1. Contract
  
1.1 These terms and conditions (Conditions) form the basis of the contract between You and Scenic Tours Pty Ltd (ABN 85 002 715 602) (We, Us or Our) (Contract). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. Certain clauses in these Conditions may apply only to either the Scenic Brand or the Emerald Brand Journeys (as applicable). If a clause only applies to the Scenic Brand or the Emerald Brand (as applicable), this is expressly stated in the relevant clause. Your Contract may also include additional terms and conditions applicable to a special offer or promotion, and/or, depending on Your Journey, Destination Specific Terms.  

1.2 If Your Journey includes a Cruise, You will also be subject to the Passenger Ticket Terms and Conditions, being the conditions of carriage for the Cruise Vessel, which are available on our Website and otherwise on request to Us.

1.3 You confirm Your understanding and acceptance of these Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of Your Journey Price. If You do not understand and accept these Conditions and the terms of the Contract, You should not make any payment to Us and in this case, We will cancel Your Booking in accordance with clause 3.3 of these Conditions.

1.4 If You make a Booking on behalf of any other person, You represent to Us that You have their authority to make the Booking on their behalf and to legally bind them to the terms of the Contract, including these Conditions. Each reference to You, Your, Guest or Passenger means the person who makes the Booking and each other person covered by the Booking.

1.5 Your Itinerary does not form part of the Contract. It may be necessary for us to make changes to Your Itinerary and we do not guarantee any Itinerary that is provided to You. 

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

1.7 If Your Journey includes a Cruise, Your transportation on any cruise vessel during Your Journey, will also be subject to the terms and conditions of the Operator of the vessel (“Operator Conditions”). Although the Operator may be related to Us, it is a separate legal entity and business and You will enter a separate contract (based on the Operator Conditions) with each Operator. The Operator Conditions are published on Our Website and are also available on request by contacting one of our team at the Customer Service Contact Address. It is important that You read the Operator Conditions carefully to ensure that You understand Your rights and obligations under them. You confirm Your understanding and acceptance of the Operator Conditions by paying Your Booking Deposit or otherwise paying any part of the price of Your Journey to Us.

1.8 Travel Insurance: 
(a) All travel involves risks. We strongly recommend You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Journey, including cover for loss of luggage, medical expenses and costs and expenses incurred due to cancellations, delays or other disruptions.   

(b) If you do not obtain adequate travel insurance, You accept that You may not be able to recover costs in relation to Your Journey Price in the event of cancellation or material changes made to Your Journey or Itinerary.   

1.9 You acknowledge that in order to participate in Your Journey, You may need to sign up to and comply with the terms and conditions of Service Providers, and where reasonably practicable, We will provide such terms and conditions to you prior to or during Your Journey. 

2. Meaning of Words

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

(a) Booking means the booking You have made with Us for the Journey.

(b) Booking Deposit means a booking deposit in an amount which We have notified to You before You made Your Booking.

(c) Captain means the captain of a Cruise Vessel.

(d) Cruise means a cruise constituting or forming part of Your Journey.

(e) Cruise Director means any person designated by Us as the cruise director for any Cruise.

(f) Cruise Vessel means a vessel used for the purpose of providing a Cruise.

(g) Customer Service Contact Address means the details for contacting Us set out in clause 13.7 of these Conditions.

(h) Departure Time means the earlier of:  

 (i) The beginning of the boarding process of any vehicle (such as the embarkation of a Cruise Vessel) that is part of Your Journey; and

 (ii) You checking into any accommodation that is part of Your Journey. 

 (i) Destination Specific Terms means terms and conditions specific to a particular Journey, as published in the Journey Brochure or on Our Website for the relevant Journey, or, where applicable, set out in clause 14 of these Conditions.

 (j) Documentation has the meaning given to it in clause 6.6.

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

(l) Emerald Brand means the “Emerald Cruises” brand, associated with the Emerald Website.

(m) Emerald Website means the website at https://www.emeraldcruises.com.au. 

(n) Flexible Booking Plan means Our flexible booking plan as set out on Our Website.

(o) Force Majeure Event means any act of God, war, terrorism, fire, flood or any other extreme weather conditions or act of nature, loss of power, epidemics, pandemics or declared public health emergencies, industrial disputes, slow-downs or other strike activities, political unrest, riots or civil disturbances, prohibitions or acts of Federal, State, Territory, or Local government or, quasi-governments bodies or other authorities (including, in each case, their duly constituted or appointed agents), inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages, any border closure by any country or any relevant Government authority.

(p) Future Travel Credit means a credit that may be issued by Us to You and which may be redeemed against a future booking in accordance with clause 9 of these Conditions.

(q) Guest Contact Details means Your contact details which You have provided to Us at the time of making Your Booking, as amended by any written notice You may provide to Us from time to time in accordance with clause 13.10 of these Conditions.

(r) Itinerary means the itinerary for Your Journey issued by Us, subject to any amendments made by Us from time to time in accordance with this Contract.

(s) Journey means a journey or journey package offered or provided by Us.

(t) Journey Brochure means the brochure for Your Journey published by Us in hard copy or electronically, as amended from time to time by notification on Our Website.

(u) Journey Departure Date means the scheduled departure date for the Journey set out in Your Itinerary.

(v) Journey Price means the total amount payable by You for the Journey. It includes the Booking Deposit.

(w)  Minor Change has the meaning given to it in clause 5.4.

(x) Operator means the owner or operator of a Cruise Vessel, who is a separate legal entity and business, whether or not related to Us.

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

(z) Scenic Brand means the “Scenic” brand, associated with the Scenic Website.
(aa) Scenic Website means the website at www.scenic.com.au.

(bb) Service Provider means any contractor engaged by Us to provide a Journey or any part of a Journey, and includes an Operator. Service Providers are separate legal entities that may be related to Us. 

(cc) Tour Director means any person designated by Us as the Tour Director for Your Journey.

(dd) Validity Period means in respect of a Journey Brochure, the validity period stated in that brochure.

(ee) Website means the Scenic Website or the Emerald Website (as applicable).  

(ff) Your Journey means the Journey You have booked with Us, as outlined in Your Itinerary and (if applicable) as amended.

3 Booking and Payment

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

(a) Your Booking Deposit; or

(b) if Your Booking is made 90 days or less before the Journey Departure Date, the Journey Price and all other amounts payable under the Contract.

3.2 Except as indicated in clause 3.8, We will notify You of the Journey Price and provide You with Your Itinerary at the time of making Your Booking.

3.3 You must pay Your Booking Deposit within 7 days after making Your Booking. If We do not receive Your Booking Deposit within 7 days after You make Your Booking, We will automatically cancel Your Booking without further notice to You.

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

3.5 Any accommodation, sightseeing or flights We book for You separately to those stated in Your Itinerary are not included in the Booking Deposit or Journey Price, and You must pay both the deposit and full costs for such additional services separately to the Booking Deposit and Journey Price at the time which We notify to You at or before You make Your Booking. Any requests for such additional services will not be processed until Your Booking Deposit is paid in full.

3.6 For some special offers, We may require payment of a further deposit before the balance of the Journey Price is due. We will notify You of any such requirement before You complete Your Booking and will confirm the payment details when We confirm Your Booking. You must make payment by the date notified by Us.

3.7 Except as required by law or in accordance with the Flexible Booking Plan or as otherwise provided in the Contract, Booking Deposits are not refundable and are not transferable to other Journeys or Bookings.

3.8 If You make Your Booking within 90 days of Your Journey Departure Date, You must pay Your Booking Deposit before We can process Your Booking and confirm Your Journey Price. Your Booking is not confirmed until You have paid the Journey Price. We will notify You of the Journey Price promptly after We have calculated it. If You do not confirm Your acceptance of the Journey Price in writing within 7 days of receipt of notification from Us, You will be deemed to have rejected the Journey Price. If You notify Us that You have rejected the Journey Price or if You are deemed to have rejected the Journey Price, We will cancel Your Booking and refund Your Booking Deposit. If You accept the Journey Price, You must pay the outstanding Journey Price within 72 hours of Us notifying You of the Journey Price, or We will cancel Your Booking and retain Your Booking Deposit.  

3.9 If clause 3.8 does not apply, You must pay to Us the balance of the Journey Price and all other amounts payable under the Contract no later than 90 days before the Journey Departure Date. If Your Journey includes a Cruise, You must pay the balance of the Journey Price to Us no later than 120 days before the Journey Departure Date.

3.10 If You wish to change any incidental component of Your Booking, such as any pre or post Journey accommodation or add-ons, You must contact Us. We may accept or reject Your request. If We accept, We will notify You of additional costs (if any) resulting from the change (such as additional cost associated with additional days of accommodation requested by You or resulting from a change to Your flights that You requested). 

(a) If there are no additional costs, You must pay a change fee to Us for each change in accordance with clause 4.7 of these Conditions.

(b) If there are additional costs and You reject these, Your Booking will not be changed. 

(c) If there are additional costs and You accept these, You must pay a change fee to Us for each change in accordance with clause 4.7 of these Conditions and the additional costs resulting from the change. 

3.11 You may cancel a Booking by sending Us written notice of cancellation at the Customer Service Contact Address. If You cancel a Booking You will be liable to pay a cancellation fee in accordance with clause 4.8 of these Conditions.

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

4 Prices, inclusions and fees

4.1 All Journey Prices are quoted in Australian Dollars.

4.2 If You pay Us by credit card, a surcharge may be added, please enquire for details. There is no surcharge for payments made by cash, cheque or direct transfer to Our nominated bank account.

4.3 Your Journey Price includes all coach, rail and cruise travel set out in the Itinerary, the services of a Cruise Director (if applicable) and/or Tour Director, airport transfers outside Australia, meals as specified in Your Itinerary, economy class group flights and air taxes as set out in Your Itinerary, accommodation, sightseeing and admissions, where stated in Your Itinerary, port charges, all gratuities and tipping on land Journeys and any other specific inclusions identified in Your Itinerary.

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

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

4.6 We reserve the right not to honour any published prices that were erroneous due to printing, electronic, or clerical error. If You make a Booking based on erroneous pricing, We will offer You the option of cancelling the Booking and receiving a refund of any amount paid by You or confirming the Booking by paying the difference between the erroneous price and the correct price, as determined by Us.

4.7 The following Fees are payable in addition to the Journey Price: If You change Your Booking, other than by varying the Journey Departure Date, You must pay a change fee of $50.00 per Booking. This fee is on account of administrative expenses incurred by Us in changing Your Journey and is a genuine and reasonable estimate of Our expenses.

4.8 Cancellation fees payable by You: 

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

Days of notice prior to Journey commencement	Cancellation charge (per person)
Over 91 days	Loss of Booking Deposit
90 to 62 days	50% of Journey Price
61 to 0 days	100% of Journey Price

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

(b) If using a Future Travel Credit and You cancel Your Journey for any reason prior to Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will lose a portion of the Future Travel Credit equivalent to the cancellation fee that You would otherwise be liable for under clause 4.8(a). For the avoidance of doubt:

(i) if You seek to cancel Your Journey prior to 91 days before the Journey Departure Date, You will be liable for a cancellation charge against your Future Travel Credit that is equivalent to the amount of the Booking Deposit that would have been payable by You at the time of making Your Booking if you were using a payment method other than a Future Travel Credit; and

(ii) regardless of when you cancel, You will be notified of the relevant cancellation amount prior to the processing of your proposed cancellation. 
 You may also be liable to pay cancellation fees to airlines and other third parties. Any portion of the Journey Price that has been paid by You to Us in the form of the Future Travel Credit in excess of the applicable cancellation charge will be refunded to You in the form of a Future Travel Credit and must be used by You within 24 months of the date on which You originally obtained the relevant Future Travel Credit. 

4.9 We may vary Your Journey Price at any time before You have paid the Journey Price in full to the extent necessary to meet any increase in the Journey costs for reasons outside of Our control, including airfares, fuel, government taxes and charges, exchange rate fluctuations or other Journey related costs or tariffs. If We make such changes to Your Journey Price, We will notify You using Your Guest Contact details or via Your travel agent and give You a right to have Your Journey cancelled and receive a refund for the portion of the Journey Price that You paid directly to Us. We will not vary the Journey Price after We have received the total Journey Price from You, regardless of any increases in the costs incurred by Us. 

4.10 You are responsible for and must pay for all costs and expenses incurred by You as a result of any change made by You to Your Itinerary after the Departure Time. This includes changes due to illness or other personal reasons.

5 Cancellation and changes to Your Journey and Itinerary 

5.1 Your acknowledgement: 

(a) Subject to any rights you may have under the Australian Consumer Law and subject to clause 7.8, you acknowledge that: 

(i) there are general risks associated with travelling which are outside of Our control (in addition to Force Majeure Events) including Journey variations or interruptions caused by road, river, ocean or sea, weather conditions, public holidays, port or lock closures, unscheduled vessel or vehicle maintenance or emergency situations. We are not liable to You for any loss, cost or damage You may incur as a result of these general risks, except to the extent that such risks are a result of Our negligence, fraud or wilful misconduct; and 

(ii) We will not have any liability to You in relation to the cancellation of Your Journey by Us, or changes to Your Journey or Itinerary (including the costs of any affected travel arrangements and personal expenses, such as food) other than as set out in this clause.

(b) Your rights and remedies in this clause are subject to clause 8 (Force Majeure Event). 

5.2 Notice: If We cancel or make any changes to your Journey or Itinerary at any time for reasons in or outside of Our control, We will use reasonable endeavours to give You reasonable notice of the cancellation or change (as applicable). If the cancellation or change occurs prior to the Departure Time, We will notify You using Your Guest Contact details or via Your travel agent. If the cancellation or change occurs after the Departure Time, You will be notified personally by the Cruise Director or Tour Director. You acknowledge that there may be circumstances outside of Our control and knowledge in which case We may only provide You with little or no advance notice of the cancellation or change.

5.3 Cancellation: We may cancel Your Journey for any reason (separate to Force Majeure Events), at any time (including prior to and after the Departure Time). For example, We May cancel Your Journey prior to the Departure Time if We do not receive a minimum number of Journey or Cruise passenger bookings to operate the Journey and ensure an enjoyable group atmosphere. If We cancel Your Journey prior to the Departure Time under this clause, You will be entitled to a refund of the Journey Price that You paid directly to Us. If We cancel Your Journey after the Departure Time under this clause, You will be entitled to a pro rata refund of the Journey Price that You paid directly to Us and that directly relates to the cancelled part of the Journey.  

5.4 Minor changes to Your Journey or Itinerary: We may make certain non-material changes to Your Journey and/or Itinerary (separately to changes as a result of Force Majeure Events) at any time (including prior to and after the Departure Time) (Minor Changes). Minor Changes may include an inability to sail for part of a day, the use of coaches to transfer You to an alternative Cruise Vessel, changes in ports of embarkation or disembarkation, changes to Your cabin on the Cruise Vessel, changes to sightseeing activities, changes to Your Itinerary on board a Cruise Vessel and changes to the amount of time spent at a particular location. We have no liability to you for a Minor Change and You will not be entitled to a refund or any other remedy in the event of a Minor Change.

5.5 Other changes to Your Journey or Itinerary prior to the Departure Time: We may make any changes to Your Journey and Itinerary prior to the Departure Time (separately to changes as a result of Force Majeure Events), including changes to the planned departure date. If We make such changes, We may offer you an alternative Journey or Itinerary and notify you of any applicable difference in the Journey Price. If You accept the alternative Journey or Itinerary (as applicable) within 7 days of being notified by Us and: 

(a) the original Journey Price exceeds the alternative Journey Price, then We will refund You the difference; or

(b) the alternative Journey Price exceeds the original Journey Price, then You must pay us the difference.
 If You do not accept the alternative Journey or Itinerary (as applicable) within 7 days of being notified by Us, We will cancel Your Journey and refund You the Journey Price that You paid directly to Us.

5.6 Other changes to Your Journey or Itinerary after the Departure Time: 

(a) We may also be required to make other changes to Your Journey after the Departure Time for reasons outside of Our control (and separately to changes as a result of Force Majeure Events). Such changes may include cancellation of sightseeing activities, continuous cruising without stopping, operating part of the Journey by coach and provision of off-ship accommodation in hotels or other accommodation. 

(b) If We make a material change to Your Journey or Itinerary under this clause but provide You with a reasonably appropriate and equivalent alternative arrangement, then You may not be entitled to a refund and our liability to You will be limited to the arrangements offered under this clause, subject to clause 5.6(c).  

(c) To the extent We make a material change to Your Journey under this clause and We do not offer You a reasonably appropriate and equivalent alternative arrangement, You may be entitled to a proportionate refund of the Journey Price that You paid directly to Us (as determined by Us, acting reasonably). 

6. Your Journey obligations

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

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

6.3 If You are withdrawn from the Journey under clause 6.2, You must make Your own travel and other arrangements at Your own expense and We are not liable to You for any loss, cost or damage You may suffer or incur as a result.

6.4 You must have a valid passport with an expiry date of at least six (6) months after the last scheduled day of Your Journey.

6.5 You must ensure that You obtain prior to the Journey Departure Date all required entry visas for all countries to be visited during the Journey, as failure to obtain correct documentation may affect Your participation in certain shore excursions and entry to certain countries during the Journey.

6.6 If You do not have the correct visa or other documentation necessary to enter a country or participate in any aspect of a Journey (Documentation):

(a) We will not refund to You any portion of the Journey Price; and

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

6.7 If You are unhappy with something that does or does not happen on Your Journey, You must first use all reasonable endeavours to negotiate with Us in good faith to settle the dispute before commencing proceedings in any court or tribunal, including your participation in any class action purported or proposed class action or any other representative action. 

6.8 In the first instance, You should raise any concern with the Tour Director or the Cruise Director as soon as reasonably practicable, as it may be possible for them to take steps to resolve Your concern with minimal delay.  

6.9 You must make Your own enquiries regarding Your Journey, including being aware of any relevant government travel safety warnings.

7. Liability

7.1 Nothing in these Conditions or the Contract operates to exclude, restrict or modify the application of any provision of the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any equivalent State or Territory legislation, the exercise of a right conferred by such a provision, or any of Our liability for breach of a guarantee, condition or warranty implied by such a provision, where it is unlawful to do so. All exclusions and limitations of Our liability under the Contract must be read subject to this clause.

7.2 To the maximum extent permitted by law and subject to clause 7.1, You acknowledge and agree that We accept no responsibility and will not be liable to You (or any third party) for any loss, cost or damage (including loss of enjoyment), except to the extent that such loss, cost or damage is a result of Our negligence, fraud or wilful misconduct, suffered directly or indirectly in connection with:

(a) any Journey risks or other aspects of the Journey disclosed to You in the Contract;

(b) subject to any remedies You may have under clause 5, delays in departure or arrival times of aircraft, vessels or otherwise during Your Journey;

(c) any loss or damage to Your baggage or belongings;

(d) any personal injury or death resulting from the acts or omissions or negligence of any third parties providing goods or services to You during the Journey, including air carriers, hotels, shore excursion operators, restaurateurs, transportation providers and medical personnel; or

(e) any disappointment or loss of enjoyment due to circumstances outlined in the Contract or otherwise outside of Our control.

7.3 Subject to clause 7.1, but despite any other provision of the Contract, and to the extent permitted by law, Our maximum liability to You or any third party is limited to the Journey Price You have paid to Us, except to the extent that such liability is a result of Our negligence, fraud or wilful misconduct. 

7.4 To the maximum extent permitted by law and subject to clause 7.1, You acknowledge and agree We are not liable to You, under any circumstances, for any loss of enjoyment, opportunity, profit, savings, revenue or interest or any other consequential or indirect, incidental, special or punitive loss, damage or expenses, except to the extent that such loss, damage or expense is a result of Our negligence, fraud or wilful misconduct.

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

7.6 To the extent permitted by law and subject to any rights you may have under the Australian Consumer Law, all express or implied warranties, guarantees, representations, or terms are expressly excluded. Where the law implies any guarantee, condition or warranty which cannot be excluded, to the maximum extent possible, Our liability to You for breach of such an implied guarantee, condition or warranty is limited, to one or more of the following at Our option:

(a) in the case of goods: the repair of goods, replacement of goods, the supply of equivalent goods or the cost of repair, replacement or supply of equivalent goods; or

(b) in the case of services: supplying the services again or payment of the cost of supplying the services again.

7.7 Subject to clause 7.1, You acknowledge and agree that where Your Journey, any part of Your Journey, accommodation, flights or any other good or service are not directly provided by Us, but are provided by a Service Provider, in the event of any dispute or claim including for loss, damage, breach of contract or negligence arising from the conduct of the Service Provider, You must pursue Your claim directly against the relevant Service Provider.

7.8 Notwithstanding any other provision in these terms, Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled: 

(a) to cancel Your service contract with Us; and 

(b) to a refund for the unused portion, or to compensation for its reduced value. 
 You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, You are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel Your contract and obtain a refund for the unused portion of the contract.  

8. Force Majeure Event

8.1 Force Majeure Events are events outside of Our control. As set out in clause 1.8(b), we strongly recommend that you obtain travel insurance that adequately protects you against these risks.

8.2 If the performance of Our or a Service Provider’s obligations is hindered, prevented, delayed or affected by the occurrence of a Force Majeure Event, those obligations are suspended for the duration of the Force Majeure Event.

8.3 We will use reasonable endeavours to give You notice as soon as reasonably practicable of the occurrence of a Force Majeure Event that prevents, materially affects or delays, or is likely to prevent, materially affect or delay, the performance by Us or a Service Provider of Our obligations under the Contract.

8.4 We may cancel, redirect, delay or amend a Journey as a result of the occurrence of a Force Majeure Event which prevents, materially affects or delays, or which We reasonably determine is likely to prevent, materially affect or delay, Our or a Service Provider’s ability to provide the Journey:

(a) in accordance with the Contract; or

(b) to a standard which We consider will meet the reasonable expectations of the Journey participants.

8.5 If We cancel Your Journey or make any changes to Your Journey or Itinerary (including changes to the planned departure date, change to the mode of transport or provision of onshore instead of onboard accommodation) as a result of a Force Majeure Event: 

(a) We will not have any liability to You; and

(b) You may not be able to exercise the rights and claim the remedies that would otherwise be available to You under this Contract, including any right You may otherwise have to a full or partial refund of Your Journey Price. 

8.6 You acknowledge that this clause 8 is reasonably necessary to protect Our legitimate business interests and that We are unlikely to be able to recover our costs and expenses on the occurrence of a Force Majeure Event.

9. Future Travel Credits

9.1 Without limiting anything in clause 5 (Cancellations and changes to your Journey and Itinerary) or clause 8 (Force Majeure Events), We may elect to, but are in no way obliged to, provide you with a Future Travel Credit, upon the occurrence of a Force Majeure Event.

9.2 If You are provided with a Future Travel Credit, the following rules apply to the use of Your Future Travel Credit:

(a) You may apply it towards any future booking for a Journey with a Journey Departure Date within 24 months after the date on which We cancel Your Booking, subject to availability and any Future Travel Credit capacity limits applicable to Your selected Journey or cruise;

(b) If We provide You with a refund by way of a Future Travel Credit, then You must apply all amounts to any future booking for a Journey with a Journey Departure Date within 24 months of the date on which We provided you the refund by way of the Future Travel Credit; 

(c) If Your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the following brands within Our corporate group: Scenic Luxury Cruises & Tours, Emerald and Evergreen Cruises & Tours;

(d) If Your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the following brands within Our corporate group: Scenic Luxury Cruises & Tours, Emerald and Evergreen Cruises & Tours;

(e) You may, with Our prior written consent, which We will not unreasonably refuse, transfer it to another person to apply towards any future Booking for a Journey with a Journey Departure Date within 24 months after the date on which We cancel Your Booking;

(f) its use for any future booking is subject to availability;

(g) It cannot be applied against stand-alone products or upgrades from third parties or Service Providers in conjunction with the standard Journey Itinerary;

(h) It is not redeemable in whole or in part for cash and will expire to the extent it is not used; and

(i) You (or the person to whom it is transferred) must pay any shortfall between the value of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 of these Conditions.

10. Privacy and Data Protection

10.1 In order for Us to process Your Booking and provide the Journey to You, You will need to provide to Us, and We will need to use Personal Information. We will need to provide Your Personal Information to Service Providers, as well as customs and immigration authorities. We may also provide Your Personal Information to security and credit checking organisations. Some of the persons to whom We provide Your Personal Information are located overseas, including in countries that may not provide the same level of protection of Personal Information as Australia. By making a Booking You give Us Your consent to use and disclose Your Personal Information in the manner described in this clause 10.1.  

10.2 We will otherwise deal with Your Personal Information in accordance with Our privacy policy, which can be found on Our Website or provided on request. For the avoidance of doubt, the Privacy Policy does not form part of this Contract. 

11. General Provisions

11.1 We may only waive a right or remedy created under these Conditions in writing. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does any waiver by Us (either wholly or in part) operate as a subsequent waiver of the same or any other right or remedy.

11.2 The Contract is governed by the laws in force in New South Wales, Australia.

11.3 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts.

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

11.5 In these Conditions, unless the context otherwise indicates a contrary intention:

 (a) headings are for convenience only and do not affect interpretation;

 (b) singular includes the plural and vice versa;

(c) a reference to a party includes its successors, permitted assigns, administrators and substitutes;

(d) where a word or phrase is defined, its other grammatical forms have the corresponding meaning;

(e) the word ‘include’ in any form is not a word of limitation;

(f) no rules of construction apply to Our disadvantage on the basis that these Conditions or the Contract were prepared by Us;

(g) a reference to a natural person includes their personal representatives; and

(h) a reference to a body (including institute, association or authority) which ceases to exist or whose powers or functions are transferred to another body is a reference to the body which replaces it or which substantially succeeds to its powers or functions.

11.6 If a provision of the Contract, or a right or remedy of a party under this Contract is invalid or unenforceable in a particular jurisdiction, it is read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability and it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.

11.7 The Journey Brochure is valid for the Journey Departure Dates within the Validity Period, unless otherwise indicated in Your Itinerary, and supersedes all previous brochures.

12 Important notices about Your Journey

12.1 Journey Participation

(a) Special needs: We welcome You if You have a disability or other special need, provided You are accompanied by a companion capable of providing all the assistance You require. Please note that although We will use reasonable endeavours to provide You with all the activities on Your Itinerary, depending on Your disability, You may not be able to participate in every activity and the Tour Director or Cruise Director will have the right to refuse Your participation if the Tour Director or Cruise Director believes Your health and safety or the health and safety of any other person may be impacted by Your participation. You must advise Us (or Your travel agent) of any disability, medical condition or dietary requirement at the time of Booking.

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

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

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

(iii) requests for disabled rooms must be made at the time of Booking and are subject to availability;

(iv) for safety reasons, passengers in wheelchairs cannot be carried on boarding ramps (which may be steep due to water levels) whilst the Cruise Vessel is tied up or at anchor, or onto motor coaches; and

(v) wheelchairs and walkers can be carried in the luggage compartment of motor coaches, subject to space limitations.

(c) Other reasons for which Your Booking may be declined: We may decline Your Booking if We are of the view that:

(i) We cannot adequately provide for any of Your special needs;

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

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

12.2 Cruises
If Your Journey includes a Cruise, the following provisions apply:

(a) Deckplan: The deck plan, cabin sizes, images, inclusions and layout in the Journey Brochure are indicative only and may vary. Pictured representations of cabins or rooms in Journey Brochures are not drawn to scale. Suite dimensions within each category may vary in size depending on their location on each deck. Suite measurements are based on gross calculations and include internal technical spaces.

(b) Cruise Cabins: Your Journey Price is based on the Cabin category indicated in the Journey Brochure. Upgrades are subject to availability and will be at an additional cost.

(c) Port Arrival and departure times: arrival and departure times are an indication only and are always subject to change without notice. 

(d) Shore Excursions: Shore excursions provided by Service Providers are at Your own expense and can be purchased prior to Your Journey Departure Date. We recommend booking shore excursions at least 120 days prior to Your Journey Departure Date.

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

(f) Photography: Our Journeys offer some of the most spectacular and beautiful photographic scenery in the world. However, We cannot guarantee that every scene or highlighted featured in a Journey Brochure or Itinerary will be available on each Journey. No refund or other compensation will be available for any missed scene or photographic ‘opportunity’.

(g) Smoking: Smoking is limited to designated smoking areas during Your Cruise and may be limited to designated smoking areas during other parts of Your Journey.

(i) You acknowledge that We may restrict smoking to specific times and locations during Your Cruise for the comfort of all passengers.

(ii) Smoking is not permitted on coaches or such other places as nominated by Us from time to time.

(iii) Although We will use reasonable endeavours to ensure there are opportunities for You to smoke during the Journey, We cannot guarantee such opportunities will be available.

(h) Noise, vibration and odour: While the Operators take reasonable steps to minimise noise, vibration and odours on the cruise vessels, You acknowledge and accept that some noise, vibration and intermittent odours may be experienced on the Cruise Vessel, and that We accept no responsibility, and will not be liable to You in relation to any such noise, vibration or odour.

(i) Docking Position: During port stops, vessels may dock side by side, obstructing views and requiring You to pass through other vessels to embark and disembark. You agree and acknowledge that You will have no claim in respect of any such matters.

12.3 Drones

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

(b) Legal restrictions: You should also be aware that, in addition to the prohibition in paragraph 12.3(a), the use of Drones is regulated or prohibited by law in many locations and unlawful use may result in arrest or prosecution by the relevant authorities.

(c) Organised Activities: If We or an Operator allow You to operate a Drone as part of an organised activity during Your Journey, You must strictly comply with all instructions of the activity leader.

12.4 Coaches

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

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

13. Additional Important Information

13.1 Air Travel and baggage

(a) Airfare Conditions

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

(ii) Our reservations consultant will book an appropriate fare for Your Journey.

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

(iv) Airfares booked as part of Your Journey may not be a direct flight and some included flights are unescorted. If You request a customised route or direct flight, You will be responsible for all additional costs.

(v) Depending on departure date and time of booking, the required booking class for airfare offer may be too far in advance to book with the appropriate airline. If the required booking class is unavailable, air surcharges may apply. The flight quote including air taxes and surcharges will be confirmed once all air sectors are booked and confirmed.

(vi) Taxes (including all airline and government taxes and surcharges) are subject to change and will be advised at the time of flight reservation.

(vii) All flights are subject to schedule changes and class downgrades, as determined by the operating airline. You acknowledge and agree that We accept no responsibility and will not be liable to You for any costs associated with these changes.

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

(b) Airport Transfers

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

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

(iii) If You do not book Your flights with Us, You must ensure Your flight details are provided to Us at least 60 days before the Journey Departure Date by:

(A) entering Your flight details at the trip personaliser on the Website; or

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

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

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

(vi) Unless expressly stated in Your Itinerary, airport transfers may be group transfers scheduled to coincide with multiple flight arrival and departure times. Private transfers, including Royal Suites transfers (available for Scenic Brand only) are not available in all locations. Please enquire for further details.  

(c) Carriers: The carriers (including airlines, rail and sea carriers used in association with the Journeys) are not responsible for statements or features in Journey Brochures. The conditions of sale of each carrier constitute a separate contract between You and the carrier and We have no responsibility in relation to contracts between You and the carriers.

(d) Luggage

(i) Journey participants are entitled to one suitcase per person. Your suitcase must not exceed 76 x 53 x 28cms (30’’ x 21’’x 11’’) and must not weigh more than 23kg (50lbs). All luggage must be stored in Your suite while on the Cruise Vessel, there are no additional luggage storage facilities available.

(ii) Airline passengers should consult with their airline as size and weight restrictions on luggage may vary from airline to airline and according to the class booked.

(iii) It is Your responsibility to ensure Your luggage complies with these requirements and You acknowledge that We, contracted airlines or Service Providers may elect not to carry overweight items.

(iv) You will be responsible for any excess baggage charges.

13.2 Sightseeing, Excursions and Special Activities on Journey

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

(b) Mountain Excursions: Some Journeys include mountain excursions involving high altitudes. Please consult with Your doctor to ensure that You have an adequate level of fitness and are in good health before participating in these excursions.

(c) Scenic Freechoice (Scenic Brand only): All Scenic Freechoice activities and Scenic Freechoice Dining can be booked during Your Journey with Your Cruise Director or Tour Director (unless otherwise stated) but are subject to availability, seasonal and operational factors. Some activities require a minimum or maximum number of participants to operate.

(d) Scenic Enrich (Scenic Brand only): It may not always be possible to offer every Scenic Enrich activity in the Journey Brochure on Your Journey. Wherever possible, suitable alternatives will be provided without liability to You. 

(e) DiscoverMORE Optional Tours (Emerald Brand only): Additional activities undertaken by You such as sightseeing tours purchased by You in addition to those activities outlined in the Journey Brochure during Your Journey are not included in Your Journey Price and incur an additional cost. Additional activities are subject to availability, seasonal and operational factors and must be pre-booked prior to Your Journey Departure Date. Some activities require a minimum and maximum number of participants to operate. 

13.3 Passenger Requirements

(a) Special Diets: You must advise Us in writing of any and all special requests and dietary requirements at the time of Booking. We will make every reasonable effort to accommodate Your dietary requests but cannot guarantee that such requests will be met.

(b) Vaccinations: It is Your responsibility to ensure You have all required vaccinations for Your Journey and We recommend You refer to www.smarttraveller.gov.au for full details and also consult Your doctor.

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

(d) Solo Passengers and Single Accommodation

(i) Prices quoted in Journey Brochures are on a twin share per person basis. If Your Booking is not a twin share booking, We will notify You of the applicable single supplement rate for Your Journey (Single Supplement Rate), and You must pay such Single Supplement Rate in addition to the price quoted on a twin share per person basis at the time of Booking.  

(ii) If You are willing to share a room with another single traveller of the same gender, You must pay the Single Supplement Rate and We will use reasonable endeavours to match You with another single traveller of the same gender, but We cannot guarantee availability. If We are able to match You with another traveller and You remain matched throughout the entire Journey, You will be refunded Your Single Supplement Rate within two (2) weeks of Your Journey completion. We accept no responsibility for the suitability of the allocated rooming partner.

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

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

(e) Young Passengers:

(i) Passengers under the age of 18 years (as at the Journey Departure Date) must be accompanied by an adult and share their accommodation with an adult.

(ii) Children under the age of 12 years are not encouraged (with the exception of Christmas Journeys and Cruises) and are accepted or rejected at Our discretion. 

13.4 Maps, Pictures and Images

(a) Maps: Maps or Journey depictions contained in Journey Brochures or any other brochures We issue are intended as an indication only and should not be relied upon as the actual route to be taken during the Journey.

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

13.5 Hotel Accommodation

(a) Substitution: We may substitute hotel accommodation of a similar standard in place of the advertised hotel due to hotel availability issues. Any changes will be notified once confirmed with the hotel.

(b) Responsibility: Although We have taken reasonable steps to secure the most suitable hotel accommodation in the area of the Journey, We are not liable to You for the quality, size or fitness of hotel rooms.

13.6 Flexible Booking Plan
 Our Flexible Booking Plan is available at a cost of $125 per person per Journey, excluding Amazon cruises and Galapagos cruises and Journeys. The cost is non-refundable and must be paid at the time of booking Your Journey. The Flexible Booking Plan does not, nor is it intended to, replace travel insurance. Details and terms and conditions of the Flexible Booking Plan are available on Our Website. 

13.7 Contact Details
To make, change or cancel a Booking or to make any enquiries regarding a Booking or to otherwise give Us any notice in accordance with the Contract, You should contact Our customer service centre as follows: 
For the Scenic Brand:
Email: info@scenic.com.au
Telephone: 1300 170 588
Postal: PO Box 807, Newcastle, NSW 2300 Australia 
For the Emerald Brand:
Email: info@emeraldcruises.com.au
Telephone: 1300 286 110
Postal: PO Box 807, Newcastle, NSW 2300 Australia 

13.8 Our customer service centre is open from 7.30am to 6.00pm Monday to Friday and 9.00am to 1.00pm Saturday (excluding public holidays in New South Wales) (Australian Eastern Standard Time). Although We hope You won’t need it, Our after-hours emergency number when calling in Australia is freecall 1800 620 105. Other emergency contact details are included in Your travel documents.

13.9 If You need to contact Us during Your Journey, We recommend that if it is practicable to do so, in the first instance, You should try to contact the Tour Director or Cruise Director. Depending on the purpose of Your contact, they may be able to assist You, but otherwise they may direct You to contact Our customer service centre.

13.10 We will use the Guest Contact Details if We need to contact You before the Journey Departure Date. It is therefore very important that You keep the Guest Contact Details up to date and notify Us immediately of any changes. To update Your Guest Contact Details, please contact Us at the Customer Service Contact Address.