the price of the cruise. Applicable to all cabin categories. Not combinable with any other offer or promotion except for Travel Show & Information Session vouchers. A non–refundable initial deposit of $500 per person is required at the time of booking with full payment required 90 days prior to departure. Prices are listed in CAD, based on double occupancy, and subject to availability. Offers may be extended, cancelled or withdrawn at any time without notice.

2018 SUMMER SALE:Valid for new 2018 bookings only. Offers valid June 29 to December 31, 2018. Save $1,000 per person on Rhine, Main, Danube 8-day river cruises. Choice of EWAF, EWAA, EWFB, EWPA, EWNB, EWAB, EWTU, EWNT, and EWBB tours. Save $425 per person on EFRC cruises. Fly for $595 per person or receive $600 CAD air credit in lieu of flights for EWCR cruises. Fly for $695 per person or receive $500 CAD air credit in lieu of flights for EPDC cruises. Offers include airline taxes up to $680 per person with a max ticket amount of $1,500 per person. Flight prices may vary depending on sailing. Offers valid for any cabin category for valid cruise itinerary only. A non–refundable initial deposit of $500 per person is required at the time of booking with full payment required 90 days prior to departure. Cruises within 90 days to departure require full payment within 48hours. For Airfare offers, a secondary non–refundable deposit of $1,500 per person is due prior to air ticketing. Emerald Waterways reserves the right to ticket the airfare upon receipt of deposit. Economy Air only on Emerald Waterways choice of airlines from specific Canadian gateways: YHZ, YYZ, YOW, YUL, YQR, YXE, YWG, YEG, YYC, YVR, YYJ, & YLW. All other gateways receive air credit savings. These offers are not combinable with any other offer or promotion except for information session or travel show vouchers. Not applicable to groups.

2019 EUROPE SAVE ON AIRFARE: Airfare Offers are valid for new 2019 bookings only and are non-transferable. Offers valid from May 4 – August 16, 2018 or until sold out. Splendours of Europe Fly for $295 per person on Balcony Suites (in lieu of flights air credit of $650 per person), or Fly for $495 per person on Staterooms (in lieu of flights receive a $450 air credit). 8-14 days Rhine Main and Danube river cruises fly for $495 on any cabin purchased or receive a $450 air credit in lieu of flights. Pricing listed in Canadian dollars, based on double occupancy and based on lowest cabin category available. Inventory is controlled, availability is limited and subject to change. Port charges and taxes are included in the price. Offers include airline taxes up to $680 per person with a max ticket amount of $1,350 per person. Flight prices may vary. A non–refundable initial deposit of $500 per person is required within 48hrs of booking with full payment required 90 days prior to departure. A secondary non–refundable deposit of $1,500 per person is due prior to air ticketing. Emerald Waterways reserves the right to ticket the airfare upon receipt of deposit. Economy Air only on Emerald Waterways choice of airlines from specific Canadian gateways: YHZ, YYZ, YOW, YUL, YQR, YXE, YWG, YEG, YYC, YVR, YYJ, & YLW. All other gateways receive air credit savings. Pay in full by October 31, 2018 to save an additional $150 per person. These Offers are not combinable with any other offer or promotion except for Travel Show or Info session vouchers. **Launch Bonus offer of $125 per person is valid for only May 4-31, 2018. Applies to new 2019 bookings only and is combinable with other offers except for information session or travel show vouchers. Offers may be changed, cancelled or withdrawn at any time without notice.

MAY BONUS SAVINGS: 2019 Launch Bonus offer of $125 per person is valid only May 4-31, 2018 only. Applies to new 2019 bookings only and is combinable with other offers except for information session or travel show vouchers.

CANADA DAY JULY BONUS:Canada Day offer of €100 per person on-board credit is applicable to all 2019 RMD, France, and Portugal. Validity June 29 - July 31, 2018. Combinable with 2019 Full release Save on Airfare offers and Pay in Full savings. These Offers are not combinable with any other offer or promotion except for Travel Show or info session voucher.

5TH ANNIVERSARY SALE SAVINGS: Valid for New 2019 Bookings only. Book and deposit between August 17 and October 31, 2018. Save $1,000 per person on 15+ day cruises or save $500 per person on 8-14 day cruises. Plus, receive an extended drinks package when you book a Balcony Suite. Extended drinks package includes all wine, beer, and soft drinks while onboard for the duration of your cruise. Staterooms receive savings only. Applies to all 2019 Rhine, Main, Danube, Portugal and France river cruises. Excludes Southeast Asia, Egypt, Dalmatia Coast, and Russia cruises. A non–refundable initial deposit of $500 per person is required within 48hrs of booking with full payment required 90 days prior to departure. Pay in Full by October 31, 2018 to receive additional savings of $150 per person. These offers are not combinable with any other offer or promotion except for Travel Show or Information Session vouchers or exclusive travel agent promotions. Applicable for group bookings made and deposited during promotional period. Cabins are limited and subject to change. Offers may be extended, cancelled or withdrawn at any time without notice.

FLY FREE TO SOUTHEAST ASIA: Valid until for new 2019 bookings from January 26 to December 31, 2018. Non-transferable. Fly Free to Southeast Asia when you book a 12-day or longer itinerary. Receive $1,000 CAD air credit per person in lieu of flights. Receive $500 per person savings on Mekong itineraries under 12 days or $350 per person savings on Irrawaddy itineraries under 12 days. Offer includes air taxes up to $680pp with total ticket cost, including taxes, not to exceed $1,700pp. A non–refundable initial deposit of $500 per person is required at the time of booking, with full payment required 90 days prior to departure. A secondary non–refundable deposit of $1,500 per person is due prior to air ticketing. Emerald Waterways reserves the right to ticket the airfare upon receipt of deposit. Economy Air only on Emerald Waterways’ choice of airlines and routes. Fly from 12 major Canadian gateways: Canadian gateways: YHZ, YYZ, YOW, YUL, YQR, YXE, YWG, YEG, YYC, YVR, YYJ, YLW. All other gateways receive air credit savings. These offers are not combinable with any other offer or promotion except for Travel Show, Agent Training or Information Session vouchers. Group bookings are eligible for offer if booked and deposited during promotional period.

FLY FREE TO SOUTHEAST ASIA (EMERALD HARMONY) Airfare Offer Fly Free on 12+ day itineraries validity July 23 – December 31, 2018 or until sold out. Launch offer: $125 USD onboard credit per person. Validity July 19-August 31, 2018. Alternate launch offer available exclusively for past guests only from July 19-August 15, 2018. New 2019 Mekong bookings only and is non-transferable. Fly Free on all 2019 sailings when you book a 12-day or longer cruise. Receive $1,000 CAD air credit per person in lieu of flights. Offer includes airline taxes with max ticket amount of $1700 per person. A non–refundable initial deposit of $500 per person is required within 48hrs of booking, with full payment required 90 days prior to departure. A secondary non–refundable deposit of $1,500 per person is due prior to air ticketing. Mekong shorter cruises receive a discount of $500 per person. Emerald Waterways reserves the right to ticket the airfare upon receipt of deposit. Economy Air only on Emerald Waterways’ choice of airlines and routes. Fly from 12 major Canadian gateways: Canadian gateways: YHZ, YYZ, YOW, YUL, YQR, YXE, YWG, YEG, YYC, YVR, YYJ & YLW. All other gateways receive air credit savings. These offers are not combinable with any other offer or promotion except for Travel Show & Agent Training vouchers. Group bookings are eligible. Offer may be extended, cancelled or withdrawn at any time without notice.

RUSSIA FLY FOR $495: FLY FOR $495 per person or receive $500 CAD air credit in lieu of flights. Valid for New 2019 Bookings only. Book by August 31, 2018. Offers include airline taxes up to $680 per person with a max ticket amount of $1,500 per person. A non–refundable initial deposit of $500 per person is required at the time of booking, with full payment required 90 days prior to departure. A secondary non–refundable deposit of $1,500 per person is due prior to air ticketing. Emerald Waterways reserves the right to ticket the airfare upon receipt of deposit. Economy Air only on Emerald Waterways choice of airlines from specific Canadian gateways: YHZ, YYZ, YOW, YUL, YQR, YXE, YWG, YEG, YYC, YVR, YYJ, & YLW. All other gateways receive air credit savings. Pay in Full by October 31, 2018 and save an additional $400 per person. These offers are not combinable with any other offer or promotion except information session or travel show vouchers. Taxes & port charges are included in the price. Cabins are subject to availability. Offer may be changed, cancelled or withdrawn at any time without notice. Two drinks are complimentary with on-board meals for Russia river cruises. A Cruise Director from the MS Rossia will be on board along with English speaking guides for excursions. An Emerald Waterways Tour Director will also be on board to assist our group. Emerald Waterways is holding an allocated amount of cabins on the MS Rossia. Individual cabin selection will not be granted with this sailing.

RUSSIA SAVE UP TO $1350 PER PERSON: Valid for new 2019 Russia bookings only. Save $950 per person. Valid from September 1st to December 31st, 2018 or until sold out. Save an additional $400 per person when you pay in full by October 31, 2018. These offers are not combinable with any other offer or promotion except information session or travel show voucher. A non–refundable initial deposit of $500 per person is required within 48hrs of booking, with full payment required 90 days prior to departure. Cabins are subject to availability. Prices are in CAD, based on double occupancy. Offer may be changed, cancelled or withdrawn at any time without notice.

DALMATIAN COAST FLY FOR $295 or $795: Offers valid March 22 until December 31, 2018. Offers apply to new 2019 bookings only and are non-transferable. Fly for $295 per person when you book an 11 or 16 day 2019 Dalmatian Coast sailing. Alternatively, receive $1,000 air credit per person in lieu of flights. Fly for $795 per person when you book an 8 day 2019 Dalmatian Coast sailing. Alternatively, receive $500 air credit per person in lieu of flights. Offer includes airline taxes up to $680 with a max ticket amount of $1,700 per person. A non–refundable initial deposit of $500 per person is required at the time of booking, with full payment required 90 days prior to departure. A non–refundable deposit of $1,500 per person is due prior to air ticketing. Emerald Waterways reserves the right to ticket the airfare upon receipt of deposit. Economy Air only on Emerald Waterways choice of airlines from any of 12 specific Canadian gateways: YHZ, YYZ, YOW, YUL, YQR, YXE, YWG, YEG, YYC, YVR, YYJ, & YLW. All other gateways receive air credit savings. These offers are not combinable with any other offer or promotion except for Travel Show & Agent Training vouchers. Group bookings are eligible. Offer may be extended, cancelled or withdrawn at any time without notice. Prices, itineraries, hotels and inclusions are subject to availability and may change without notice.

EGYPT TOURING FLY FREE OR FLY FOR $295: Offers valid for Egypt itineraries. Fly Free on 15 day or longer itineraries per person or receive $1,000 CAD air credit in lieu of flights. Fly For $295 on 10 day itineraries or receive $650 CAD air credit in lieu of flights. Valid for New 2019 Bookings only. Offer Validity May 18 – October 31, 2018 or until sold out. Airline/Airport taxes up to $680 per person are included. A non–refundable initial deposit of $500 per person is required at the time of booking, with full payment required 90 days prior to departure. A secondary non–refundable deposit of $1,500 per person is due prior to air ticketing. Max amount for ticket is up to $1700 per person. Emerald Waterways reserves the right to ticket the airfare upon receipt of deposit. Economy Air only on Emerald Waterways choice of airlines from specific Canadian gateways: YHZ, YYZ, YOW, YUL, YQR, YXE, YWG, YEG, YYC, YVR, YYJ, & YLW. All other gateways receive air credit savings. Offers are not combinable with any other offer or promotion except information session travel vouchers or May Bonus. Taxes & port charges are included in the price. Cabins are subject to availability.

MARC HERVIEUX HOSTED FRANCE CRUISE:Offer Valid for New 2019 Bookings only on EFRC 28.09.2019. Offer runs June 15 – November 30, 2018 or until sold out. Receive Savings of $750 CAD per person o price. Pricing starts at $4,940 per person, in CAD, based on double occupancy and lowest cabin category available. Savings offered have not been deducted from price. Included in price - Free Extended Drink Package which includes all day wine, beer, and soft drinks, cocktail party, and three opera performances and port charges. A non–refundable initial deposit of $500 per person is required at the time of booking, with full payment required 90 days prior to departure. Offers are not combinable with any other offer or promotion except information session or Travel Vouchers, or Loyalty. Taxes & port charges are included in the price. Cabins are subject to availability. Offer may be changed, cancelled or withdrawn at any time without notice.

VINELAND ESTATES WINERY ANNIVERSARY RHINE CRUISE:Offers and inclusions valid for EWAF060419.2 only for any cabin category. Valid until February 1, 2019. Fly for $495 per person or Receive $500 CAD air credit in lieu of flights. Applicable to any cabin category. Offer includes taxes up to $680 with a max flight cap of $1,350 per person. Premium Drinks package includes all wine, beer, spirits, and soft drinks all day, every day. Minibar restocked daily included. Shore excursion to St. Urbans-Hof Winery and on-board tasting in Andernach included. Includes complimentary DiscoverMORE excursion in Koblenz. A non–refundable initial deposit of $500 per person is required within 48hrs of booking with full payment required 90 days prior to departure. A secondary non-refundable deposit of $1,500 per person is due prior to air ticketing. Emerald reserves the right to ticket the airfare upon receipt of deposit. Economy Air only on Emerald Waterways’ choice of airlines. Fly from 12 major Canadian gateways: YHZ Halifax, YYZ Toronto, YOW Ottawa, YUL Montreal, YWG Winnipeg, YQR Regina, YXE Saskatoon, YEG Edmonton, YYC Calgary, YVR Vancouver, YYJ Victoria, YLW Kelowna. All other gateways receive air credit savings. These offers are not combinable with any other offer or promotion. Applicable to groups booked and paid in full 90 days to departure.

Additional Air Credit terms & conditions 

These offers are based on airfares booked by Emerald. A non-refundable deposit of $1,500 per person may be requested and due prior to ticketing. Emerald reserves the right to ticket the airfare upon receipt of deposit. Offer cannot be combined with any other offer and may be withdrawn at any time. Offer is subject to availability of appropriate airline class and once sold out surcharges will apply.

***Taxes are defined as all airline and government taxes and surcharges. Taxes are subject to change and will be confirmed at the time of issuing air ticket.  Flight Reservations Dependent 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 will apply. The flight quote including air taxes and surcharges will be confirmed once all air sectors are booked and confirmed.

 

All prices are in Canadian Dollars.

 

Passenger Ticket Terms and Conditions    

Version 05/2015

IMPORTANT NOTICE

THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO THE CONTRACT OF CARRIAGE BETWEEN YOU AS THE PASSENGER AND MS EMERALD SKY AG, MS EMERALD STAR AG, MS EMERALD SUN AG, MS EMERALD DAWN AG, MS EMERALD DESTINY AG in CH-6304 Zug / Switzerland (HEREINAFTER "COMPANY") AS CARRIER WITH RESPECT TO THE M.V. "EMERALD SKY", "EMERALD STAR", "EMERALD SUN", "EMERALD DAWN", “EMERALD DESTINY” (HEREINAFTER "VESSEL").

COMPANY (THROUGH THE INTERMEDIARY OF ITS BOOKING AGENTS) ENTERS INTO CONTRACTS OF CARRIAGE, ISSUES ALL CONTRACTS, AND ACCEPTS AND CARRIES PASSENGER AND BAGGAGE ONLY ON AND SUBJECT TO THESE TERMS AND CONDITIONS. THIS CONTRACT IS AN AGREEMENT BETWEEN PASSENGER AND COMPANY, AND THE AGENTS, SERVANTS AND EMPLOYEES OF CARRIER.

THE LIABILITY OF COMPANY TOWARDS PASSENGER IS LIMITED BY OPERATION OF LAW AND BY OPERATION OF THESE CONDITIONS. SECTIONS 5, 6, 9, 10, 12 AND 14 OF THESE TERMS AND CONDITIONS CONTAIN CERTAIN LIMITATIONS OF THE COMPANY'S AND THIRD PARTIES' LIABILITY, INCLUDING LIMITATIONS CONCERNING DEATH OR INJURY CLAIMS, AS WELL AS DAMAGE CLAIMS RELATING TO BAGGAGE AND PERSONAL PROPERTY. YOU THEREFORE SHALL ENSURE THAT YOU ARE PROPERLY INSURED AGAINST ALL RISKS THAT YOU AND YOUR BELONGINGS MAY INCUR.

BY BOARDING OUR SHIP, YOU AGREE TO ACCEPT AND TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS WHICH FOLLOW, INCLUDING SPECIFICALLY THOSE REGARDING YOUR RIGHTS TO SUE, GOVERNING LAW, FORUM AND JURISDICTION.

THANK YOU FOR TAKING THE TIME TO FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS.


CONDITIONS APPLICABLE TO THE CONTRACT

1.    DEFINITIONS:

"Baggage" means all such Passenger baggage allowed on the Vessel pursuant to the terms of this Contract which is placed in Passenger's cabin, or which has been stored in the Vessel's baggage room, holds or safe against receipt therefore at the request of Passenger.

"Booking" means the booking by the Passenger of a Cruise on board the Vessel.

"Company" means MS EMERALD SKY AG, MS EMERALD STAR AG, MS EMERALD SUN AG, MS EMERALD DAWN AG, MS EMERALD BELLE AG in CH-6304 Zug / Switzerland.

"Conditions" means these terms and conditions.

"Contract" means the booking confirmation and the contract for a Cruise on board the Vessel resulting from a booking, including these Conditions, as concluded between Company and Passenger through a Booking.

"Conventions" means the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974, and the Protocols thereto of 1976 and 1990 (hereinafter "Athens Convention"), and, where applicable, the Strasbourg Convention on the Limitation of Liability in Inland Navigation, 1988 (hereinafter "CLNI Convention").

"Cruise" means a trip of a number of days and/or a specific itinerary contracted by Passenger with Company.

"Dangerous articles" include articles such as firearms, explosives, oxygen or inflammable or combustible substances, alcohol, drugs, illegal substances, or other dangerous goods.

"Passenger" means every person named on the face of this Contract and/or travelling under this Contract or occupying the cabin designated on this Contract, including their heirs, successors in interest and personal representatives.


"Valuables" includes but is not limited to jewellery, money, bullion, precious metals or stones, plate or other objects of a rare or precious nature, bonds, securities, negotiable and financial instruments and /or tickets.

"Vessel" means the river cruise ships "EMERALD SKY", "EMERALD STAR", "EMERALD SUN", "EMERALD DAWN", “EMERALD BELLE” or any substitute ship chartered or operated or provided by Company, whether owned chartered, or operated by Company or by third parties on which Passenger may be travelling, and its tenders or any other similar means of conveyance.

2.    NON-TRANSFERABILITY / BINDING EFFECT

The Contract is valid only for Passenger or Passengers named herein for the Cruise, date and Vessel indicated. It may not be sold or transferred. The terms and conditions of the Contract are binding on, and confer benefits to Passenger, Passenger's spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. Passenger represents and warrants that she/he is duly authorized by and on behalf of all Passengers (including minor children) named on the Booking to agree to and to bind all such Passengers to these terms and conditions.

3.    EMBARKATION

Passenger is required to be on board the Vessel at least one hour before the initial scheduled departure time of the Cruise and any departure time subsequently announced during the Cruise. At the time of embarkation Passenger is responsible for having received all medical inoculations necessary for the Cruise and having in his/her possession the Contract and/or Booking confirmation, valid passport, visas, medical card and other documents necessary for scheduled ports of call and disembarkations. Company shall have no liability to Passenger whatsoever if Passenger is not on board prior to the Vessel's departure.

4.    BAGGAGE, VALUABLES AND OTHER POSSESSIONS

Due to space limitations, each Passenger may bring aboard the Vessel one (1) suitcase without charge (additional baggage may be subject to an excess baggage charge). All Baggage must be securely packed and distinctly labelled with Passenger's full name, the name of the Vessel, and the cabin number of Passenger and the sailing date of the Vessel. Under no circumstances, may Dangerous Articles be taken aboard the Vessel.

Any such item shall be surrendered to the Captain of the Vessel at embarkation, and may be disposed of in the sole discretion of the Captain. Pets and other animals are not allowed on board the Vessel. Hand or unlocked luggage, breakables and valuables must be hand-carried by Passengers on and off the Vessel, and may not be included with check-in Baggage. Company shall not be responsible for loss or damage to such items and shall not be responsible for goods that Company would not have allowed on the Vessel, had it known of the existence thereof.

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

The total value of the Baggage, Valuables and other personal belongings of a Passenger aboard the Vessel who does not deposit Valuables for safekeeping, as described in this Contract, shall be deemed not to exceed the amount of one thousand eight hundred (1,800) units of account (also known as special drawing rights or SDRs) per Passenger and Company's liability, if any, for loss of or damage to such belongings is limited to a maximum of one thousand eight hundred (1,800) SDRs per Passenger. Company provides safekeeping for Valuables aboard the Vessel and encourages Passengers to deposit any Valuables brought aboard the Vessel with the designated officer who will issue a receipt for such Valuables. Company shall not be liable for any loss of or damage to Valuables unless they have been delivered to the designated officer and a receipt issued. The value of articles delivered for safekeeping shall be deemed not to exceed two thousand seven hundred (2,700) SDRs, unless company agrees in writing to a higher value for the articles at the time of delivery to the designated officer. Unless specifically provided elsewhere in this Contract, Company shall have no liability for loss or damage to Baggage or personal effects. Personal belongings lost while unattended in public lounges or other public areas, whether on board the Vessel or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, and other acts-of-God are not reimbursable. Settlements of reimbursable claims for lost belongings will be made on the basis of actual cash value (replacement cost less depreciation). Settlements of reimbursable claims for damaged items will be on the basis of cost of repair or actual cash value, whichever is less. No amount shall be paid in settlement of any claim without proof of the actual cash value or repair cost as appropriate arising from the loss or damage. Such proof must be sent to Company. Company liability must be proven before any settlement will be paid.

6.    COMPANY'S LIABILITY / TIME LIMITS FOR PROPERTY DAMAGE AND PERSONAL INJURY CLAIMS

(A)    THE PROVISIONS AND LIMITATIONS AS CONTAINED IN THE LAWS OF SWITZERLAND (INCORPORATING THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974 (THE "ATHENS CONVENTION") AND THE PROTOCOLS THERETO OF 1976 AND 1990 SHALL APPLY.

(B)    COMPANY SHALL BE LIABLE ONLY IN ACCORDANCE WITH THE PROVISIONS AND LIMITATIONS AS CONTAINED IN THE LAWS OF SWITZERLAND INCORPORATING THE ATHENS CONVENTION AND THE CLNI CONVENTION). SWISS LAW IN MOST CASES LIMITS COMPANY'S INDIVIDUAL LIABILITY FOR DEATH, PERSONAL INJURY, AND LOST OR DAMAGED PROPERTY TO NO MORE THAN ONE HUNDRED AND FIFTY-SEVEN THOUSAND (175,000) SDRs.

(C)    IN ACCORDANCE WITH THE AFORE-MENTIONED LEGISLATION IT IS PRESUMED THAT LUGGAGE HAS BEEN DELIVERED UNDAMAGED UNLESS WRITTEN NOTICE IS GIVEN TO COMPANY: (I) IN THE CASE OF APPARENT DAMAGE, BEFORE OR AT THE TIME OF DISEMBARKATION OR REDELIVERY; OR (II) IN THE CASE OF LOSS OR NON-APPARENT DAMAGE, WITHIN 15 DAYS OF THE DATE OF DISEMBARKATION OR RE-DELIVERY OR FROM THE TIME WHEN REDELIVERY SHOULD HAVE TAKEN PLACE.

(D)    UNDER THE AFORE-MENTIONED LEGISLATION ANY ACTION FOR DAMAGES ARISING OUT OF PERSONAL INJURY, DEATH, OR LOST OR DAMAGED LUGGAGE SHALL BE TIME-BARRED AFTER A PERIOD OF TWO (2) YEARS. THE LIMITATION PERIOD SHALL BE CALCULATED AS FOLLOWS (I) IN THE CASE OF PERSONAL INJURY, FROM THE DATE OF DISEMBARKATION OF PASSENGER; (II) IN THE CASE OF DEATH, FROM THE DATE WHEN PASSENGER SHOULD HAVE DISEMBARKED OR THE DATE OF DEATH, WHICHEVER IS LATER; (III) IN THE CASE OF LOST OR DAMAGED LUGGAGE, FROM THE DATE OF DISEMBARKATION OR FROM THE DATE WHEN DISEMBARKATION SHOULD HAVE TAKEN PLACE, WHICHEVER IS LATER.

(E)    IN NO CASE SHALL AN ACTION BE BROUGHT AFTER THE EXPIRATION OF A PERIOD OF THREE YEARS FROM THE DATE OF DISEMBARKATION OF PASSENGER OR FROM THE DATE WHEN DISEMBARKATION SHOULD HAVE TAKEN PLACE, WHICHEVER IS LATER.

(F)    COMPANY SHALL NOT BE LIABLE FOR LOST OR DAMAGED VALUABLES, EXCEPT WHERE SUCH VALUABLES HAVE BEEN DEPOSITED WITH COMPANY AGAINST RECEIPT FOR THE PURPOSE OF SAFEKEEPING IN WHICH CASE COMPANY SHALL BE LIABLE UP TO THE LIMIT AS PROVIDED FOR IN SWISS LAW, I.E. 2,700 SDRs.

(G)    WHERE ANY OF THE CONVENTIONS PERMIT COMPANY TO APPLY A DEDUCTIBLE, COMPANY MAY APPLY THAT DEDUCTIBLE.

(H)    IN THE EVENT IT IS DETERMINED THAT COMPANY IS NOT ENTITLED TO ALL OF THE BENEFITS OF THE CONVENTIONS, INCLUDING THE LIMITATIONS STATED ABOVE, 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 DAY OF DEATH OR INJURY, THE LAWSUIT IS COMMENCED NOT LATER THAN ONE (1) YEAR AFTER THE DAY OF DEATH OR INJURY, AND VALID SERVICE OF THE LAWSUIT ON COMPANY OR THE VESSEL, AS APPLICABLE, IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE-YEAR PERIOD. FOR ALL OTHER CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOSS OR DAMAGE TO BAGGAGE, BREACH OF CONTRACT, OR OTHER CLAIM, PASSENGER MAY NOT MAINTAIN A LAWSUIT AGAINST COMPANY OR THE VESSEL, UNLESS COMPANY IS PROVIDED WITH WRITTEN NOTICE OF CLAIM WITHIN THIRTY (30) DAYS AFTER THE DATE OF DISEMBARKATION, THE LAWSUIT FOR SUCH CLAIM IS COMMENCED NOT LATER THAN ONE YEAR AFTER THE DATE OF DISEMBARKATION, AND VALID SERVICE OF THE LAWSUIT ON THE VESSEL OR COMPANY, AS APPLICABLE, IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE-YEAR PERIOD. IN THE CASE OF A CLAIM BY OR ON BEHALF OF A MINOR OR LEGALLY INCOMPETENT PERSON, THE TIME PERIODS DESCRIBED ABOVE SHALL BEGIN TO RUN ON THE EARLIER OF: (A) DATE OF APPOINTMENT OF A LEGAL REPRESENTATIVE FOR THE MINOR OR LEGALLY INCOMPETENT PERSON, OR THEIR ESTATE (AS THE CASE MAY BE); OR (B) THREE (3) YEARS AFTER THE DATE OF DEATH, INJURY OR DAMAGE, AS APPLICABLE.

(I)    CERTAIN THIRD PARTIES DERIVE RIGHTS AND EXEMPTIONS FROM LIABILITY AS A RESULT OF THE TERMS AND CONDITIONS STATED HEREIN. ALL OF COMPANY'S RIGHTS, EXEMPTIONS FROM LIABILITY, DEFENCES AND IMMUNITIES UNDER THIS CONTRACT (INCLUDING, BUT NOT LIMITED TO, THOSE ARISING UNDER THIS SECTION 6 OR APPLICABLE LAW) INURE TO THE BENEFIT OF COMPANY'S EMPLOYEES AND AGENTS, TOGETHER WITH THE VESSEL AND THE VESSEL'S TENDERS, OPERATORS, MANAGERS, CHARTERERS, OFFICERS, STAFF, CREWMEMBERS, SHIPBUILDERS AND MANUFACTURERS OF ALL COMPONENT PARTS. THESE THIRD PARTIES WILL HAVE NO LIABILITY TO PASSENGER, EITHER IN CONTRACT OR IN TORT, WHICH IS GREATER THAN OR DIFFERENT FROM COMPANY'S LIABILITY.

(J)    IF A WRITTEN CLAIM IS NOT MADE AND SUIT IS NOT COMMENCED WITHIN THE TIME PROVIDED IN THIS SECTION 6, THEN PASSENGER CLAIMS WILL BE EXTINCT, AND PASSENGER WAIVES AND RELEASES ANY RIGHT SHE/HE MAY HAVE TO MAKE A CLAIM AGAINST COMPANY FOR ANY SUCH DAMAGE, BODILY INJURY, EMOTIONAL DISTRESS OR INJURY OR DEATH OR LOSS.

(K)    COMPANY SHALL HAVE THE RIGHT AT ALL TIMES TO AVAIL THEMSELVES AND HAVE THE BENEFIT OF ANY AND ALL APPLICABLE GLOBAL LIMITATION OF LIABILITY OR EXONERATION OF LIABILITY RULES, REGULATIONS OR STATUTES, SPECIFICALLY INCLUDING FURTHER PROVISIONS OF THE STRASBOURG CONVENTION ON THE LIMITATION OF LIABILITY OF OWNERS OF INLAND NAVIGATION VESSELS (CLNI), 1988, AS ADOPTED BY SWITZERLAND, AS WELL AS OF THE INTERNATIONAL CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976, WITH REVISIONS AND AMENDMENTS, IF AND AS APPLICABLE AND BY THOSE OTHER AND FURTHER LIMITATIONS OF LIABILITY SET FORTH IN THE STATUTORY AND GENERAL MARITIME LAW OF SWITZERLAND, AS THE LAW GOVERNING THIS TICKET CONTRACT: SIXTY THOUSAND (60,000) SDRs (MULTIPLIED BY THE NUMBER OF PASSENGERS THE VESSEL, ACCORDING TO ITS CERTIFICATE, IS ALLOWED TO ACCOMMODATE; NOT TO EXCEED IN ANY EVENT MORE THAN TWENTY-FIVE (25) MILLION SDRs) TO APPLY TO THE AGGREGATE OF ALL CLAIMS WHICH ARISE ON ANY DISTINCT OCCASION AGAINST CARRIER, WITH RESPECT TO DAMAGES SUFFERED ON A SEAGOING VESSEL AND, AS REGARDS DAMAGES SUFFERED ON AN INLAND NAVIGATION VESSEL, NOT TO BE LESS THAN SEVEN HUNDRED AND TWENTY THOUSAND (720,000) SDRs OR MORE THAN (I) 3 MILLION (3,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF NOT MORE THAN 100; (II) 6 MILLION (6,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF NOT MORE THAN 180; (III) 12 MILLION (12,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF MORE THAN 180. 

A COPY OF THE ATHENS CONVENTION AND CLNI WILL BE PROVIDED BY COMPANY UPON WRITTEN REQUEST.

7.    ITINERARY / RIGHT TO CHANGE / DETENTION

Company will make every reasonable effort to undertake the advertised and any other agreed and offered Cruise but no Cruise is guaranteed and Cruises may be altered, delayed, amended, or cancelled subject to circumstances. If the performance of the proposed Cruise is hindered or prevented (or in the opinion of Company is likely to be hindered or prevented by war whether declared or not), hostilities, terrorist action or threat thereof, blockade, weather condition, high or low water levels, ice, labour conflicts, breakdown of the Vessel, congestion, lock operational malfunction, docking difficulties or any other cause whatsoever or if Company considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the place of disembarkation may expose the Vessel to risk of loss or damage or to be likely to delay her, Passenger and his property may be landed at the place of embarkation or at any place which Company or the Captain of the Vessel in his or her discretion may reasonably decide upon, at which place the responsibility of Company shall cease and this Contract shall be deemed to have been fully performed, or if Passenger has not embarked, Company may cancel the proposed Cruise and may refund Passenger money or fares paid in advance. 

Company reserves the right at its sole option and discretion, without any liability for damages or refund, of any kind to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or lengthen any Cruise, to omit or change ports of call, to arrange for substantially equivalent transportation by another vessel and/or by other means of transportation, including without limitation by coach or other land transportation alternatives, whether belonging to the Company or not, and to cause Passenger to disembark from the Vessel temporarily or permanently. Company may for any reason whatsoever cancel any Cruise or terminate the Contract at any time before departure of the Vessel, and in such event, Company's only liability will be to refund to Passenger the amount it has received for the Contract. For purposes of assisting other vessels or protecting life or property, the Captain of the Vessel has the right, at his or her sole discretion, to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or cancel any Cruise, to omit or change any ports of call, to tow or to be towed, to transfer Passenger and Passenger's baggage to any other vessel and/or other means of transportation whether belonging to Company or not, cause Passenger to disembark the Vessel temporarily or permanently, and Passenger shall have no claims against Company in such circumstances.

8.    HEALTH AND SECURITY / INDEMNIFICATION BY PASSENGER

Passenger represents and warrants that Passenger is physically and otherwise fit to travel; that she/he will at all times comply with Vessel's rules and regulations and orders and directions of the Vessel's officers and staff; that his/her conduct will not impair the safety of the Vessel or inconvenience other passengers. Company and the Captain of the Vessel, without liability, at any time, may refuse to transport or may land any Passenger at any port or place, or transfer Passenger to other means of transportation because of health or physical condition, mental disorder, failure to abide by Vessel regulations, failure to possess necessary passports, visas and health or vaccination certificates, or other causes rendering Passenger unfit to travel on the Vessel. If Passenger is refused passage or leaves the Vessel prior to the end of the Cruise for any of the reasons described in this section or for other reasons including, but not limited to, personal, medical, or business reasons, Company will not be required to refund any portion of the Contract price, or be responsible for any of Passenger's cost. Passenger hereby consents to a reasonable search being made of Passenger's person, baggage or other property, such search to be carried out in its presence and if that is not possible in the presence of two persons not employed or otherwise contracted by company in the performance of its duties and to the removal and confiscation or destruction of any object which may, in the opinion of Company, impair the safety of the Vessel or inconvenience other Passengers. Passenger shall indemnify Company for all penalties, fines, charges, losses or expenses incurred or imposed upon Company or the Vessel by virtue of any act or violation of law by Passenger.

9.    PASSENGER RESTRICTIONS

Company does not discriminate against persons on the basis of disability. Company is unable to accommodate women past their sixth month of pregnancy and children less than six months of age. Company may limit the number of Passengers less than three years of age aboard the Vessel. Any child under the age of eighteen must be accompanied by an adult over the age of twenty-one. If the accompanying adult is not a parent, a "Parental Consent Guardianship Form" must be signed by a parent or legal guardian of the child and received by Company prior sailing. Passenger is required to advise Company in writing, at or prior to the time a Cruise is booked, of any physical, emotional or mental condition which may require professional attention during the Cruise. The vessel can accommodate collapsible wheel chairs on board, to be stored in the guest cabin, however a wheel chair will not have full access to all ship facilities and locations, and embarkation & disembarkation may not be possible in a wheelchair. Passengers with mobility impairments must be accompanied by someone who is able to assist Passenger, on shore and on board the Vessel, and is responsible for providing Passenger all necessary aid and facilities. If any such condition arises after the Cruise is booked, Passenger is required to advise Company in writing immediately. Company and all personnel aboard the Vessel shall have no liability to Passenger relating to such condition or its treatment.

10.    INDEPENDENT CONTRACTOR / SHORE TOURS / LIMIT OF LIABILITY

Company makes no representations concerning and has no responsibility for tours, including, without limitation, shore excursions, hotels, restaurants and transportation, whether by vessel, air, rail, land or other means, not owned or operated by Company. Company shall have no obligation or liability of any kind to Passenger for acts of omissions in connection with or arising out of arrangements with independent contractors. Arrangements with independent contractors include, but are not limited to the following: (1) airline and surface transportation; (2) services or products available for Passenger's convenience aboard the Vessel; (3) services, products or transportation provided other than aboard 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 tour operators, travel agents, booking agents or Company. The Passenger's agreements with independent contractors are not covered by this Contract and shall be subject to the terms and conditions of Passenger's agreements with such carriers and independent contractors, whether or not any products sold, services tendered or transportation provided to Passenger is arranged directly or through Company or its booking agents. Passenger agrees that all rights, exemptions from liability, defences and immunities of whatsoever nature referred to in the Contract applicable to Company or the Vessel, shall in all respects inure also for the benefit of any servant agent or independent contractor of Company acting in the course of or in connection with their employment so that in no circumstances shall any such servant, agent or independent contractor, as the result of so acting, be under any liability to any such Passenger different from that of Company.

11.    NO LIABILITY FOR MEDICAL TREATMENT

No staff doctors or nurses are employed by Company on the Vessel. If Passenger requires medical attention during the Cruise, medical services will be provided at local facilities. Passenger shall be responsible for all costs and expenses of medical services, treatment and medications. Company shall have no liability whatsoever for any costs incurred in connection with medical services, or for the quality of care Passenger receives. Passenger consents to treatment by medical professionals designated by Company, if Passenger is unable to request or authorize medical treatment and, in the opinion of the Vessel's officer, medical attention is necessary, solely at the expense of Passenger and without liability to Company.

12.    PAYMENT BY PASSENGER AND EXTRA EXPENSES

Any and all payments by Passenger to Company shall be made in currency of the Commonwealth of Australia or such other currency acceptable to Company. All charges for services and products provided on board the Vessel must be settled in cash or charged (via credit 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.

13.    LIABILITY LIMITATION FOR LOSS OF LIFE OR BODILY INJURY

If Passenger is injured, becomes ill, or dies, or Passenger's property is lost or damaged, or Passenger and/or his/her property are delayed, Company will not be liable to Passenger for any damages unless the occurrence was due to the negligence or wilful fault of Company itself. Company disclaims liability to Passenger under any circumstances for infliction of emotional distress, mental suffering or psychological injury which was not: (1) the result of physical injury to Passenger caused by the negligence of fault of a crewmember or the manager, agent, master, owner or operator of the Vessel; (2) the result of Passenger having been at actual risk of physical injury, and such risk was caused by the negligence or fault of a crewmember or the manager, agent, master, owner or operator of the Vessel; or (3) intentionally inflicted by a crewmember or the manager, agent, master, owner or operator of the Vessel. In no event will Company be liable to Passenger for consequential, incidental, exemplary or punitive damages. In addition to all of the restrictions and exemptions from liability provided in this Contract, the liability of Company for the death of or personal injury (including emotional distress or injury) to a Passenger 
shall in no event exceed the monetary limitations set forth in Article 118 of the Swiss Act on Maritime Navigation and the Athens Convention and its Protocols of 1976 and 1990 to which such article refers, together with Article 127 of the same Act. Nothing in the Contract is intended nor shall operate to limit or deprive Company of any such statutory limitation of or exoneration from liability, or of the benefits of any statute or law of any country which might be applicable providing for exoneration from or limitation of liability.

14.    FORCE MAJEURE

Company shall not be liable in any way to Passenger for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for Company's failure to commence, perform and/or complete any duty owed to Passenger if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war-like operations, terrorist activities, civil commotions, labour difficulties, whether or not Company is a party thereto, interference by authorities, requisitioning of the Vessel, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Vessel, explosion, breakdown or failure of or damage to the Vessel or its hull, machineries or fittings, weather conditions, high or low water levels, lock malfunction, that may arise or be caused by, riots, insurrection and government restraint, fire, or any other cause whatsoever beyond the reasonable control of Company.

15.    CHOICE OF LAW

THE CONTRACT IS CONSIDERED TO BE ISSUED AT ZUG, SWITZERLAND. THE LAW GOVERNING ALL ASPECTS OF THESE TERMS AND CONDITIONS IS STIPULATED AND AGREED TO BE THE STATUTORY AND GENERAL LAW OF SWITZERLAND, WITH REFERENCES TO WHICH THESE TERMS AND CONDITIONS ARE MADE.
 

16.    CHOICE OF FORUM

ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE BOOKING, THE CONTRACT (INCLUDING THESE TERMS AND CONDITIONS), THE OWNERSHIP AND/OR THE OPRATION OF THE VESSEL, WHETHER AGAINST COMPANY IN PERSON OR THE VESSEL, SHALL BE DETERMINED BY THE CIVIL COURT IN BASEL, SWITZERLAND ("ZIVILGERICHT BASEL-STADT"), TO THE JURISDICTION TO WHICH COMPANY AND PASSENGER AND ALL PERSONS IN PASSENGER'S PARTY HEREBY SUBMIT THEMSELVES, AND TO THE EXCLUSION OF THE JURISDICTION OF OTHER SWISS COURTS AND THE COURTS OF ANY OTHER COUNTRY.

IF ANY ACTION IS INITIATED IN ANY COURT OTHER THAN THE COURT OF BASEL, SWITZERLAND, COMPANY AND PASSENGER AND ALL IN PASSENGER'S PARTY AGREE TO THE IMMEDIATE TRANSFER OF SAID ACTION TO THE COURT OF BASEL, SWITZERLAND, ANY ATTORNEY'S FEES AND/OR COSTS INCURRED IN SUCCESSFULLY TRANSFERRING AN ACTION BROUGHT IN ANY VENUE OTHER THAN BASEL, SWITZRELAND, SHALL BE AWARDED TO THE PARTY PROCURING THE TRANSFER AND SHALL BECOME DUE AND PAYABLE AT THE TIME OF THE TRANSFER.

17.    INTERPRETATION

Should any provisions of the Contract be contrary to or invalid by virtue of the law of any jurisdiction or be so held by a court of competent jurisdiction, such provision shall be deemed to be severed from the Contract and of no force and effect and all remaining provisions herein shall continue to be in full force and effect. The headings of these Conditions are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Whenever the context so requires, references to the male gender shall include references to the female, and references to the singular shall include the plural and vice-versa.

18.    WARRANTIES / PERIOD OF RESPONSIBILITY / CONSEQUENTIAL DAMAGES EXCLUDED

All warranties including warranties of fitness for use and merchantability are expressly excluded from the Contract. Company shall under no circumstances be liable for delay or for any indirect, special or consequential damages. The liability of Company is limited to the time that Passenger or Baggage is actually on board the Vessel. Company therefore does not accept any liability when Passenger or Baggage is not on board.

19.    WRITTEN NOTICES

Except as otherwise expressly provided in the Contract, all written notices required by this Contract must be mailed, postage prepaid to: Emerald Waterways, P.O. Box 4732, CH-6304 Zug, Switzerland.

20.    ENTIRE AGREEMENT

This Contract (including these Conditions) together with the Booking confirmation represent the entire agreement and a binding contract between Passenger and Company. Passenger's acceptance of the Booking constitutes Passenger's consent to the provisions of the Contract (including these Conditions). These Conditions supersede any oral or written representations. Any change in these Conditions must be in writing and signed by the President of Company and may require a commensurate increase in fare.

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