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European
Waterways - Terms and Conditions
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CONTRACT
Each Passenger wishing to book a cruise must complete and
sign
the Booking Form attached to this insert. Once this has
been
forwarded and accepted by the Company together with the
payment of the deposit due, a contract exists between such
Passenger (hereinafter “the Passenger”) and
the Company. Under
this contract the Passenger confirms that he/she has read,
understands and agrees to the terms and conditions below
(the
“
Terms and Conditions”). These Terms and Conditions
relate to
all vessels included in the European Waterways brochure
and as
listed in Clause 8 below (“the Vessels”). Any
Passenger signing as
tour leader on behalf of a charter or other similar group
warrants
that he/she is authorised so to do. Each member of any
such
group shall be deemed to be a Passenger as herein defined
and
shall be bound by the signature of the tour leader. ndividuals
booking as a charter will be subject to charter terms and
conditions.
CRUISE PROVISIONS
RATES: The rates shown overleaf in UK £ Sterling,
are per
passenger for a six night double occupancy cabin cruise
and are
subject to change without notice. Meeting points, hotels
and
time of pick-up may be changed without notice.
Cruise includes: Accommodation with private bath or shower,
meals, selected regional wines and alcoholic beverages
consumed aboard, all sightseeing tours and admittance fees
as
stipulated, use of the Vessels’ bicycles and other
facilities, and
round-trip transfers from the specified meeting point.
Cruise does not include: Air transportation, airport taxes,
visas
health or accident insurance, trip cancellation insurance,
super
Chateaux vintage wines optional activities such as hot
air
balloon flights or items of a personal nature such as laundry,
communication charges or purchases.
INSURANCE
Travel insurance to cover trip cancellation, health and
baggage is
trongly recommended for all passengers.
DEPOSIT
AND FINAL PAYMENT
For individual bookings: a deposit of £400 per passenger
per
week is payable at the time of booking with the Booking
Form
attached hereto duly completed and signed. The balance
is
payable 90 days prior to departure.
For charter bookings of an entire Vessel: an initial deposit
of£ 2,500 is payable at the time of booking with
the Booking Form
attached hereto duly signed. The difference between the
initial
deposit and 25 % of the total fare is payable as a further
deposit
180 days prior to departure.
The balance of the charter fare is payable 120 days prior
to
departure. To qualify for the charter group rate, one person
must
act as tour leader and be responsible for contracting
with and making all payments to the Company, as per the
Terms
and Conditions, on behalf of all passengers in the charter
group.
CANCELLATIONS
AND REFUNDS
Cancellations must be made in writing to the Company and
are
effective only upon receipt by the Company at its address
overleaf. All issued tickets must be returned together
with notice
of cancellation. Please allow 4 weeks from receipt by the
Company of cancellation notice and unused cruise ticket(s)
for
forwarding of any refund due. The following cancellation
fees
apply based on the date on which the Company receives written
notice of cancellation.
For individual bookings:
a).
more than 120 days prior to departure and subsequent
to
payment of the deposit, an administrative fee of £200
per
passenger shall be retained,
-
b).
from 120-91 days prior to departure - the full deposit
shall
be retained,
-
c).
90 days prior to departure to day of departure, or
in the event
of failure to embark - 100% of total fare
shall be retained.
- For charter bookings:
- a).
charter deposits are non refundable,
- b).
More than 180 days prior to departure
deposits may be
applied toward individual bookings
on the same Vessel
subject to a £250 surcharge
per passenger,
- c).
180-121 days prior to departure the greater of the initial
deposit or 25% deposit will
be retained.
- d).
less than 120 days prior to departure no refund will
be given.
No refunds will be given in the event of interruption
or
cancellation of the cruise by the Passenger after the
start of
travel, nor for unused portions of any package or cruise,
nor for
any unused sightseeing tours or meals. The Company
will not
accept any liability for any claims that are not received
within 30
days of the termination of the cruise week.
ALTERATIONS BY THE PASSENGER
Any date change by the Passenger subsequent to booking
must
be in the same year and will incur an amendment charge
of £100
per passenger. Reductions in passenger numbers for charters
are
only accepted up to 120 days prior to departure. No itinerary
changes can be accepted less than 90 days prior to departure.
Transfers to cruises on another Vessel shall be treated
as a
cancellation and re-booking and cancellation charges will
apply.
LIMITS OF RESPONSIBILITY OF THE COMPANY
Unless expressly stated otherwise on any ticket or other
documentation issued by the Company to the Passenger, the
Company including its employees, representatives, agents
and/or
assigns acts only as agent to provide transportation,
accommodation and other related services to the Passenger
by
purchasing such services from vessel operators (“the
Operators” and other service providers contracted to the Company.
9. RESERVATION OF RIGHTS
The Company on behalf of itself and the Operators reserves
the
right to:
-
a)
increase cruise prices to cover increases in costs
or the
effects of exchange rate movements, incurred after the
the
publication of this Price List
-
b)
accept a maximum of two cabins for single occupancy
for
any single cruise
-
c)
cancel any itinerary in whole or in part
-
d)
make such alteration to any itinerary as it reasonably
deems
necessary or desirable
-
e)
refuse to accept or retain as a member of a tour any
person
at any time. In no circumstances
will the Passenger be
allowed to embark unless the full
cruise fare due has been
paid.
In the event of alteration or cancellation, the Company
may, but
is not obligated to, substitute or provide another
vessel of similar
standard. Otherwise, the Company shall refund any fare
paid.
Waterway routes and vessel alterations and
substitutions: All routes are subject to change without
notice. Some waterways may be subject to occasional
closures
due to drought, storms, floods, canal or lock repairs
or other
unforeseen circumstances that result in conditions
unsafe for
navigation. In the unlikely event of such occurrences,
the
following conditions shall apply:
-
a)
if navigation must be suspended, Passengers will continue
to
be accommodated on the stationary Vessel and the
regular
excursions will continue to be made, with cruising
to be
continued as soon as possible. By way of compensation
for
any suspension of cruising, additional excursions
will be
provided by the Vessel’s crew,
-
b)
the Company reserve the right to reverse a cruise route,
cruise another waterway or transfer Passengers
to another
vessel of similar standard,
-
c)
in any decision related to navigation, the judgement
of the
Vessel’s Captain on any action or inaction is considered
final.
DISABILITY POLICY
Passengers who are disabled are asked to advise the Company’s
reservations staff of the nature of their disability at
the time of
booking as some Vessels and/or itineraries may be unsuitable.
The Company will recommend suitable cruise options but
reserves the right to refuse a reservation request if necessary
for
reasons of safety.
ABTOT BOND
As a member of the Association of Bonded Travel Organisers
Trust Limited (ABTOT), an Association approved by the
Department of Trade and Industry, the Company has provided
a
Bond to meet the requirements of the Package Travel, Package
Holidays and Package Tours Regulations 1992 (PTR). This
Bond provides security for and is restricted to monies
paid by
it's UK customers in the event of the Company’s insolvency.
UNDERTAKINGS OF PASSENGER
The Passenger expressly agrees to the following:
-
a)
that (subject to any declaration under Clause 10 above)
he/she is in good general health;
-
b)
that he/she shall abide by the safety instructions
as given out
by the Captain and crew of the Vessel and
displayed on board;
-
c)
that he/she shall not operate or seek to operate any
vehicle or
other technical equipment owned or operated
by a Vessel,
hotel or other service provider except
bicycles that are made
available by the crew for the express use
of the Passengers;
and
-
d)
that he/she shall indemnify and hold harmless the Company,
its employees, agents, representatives
and assigns against
any and all liabilities, costs and
expenses (including legal
fees and costs of litigation) which
may be incurred in
connection with any claims, suits or
any cause of action
brought by him/her against any third
party, or by any third
party against him/her, his/her heirs,
representatives or assigns
regarding injury or loss to person
or property sustained by
him/her or such third party, directly
or indirectly, arising out
of events, acts or omissions, no matter
how caused or
created, that occur during the course
of a cruise tour.
COMPENSATION
If the Company cancels a cruise and/or other arrangement
for
any reasons (other than force majeure or default by the
Passenger), or makes a material alteration to the cruise
and/or
arrangement for reasons other than force majeure, after
the date
when payment of the balance of the price becomes due, in
addition to a full refund, compensation will be payable
on the
following scale per person: 56 or more days prior to departure –
Nil; 55-42 days – £10; 41-28 days – £20;
27-14 days – £30; less
than 14 days – £40.
LIABILITY
The liability of the Company is limited in the manner provided
by the Warsaw Convention 1929 (as amended) or such other
international Conventions for the time being in force in
respect
of carriage by air or waterway, as though the Company were
deemed to be “carrier” as defined in such Conventions.
CREDIT CARD POLICY
By authorizing and making payment by credit card for cruise
holidays hereunder and by signing the Booking Form attached
hereto the Passenger expressly agrees to waive his/her
rights
under any relevant cardholder agreement or applicable law
to
subsequently cancel or suspend any such credit card transaction.
The Passenger further expressly authorises the Company
to
present this documentation to the bank or credit card issuer
as
evidence of acceptance by said Passenger that such credit
card
transaction is final and not subject to refund, reduction,
cancellation or revocation, except as specifically provided
in these
Terms and Conditions.
The Company reserves the right to charge final payment
to The
Passenger’s credit card in the event that the cardholder
fails to
make any payment on the due date.
NON-SMOKING POLICY
In accordance with legislation, a strict non-smoking policy
applies in the accommodation area of all Vessels. Those
passengers who wish to smoke must do so outdoors ie on
the
deck and sun-deck area
CHILDREN
POLICY:
The minimum age of child accepted on board is 12 years
except
for Charters and special “Family Departures” (please
enquire for
further details) for which Children under 12 years are
welcome.
All children under the age of 18 yrs accepted on board
the
following Vessels qualify for a discount as follows:
-
a) for cruises on La Belle Epoque, L’Art
de Vivre, L’Impressionniste, Anjodi, Renaissance,
Nymphea, Scottish
Highlander, La Dolce Vita, Magna Carta & Enchanté,
a
discount of £150 per child per week
-
b)
for cruises on Savoir Faire, a discount of £125
per child
between the ages of 14 and 16 years old per
week for cabin
bookings only. There are no age restrictions
on charters.
GENERAL PROVISIONS
These Terms and Conditions are issued as of December 2008
and supersede and cancel all prior communications and
agreements, whether written or oral express or implied.
Any subsequent modification of these Terms and Conditions
will
be posted on the website www.GoBarging.com. Any inquiries,
claims or general complaints by the Passenger relating
to the
service provided by the Company must be submitted in writing
to the Company within thirty (30) days of the completion
of the
cruise, and must contain full and evidentiary information.
GOVERNING LAW AND
RESPONSIBILITY
All contracts incorporating these Terms and Conditions
shall be
governed by English Law. The Price List and Brochure issued
in
conjunction with these Terms and
Conditions are the sole responsibility of
the Company.
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European
Waterways River Cruises - Terms & Conditions