Our Terms and Conditions
Important: By booking a tour, cruise or other vacation package sold by Emerald Waterways, and paying the booking deposit, you are agreeing to these terms and conditions, which creates a binding contract between Emerald and You, the customer. Please read this contract carefully, as it contains important terms and conditions including, without limitation, penalties for cancellation and specific limitations on Emerald’s liability and that of its affiliates and other third parties.
- The Contract.
1.1 The contract between ST Touring Canada Limited trading as either Scenic or Emerald Waterways (“Scenic”, “Emerald”, “We”, “Us” or “Our”) and You includes:
(a) these Terms and Conditions; and
(b) Your Itinerary;
(c) the terms and conditions of the cruising ticket provided by the vessel owner prior to You embarking on a European River Cruise. (“the Cruising Ticket Contract”) and (“Contract”).
1.2 It is important that You carefully read the Contract as You will be bound by it once You have signed these Terms and Conditions or otherwise paid the earlier of your Booking Deposit or the Cruise or Tour Price.
Conduct of cruises or tours advertised in this brochure is governed by Emerald Waterways in accordance with the following Terms and Conditions. We will either: (a) provide the Cruise or Tour directly through Our staff; or (b) arrange for the Cruise or Tour to be provided by a Service Provider. It is important that you carefully read the Terms and Conditions as you will be bound by them. Payment of the Booking Deposit (as defined in your itinerary) or full Cruise or Tour Price represents your acceptance of these Terms and Conditions. All funds must be paid in Canadian dollars, subject to express written notice from Emerald Waterways.
3. Must Read – Important Information.
You acknowledge and agree that there are general risks associated with travelling, which are beyond Emerald Waterways’ control and as such Emerald Waterways cannot be liable for any loss, cost or damage you may incur as a result of these general risks. Such general risks include but are not limited to:
(a) cruise or tour variations or interruptions caused by road, river or weather conditions; national or local holidays affecting the closure of public buildings and attractions; strikes, civil disturbances and advices by governments; Force Majeure Events (defined below); hazards associated with travelling in undeveloped areas;
travel by boat, train, automobile, aircraft and other means of transportation; high water levels; low water levels; flooding; lock closures; unscheduled vessel or vehicle maintenance or for any other circumstances beyond Emerald Waterways’ control; 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; and any changes to government visa or travel requirements.
(b) You acknowledge and agree that where the cruise or tour or any part of the cruise or tour, accommodation, flights or any other goods or service is not directly provided by Emerald Waterways or our staff, but is provided by a third party service provider, Emerald Waterways Is not liable for any dispute or claim including, without limitation, for loss, damage, breach of contract or negligence arising from the conduct of such service provider, and any such dispute or claim may only be pursued directly against the relevant service provider.
(c) It is your sole responsibility to make your own enquiries regarding your trip, including any relevant government travel safety warnings.
4. In addition to (and in no way affecting) those limitations set out in clause 3. (a)-(c) above.
You acknowledge and agree that where You ride on a motorcoach as a part of a Cruise or Tour, neither Emerald Waterways nor Our agents, nor third parties co-operating a Cruise or Tour on Our behalf, will be liable to You for any injury, illness or death or for any damages or claims You may have against Emerald Waterways or Our agents or relevant third parties arising from any accident or incident occurring while You are riding on a motorcoach, if (at the time of any such accident or incident) You are not:
(1) wearing a safety belt while seated in the motorcoach; or
(2) seated while the motorcoach is in motion.
5. Noise, Vibration and Odour.
While Emerald Waterways takes reasonable steps to minimize noise, vibration and odours on the cruise ships, you acknowledge and accept that some noise, vibration and intermittent odours may be experienced on vessels and that Emerald Waterways will not be liable to you in relation to any such noise, vibration or odours.
6. Travel Insurance.
We strongly recommend that you arrange comprehensive travel insurance, which includes coverage against loss of deposit or cancellation fees and covers any unforeseen circumstances that may occur during the tour. Emerald Waterways is not liable in any regard if you choose not to get Travel Insurance, and you agree to indemnify and hold Emerald Waterways harmless for any expenses or delays incurred as a result of your choice to decline or not adequately insure yourself.
7. Booking Deposit & Cruise or Tour Payment.
(a) Booking Deposit.
You must pay the Booking Deposit within 2 days of making your Booking. Please refer to the itinerary of your selected cruise or tour, for your applicable Booking Deposit. Deposits are as stated in the itinerary, subject only to express promotional offers from Emerald Waterways. Any accommodation, sightseeing or flights not listed in your itinerary are not included in the Booking Deposit and are payable separately. Your Booking will be automatically cancelled if your Booking Deposit is not received by Emerald Waterways on or before the due date. Booking Deposits are non-refundable and non-transferable.
(b) Bookings within 90 days.
If you place a booking with Emerald Waterways within 90 days or less of your chosen departure date, full payment of the Cruise or Tour Price (as defined in your itinerary) is required before we can request and confirm your booking. If the cruise or tour is not able to be fully confirmed, then we will refund all funds paid to us, and Emerald Waterways will have no further obligations or liability to you in respect of your booking.
(c) Final Payment.
The balance of the Cruise or Tour Price must be paid no later than 90 days prior to the cruise or tour departure date. It is your sole responsibility to effect payment of the Cruise or Tour Price by the due date. You must pay the Cruise or Tour Price immediately in full if your reservation is made within 90 days of the cruise or tour departure date.
8. Late Booking Fee.
A late booking fee of $50.00 per file is payable on all bookings made within 21 days of cruise or tour departure.
9. Variation Fee.
An administration fee of $50.00 is payable for each variation to your booking (except variation to the cruise or tour departure date, which will attract cancellation fees, as set out in section 10. Emerald Waterways may choose to accept or reject your request for variation in its sole discretion).
10. Cancellation Fees.
You will be liable for cancellation fees, calculated as follows:
DAYS OF NOTICE PRIOR CANCELLATION CHARGE
TO TOUR COMMENCEMENT (PER PERSON)
90 days and over Loss of deposit
89-60 days 35% of Tour Price
59-30 days 50% of Tour Price
Less than 30 days 100% of Tour Price
Cancellation notices must be issued to Emerald Waterways in writing during office hours. A cancellation notice will not be accepted by Emerald Waterways until it is received in writing. You may also be liable to pay cancellation fees to airlines and other third parties. Any changes to your cruise or tour departure date or name changes will be deemed a cancellation and the applicable cancellation fees will apply. *Please refer to the itinerary of your selected cruise or tour, for your applicable Booking Deposit.
11. Cruise/Tour Price.
Emerald Waterways reserves the right to vary Cruise or Tour Prices at any time, in its absolute discretion, to account for any increase in costs, including but not limited to airfares, fuel, government taxes and charges, exchange rate fluctuations or other cruise or tour related costs or tariffs. If Emerald Waterways has received the full amount of the Cruise or Tour Price from you, there will be no increases to your cruise or tour price, regardless of any increases in the cruise or tour costs inside or outside of our control. If you have not paid the full amount of the Cruise or Tour Price, and we must vary your Cruise or Tour Price due to an increase in cruise or tour costs outside of our control, any increase Emerald Waterways applies to the Cruise or Tour Price will be only to the extent required to meet such additional costs. Please note, Port and Sundry charges are not included in the price of any of our cruise or tour products. All Cruise or Tour Prices are quoted in Canadian dollars.
12. Payments to Travel Agents.
In the event you booked your cruise or tour through a travel agent, your travel agent may forward your deposit or final payment to Emerald Waterways on your behalf. A payment to your travel agent is not a payment to Emerald Waterways until such time as Emerald Waterways provides confirmation of receipt. Emerald Waterways is not responsible for any payments made to travel agents.
13. Tour Operation.
Your booking is conditional on Emerald Waterways receiving a minimum number of tour or cruise bookings to operate the tour and ensure an enjoyable group atmosphere, at Emerald Waterways’ sole discretion. Where sufficient numbers cannot be achieved, Emerald Waterways may cancel or suspend a scheduled departure of the tour. Emerald Waterways will use reasonable efforts to provide notice of cancelled or suspended tours at least 60 days prior to the scheduled departure date. Any changes to your tour itinerary will be notified to you (a) if prior to your tour departure, by telephone, email or mail; (b) if during your tour, personally by your Cruise Director or Tour Director.
14. Tour Cancellation.
In the event a tour or cruise is cancelled by Emerald Waterways for any reason prior to departure, Emerald Waterways will use reasonable efforts to offer the closest available tour or cruise departure, subject to the refund or payment of any Tour Price difference. If you accept the alternative tour or cruise departure, you will be bound by these Terms and Conditions with respect to the alternative tour or cruise. If you do not accept the alternative tour or cruise departure within a period of 7 days, Emerald Waterways’ contract with you will terminate and Emerald Waterways will refund all monies paid directly to Emerald Waterways and Emerald Waterways will have no further liability to you. Emerald Waterways will not be liable for any third party costs you incur as a result of cancellation, including without limitation, for airfares or other arrangements booked independently through or paid to a travel agent.
15. Tour delay.
Where Emerald Waterways delays the departure of a Tour or cruise, for whatever reason, for more than 7 days, You may terminate this Contract and We will either: (a) provide you with a full refund of all amounts paid to us; or (b) provide you with a credit towards future tours with Emerald Waterways which will be valid for 24 months from the date you notify us of the termination of this contract.
16. Included in Tour Price.
The following items are included in your Tour Price only when indicated on your itinerary (and include any applicable GST/HST): coach and cruise travel; services of an Emerald Waterways Cruise Director or Tour Director; airport transfers outside of Canada; specified meals; beverages (refer to clause 38); internal flights (as specified in your itinerary); accommodation; sightseeing(as specified in your itinerary); and admissions as stated; and gratuities and tipping on Emerald Waterways -operated land tours and river cruises. Please note that no refunds are available in respect of any unused services. New for 2017 pricing only - Port and sundry charges and taxes are now included in your tour price for all 2017 departures listed in the brochure.
17. NOT Included in Tour Price.
Items not included in the Tour Price include: any airfare not specifically included in your itinerary; any port taxes excluding 2017 departures; any airline taxes not specifically included in your itinerary; fees associated with any optional activity; entrance fees, gratuities and transportation; fees associated with any accommodation upgrades; any meals not specifically included in your itinerary; beverages (other than those specified in clause 38); any fees for laundry; any passport fees; any required visas; any vaccinations; any government taxes and charges other than GST/HST; and any items of a personal nature. Port and Sundry charges are not included in the price of any of our tour products. Please note that changes to flight schedules may require additional overnight accommodation at your own expense. Any modified travel arrangements required due to illness or personal reasons are at your own expense.
18. Erroneous Pricing.
Emerald Waterways reserves the right not to honour any published prices that Emerald Waterways determines were erroneous due to printing, electronic, or clerical error.
19. Cruise Cabins.
Tour Prices are based on cabin categories set out in the brochure. Upgrades are subject to availability and additional cost.
20. Airfare Conditions.
Discounted airfares are subject to availability and conditions apply. Your Emerald Waterways reservations consultant will book the most appropriate fare for your tour. Please note that some discounted airfares have conditions making them unsuitable for use with these tours. Full details and conditions may be obtained from your travel agent or Emerald Waterways reservation consultant. Any changes made after air ticketing will incur amendment fees or may be 100% non-refundable. Emerald Waterways will ticket airfares between receipt of deposit and travel departure at its sole discretion. All airfares are subject to routing restrictions. Airfares and applicable taxes may be subject to increase without notice due to factors outside Emerald Waterways’ control. Overnight accommodation required to meet your tour and any flight connections are not included in the tour price and will be at your own expense. Please contact your travel agent for applicable rules and regulations relating to your air travel.
21. Tour Variations.
Emerald Waterways may, at its absolute discretion and without notice, change or vary your tour itinerary. While Emerald Waterways will make reasonable efforts to operate the tour as closely as possible to your itinerary, changes or substitutions may be necessary for reasons outside Emerald Waterways’ control. These circumstances may include, but are not limited to: road, river or weather conditions; national or local holidays affecting the closure of public buildings and attractions; and Force Majeure Events (defined below). Cruise itineraries may be disrupted by high or low water levels, flooding, lock closures or delays, unscheduled vessel maintenance or for any other circumstances beyond Emerald Waterways’ control. Emerald Waterways reserves the right to substitute (at the nearest reasonable standard) another vessel or motorcoach for all or part of the itinerary and also provide alternative accommodation, where necessary. Emerald Waterways is not liable to you for any variations in the tour itinerary caused by circumstances outside Emerald Waterways’ control. You acknowledge that you will be charged for any alternative arrangements made as a result of these circumstances.
The tour programs operated by Emerald Waterways offer some of the most spectacular and beautiful photographic scenery in the world. However, due to possible tour variations, Emerald Waterways cannot guarantee that any scene or highlight featured in the tour program will be available on any tour. No refund is available for any missed scene or photographic opportunity.
23. Tour Participation.
Emerald Waterways welcomes you if you have a disability or other special needs, provided you are accompanied by a companion capable of providing all assistance you require. You must advise Emerald Waterways (or your travel agent) of any disability, medical condition or dietary requirement at the time of booking. It is important to note that:
(a) some cruise ships do not have elevators, and ships that are equipped with elevators may not have elevator access to all decks;
(b) wheelchair passengers should be aware that cabin doors and restrooms are not wide enough to provide access for standard wheelchairs;
(c) electronic scooters/wheelchairs are no longer accepted on river cruises due to Occupational Health and Safety reasons, storage limitations (on both vessel and coach) and maneuvering on the cobblestones;
(d) for safety reasons, passengers in wheelchairs cannot be carried on boarding ramps (which may be steep due to water levels) while the vessel is tied up or at anchor, or on to motor coaches; and
(e) wheelchairs and walkers cannot be carried on motorcoaches due to space limitations.
Emerald Waterways reserves the right to decline your booking if Emerald Waterways deems that it cannot provide for any or all special needs as identified by you; your health, safety or enjoyment, or that of any other passengers attending the tour may be at risk; or if Emerald Waterways deems that you will not abide by these Terms and Conditions. Emerald Waterways may decline your booking if we or our service providers are of the view that you are unable to fully care for yourself. Unfortunately we are unable to assist you with walking, dining, getting on and off motorcoaches or other transportation vehicles, or any of your other personal needs.
In addition, Emerald Waterways reserves the right to withdraw you from a tour, where Emerald Waterways deems that you are affecting your own health, safety or enjoyment or that of other passengers, and/or if you cannot or will not abide by any reasonable directions of the Cruise/Tour Director. Emerald Waterways will not be liable to you for any loss, cost or damage resulting from your withdrawal from a tour. If you are withdrawn from a tour, you will be under your own arrangements at your own expense.
24. Sightseeing on Tour.
Sightseeing in many historic towns and cities can only be undertaken by walking tours as motorcoach access is not possible. Consequently, a reasonable level of fitness is required as the sightseeing tour may involve steps and extensive walking over uneven surfaces. Emerald Waterways will not provide any refunds if you are not able to participate in any portion of the tour. You should be in appropriate physical condition to participate in the tour.
25. Mountain Excursions.
Some tours include mountain excursions or extensive bike tours and involve 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 included excursions. Emerald Waterways will not provide any refunds if you are not able to participate in any portion of the tour.
26. Passports and Visas.
You must have a passport valid for six months past the expected end date of your cruise or tour. Also, it is your sole responsibility to ensure you have obtained valid entry visas for all countries where required, prior to departure. Failure to obtain correct documentation may affect your participation in certain shore excursions and entry to certain countries while on tour. Emerald Waterways will not provide any refunds if you are not able to participate in any portion of the cruise or tour. 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 cruise or tour.
27. Special Diets.
You must advise Emerald Waterways in writing of any and all special dietary needs at the time of booking. Emerald Waterways will make reasonable efforts to accommodate your dietary requests but cannot guarantee that any requests can be met.
28. Solo Passengers and Single Accommodation.
Prices quoted in the brochure are based on shared accommodation with twin beds. Two dedicated single cabins are available on each Emerald Waterways ship and a limited number of Category E and D cabins are also available on each departure at special single supplement rates, payable at the time of booking your cruise or tour. Details of prices and availability of single accommodation can be obtained at the time of booking.
29. Young Passengers.
Passengers under 21 years of age as of the date of departure must be accompanied by an individual over 21 years of age as of the date of departure (an “Adult”), and share their accommodation with an Adult. Children under 12 years of age must be expressly accepted by Emerald Waterways prior to Booking. Children under 12 years of age are not encouraged except for Christmas tours and cruises.
30. Airport Transfers.
Airport transfers are available only on the first and last day of your cruise or tour and at times designated by Emerald Waterways. Transfers outside these times will be at your expense and must be secured by your own arrangements. Passengers who have purchased hotel accommodation and airfare from Emerald Waterways prior to cruise/tour or after cruise/tour will be provided with airport transfers to or from their hotel. If your airline booking is not made by Emerald Waterways, you must ensure your flight details are provided to Emerald Waterways (this can be entered by Tour Personalizer at www.emeraldwaterways.ca). No refund will be given for any unused transfers. Transfers cannot be routed to other pick-up points or destinations. In the event of a missed transfer, you will be responsible for making substitute travel arrangements, at your own expense. All transfers must be booked and Emerald Waterways must be advised of all flights no less than 60 days prior to travel. Airport and ship transfers may be group transfers scheduled to coincide with multiple flight arrival times.
31. Hotel Accommodation.
Emerald Waterways reserves the right to substitute hotel accommodation of a similar standard in place of any advertised hotel, where necessary. Any accommodation required to meet a cruise, tour or flight connection is not included in the Cruise/Tour Price and is at your own expense. Emerald Waterways has taken reasonable steps to secure the most suitable hotel accommodation in the area of the cruise or tour, and is not liable to you in respect of the quality, size or fitness of hotel rooms.
32. Luggage Passengers.
Each passenger is entitled to one suitcase per person, not exceeding 76 x 53 x 28 cm (30’’ x 21’’x 11’’) in size and 20kg (42lbs) in weight. Personal items should be carried in a travel bag which does not exceed 4kg (8lbs) in weight. Airline passengers should consult with their air carrier as size and weight restrictions may vary from airline to airline and according to ticket class. It is your responsibility to comply with all airline and airport luggage safety regulations. It is your responsibility to ensure that your luggage complies and you acknowledge that Emerald Waterways or contracted carriers may elect not to carry overweight items. You will be responsible for any excess baggage charges and otherwise complying with airline regulations and safety requirements.
33. Tour and Cruise Maps.
Maps or tour depictions contained in this brochure or any other brochures issued by Emerald Waterways are intended as representations only and are not to be relied upon as depictions of any actual route taken during the cruise or tour. Emerald Waterways is not liable to you for any variation to the cruise or tour route. Also, some pictures may have been digitally enhanced.
34. Pictures, Images, and Information.
Images in this brochure are representative only and Emerald Waterways provides no guarantee that images correspond with subject matter seen or experienced on tour.
35. Deck plans and Cabin Plans.
Deck plans, cabin sizes, images, inclusions and layout are artist’s impressions and are to be used as an indication only and are subject to change. Cabins in tour brochures are not drawn to scale.
36. WiFi Internet Service.
WiFi facilities are available in each Emerald Waterways cabin at no additional charge. 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 Emerald Waterways’ control. Consequently, Emerald Waterways does not guarantee the availability and quality of internet connections and no refund will be paid for any problem which may be experienced with the internet service.
During port stops, ships may dock side-by-side, obstructing views and requiring you to pass through other ships to embark and disembark.
Beer, Wine and soft drink beverages are included in the cruise/tour price during lunch and dinner while you are on board an Emerald Waterways ship. You may purchase beverages on board during the day at your convenience outside of lunch and dinner where drinks are complimentary. Responsible service of alcohol is adhered to by all staff on board. We reserve the right, at any time, in our sole discretion, to refuse service of alcohol.
For the comfort of all passengers, Smoking is not permitted inside tourist coaches or indoors on any ship and such other places as are prohibited by us or our suppliers from time to time. Smoking is not permitted on the balconies of our river cruise ships. We will use reasonable endeavours to ensure there are frequent stops on any coach trip and there are permitted areas outside decks on board some cruise vessels which are available for smoking, however we cannot guarantee these facilities will be available. You acknowledge that Emerald Waterways may restrict smoking to specific times and locations during your cruise for the comfort of all passengers.
40. Medical Services.
(1) River cruise ships do not carry a doctor on board, however medical services may be called at your own expense.
(2) Due to the large number of passengers on board, We cannot provide a personal escort for such medical visits.
(3) 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.
The carriers (including airlines, rail and sea carriers used in association with the tours) are not responsible for statements in the brochure or any feature contained therein. The conditions of sale of each carrier constitute a separate contract and Emerald Waterways assumes no responsibility in relation to contracts between you and the carriers.
42. Tour obligations.
Emerald Waterways will use reasonable endeavours to provide the cruise or tour you have booked in accordance with your itinerary. However, due to the nature of travel, it may not always be possible for Emerald Waterways to adhere strictly to your itinerary. Where, due to circumstances outside of our control, Emerald Waterways is unable to provide the cruise or tour in accordance with your itinerary, Emerald Waterways will use reasonable endeavours to provide or arrange appropriate alternatives.
43. On Tour Safety.
Passengers must follow Tour/Cruise Director and crew instructions at all times to ensure on tour safety. You acknowledge that failure to do so will result in restricted access to areas on cruise or tour, or if necessary for your own safety and that of other passengers, withdrawal from the cruise or tour. If Emerald Waterways, or our staff or service providers are of the view you are negatively affecting your own health, safety or enjoyment, or that of other passengers, Emerald Waterways can terminate this agreement immediately and Emerald Waterways is not liable to you for any loss, cost or damage resulting from your withdrawal from the cruise or tour. If you are withdrawn from the cruise or tour, you must make your own travel arrangements at your own expense.
44. Amendments to Terms and Conditions.
These Terms and Conditions are subject to change without notice.
To the extent permitted by law, all express or implied warranties, representations, or terms are expressly excluded. Where the law implies any condition or warranty which cannot be excluded, then Emerald Waterways’ liability for breach of such an implied condition or warranty is limited, at Emerald Waterways’ absolute discretion, to one or more of the following: (1) 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 (2) in the case of services: supplying the services again or payment of the cost of supplying the services again.
46. Cruising on board.
Our vessels are provided solely by the owner of the relevant vessel pursuant to the terms and conditions of the Cruising Ticket Contract. A copy of the Cruising Ticket Contract will be provided to You upon request. In relation to Our European River Cruises, please note that the Cruising Ticket Contract includes a clause specifying that the Cruising Ticket Contract is governed by the laws in force in Zug, Switzerland and that You and the vessel owner agree to be bound by the statutory and general law of Switzerland. The Cruising Ticket Contract is also subject to specific limitations of liability and time limits for making claims against the vessel owner as contained in the laws of Switzerland (incorporating the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 (and the protocols of 1976 and 1990) (“the Athens Convention”), the Central Commission for the Navigation of the Rhine Convention (“the CLNI”), the Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels, 1988 (“the 1988 Convention”) and the International Convention on Limitation of Liability for Maritime Claims, 1976 (“the 1976 Convention”), as set out in clause 6 of the Cruising Ticket Contract).
You acknowledge and agree that Emerald Waterways accepts 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: (1) any cruise or tour risks or other aspects of the cruise or tour of which you were notified in these Terms and Conditions; (2) any change to your itinerary or delays in departure or arrival times of aircraft or otherwise during the conduct of the cruise or tour; (3) any loss or damage to your baggage; (4) any personal injury or death resulting from acts or omissions, including negligence, of any third parties providing goods or services to you during the cruise or tour, including air carriers, hotels, shore excursion operators, restaurateurs, transportation providers and medical personnel; or (5) any loss of enjoyment by you due to circumstances outlined in these Terms and Conditions or otherwise beyond Emerald Waterways’ control.
48. Total Liability.
Despite any other provision of these Terms and Conditions, and to the extent permitted by law, Emerald Waterways’ maximum liability to you or any third party (including any claim of negligence on the part of Emerald Waterways) is limited to the Cruise or Tour Price actually paid by you to Emerald Waterways.
49. Consequential Loss.
You acknowledge and agree that Emerald Waterways will not be liable 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, including when Emerald Waterways has been advised of such loss, damage, or expense in advance, and even if such loss, damage or expense is caused by Emerald Waterways’ negligence.
50. Force Majeure.
For the purposes of this clause, a “Force Majeure Event” means any act of God; war; terrorism; fire; flood or any other extreme weather condition; 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 license or consent; delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers); material shortages; or other disruption to the tour outside the control of Emerald Waterways. You acknowledge and agree that Emerald Waterways is not liable for any delay or any failure by Emerald Waterways to perform its obligations under these Terms and Conditions resulting from or as a consequence of a Force Majeure Event. If a delay or failure occurs or is anticipated due to a Force Majeure Event, Emerald Waterways’ obligations are suspended for the duration of the Force Majeure Event. Emerald Waterways may immediately terminate this agreement, if the Force Majeure Event delays performance for a period of 7 days or more, calculated from the date Emerald Waterways notifies you of the Force Majeure Event.
51. Dispute Resolution.
If a dispute arises between the parties relating to these Terms and Conditions, or arising out of these Terms and Conditions, the parties agree to use the following procedure as a condition precedent to any party pursuing other available remedies:
(a) a meeting shall be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute;
(b) if, within 7 days after such meeting, or such further period as is agreeable to the parties, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation and to bear equally the costs of mediation;
(c) the parties will jointly appoint a mutually acceptable mediator, seeking assistance in such regard from the British Columbia International Commercial Arbitration Centre if they have been unable to agree upon such appointment within 20 days from the conclusion of the negotiation period; and
(d) the parties agree to participate in good faith in the mediation and negotiations related thereto for a period of 30 days. If the parties are not successful in resolving the dispute through the mediation, then the parties agree that the dispute shall be settled by arbitration in accordance with the Commercial Arbitration Act (British Columbia), as amended or replaced. The decision of the arbitrator shall be final and binding and shall not be subject to appeal on a question of fact, law or mixed fact and law.
The costs of mediation or arbitration shall be shared equally between the parties. Costs shall not include costs incurred by a party for representation by counsel. Unless the parties otherwise agree, the rules of the British Columbia International Commercial Arbitration Centre shall apply.
52. Entire Agreement.
These Terms and Conditions constitute the entire agreement between the parties about its subject matter and any previous agreements (whether oral or in writing), understandings and negotiations on that subject matter have no effect.
53. Waiver and Variation.
Emerald Waterways may only waive a right or remedy created under these Terms and 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 Emerald Waterways (either wholly or in part) operate as a subsequent waiver of the same or any other right. We reserve the right to amend these Terms and Conditions from time to time without prior written notice to you.
54. Governing Law.
These Terms and Conditions are governed by the laws applicable in the province of British Columbia, Canada. The parties submit to the non-exclusive jurisdiction of the courts of British Columbia and any courts competent to hear appeals from those courts.
Any term which is, by its nature, intended to survive termination of these Terms and Conditions survives termination.
In these Terms and Conditions, unless the context indicates otherwise: (1) headings are for convenience only and do not affect interpretation; (2) the singular includes the plural and vice versa; (3) a reference to a party includes its successors, permitted assigns, administrators and substitutes; (4) where a word or phrase is defined, other grammatical forms have the corresponding meaning; (5) the word ‘include’ in any form is not a word of limitation; (6) no rules of construction apply to the disadvantage of Emerald Waterways on the basis that these Terms and Conditions were prepared by Emerald Waterways; (7) a reference to a natural person includes their personal representatives; and (8) 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.
57. Brochure Validity.
The Cruise and Tour Brochure and these Terms and Conditions are valid for departure dates from January 1, 2016 to December 31, 2017, unless otherwise indicated on individual itineraries, and this Cruise and Tour Brochure and these Terms and Conditions supersede all previous Cruise and Tour Brochures and Terms and Conditions.
58. Help with this contract.
If you do not understand the Terms and Conditions or any aspect of this contract, please seek advice from an appropriate qualified professional.
An experienced English-speaking Cruise Director accompanies every departure on Emerald Waterways ships. They are there to ensure your comfort, answer questions and make your vacation relaxed and memorable. Cruise Directors are employed by Emerald Waterways.
On Board Language.
The language on board Emerald Waterways ships is English. All staff, crew and tour guides speak English and all announcements and lectures will be made in English. On board other ships English will be spoken, but may not be the primary language used.
River Cruise Ships do not carry a doctor on board; however due to close proximity to land medical services can be called rapidly. Medical costs are at the passenger’s own expense. Due to the large number of passengers on board, Emerald Waterways cannot provide a personal escort for medical visits. We strongly recommend travel insurance. 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.
Dining rooms are single dining sessions, open, unreserved seating. The restaurant manager is responsible for the seating arrangements.
On board electricity is 220V. A power plug adaptor will be required to use small appliances such as electric shavers, clocks, mobile phone chargers, etc. Hairdryers and Safes are available on board the Emerald Waterways ships.
The number of participants will be limited to 40 guests on each coach for land tours over nine days in duration. 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. You are required to adhere to the seat rotation system. If you suffer from travel sickness you should arrange medication or other alternatives to treat symptoms, as we cannot make allowances for this.
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.
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.
2019 EUROPE SAVE ON AIR: Airfare Offers are valid for new 2019 bookings only and are non-transferable. Offers valid from May 4 – August 31, 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.
FLY FREE TO SOUTHEAST ASIA: Valid until for new 2019 bookings from January 26 to July 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 between January 26 & July 31, 2018.
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.
DALMATIAN COAST FLY FOR $295 or $795: Offers valid March 22 until June 30, 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.
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
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
"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.
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.
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.