McLachlan Tours is the booking agent and is not itself a transport, tour, event or accommodation provider and acts only as an agent for those service providers.
How to book Please call our reservations line on 1300 269 228 or contact your travel agent who will request a reservation on your behalf. All requests for reservations are subject to availability
Prices All rates are in Australian dollars and are cash/cheque rates. McLachlan Tours reserves the rights to correct any errors in rates quoted or calculated, or any omissions made at any time during your booking. Any verbal quote given is an indication only of the final price and is subject to confirmation in writing.
CARRIER’S DISCRETION Amras Cruises as the carrier, reserve the right at any time, without notice, to cancel any cruise to change or postpone the date or time of sailing or arrival, to change the port of embarkation or disembarkation, to shorten the cruise or substitute the Ship. If required to do any of these things, they will be responsible to you as follows:
- If they cancel the cruise before it has started, they will refund the cruise fare that they have received or provide another substitute Cruise.
- If the scheduled sailing date or time is delayed and as a result of that delay you are not otherwise accommodated on board the Ship, they may arrange shore side accommodations and food at no additional expense to you for the duration of the delay.
- If the scheduled port of embarkation or disembarkation is changed, they will arrange transportation to the new port from the originally scheduled port.
- If any governmental agency publishes an informative announcement regarding travel conditions in or to a specific country or location included in the scheduled itinerary, they reserve the right to operate the Cruise as scheduled; alternatively, they reserve the right to cancel the Cruise and return all monies paid.
- If the Cruise is shortened or terminated, they will, at their option, either make a proportionate refund of the Cruise Fare or transfer you to another ship or the port of disembarkation by other means. If the scheduled length of the Cruise Fare is increased, you will have no responsibility for the cost of any additional Cruise Fare and they will have no responsibility to pay or compensate you in any manner, including consequential damages. In either of the above circumstances, their responsibility ends once they return you to the point of origination as booked and ticketed by us.
- They reserve the right, in their sole discretion, to return all monies paid and deny embarkation to any person other than for reasons related to discrimination on the basis of race, religion or sexual preference.
Deposits A non-refundable deposit of 30% of the cruise price is required to secure your place within 7 days of booking
Final Payment Final payment is due no later than 90 days prior to travel on your cruise unless otherwise specified.
Credit cards Credit card payments attract a merchant fee of 1.9% for Visa, MasterCard, American Express and Diners Club.
Cancellations All cancellations must be received in writing and are subject to the following schedule of fees:
Days before cruise departure % of cruise price charged
Over 90 days Loss of deposit
90-60 days 35%
59-30 days 50%
29-0 days 100%
The aforementioned cancellation fees are in addition to any that may be charged by travel agents, airlines, hotels or other tour operators.
Refunds To the extent permitted by law, no refund is available for cancellations after travel has commenced or in respect of any tours, accommodation, meals or any other services not utilised.
Travel documents Travel documents will be sent to you approximately 21 days prior to departure (providing full payment has been received). If you are leaving home earlier, please advise us so that we can deliver your documents before you depart.
Travel insurance It is a condition of travel that each passenger is adequately covered by an appropriate travel insurance policy. Please also check the contingencies of your prospective insurance cover and ensure you are aware of its conditions and omissions. We strongly advise travel insurance from time of booking to provide full cover.
Health Requirements All customers are required to familiarise themselves with any health requirements specific to countries being visited.
Passports and visas It is the responsibility of the passenger to have a valid passport (which is valid for at least six months from your last day of travel) and all visas, permits and certificates required for the selected tour. Ask your travel agent for further information.
Booking arrangements The person making a booking will be deemed to have accepted these booking conditions on behalf of everyone named in the booking. Only the person making the booking is authorised to make changes to or cancel the booking. All communications from us will usually be sent to your travel agent. Your travel agent is responsible for forwarding payments made by you to us.
Limitation of liability To the extent permitted by law, McLachlan Tours excludes all liability for any loss or damage whatsoever (including but not limited to physical and psychological injury, and loss or damage to property of whatever nature) that may arise in any way in connection with the offer or supply of goods or services through McLachlan Tours or any third parties, or in connection with the supply of such goods or services. If the law implies a condition or warranty that cannot be excluded, McLachlan Tours' liability for a breach of the conditions or warranty will be limited as determined by McLachlan Tours to the re-supply or payment of the cost of re-supplying the relevant goods or services. Except where otherwise stated within these terms and conditions McLachlan Tours excludes liability for any loss or damage that may be caused by cancellation, abandonment, alteration, amendment, modification or termination of the tour.
Events beyond our control If a tour cannot proceed due to a force majeure event including but not limited to flood, earthquake, war or civil strife, acts of terrorism, hurricane, cyclone, industrial disturbance, strike, fire, lock out, epidemic, failure or delays of scheduled transportation facilities, or other Acts of God, or any law, order, decree, rule or regulation of any government authority, or for any reason whether of a similar or dissimilar nature beyond the control of McLachlan Tours, this agreement shall terminate and there shall be no claim for damages by either party against the other.
Complaints procedure Should you have a complaint while on the cruise, you should inform your Cruise Director immediately. If the matter cannot be resolved after their best endeavours to do so during the cruise, your complaint can be made in writing to McLachlan Tours.
McLachlan Tours cannot help with issues that were not brought to the attention of the Cruise Director during the cruise.
Agent Responsibility It is the travel agents' responsibility to ensure that all invoice and itinerary details and documentation issued by McLachlan Tours are correct and that the customer is aware of amendment and cancellation conditions and other clauses in these booking conditions.
Law of contract This agreement shall be governed and interpreted in accordance with the laws of New South Wales, Australia.
In addition, here are the terms and conditions of carriage as notified by Amras Cruises:
Notice: These are the Terms and Conditions of the legally binding contract between you as our customer and River Cruise Partners, LLC operating as Amras Cruises, to be known in this document as the “Carrier”. This Tour Participant Contract contains substantial penalties for cancellation as well as certain limitations of liability, including limitations concerning death or injury claims, as well as damage claims relating to baggage and personal property. Please read all terms and conditions carefully. Upon receipt of your deposit or full payment or upon receipt of a confirmation letter or e-mail or invoice from Carrier, both the customer and the carrier will be fully bound by all of the terms and conditions which follow, including specifically those regarding your rights to sue, governing law, forum and jurisdiction. Travel Protection Insurance coverage is strongly recommended and offered by Carrier.
a. The words “you”, “your”, “guest”, “customer” and “passenger” mean all persons, including minors, traveling under this Tour Participant Contract and each person’s heirs and personal representatives. Your acceptance of this Tour Participant Contract represents your acknowledgment and acceptance of these Terms and Conditions for you and for all other persons traveling under this Tour Participant Contract – all of whom accept and agree to all the terms and conditions either written here or which we may separately notify you of in writing.
b. The words “we”, “us”, “our” and “Carrier” mean River Cruise Partners, LLC., a corporation organized and existing in current good standing, and operating as Amras Cruises, pursuant to the laws of the Commonwealth of Massachusetts which words also include the Owner, Charterer, Operator, Manager, Independent Contractors (including Caterer and Concessionaires) and their respective Agents, Servants and Employees and the Ship itself.
c. The word “Ship” means the vessel chartered, operated, or provided by us as the Carrier on which you, as our Passenger, will be traveling.
d. The word “Master” means the Captain of the Ship or any person who acts under his authority.
e. The term “Cruise Fare” means the total amount paid as cruise fare and for those additional facilities and services added to the cruise fare, but excludes Optional Extensions, Services Fees and/or personal charges. Gratuities on board and on land are included in your cruise fare. Full Fare is defined as the full cost of any cruise, land or air component purchased from Amras Cruises.
f. The term “prepaid charges” means that separate amount paid by you to cover the cost of authorized government fees and charges concerning the specific itinerary of your Cruise. Any increase or decrease of authorized government fees and charges may be made the subject of an adjustment to prepaid charges, in our discretion.
g. The term “cabin baggage” means all baggage allowed aboard the Ship and placed in your cabin according to these terms and conditions. “Other Baggage” means any of your baggage or other personal property which has been stored in the Ship’s baggage room, holds or safe against a receipt at your request.
h. The terms “Optional Facilities” and “Services Fees” mean all fees and charges which you voluntarily incur for items which may include, but are not limited to vacation protection insurance coverage, visas and incremental personal gratuities, which are considered earned as those facilities and services are provided either by us as the Carrier or by third party providers.
i. The term “cabin” means those accommodations as provided on your Confirmation.
2. IDENTIFICATION. Your name and the names of all passengers in your party, the name of the Ship, the sailing date, your accommodations, the date of issuance of this Tour Participant Contract, your total Cruise Fare and all ports, including embarkation and final destination are as specified on this Tour Participant Contract.
3. CRUISE FARE. We acknowledge receipt of payment by you of the total Cruise Fare and we agree to transport you from the point of embarkation to the point of final destination according to all of the terms, conditions, limitation and exceptions contained in this Tour Participant Contract. The Cruise Fare paid by you covers all normal shipboard services, meals, accommodations and facilities. Optional facilities and services are added by agreement in order to constitute a total Cruise Fare, subject to all of the terms and conditions of this Tour Participant Contract regarding our liability. If your purchase is limited to the cruise only, together with necessary prepaid charges, we agree to transport you from the port of embarkation to the port of disembarkation according to these Terms and Conditions, as applicable.
4. CARRIER’S DISCRETION. As the Carrier, we reserve the right at any time, without notice, to cancel any cruise to change or postpone the date or time of sailing or arrival, to change the port of embarkation or disembarkation, to shorten the cruise or substitute the Ship. If we are required to do any of these things, we will be responsible to you as follows:
a. If we cancel the cruise before it has started, we will refund the cruise fare that we have actually received or provide another substitute Cruise.
b. If the scheduled sailing date or time is delayed and as a result of that delay you are not otherwise accommodated on board the Ship, we may arrange shoreside accommodations and food at no additional expense to you for the duration of the delay.
c. If the scheduled port of embarkation or disembarkation is changed, we will arrange transportation to the new port from the originally scheduled port.
d. If any governmental agency publishes an informative announcement regarding travel conditions in or to a specific country or location included in the scheduled itinerary, we reserve the right to operate the Cruise as scheduled; alternatively, we reserve the right to cancel the Cruise and return all monies paid.
e. If the Cruise is shortened or terminated, we will, at our option, either make a proportionate refund of the Cruise Fare or we will transfer you to another ship or the port of disembarkation by other means. If the scheduled length of the Cruise Fare is increased, you will have no responsibility for the cost of any additional Cruise Fare and we will have no responsibility to pay or compensate you in any manner, including consequential damages. In either of the above circumstances, our responsibility ends once we return you to the point of origination as booked and ticketed by us.
f. We reserve the right, in our sole discretion, to return all monies paid and deny embarkation to any person other than for reasons related to discrimination on the basis of race, religion or sexual preference.
5. THIS TOUR PARTICIPANT CONTRACT IS NON-TRANSFERABLE. This Tour Participant Contract is not transferable or assignable by you and is valid only on the Ship and for the cruise or Cruise shown hereon. The schedule of payments is based upon the marketing promotion for which your booking was made. Please refer to your Invoice for payment terms. No reservations will be issued on a binding basis unless we, as the Carrier, or our representative receive the required payments. We reserve all rights concerning the pricing and payment of all cruise or Cruise Fares. Travel agents and all other agents are declared to be solely your agents for the purposes of this Tour Participant Contract and all further documents concerning the cruise. Cruise Fares together with prepaid charges and Optional Facilities and Service Fees incurred are agreed as fully earned and otherwise paid at the scheduled departure date and will not be refunded in whole or in part except as otherwise noted in these terms and conditions. In all other instances, when we receive a written notice of cancellation from you addressed to us at our principal offices, cancellation fees shall be imposed as follows:
a. In the event of cancellations actually received by us 121 days or more prior to the scheduled departure or sailing date, a refund of all amounts already paid to us will be made, less a cancellation fee of US$100 per person;
b. In the event of cancellations actually received by us between 120 and 90 days prior to the scheduled departure or sailing date, a cancellation fee of 15% of full fare will be paid to us;
c. In the event of cancellations actually received by us between 89 and 60 days prior to the scheduled departure or sailing date, a cancellation fee of 35% of full fare will be paid to us;
d. In the event of cancellations actually received by us between 59 and 30 days prior to the scheduled departure or sailing date, a cancellation fee of 50% of full fare will be paid to us;
e. In the event of cancellations actually received by us between 29 and 0 days prior to the scheduled departure or sailing date, a cancellation fee of 100% of full fare will be paid to us;
f. In the event that you do not board the vessel and have not provided at least 24 hours’ notice of cancellation prior to the scheduled departure or sailing date, a cancellation fee of 100% of full fare will be paid to us.
6. PASSENGER’S WARRANTIES. You warrant that you and all other passengers traveling with you are physically, emotionally and otherwise fit to undertake the Cruise; that you and they have received all medical inoculations necessary; that you and they will at all times comply with the Ship’s rules and regulations and orders and directions of the Ship’s Master, officers and medical staff, as applicable, and that your conduct will not impair the safety of the Ship or jeopardize or inconvenience other Passengers. We may disembark at any port any Passenger who may be suffering from contagious or infectious disease or whose presence, in the opinion of the Master, may be detrimental to the comfort or safety of other Passengers or the crew, or who, in the Master’s opinion, might be excluded from landing at destination by Immigration or other Governmental Authorities. In such cases, the Passenger shall not be entitled to any refund of the cruise or Cruise Fare or any compensation whatsoever.
7. EMBARKATION. Upon embarkation, you shall have in your possession this Tour Participant Contract, valid passport, visas, inoculations card and all other documents necessary for the scheduled ports of call and final destination. We, as Carrier, shall not be liable for any losses or delays incurred by your failure, or that of others, to maintain all of said necessary documents. You are required to be aboard the Ship at least 2 (two) hours before scheduled departure time. You may be refused embarkation if you, in our sole opinion, are not physically or otherwise fit to undertake the scheduled voyage, in which case we shall refund the applicable cruise fare in full and upon so doing we shall have no further liability whatsoever.
8. CARRIER’S RIGHTS. The Ship, either before embarkation or at any time thereafter and whether or not required by any maritime necessity, may remain in port, proceed by any route and deviate from or change the advertised or intended route at any stage of the voyage and may proceed to and stay at any places whatsoever, although in a contrary direction to, or outside of, or beyond the usual route, one or more times, in any order, for loading or discharging fuel, stores, laborers, stowaways, Passengers, or members of the Ship’s company, for this, or any prior or subsequent voyage and/or for any purpose whatsoever that we, as Carrier, or Master may deem advisable. Any such procedure shall be considered not to be a deviation but within the voyage herein intended as fully as if specifically described herein. The above-mentioned provisions are not to be considered as restricted by any words of this Tour Participant Contract whether written, stamped or printed. The Ship may adjust compass, drydock or go on ways before or after commencement of the voyage and may sail without pilots, tow or be towed, and assist vessels in all situations and deviate for the purposes of saving life or property. If the performance of the proposed voyage is hindered or prevented (or in the opinion of the Carrier or Master, is likely to be hindered or prevented) by war, hostilities, blockage, ice, labor conflicts, weather, surf, shallow waters, insurrections, disturbances, on board or ashore, restraint of any Governmental Authority, breakdown of the Vessel, congestions, docking difficulties or any other cause whatsoever, or if we, as Carrier, or the Master of the Ship consider that for any reason whatsoever, beyond the control of the Carrier, proceeding to, attempting to enter, or entering or remaining at any port may expose the Ship to risk of loss or damage, or be likely to delay the Ship, you and your baggage may be landed at any port or place at which the Ship may call, in which event our responsibility shall cease and this Tour Participant Contract shall be deemed to have been fully performed, or if you have not embarked, we may cancel the proposed Cruise and refund your Cruise Fares as paid, with no further liability of any nature.
9. RIVER CRUISE PARTNERS, LLC: River Cruise Partners, LLC., operating as Amras Cruises, acts solely as a Sales Agent for the above-mentioned operators of the vessels described herein. River Cruise Partners, LLC., operating as Amras Cruises, neither owns nor operates any of the vessels described herein and thus assumes no responsibility or liability for acts or omissions of the vessel owners or operators in regard to the cruises described herein.
10. CARRIER’S LIABILITY.
a. Our responsibility as the Carrier for death, injury, illness, damage, delay or other loss to person or property of any kind suffered by you or any of the other Passengers in your party shall, in the first instance, be governed by the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (Athens Convention), with protocols and amendments as adopted by Switzerland, and, as applicable, by those other and further limitations of liability set forth in the statutory maritime and general laws of Switzerland, as the law governing this Tour Participant Contract. We shall not be liable for any such death, injury, illness, damage, delay, loss or detriment caused by Act of God, war or warlike operations, civil commotions, labor trouble, interference by Authorities, perils of the sea, lurching of the vessel, or any other cause beyond our control, fire, thefts or any other crime, errors in the navigation or management of the Vessel or defect in or unseaworthiness of hull, machinery, appurtenances, equipment, furnishing or supplies of the Ship, fault or neglect of pilot, tugs, agents or independent contractors such as Ship’s physician, to you or other persons on board not in our employ or any other cause of whatsoever nature except and unless it is proven that such death, injury, illness, damage, delay or loss resulted from our act or omission committed during the course of the carriage and due to our fault or neglect or that of any of our servants or agents acting within the scope of their employment, and in that event our liability therefore shall not exceed those limitations provided by the said Athens Convention or in any further revisions, protocols and/or amendments thereto as shall become applicable.
b. Carrier shall also have the right at all times to avail itself and have the benefit of any and all applicable limitations of liability or exoneration of liability as set forth in further rules, regulations or statutes, specifically including provisions of the Strasbourg Convention on the Limitation of Liability of owners of Inland Navigation Vessels (CLNI), 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 (collectively, the “Convention”); namely, Sixty thousand (60,000) units of account (also known as Special Drawing Rights, or SDR’s) multiplied by the number of Passengers the Ship, according to its certificate, is allowed to accommodate; not to exceed in any event more than twenty-five (25) million units of account) to apply to the aggregate of all claims which arise on any distinct occasion against carrier, with respect to damages suffered on a seagoing ship and, as regards damages suffered on an inland navigation ship, not to be less than 720,000 units of account or more than (a) 3 million units of account for ships with an authorized passengers transport capacity of not more than 100; (b) 6 million units of account for ships with an authorized passenger transport capacity of not more than 180; (c) 12 million units of account for ships with an authorized passenger transport capacity of more than 180. The Athens Convention and The Convention may be found at www.imo.org. The current U.S. Dollar equivalent of SDRs may be found at www.imf.org.
c. You are entitled to free carriage of all personal belongings necessary while on board. However, you must comply with any regulations, tariffs, terms or conditions of any airline or other transportation provider which may include a lower weight limit for baggage. We assume no responsibility for any loss of or damage to your perishable items, medicines, valuables, financial instruments, electronic equipment and the like, except as specifically provided in these Terms and Conditions. Only such personal wearing apparel, effects and gifts as are necessary and appropriate for the voyage may be brought on board by you. You may not take on board firearms, controlled or prohibited substances or inflammable or hazardous items, or any contraband prohibited by local, state or national law. The ship’s officers and crew have the right to enter and search your stateroom, baggage or person for any hazardous, controlled or prohibited substances or items. You agree that the carrier’s liability for loss or damage to baggage or personal property is limited under all circumstances to the provisions and amounts of the Athens Convention: Baggage 1,800 S.D.R./Delay 10,000. S.D.R. Other Baggage 2,700. S.D.R. In the event it is determined that we, as Carrier, are not entitled to all of the benefits of the above baggage limitations, we shall not be liable for loss of or damage to your property in any amount exceeding US$500.00 per Passenger. Should you desire an extension of our liability of US$500.00, you should declare the true value of the property and pay to us an amount of money calculated at 5% of the true value declared, up to US$5,000.00. Liability will then be extended to the amount of the true value declared but in no event exceeding US$5,000.00. A copy of the Athens Convention and CLNI will be provided by Carrier upon written request.
d. In the event it is determined that we, as Carrier, are not entitled to all of the benefits of the Convention, including the limitations stated above, NO SUIT SHALL BE MAINTAINABLE AGAINST US UPON ANY CLAIM IN CONNECTION WITH THIS TRANSPORTATION OR TOUR PARTICIPANT CONTRACT RELATING TO CABIN BAGGAGE OR OTHER BAGGAGE OR ANY PROPERTY UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS SHALL BE DELIVERED TO US OR OUR AGENT AT OUR OFFICE AT ANY ADDRESS SET FORTH HEREIN WITHIN THIRTY (30) DAYS AFTER TERMINATION OF THE VOYAGE TO WHICH THIS TOUR PARTICIPANT CONTRACT RELATES AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST THE CARRIER WITH RESPECT TO CABIN BAGGAGE OR OTHER BAGGAGE OR PROPERTY BE MAINTAINABLE UNLESS SUCH SUIT SHALL BE COMMENCED WITHIN ONE (1) YEAR AFTER THE TERMINATION OF THE VOYAGE. NO SUIT SHALL BE MAINTAINED AGAINST US FOR DELAY, DETENTION, PERSONAL INJURY, ILLNESS OR DEATH OF THE PASSENGER UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS BE DELIVERED TO US OR OUR AGENT AT ANY ADDRESS SET FORTH HEREIN WITHIN SIX (6) MONTHS FROM THE DAY WHEN SUCH DELAY, DETENTION, PERSONAL INJURY, ILLNESS OR DEATH OF THE PASSENGER OCCURRED; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST US WITH RESPECT TO DELAY, DETENTION, PERSONAL INJURY, ILLNESS OR DEATH BE MAINTAINABLE, UNLESS SUIT SHALL BE COMMENCED WITHIN ONE (1) YEAR FROM THE DAY WHEN THE DELAY, DETENTION, PERSONAL INJURY, ILLNESS OR DEATH OF THE PASSENGER OCCURRED. The requirements of this clause cannot be waived by any of our agents or employees; they may be waived only by express written agreement of one of our directors having authority in the premises. In any case, where the time fixed in this Tour Participant Contract for the commencement of suit is less than that allowed by applicable law, such time is hereby extended so as not to exceed the minimum, lawful time.
e. Notwithstanding the foregoing, we shall in no event be liable to you in respect of any occurrence prior to embarkation or after disembarkation from the Ship named herein or substitute, except for transportation by water which is carried out by means of a conveyance provided by us including the Ship and its tenders or, with respect to any baggage, when the same is in our custody at any shoreside installation. We shall in no event be liable for the loss of or damage to cash, negotiable securities, gold, silverware, jewelry, ornaments, works of art or other valuables unless the same have been deposited with us against receipt for the agreed purpose of safekeeping. In the event of such a deposit, our liability for loss or damage thereof shall be limited to US$100.00, or in accordance with subpart (a) herein, whichever is less, unless value exceeding that amount be declared in writing. If the declared value exceeds US$100.00, we are entitled to charge 5% of value declared, up to US$5,000.00 Upon payment of this charge, liability will be extended to the true value declared but in no event shall we be liable for an amount exceeding US$5,000.00.
f. No representations are made with respect to travel facilities other than water transportation which we provide, which is governed by these terms and conditions. Other than our water transportation, we have no responsibility in whole or in part for any delays, delayed departures or arrivals, missed connections, loss, death, damage or injury to person or property or accident, mechanical defect, failure or negligence of any nature whatever caused in connection with any accommodations, transportation, services or facilities, substitution of hotels, common carriers or equipment with or without notice or for any additional expenses occasioned thereby. If the entire cruise is canceled for any reason, passengers shall have no claim other than for a full refund of the Cruise Fare. This Tour Participant Contract constitutes the sole agreement between Carrier and you, it being understood that the various independent contractors otherwise participating in your Cruise vacation will enter into their own separate contractual arrangements with you, and that you assume the risk of utilizing the services and facilities of those independent contractors. The Carrier is not responsible for any conduct of independent contractors, including those who may assist in or operate shore excursions.
g. If any claim is brought against us in a jurisdiction where any of the applicable limitations and exemptions contained in the foregoing subparagraphs are legally unenforceable, then in such event we shall not be liable for death, injury, illness, damage, delay or other loss or detriment to person or property arising out of any cause of whatever nature if not shown to have been caused by our negligence.
11. THIRD PARTY PROVIDERS. We, as the Carrier, are not responsible for services provided or items sold by any concessionaire or other third parties to you. Charges for such services or goods which you request and/or purchase will be your sole responsibility.
12. PASSENGER DETENTION. If you are detained on board or elsewhere at any time or at final destination because of quarantine, port regulations, illness or other cause, all expenses incurred in connection with such detention shall be your sole responsibility. If you are carried aboard the Ship beyond final destination for any reason, without fault of the Carrier, you shall pay for any additional maintenance or extra transportation. Should it become necessary, in the sole judgment of the Master to transfer you for medical reasons, the cost of such transfer shall be borne by you.
13. DANGEROUS ITEMS. Any piece of baggage must be distinctly labeled with your name, Ship’s name, cabin number and sailing date. You are allowed without extra charge one (1) cbm of baggage. You may not possess firearms, explosives, flammable materials or other hazardous goods. Such goods shall be surrendered to the Master at embarkation, and in our discretion may be confiscated, destroyed or surrendered to authorities. You shall have no claim for loss or inconvenience thereby incurred.
14. PETS. No pets or other animals are allowed on board the Ship.
15. INDEMNIFICATION. You agree to indemnify us for all penalties, fines, charges, losses or damages of any nature incurred or imposed upon us or the Ship by virtue of any act or violation of law by you or by all Passengers named on or traveling under this Tour Participant Contract.
16. HEALTH CONSIDERATIONS. You are required to advise us 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, including if you are so challenged and require the use of a wheelchair or other similar equipment. A certificate of fitness is required of all such Passengers. Please call 1-844-GOAMRAS and request the appropriate document. Some ports of call may have physical conditions which may preclude challenged passengers from going ashore. Decisions made by the Master of the Ship in such circumstances will be binding in all instances. If you are so challenged, you must bring and be responsible for all necessary items related to your said condition. If any such condition arises after the cruise is booked, you are required to advise us in writing immediately. Failure to so advise us shall release us and all professional personnel aboard the Vessel from any liability related to such condition or its treatment. Failure to disclose physical, mental, or emotional conditions prior to the departure date may result in denial of embarkation and forfeiture of the applicable fare and in such event we shall have no liability financial or otherwise. We are unable to accommodate women past their sixth month of pregnancy.
17. GENERAL AVERAGE. You will not be liable to pay, nor be entitled to receive, any general average contribution in respect of property taken with you on the Ship.
18. PAYMENTS. Any and all payments made by you to us shall be made in currency of the United States of America or other currency acceptable to us. All charges for services and products provided on board the Ship must be settled in cash or charged (via credit card acceptable to us) before your final disembarkation from the Ship. Any other expenses incurred by you or by us on your behalf shall be payable by you on demand.
19. CARRIER’S RESERVED RIGHTS.
a. Nothing contained in this Tour Participant Contract shall be construed to limit or deprive us of the benefit of any Convention, Statute or law whatsoever which might be applicable providing for exoneration from or limitation of liability, as more specifically set forth at Clause 9.
b. The provisions of Clause 9 shall extend to each of the independent contractors (including caterers and concessionaires) as well as our servants and agents and the Ship as defined in Clause 1, and for this purpose shall be deemed to constitute a contract entered into between you and us, as the Carrier, on behalf of all persons who are or may be our servants or agents from time to time, and all such persons shall to this extent be deemed to be parties to this Tour Participant Contract.
c. If any other person should be held responsible, he, she or it shall be entitled to all of the benefits, limitations and exceptions mentioned in this Tour Participant Contract and under the Convention, treaties or otherwise. This Tour Participant Contract and every term and provision hereof shall be and remain in full force and effect during all periods when we are under any responsibility to you or your property for any reason whatsoever.
20. PASSENGER’S COVENANTS. You covenant and warrant that you are duly authorized by or on behalf of all Passengers named on or traveling under this Tour Participant Contract to agree to all terms, conditions, limitations and exceptions herein contained, and by accepting and/or using this Tour Participant Contract, he or she and/or they do agree accordingly and do agree that the same shall be binding on them with the same force and effect as if they and every one of them signed this Tour Participant Contract. You must take proper steps (including provision of all necessary documents) as may be required to enable him or her to land at his or her port of destination and generally to comply with the laws of the country in which such port is situated. We shall not in any circumstances whatsoever, whether or not such documents are produced to us by you, be responsible for any information or advice as to said laws as may be given by you to us as the Carrier nor shall we be liable for the consequence of any insufficiency or irregularity in such documents or the noncompliance by you with such laws.
21. TOUR PARTICIPANT CONTRACT USAGE. The right is reserved to consider this Tour Participant Contract as canceled and the applicable fare forfeited if you do not use this Tour Participant Contract for the Ship or other Ships substituted, or land arrangements for the date mentioned, or should this Tour Participant Contract become lost or mislaid, or if you use this Tour Participant Contract for only part of the voyage indicated hereon, for any reason, whether or not due to causes beyond your control.
22. SECURITY PROVISIONS. In the interests of international security and in the interest of the convenience and safety of other Passengers, you agree and consent to a reasonable search being made of you, your baggage or other property, and to the removal and confiscation or destruction of any object which may, in our opinion, impair the safety of the Ship or inconvenience other Passengers, or violate the laws of any applicable authority relative to the possession and/or transportation of nonprescription narcotics, controlled substances or any other illegal commodity of any nature.
23. PASSENGER BOOKINGS. As a condition of its business, we retain the right to overbook Passenger accommodations. In the event that the Passenger accommodation referenced in this Tour Participant Contract is overbooked, or if we determine that the Ship is overbooked, we may, at our discretion, deny boarding to any Passenger and, at our further discretion, refund all monies paid or offer another cruise in substitution.
24. CHOICE OF LAW AND FORUM. All questions arising on this Tour Participant Contract solely in respect of the limitation of liability shall be decided according to the Conventions and the other and further laws cited at Article 9 hereof, including the statutory, maritime and general laws of Switzerland. The law governing all other aspects of this Tour Participant Contract is stipulated and agreed to be the statutory and general law of Switzerland, with references to which this Tour Participant Contract is made. ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS TOUR PARTICIPANT CONTRACT SHALL BE DETERMINED BY THE CIVIL COURT OF THE CANTON OF BASEL-STADT [ZIVILGERICHT BASEL-STADT], THE JURISDICTION TO WHICH WE, AS THE CARRIER, AND YOU HEREBY SUBMIT OURSELVES. IF ANY ACTION IS INITIATED IN ANY COURT OTHER THAN THE COURTS IN BASELSWITZERLAND, WE, AS THE CARRIER, AND YOU HEREBY AGREE TO THE IMMEDIATE TRANSFER OF SAID ACTION TO THE COURTS OF BASEL, SWITZERLAND. ANYATTORNEYS’ FEES AND/OR COSTS INCURRED IN SUCCESSFULLY TRANSFERRING AN ACTION BROUGHT IN ANY VENUE OTHER THAN BASEL, SWITZERLAND SHALLBE AWARDED TO THE PARTY PROCURING THE TRANSFER AND SHALL BECOME DUE AND PAYABLE AT THE TIME OF THE TRANSFER.
25. AMENDMENTS AND MODIFICATIONS. In the event amendments or modifications to this Tour Participant Contract are required they may be added by means of attached form and will be considered an enforceable part hereof.
26. MISCELLANEOUS. The illegality or invalidity of any paragraph, clause, or provision of this Tour Participant Contract shall not affect or invalidate any other paragraph, clause or provision thereof. All titles set forth in this Tour Participant Contract are for convenience only and have no separate meaning or effect.
AIR TRANSPORTATION TERMS & CONDITIONS
International (Warsaw Convention) Notice: If the passenger’s journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of carriers for death or personal injury and for loss of or damage to baggage. See also the notices entitled “Advice to International Passengers on Limitation of Liability” and “Notice of Baggage Liability Limitations.”
Domestic Notice: Air Transportation to be provided between points in the U.S. (including its overseas territories and possessions) is subject to the individual contract terms (including rules, regulations, tariffs and conditions) of the transporting air carriers, which are herein incorporated by reference and made part of the contract of carriage.
Where this coupon is issued for transportation or services other than air travel, specific terms and conditions may apply. These terms and conditions may be included in the ticket set or may be obtained from the issuing company or agent. Please make sure you have received the important legal notices entitled “Conditions of Contract,” “Notice of Incorporated Terms,” “Notice of Baggage Liability Limitations,” and “Notice of Overbooking” or the specific terms and conditions relating to non-air transportation or services. If not, contact the nearest office of the company or agent to obtain copies.