IMPORTANT NOTICE

THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO THE CONTRACT OF CARRIAGE BETWEEN YOU AS THE PASSENGER AND HAMILTON PTY LTD, IN THE KINGDOM OF CAMBODIA (HEREINAFTER "COMPANY") AS CARRIER WITH RESPECT TO THE M.V "SCENIC SPIRIT", (HEREINAFTER "VESSEL"). COMPANY (THROUGH THE INTERMEDIARY OF ITS BOOKING AGENTS) ENTERS INTO CONTRACTS OF CARRIAGE, ISSUES ALL CONTRACTS, AND ACCEPTS AND CARRIES PASSENGER AND BAGGAGE ONLY ON AND SUBJECT TO THESE TERMS AND CONDITIONS. THIS CONTRACT IS AN AGREEMENT BETWEEN PASSENGER AND COMPANY. THE LIABILITY OF COMPANY TOWARDS PASSENGER IS LIMITED BY OPERATION OF LAW AND BY OPERATION OF THESE CONDITIONS. SECTIONS 5, 6, 9, 10, 11, 12, 13 AND 14 OF THESE TERMS AND CONDITIONS CONTAIN CERTAIN LIMITATIONS OF THE COMPANY'S AND THIRD PARTIES' LIABILITY, INCLUDING LIMITATIONS CONCERNING DEATH OR INJURY CLAIMS, AS WELL AS DAMAGE CLAIMS RELATING TO BAGGAGE AND PERSONAL PROPERTY. YOU THEREFORE SHALL ENSURE THAT YOU ARE PROPERLY INSURED AGAINST ALL RISKS THAT YOU AND YOUR BELONGINGS MAY INCUR. BY BOARDING OUR SHIP, YOU AGREE TO ACCEPT AND TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS WHICH FOLLOW, INCLUDING SPECIFICALLY THOSE REGARDING YOUR RIGHTS TO SUE, GOVERNING LAW, FORUM AND JURISDICTION. THANK YOU FOR TAKING THE TIME TO FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS

CONDITIONS APPLICABLE TO THE CONTRACT

1. DEFINITIONS:

"Baggage" means all such Passenger baggage allowed on the Vessel pursuant to the terms of this Contract which is placed in Passenger's cabin, or which has been stored in the Vessel's baggage room, holds or safe against receipt therefore at the request of Passenger. "Booking" means the booking by the Passenger of a Cruise on board the Vessel. "Company" means HAMILTON PTY LTD, in the Kingdom of Cambodia. "Conditions" means these terms and conditions. "Contract" means the booking confirmation and the contract for a Cruise on board the Vessel resulting from a booking, including these Conditions, as concluded between Company and Passenger through a Booking. "Cruise" means a trip of a number of days and/or a specific itinerary contracted by Passenger with Company. "Dangerous articles" include articles such as weapons, firearms, explosives, oxygen or inflammable or combustible substances, alcohol, drugs, illegal substances, or other dangerous, harmful or noxious goods. "Passenger" means every person named on the face of this Contract and/or travelling under this Contract or occupying the cabin designated on this Contract, including their heirs, successors in interest and personal representatives, including all infants, children and/or persons travelling with him or in his care. "Valuables" includes but is not limited to jewellery, money, bullion, precious metals or stones, plate or other objects of a rare or precious nature, bonds, securities, negotiable and financial instruments and /or tickets. "Vessel" means the river cruise ship "SCENIC SPIRIT" or any substitute ship chartered or operated or provided by Company, whether owned chartered, or operated by Company or by third parties on which Passenger may be travelling, and its tenders or any other similar means of conveyance. 

2. NON-TRANSFERABILITY / BINDING EFFECT

The Contract is valid only for Passenger or Passengers named herein for the Cruise, date and Vessel indicated. It may not be sold or transferred. The terms and conditions of the Contract are binding on, and confer benefits to Passenger, Passenger's spouse, heirs, executors, administrators, personal representatives, dependents and next of kin. Passenger represents and warrants that where she/he makes a Booking or otherwise deal with the Company through a sales agent, travel agent, tour operator or other intermediary (including another Passenger named on the Booking (the “Agent”), the Agent acts solely as her/his agent and is duly authorized to act for and on her/his behalf in any matter whatsoever, including but not limited to entering into a Contract, collecting any ticket issued by the Company, Registered Office No. 33, Street 294 (Corner Street 29), Sangkat Tonle Bassac, Khan Chamkarmon, Phnom Penh, Cambodia amending or cancelling any Booking or signing any document whatsoever, and that these Conditions form part of any Contract concluded by the Agent for and on her/his behalf. Each Travel Agent and if applicable, Passenger, represents and warrants that she/he is duly authorized by and on behalf of all Passengers (including minor children) named on the Booking to agree to and to bind all such Passengers to these terms and conditions.

3. EMBARKATION

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

4. BAGGAGE, VALUABLES AND OTHER POSSESSIONS

Due to space limitations, each Passenger may bring aboard the Vessel one (1) suitcase not exceeding 20 kilograms which must fit comfortably into the Passenger’s cabin without charge (additional baggage may be subject to an excess baggage charge). All Baggage must be securely packed and distinctly labelled with Passenger's full name, the name of the Vessel, and the cabin number of Passenger and the sailing date of the Vessel. Under no circumstances, may Dangerous Articles be taken aboard the Vessel. The Passenger shall be liable for all penalties imposed by statute and for all damages and losses sustained whether by the Company or the Vessel by reason or in consequence of any Dangerous Articles being brought or carried on board the Vessel. Any such item shall be surrendered to the Captain of the Vessel at embarkation, and may be disposed of in the sole discretion of the Captain. Pets and other animals are not allowed on board the Vessel. Hand or unlocked luggage, breakables and Valuables must be hand carried by Passengers on and off the Vessel at the Passenger’s own risk, and may not be included with check-in Baggage. Company shall not be responsible for loss or damage to such items and shall not be responsible for goods that Company would not have allowed on the Vessel, had it known of the existence thereof. Property not claimed upon arrival of the Vessel will be stored at the Passenger's and owner's risk and expense and if not collected within 30 days of the Vessel's arrival, may be disposed of by the Company in any manner whatsoever it deems fit without any liability or compensation to the Passenger and/or the owner and/or any other person.

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

The total value of the Baggage, Valuables and other personal belongings of a Passenger aboard the Vessel who does not deposit Valuables for safekeeping, as described in this Contract, shall be deemed not to exceed the amount of one thousand eight hundred (1,800) units of account (also known as special drawing rights or SDRs) per Passenger and Company's liability, if any, for loss of or damage to such belongings is limited to a maximum of one thousand eight hundred (1,800) SDRs per Passenger. Company provides safekeeping for Valuables aboard the Vessel and encourages Passengers to deposit any Valuables brought aboard the Vessel with the designated officer who will issue a receipt for such Valuables. Company shall not be liable for any loss of or damage to Valuables, whenever or wherever occurring, howsoever and by whomsoever caused and whether due to the neglect or default of the Company or otherwise, unless they have been delivered to the designated officer and a receipt issued. The value of articles delivered for safekeeping shall be deemed not to exceed two thousand seven hundred (2,700) SDRs, unless company agrees in writing to a higher value for the articles at the time of delivery to the designated officer. Unless specifically provided elsewhere in this Contract, Company shall have no liability for loss or damage to Baggage or personal effects. Personal belongings lost while unattended in public lounges or other public areas, whether on board the Vessel or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, and other acts-of-God are not reimbursable. Settlements of reimbursable claims for lost belongings will be made on the basis of actual cash value (replacement cost less depreciation), subject to the aforementioned caps. Settlements of reimbursable claims for damaged items will be on the basis of cost of repair or actual cash value, whichever is less, subject to the aforementioned caps. No amount shall be paid in settlement of any claim Registered Office No. 33, Street 294 (Corner Street 29), Sangkat Tonle Bassac, Khan Chamkarmon, Phnom Penh, Cambodia without proof of the actual cash value or repair cost as appropriate arising from the loss or damage. Such proof must be sent to Company. Company liability must be proven before any settlement will be paid.

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

(A) THE PROVISIONS AND LIMITATIONS AS CONTAINED IN THE LAWS OF SINGAPORE.
(B) COMPANY SHALL BE LIABLE ONLY IN ACCORDANCE WITH THE PROVISIONS AND LIMITATIONS AS CONTAINED IN THE LAWS OF SINGAPORE. IN MOST CASES LIMITS COMPANY'S INDIVIDUAL LIABILITY FOR DEATH, PERSONAL INJURY, AND LOST OR DAMAGED PROPERTY TO NO MORE THAN ONE HUNDRED AND FIFTY-SEVEN THOUSAND (175,000) SDRs.
(C) IT IS PRESUMED THAT LUGGAGE AND PROPERTY HAVE BEEN DELIVERED UNDAMAGED UPON DISEMBARKATION OR RE-DELIVERY UNLESS WRITTEN NOTICE IS GIVEN TO COMPANY: (I) IN THE CASE OF APPARENT DAMAGE, BEFORE OR AT THE TIME OF DISEMBARKATION OR REDELIVERY; OR (II) IN THE CASE OF LOSS OR NON-APPARENT DAMAGE, WITHIN 15 DAYS OF THE DATE OF DISEMBARKATION OR RE-DELIVERY OR FROM THE TIME WHEN REDELIVERY SHOULD HAVE TAKEN PLACE. ANY CLAIM FOR LOSS OR DAMAGE TO PROPERTY MUST BE ACCOMPANIED WITH PARTICULARS OF ALL INSURANCE COVER.
(D) ANY ACTION FOR DAMAGES ARISING OUT OF PERSONAL INJURY, DEATH, OR LOST OR DAMAGED LUGGAGE/PROPERTY SHALL BE TIME-BARRED AFTER A PERIOD OF TWO (2) YEARS. THE LIMITATION PERIOD SHALL BE CALCULATED AS FOLLOWS (I) IN THE CASE OF PERSONAL INJURY, FROM THE DATE OF DISEMBARKATION OF PASSENGER; (II) IN THE CASE OF DEATH, FROM THE DATE WHEN PASSENGER SHOULD HAVE DISEMBARKED OR THE DATE OF DEATH, WHICHEVER IS LATER; (III) IN THE CASE OF LOST OR DAMAGED LUGGAGE/PROPERTY, FROM THE DATE OF DISEMBARKATION OR FROM THE DATE WHEN DISEMBARKATION SHOULD HAVE TAKEN PLACE, WHICHEVER IS LATER.
(E) IN NO CASE SHALL AN ACTION BE BROUGHT AFTER THE EXPIRATION OF A PERIOD OF THREE YEARS FROM THE DATE OF DISEMBARKATION OF PASSENGER OR FROM THE DATE WHEN DISEMBARKATION SHOULD HAVE TAKEN PLACE, WHICHEVER IS LATER.
(F) COMPANY SHALL NOT BE LIABLE FOR LOST OR DAMAGED VALUABLES, EXCEPT WHERE SUCH VALUABLES HAVE BEEN DEPOSITED WITH COMPANY AGAINST RECEIPT FOR THE PURPOSE OF SAFEKEEPING IN WHICH CASE COMPANY SHALL BE LIABLE UP TO THE LIMIT AS PROVIDED FOR ABOVE.
(G) WHERE SINGAPORE LAW PERMITS COMPANY TO APPLY A DEDUCTIBLE, COMPANY MAY APPLY THAT DEDUCTIBLE.
(H) [IN THE EVENT IT IS DETERMINED THAT COMPANY IS NOT ENTITLED TO ALL OF THE RESTRICTIONS LISTED ABOVE, INCLUDING THE LIMITATIONS STATED ABOVE, PASSENGER MAY NOT MAINTAIN A LAWSUIT AGAINST COMPANY OR THE VESSEL, NOR WILL COMPANY OR THE VESSEL BE LIABLE, FOR LOSS OF LIFE OR BODILY INJURY UNLESS WRITTEN NOTICE OF THE CLAIM IS DELIVERED TO COMPANY NOT LATER THAN SIX (6) MONTHS AFTER THE DAY OF DEATH OR INJURY, THE LAWSUIT IS COMMENCED NOT LATER THAN ONE (1) YEAR AFTER THE DAY OF DEATH OR INJURY, AND VALID SERVICE OF THE LAWSUIT ON COMPANY OR THE VESSEL, AS APPLICABLE, IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE-YEAR PERIOD. FOR ALL OTHER CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOSS OR DAMAGE TO BAGGAGE, BREACH OF CONTRACT, OR OTHER CLAIM, PASSENGER MAY NOT MAINTAIN A LAWSUIT AGAINST COMPANY OR THE VESSEL, UNLESS COMPANY IS PROVIDED WITH WRITTEN NOTICE OF CLAIM WITHIN THIRTY (30) DAYS AFTER THE DATE OF DISEMBARKATION, THE LAWSUIT FOR SUCH CLAIM IS COMMENCED NOT LATER THAN ONE YEAR AFTER THE DATE OF DISEMBARKATION, AND VALID SERVICE OF THE LAWSUIT ON THE VESSEL OR COMPANY, AS APPLICABLE, IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE-YEAR PERIOD.] IN THE CASE OF A CLAIM BY OR ON BEHALF OF A MINOR OR LEGALLY INCOMPETENT PERSON, THE TIME PERIODS DESCRIBED ABOVE SHALL BEGIN TO RUN ON THE EARLIER OF: (A) DATE OF APPOINTMENT OF A LEGAL REPRESENTATIVE FOR THE MINOR OR LEGALLY INCOMPETENT PERSON, OR THEIR ESTATE (AS THE CASE MAY BE); OR (B) THREE (3) YEARS AFTER THE DATE OF DEATH, INJURY OR DAMAGE, AS APPLICABLE.
(I) CERTAIN THIRD PARTIES DERIVE RIGHTS AND EXEMPTIONS FROM LIABILITY AS A RESULT OF THE TERMS AND CONDITIONS STATED HEREIN. ALL OF COMPANY'S RIGHTS, EXEMPTIONS Registered Office No. 33, Street 294 (Corner Street 29), Sangkat Tonle Bassac, Khan Chamkarmon, Phnom Penh, Cambodia FROM LIABILITY, DEFENCES AND IMMUNITIES UNDER THIS CONTRACT (INCLUDING, BUT NOT LIMITED TO, THOSE ARISING UNDER THIS SECTION 6 OR APPLICABLE LAW) INURE TO THE BENEFIT OF COMPANY'S EMPLOYEES AND AGENTS, TOGETHER WITH THE VESSEL AND THE VESSEL'S TENDERS, OPERATORS, MANAGERS, CHARTERERS, OFFICERS, STAFF, CREWMEMBERS, SHIPBUILDERS AND MANUFACTURERS OF ALL COMPONENT PARTS. THESE THIRD PARTIES WILL HAVE NO LIABILITY TO PASSENGER, EITHER IN CONTRACT OR IN TORT, WHICH IS GREATER THAN OR DIFFERENT FROM COMPANY'S LIABILITY.
(J) IF A WRITTEN CLAIM IS NOT MADE AND SUIT IS NOT COMMENCED WITHIN THE TIME PROVIDED IN THIS SECTION 6, THEN PASSENGER CLAIMS WILL BE EXTINCT, AND PASSENGER WAIVES AND RELEASES ANY RIGHT SHE/HE MAY HAVE TO MAKE A CLAIM AGAINST COMPANY FOR ANY SUCH DAMAGE, BODILY INJURY, EMOTIONAL DISTRESS OR INJURY OR DEATH OR LOSS.
(K) COMPANY SHALL HAVE THE RIGHT AT ALL TIMES TO AVAIL THEMSELVES AND HAVE THE BENEFIT OF ANY AND ALL APPLICABLE GLOBAL LIMITATION OF LIABILITY OR EXONERATION OF LIABILITY RULES, REGULATIONS OR STATUTES. AS THE LAW GOVERNING THIS TICKET CONTRACT: SIXTY THOUSAND (60,000) SDRs (MULTIPLIED BY THE NUMBER OF PASSENGERS THE VESSEL, ACCORDING TO ITS CERTIFICATE, IS ALLOWED TO ACCOMMODATE; NOT TO EXCEED IN ANY EVENT MORE THAN TWENTY-FIVE (25) MILLION SDRs) TO APPLY TO THE AGGREGATE OF ALL CLAIMS WHICH ARISE ON ANY DISTINCT OCCASION AGAINST CARRIER, WITH RESPECT TO DAMAGES SUFFERED ON A SEAGOING VESSEL AND, AS REGARDS DAMAGES SUFFERED ON AN INLAND NAVIGATION VESSEL, NOT TO BE LESS THAN SEVEN HUNDRED AND TWENTY THOUSAND (720,000) SDRs OR MORE THAN (I) 3 MILLION (3,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF NOT MORE THAN 100; (II) 6 MILLION (6,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF NOT MORE THAN 180; (III) 12 MILLION (12,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF MORE THAN 180. 

7. ITINERARY / RIGHT TO CHANGE / DETENTION / TERMINATION

Company will make every reasonable effort to undertake the advertised and any other agreed and offered Cruise but no Cruise is guaranteed and Cruises may be altered, delayed, amended, or cancelled subject to circumstances. If the performance of the proposed Cruise is hindered or prevented (or in the opinion of Company is likely to be hindered or prevented by war whether declared or not), hostilities, terrorist action or threat thereof, blockade, weather condition, high or low water levels, ice, labour conflicts, breakdown of the Vessel, congestion, lock operational malfunction, docking difficulties or any other cause whatsoever or if Company considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the place of disembarkation may expose the Vessel to risk of loss or damage or to be likely to delay her, Passenger and his property may be landed at the place of embarkation or at any place which Company or the Captain of the Vessel in his or her discretion may reasonably decide upon, at which place the responsibility of Company shall cease and this Contract shall be deemed to have been fully performed, or if Passenger has not embarked, Company may cancel the proposed Cruise and may refund Passenger money or fares paid in advance. Company reserves the right at its sole option and discretion, without any liability for damages or refund, of any kind to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or lengthen any Cruise, to omit or change ports of call, to arrange for substantially equivalent transportation by another vessel and/or by other means of transportation, including without limitation by coach or other land transportation alternatives, whether belonging to the Company or not, and to cause Passenger to disembark from the Vessel temporarily or permanently. Company may for any reason whatsoever cancel any Cruise or terminate the Contract at any time before departure of the Vessel, and in such event, Company's only liability will be to refund to Passenger the amount it has received for the Contract provided, however, the termination was not caused by, or in any way attributable to any breach by the Passenger of any of the terms and conditions herein or any act, neglect or default on his part. For purposes of assisting other vessels or protecting life or property, the Captain of the Vessel has the right, at his or her sole discretion, to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or cancel any Cruise, to omit or change any ports of call, to tow or to be towed, to transfer Passenger and Passenger's baggage to any other vessel and/or other means of transportation whether Registered Office No. 33, Street 294 (Corner Street 29), Sangkat Tonle Bassac, Khan Chamkarmon, Phnom Penh, Cambodia belonging to Company or not, cause Passenger to disembark the Vessel temporarily or permanently, and Passenger shall have no claims against Company in such circumstances.  

8. HEALTH AND SECURITY / INDEMNIFICATION BY PASSENGER

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

9. PASSENGER RESTRICTIONS

Company does not discriminate against persons on the basis of disability. Company is unable to accommodate women past their sixth month of pregnancy and children less than six months of age. Company may limit the number of Passengers less than three years of age aboard the Vessel. Any child under the age of eighteen must be accompanied by an adult over the age of twenty-one. If the accompanying adult is not a parent, a "Parental Consent Guardianship Form" must be signed by a parent or legal guardian of the child and received by Company prior sailing. Every adult Passenger travelling with any minor Passenger shall be responsible for the safety, conduct and behalf of the minor Passenger. Passenger is required to advise Company in writing, at or prior to the time a Cruise is booked, of any physical, emotional or mental condition which may require professional attention during the Cruise. The vessel can accommodate collapsible wheel chairs on board, to be stored in the guest cabin, however a wheel chair will not have full access to all ship facilities and locations, and embarkation & disembarkation may not be possible in a wheelchair. Passengers with mobility impairments must be accompanied by someone who is able to assist Passenger, on shore and on board the Vessel, and is responsible for providing Passenger all necessary aid and facilities. If any such condition arises after the Cruise is booked, Passenger is required to advise Company in writing immediately. Company and all personnel aboard the Vessel shall have no liability to Passenger relating to such condition or its treatment. Company shall be entitled at any time, without giving reasons, to refuse passage to any Passenger who is pregnant, or has any form of sickness, disease, injury, infirmity, disability or illness, whether mental, physical or otherwise or to cancel any reservation made by or for such Passenger, without any liability whatsoever to such a Passenger.

10. INDEPENDENT CONTRACTOR / SHORE TOURS / LIMIT OF LIABILITY 

Company makes no representations concerning and has no responsibility for tours, including, without limitation, shore excursions, hotels, restaurants and transportation, whether by vessel, air, rail, land or other means, not owned or operated by Company. Company shall have no obligation or liability of any kind to Passenger for acts of omissions in connection with or arising out of arrangements with independent contractors. Arrangements with independent contractors include, but are not limited to the following:
(1) airline and surface transportation;
(2) services or products available for Passenger's convenience aboard the Vessel;
(3) services, products or transportation provided other than aboard the Vessel furnished by others, including without limitation, sight-seeing tours, pre-cruise and post-cruise tours, excursions, shore trips and tender service, whether arranged or organized by tour operators, travel agents, booking agents or Company.

The Passenger's agreements with independent contractors are not Registered Office No. 33, Street 294 (Corner Street 29), Sangkat Tonle Bassac, Khan Chamkarmon, Phnom Penh, Cambodia covered by this Contract and shall be subject to the terms and conditions of Passenger's agreements with such carriers and independent contractors, whether or not any products sold, services tendered or transportation provided to Passenger is arranged directly or through Company or its booking agents. The Passenger agrees that the Company shall not be liable whatsoever for injury, loss or damage to any person, baggage, property as a result of any act, omission or negligence of any of these independent contractors or any other person providing any of the off-ship services described in the foregoing whether relating to the passage or otherwise and the Passenger hereby releases and discharges the Company from any claims for such injury, loss or damage. Passenger agrees that all rights, exemptions from liability, defences and immunities of whatsoever nature referred to in the Contract applicable to Company or the Vessel, shall in all respects inure also for the benefit of any servant agent or independent contractor of Company acting in the course of or in connection with their employment so that in no circumstances shall any such servant, agent or independent contractor, as the result of so acting, be under any liability to any such Passenger different from that of Company. 

11. NO LIABILITY FOR MEDICAL TREATMENT

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

12. PAYMENT BY PASSENGER AND EXTRA EXPENSES

Any and all payments by Passenger to Company shall be made in currency of the Commonwealth of Australia or such other currency acceptable to Company. All charges for services and products provided on board the Vessel must be settled in cash or charged (via credit card acceptable to Company) before Passenger's final disembarkation from the Vessel. Any other expenses incurred by Passenger or by Company on behalf of Passenger shall be payable by Passenger on demand.

13. LIABILITY LIMITATION FOR LOSS OF LIFE OR BODILY INJURY

If Passenger is injured, becomes ill, or dies, or Passenger's property is lost or damaged, or Passenger and/or his/her property are delayed, Company will not be liable to Passenger for any damages unless the occurrence was due to the negligence or wilful fault of Company itself. Company disclaims liability to Passenger under any circumstances for infliction of emotional distress, mental suffering or psychological injury which was not:
(1) the result of physical injury to Passenger caused by the negligence of fault of a crewmember or the manager, agent, master, owner or operator of the Vessel;
(2) the result of Passenger having been at actual risk of physical injury, and such risk was caused by the negligence or fault of a crewmember or the manager, agent, master, owner or operator of the Vessel; or
(3) intentionally inflicted by a crewmember or the manager, agent, master, owner or operator of the Vessel. In no event will Company be liable to Passenger for consequential, incidental, exemplary or punitive damages.
In addition to all of the restrictions and exemptions from liability provided in this Contract, the liability of Company for the death of or personal injury (including emotional distress or injury) to a Passenger shall in no event exceed the monetary limitation of 60,000 SDR. Nothing in the Contract is intended nor shall operate to limit or deprive Company of any such statutory limitation of or exoneration from liability, or of the benefits of any statute or law of any country which might be applicable providing for exoneration from or limitation of liability.  

14. FORCE MAJEURE

Company shall not be liable in any way to Passenger for death, bodily injury, illness, damage, delay or other loss or detriment to person or property or for Company's failure to commence, perform and/or complete any duty owed to Passenger if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war-like operations, terrorist activities, civil commotions, labour difficulties, whether or not Company is a party thereto, interference by authorities, requisitioning of the Vessel, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Vessel, explosion, breakdown or Registered Office No. 33, Street 294 (Corner Street 29), Sangkat Tonle Bassac, Khan Chamkarmon, Phnom Penh, Cambodia failure of or damage to the Vessel or its hull, machineries or fittings, weather conditions, high or low water levels, lock malfunction, that may arise or be caused by, riots, insurrection and government restraint, fire, or any other cause whatsoever beyond the reasonable control of Company.

15. CHOICE OF LAW

This contract is considered to be issued at Singapore. The Law Governing all aspects of these terms and conditions is stipulated and agreed to be the statutory and general law of Singapore, with references to which these terms and conditions are made.

16. CHOICE OF FORUM

 

Any dispute arising out of or in connection with the booking, the contract (including these terms and conditions), the ownership and/or the operation of the vessel, whether against company in person or the vessel, shall be determined by the civil court in Singapore, to the jurisdiction to which company and passenger and all persons in passenger's party hereby submit themselves, and to the exclusion of the jurisdiction of Cambodia and Vietnam and the courts of any other country. if any action is initiated in any court other than the court of Singapore, company and passenger and all in passenger's party agree to the immediate transfer of said action to Singapore, any attorney's fees and/or costs incurred in successfully transferring an action brought in any venue other than Singapore, shall be awarded to the party procuring the transfer and shall become due and payable at the time of the transfer.

17. INTERPRETATION

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

18. WARRANTIES / PERIOD OF RESPONSIBILITY / CONSEQUENTIAL DAMAGES EXCLUDED

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

19. WRITTEN NOTICES

Except as otherwise expressly provided in the Contract, all written notices required by this Contract must be mailed, postage prepaid to:
HAMILTON PTY LTD,
No. 33, Street No. 294 (corner street No. 29)
Sangkat Tonle Bassac
Khan Chamkarmon, Phnom Penh
Cambodia

20. ENTIRE AGREEMENT

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

1. Contract 

1.1 These terms and conditions (“Conditions”) form the basis of the contract between You and Scenic Tours Pty Limited (“Scenic”, “We”, “Us” or “Our”) (“Contract”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. Your Contract may also include additional terms and conditions applicable to a special offer or promotion, and/or, depending on your Journey, Destination Specific Terms. 

1.2 You confirm Your understanding and acceptance of the Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of the price of Your Journey. If you do not understand and accept the 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. 

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

1.4 Your Itinerary does not form part of the Contract. 

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

1.6 If Your Journey includes a Cruise, Your transportation on any river cruise or ocean 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. The Cruise Conditions will be provided with Your cruising ticket, which will be provided to You before Your Cruise. Where the Cruise is on board Scenic Eclipse, the Scenic Cruise Passenger Ticket Terms and Conditions are hereby incorporated into and form part of these Terms & Conditions as if fully set out herein. 

1.7 For other elected activities, the terms and conditions of the operator or service provider will apply. A copy of these separate terms and conditions can be requested by contacting our customer service team at the Customer Service Contact Address and may also be available to view on Our Website. Such terms and conditions (including but not limited to Helicopter Passenger Ticket Terms & Conditions) and a General Waiver are incorporated into and form part of these Conditions. 

1.8 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. 

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 You before You make 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 and includes the Scenic Eclipse fleet. 

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

(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 15 of these Conditions. 

(j) “Discovery Team Leader” means any person designated by Us as the Discovery Team Leader for any Cruise forming part of Your Itinerary 

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

(l) “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 or pandemics, industrial disputes, slow-downs or other strike activities, political unrest, riots or civil disturbances, prohibitions or acts of government, semi government or other authorities, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Journey beyond Our control. 

(m) “Future Travel Credit” means a credit Issued by Us to You if We cancel Your Booking as a result of the occurrence of a Force Majeure Event under clause 5.4 of these Conditions which may be redeemed against a future booking in accordance with clause 5.4(c). 

(n) “General Waiver” means the general waiver available at Our Website. 

(o) “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 14.1 of these Conditions. 

(p) “Helicopter Passenger Terms and Conditions” means the helicopter passenger terms and conditions available on Our Website. 

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

(r) “Operator” means the owner or operator of a river cruise vessel, who is a separate legal entity and business, whether or not related to Us. 

(s) “Operator Conditions” means the Operator’s conditions of carriage for a Cruise vessel, which are available on our Website and otherwise on request to Us. 

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

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

(v) “Journey” means a Journey or journey package offered or provided by Us. 

(w) “Journey Brochure” means the brochure for Your Journey published by Us in hard copy or electronically and includes any amendments notified on Our Website from time to time. 

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

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

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

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

bb) “Website” means Scenic’s website at www.scenic.com. au. 

(cc) “Your Journey” means the Journey You have booked with Us, as outlined in Your Itinerary 

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 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 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 24 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 100 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 130 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 at Our absolute discretion and if We accept, You must pay a change fee to Us for each change in accordance with clause 4.7(b) of these Conditions and any additional costs resulting from the change. Additional costs may include additional overnight accommodation required as a result of any change to Your flights. 

3.11 You may cancel a Booking by sending Us written notice of cancellation at the Customer Service Contact Address. If You cancel a Booking You will be liable to pay a cancellation fee in accordance with clause 4.8 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, Discovery Leader (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; and where stated in Your Itinerary; port charges; all gratuities and tipping; 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 and associated fees, charges and taxes; additional optional activities; accommodation upgrades; meals not specified in Your Itinerary; drinks; laundry; passport fees; visas; vaccinations; medical assistance; medical services on board Scenic Eclipse; Spa and beauty treatments in the Spa Sanctuary; government taxes and charges (excluding GST); or any items or expenses of a personal nature. All helicopter, submarine and scuba diving experiences are an additional cost.

 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 We determine were erroneous due to printing, electronic, or clerical error. If You make a Booking based on erroneous pricing, We will offer You the option of cancelling the Booking and receiving a refund of any amount paid by You or confirming the Booking by paying the difference between the erroneous price and the correct price, as determined by Us. 

4.7 The following Fees are payable in addition to the Journey Price: 

(a) If You book 21 days or less before the Journey Departure Date, You must pay a late booking fee of $50.00 per Booking. 

(b) If You change Your Booking, other than by varying the Journey Departure Date, You must pay a change fee of $50.00 Terms & Conditions Scenic° 127 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 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	Cancellation charge	Journey/journey commencement (per person)
130 days and over	Loss of deposit
129 to 91 days	50% of Journey Price
90 days and less	100% of Journey Price

 

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

4.8 If using a Future Travel credit and You cancel Your Journey for any reason prior to 131 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable to a cancellation charge of 100% of the Journey Price held as a Future Travel Credit, regardless of when you notify us. If the Future Travel Credit is not utilised within 24 months of the date of cancellation, the full amount will be forfeited. You may also be liable to pay cancellation fees to airlines and other third parties. 

4.9 If using a Future Travel credit and You cancel Your Journey for any reason within 130 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable to a cancellation charge of 100% of the Journey Price, regardless of when you notify us. You may also be liable to pay cancellation fees to airlines and other third parties. No funds will be kept In credit for any future journey.

4.10 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 Our control, including airfares, fuel, government taxes and charges, exchange rate fluctuations or other Journey related costs or tariffs. 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. We will notify You of any such variation using the Guest Contact Details. 

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

5. Cancellation, delays and changes to Your Itinerary 

5.1 Although we reserve the right to cancel, delay or alter a Cruise for operational reasons, we will generally not cancel or consolidate a Cruise due to lack of passenger numbers. However, if minimum passenger numbers are not met, we reserve the right to limit the facilities, amenities and activities available on the Cruise Vessel. 

5.2 We will use reasonable endeavours to make any decision to cancel or delay a Journey or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Journey Departure Date. 

5.3 If We cancel or delay the departure of a Journey by 7 days or more, for whatever reason, before departure for any reason other than as a result of the occurrence of a Force Majeure Event: (a) We will use reasonable endeavours to offer You the closest available Journey or Cruise departure. If the proposed alternative Journey or Cruise is: 

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

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

(b) if You accept the proposed alternative Journey or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary; 

(c) if You do not accept the proposed alternative Journey or Cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, refund to You all monies paid directly to Us and will have no further liability to You; and 

(d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares or other arrangements booked independently through or paid to a travel agent. 

5.4 If, as a result of the occurrence of a Force Majeure Event, We; 

(a) cancel or delay the departure of a Journey prior to the Journey start date We will:

(i) cancel Your Booking and terminate the Contract;

(ii) issue You with a Future Travel Credit to the value of all monies You have paid directly to Us for the cancelled Booking; and

(iii) not refund any amounts You have paid directly to Us for the cancelled Booking;

(b) cancel a Journey after commencement We will:

(i) cancel Your Booking and terminate the Contract; and

(ii) not refund any amounts You have paid directly to Us for the cancelled Booking;

(c) issue a Future Travel Credit to You:

(i) 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;

(ii) 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 Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours).

(iii) 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 Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours).

(iv) 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;

(v) its use for any future booking Is subject to availability;

(vi) It cannot be applied against stand-alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary

(vii) It Is not redeemable in whole or in part for cash and will expire to the extent It Is not used; and

(viii) 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.

5.5 We will use reasonable endeavours to provide the Journey You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the Journey or Your Itinerary, before or after the commencement of the Journey. Where, due to circumstances outside the Operator’s control, We are unable to provide the Journey in accordance with Your Itinerary, We will use reasonable endeavours to: 

(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and 

(b) provide or arrange appropriate alternative activities, transport and accommodation as required. 

5.6 The circumstances in which Your Itinerary or the Journey may be altered include: 

(a) tidal waters or high or low water levels in any ocean or sea, river, canal, bay, cove or port; 

(b) port closures or port restrictions due to weather or other operational reasons 

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

(d) road, river, ice or weather conditions; 

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

(f) Force Majeure Events; 

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

(h) any other event beyond Our control. 

5.7 Alterations to Your Itinerary or the Journey may include: 

(a) substitution of vessels for part or the whole of a Journey; 

(b) cabin changes on a vessel; 

(c) substitution of another port or anchor location; 

(d) additional embarkations and disembarkations; 

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

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

(g) alterations to arrival and departure times; 

(h) alterations to sightseeing activities; and 

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

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

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

(a) if prior to Your Journey Departure Date, by phone, email or post using the Guest Contact Details or via Your travel agent; or 

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

5.10 To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause 5, including without limitation any: 

(a) claim for distress, disappointment or loss of enjoyment arising from the alteration; 

(b) additional personal expenses incurred by You, including for food, beverages and personal items; or 

(c) costs associated with any other travel arrangements affected by the changes, including any costs and expenses incurred by You for cancelling or changing those other arrangements or arising from a failure to meet a connection. 

6. Your Journey obligations 

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

6.2 If We, the Captain, Discovery Team Leader or Cruise Director or Our staff or any Service Provider consider You are negatively affecting Your own health, safety or enjoyment, or that of other passengers, including by refusing to comply with instructions of the Captain, Discovery Team Leader 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 Captain, Discovery Team Leader 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. 

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 all or any portion of the Journey Price; and 

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

7. Notification of General Risks 

77.1 You acknowledge and agree that there are general risks associated with travelling, which are beyond Our control and We are not liable to You for any loss, cost or damage You may incur as a result of these general risks. Such general risks include: 

(a) Journey variations or interruptions caused by road, river, ocean or sea, ice or weather conditions; national or local holidays affecting the closure of public buildings and attractions; Force Majeure Events; tidal water levels, high water levels; low water levels; flooding; unfavourable ice, or weather conditions; port or lock closures; unscheduled vessel or vehicle maintenance; or any unforeseen events or emergency situations 

(b) changes to the Journey and Your Itinerary in the circumstances described in clause 5.6 of these Conditions; 

(c) forces of nature; illness; flight schedule changes or cancellations; loss of luggage; epidemics or pandemics; political unrest; accidents; acts of terrorism or other criminal acts; changes to government visa or travel requirements; or 

(d) other circumstances beyond Our control. 

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

8. Liability 

8.1 Nothing in these Conditions or the Contract operates to exclude, restrict or modify the application of any provision of the 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. 

8.2 You acknowledge and agree that We accept no responsibility and will not be liable to You (or any third party) for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with: 

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

(b) any change to Your Itinerary or delays in departure or arrival times of aircraft, vessels or otherwise during the conduct of the 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 beyond Our control. 

8.3 Subject to clause 8.1, but despite any other provision of the Contract, and to the extent permitted by law, Our maximum liability to You or any third party (including any claims of negligence by Us) is limited to the Journey Price You have paid to Us. 

8.4 To the maximum extent permitted by law and subject to clause 8.1, 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. 

8.5 To the extent permitted by law, all express or implied warranties, guarantees, representations, or terms are expressly excluded. Where the law implies any guarantee, condition or warranty which cannot be excluded, Our liability to You for breach of such an implied guarantee, condition or warranty is limited, to one or more of the following 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 Terms & Conditions 128 Scenic° Scenic Eclipse Terms & Conditions payment of the cost of supplying the services again. 

8.6 Subject to clause 8.1, 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 is provided by a Service Provider, in the event of any dispute or claim including for loss, damage, breach of contract or negligence arising from the conduct of the Service Provider, You must pursue Your claim directly against the relevant Service Provider. 

9. Force Majeure Event 

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

9.2 We may cancel or delay 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.

 9.3 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. 

9.4 If we cancel or delay a Journey in the circumstances described in clause 9.2: 

(a) to the maximum extent permitted by law, Your sole and exclusive rights and remedies will be those set out in clause 5.4 of these Conditions; 

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

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 may also use Your name and the Guest Contact Details for marketing purposes, unless You tell Us that You do not want Us to do so. You may do this by contacting the Customer Service Contact Address. 

10.3 We will otherwise deal with Your Personal Information in accordance with Our privacy policy, which can be found on Our Website or provided on request. 

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. 

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 The Journey Brochure is valid for Journey Departure Dates during 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 Captain, Discovery Team Leader or Cruise Director will have the right to refuse Your participation if the Captain, Discovery Team Leader 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) for safety reasons, passengers in wheelchairs cannot be carried on boarding ramps (which may be steep due to water levels) whilst the vessel is tied up or at anchor, or on to motor coaches, tenders, Discovery experiences including but not limited to Zodiacs, kayaks and submarine; and 

(ii) collapsible walkers may be taken onto tender vessels for transfer to shore for the included Journeying. Walkers are however unable to be taken on the zodiacs at any time due to space restrictions. The walkers will be stored in the guest’s suite – there is no additional storage space on board. 

(iii) guests must be able to walk up/down stairs in the event of an emergency to reach emergency evacuation points. (iv) motorised scooters cannot be used on board

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

(vi) embarking and disembarking the tenders, Zodiacs, kayaks and submarine are via a mud room/change room with steps leading to a marina platform and requires the ability to step into and out of these vessels unaided. 

(c) Our discretion: We may, in Our absolute discretion, decline Your Booking if We are of the view that: (i) We cannot adequately provide for any or all of Your special needs; 

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

(iii) You cannot or will not abide by any reasonable directions of the Captain, Discovery Team Leader 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 cabin 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) Cruise Itinerary: we reserve the right to substitute or cancel scheduled ports of call which, in our sole judgement and discretion, is justified for any reason and to do so without liability for any loss whatsoever to guests as a result of said change(s). 

(e) 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 resulting missed scene or photographic “opportunity”. 

(f) Smoking: Smoking is limited to designated smoking areas during 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. 

(g) 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 vessels, and that We accept no responsibility, and will not be liable to You in relation to any such noise, vibration or odour. 

(h) Medical Services: 

(i) A medical centre is available onboard Scenic Eclipse and will be staffed according to the destination. 

(ii) Due to the large number of passengers on board, We cannot provide a personal escort for medical visits. 

(iii) We are not, and our Service Providers and the Operators are not, liable regarding the provision of any medical care You may require or choose to accept during your Journey. 

(iv) You acknowledge that Antarctica, the Americas, Transatlantic crossings and the Arctic & Fjords regions are remote areas with limited medical facilities available. 

(i) Currency and credit cards 

(i) All purchases on board a charge to Your shipboard account. The on-board currency is the US Dollar. 

(ii) Shipboard accounts may be paid by US Dollar or credit card. 

(j) Wi Fi and Internet Service: Internet facilities are available on board up to a pre-determined limit per suite at no additional charge. Any additional usage will be charged to the guest’s suite. 

(i) Complimentary Internet service does not apply to any third-party suppliers. 

(ii) Internet availability and quality may vary from country to country and can also be affected by technical issues, weather or unfavourable terrain and other factors outside Our control.

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

(k) All-inclusive beverages: If Your Journey includes an all inclusive beverage package, the following provisions apply: 

(i) all standard beverages are included in the Journey Price whilst you are on board Scenic Eclipse. This includes champagne, beer, wine, soft drinks, fruit juices, specialty teas and coffee and standard spirits. It also includes daily replenishment of the suite minibars. 

(ii) Selected items such as a very small number of rare, fine and vintage wines, champagnes and spirits are not included in the package and may be available at an additional charge. 

(iii) Responsible service of alcohol is adhered to by all staff on board of all vessels and We reserve the right to refuse service.

 (iv) The all-inclusive beverages package does not apply to any third-party suppliers, including in the circumstances contemplated in clause 5.7 of these Conditions. 

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 (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. 

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 Our reservations consultant or Your travel agent. 

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

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

(vii) 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 post Journey hotel accommodation and airfares will be provided airport transfers to/from their hotel in the Journey start or end city only, on the day of the pre or post accommodation booking.

 (iii) If You do not book Your flights with Us, You must ensure Your flight details are provided to Us at least 60 days before the 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 VIP transfer are not available in all locations. Please enquire for further details. 

(c) Carriers: The carriers (including air carriers, rail and sea carriers used in association with the Journeys) are not responsible for statements or features in Journey Brochures. The conditions of carriage 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 and only act as agent in arranging services from 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; there are no additional luggage storage facilities available. 

(ii) Airline passengers should consult with their airline as size and weight restrictions 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 carriers 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 Journeys as motorcoach access is not possible. Consequently, a reasonable level of fitness is required as the sightseeing Journey may involve steps and extensive walking over uneven surfaces.

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

(d) Scenic Enrich: 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. 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 can 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 basis. If Your Booking is not a twin share booking We will notify You of the applicable single supplement rate (Single Supplement Rate), and You must pay the Single Supplement Rate for the Journey, at the time of Booking. 

(ii) A limited number of single suites are available at a Single Supplement Rate for each 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 sole 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 the place of the advertised hotel due to hotel availability issues. Any changes will be notified once confirmed with the hotel.

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

14. Contact Details 

14.1 To make, change or cancel a Booking or to make any enquiries regarding a Booking or to otherwise give Us any notice in accordance with the Contract, You should contact Our customer service centre as follows: Email: info@scenic.com.au Telephone: 1300 233 053 Postal: PO Box 807, Newcastle, NSW 2300 Australia This is the Customer Service Contact Address.

14.2 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) (Sydney 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. 

14.3 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 Discovery Leader, 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. 

14.4 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. 

15. Destination Specific Terms 

15.1 We reserve the right to charge a per person fuel supplement in the event that the Brent* Crude oil increases materially any time from date of booking up to and including the day of embarkation. *Brent crude oil prices are published on www.Bloomberg.com.

15.2 Not later than 15 days before the Journey Departure Date, expectant mothers are required to supply a medical certificate establishing their fitness for travel at the time they are due to travel. The certificate must be signed by a medical practitioner, include the estimated delivery date and be dated not earlier than 30 days before the Journey Departure Date In any event, We are unable to accommodate, and will not allow to participate in the Journey, any woman who has entered her twenty-fourth (24th) week of pregnancy prior to the Journey Departure Date, or who will do so at any time during the Journey, and, to the maximum extent permitted by law, will not be responsible or liable for any complication relative to any pregnancy during the entire duration of the Cruise or thereafter. Additionally, airlines may have restrictions that may differ from Ours. Please contact your travel professional or airline for details. 

15.3 Unscheduled Embarkation / Disembarkation: International cabotage laws may prohibit guests from embarking or disembarking their voyage in any port except the main scheduled embarkation and disembarkation ports. Only those guests with a medical emergency may be allowed to embark or disembark the Cruise Vessel at an unscheduled embark / disembark port. If an unscheduled embarkation or disembarkation is permitted as a result of an emergency, those guests may incur additional charges intended to cover any fine or penalty levied against Scenic and any other additional costs. Such additional costs will be added to the guests’ on board account prior to disembarking. 

15.4 We strongly recommend that You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Cruise/Journey including cover for loss of luggage, medical expenses, costs and expenses incurred due to cancellations, delays or other disruptions or medical evacuation in remote areas. 

15.5 You must complete a mandatory medical questionnaire (to be provided 90 days prior to departure) between 90 and 60 days prior to the Journey Departure Date and must be returned to Scenic not later than 60 days prior to the Journey Departure Date. Any medical certificate issued earlier than 90 days before the Journey Departure date will not be accepted. Any guest who has not completed and returned their medical certificate will not be cleared for embarkation and will not benefit from any refund. 

15.6 Service Animals: Due to the sensitive environments and regulatory regulations of the region travelled to, we are unable to accept service animals on the Cruise. 

15.7 Antarctica, the Americas, Transatlantic crossings, Arctic & Fjords, Oceania including the Kimberley Coastline, Indonesia, Polynesia, South Pacific and other remote Regions: 

(a) Highlights and wildlife encounters as outlined in the Itinerary are possible experiences only and cannot be guaranteed. Your Captain, Discovery Team Leader or Cruise Director will determine opportunities for exploration taking into account the prevailing weather, wildlife activity and ice conditions. 

(b) Laundry and internet facilities may be limited whilst cruising in these regions.

 (c) Complimentary Polar Parka and special Polar boot use is included for all Cruises to Antarctica, South Georgia and the Arctic & Fjords. 

(d) As a condition of travelling to Antarctica or Arctic & Fjords, Oceania including the Kimberley Coastline, Indonesia, Polynesia, South Pacific on a Journey, you must provide to us, at least 10 days before the Journey Departure Date:

 (i) evidence that You hold comprehensive insurance, including medical evacuation coverage; or 

(ii) evidence that You have access to available funds of not less than $150,000 USD; or 

(iii) a bond or other security, satisfactory to Us, in Our absolute discretion, to cover the cost of medical evacuation in the event of a medical emergency 

15.8 Discovery Experiences: a reasonable level of mobility is required to participate in most discovery experiences. Specific discovery experiences will be advised on full release. Discovery experiences including Zodiac, kayak, helicopter, e-bikes, submarine and scuba diving are subject to regulatory approval and prevailing weather, marine and ice conditions and may be cancelled at short notice. We cannot guarantee their availability, even if you have made an on-board booking. Discovery experiences can be booked whilst on Cruise with Your Cruise Director or Discovery Team Leader (unless otherwise stated) and are subject to availability, seasonal and operational factors. Some activities require a minimum and maximum number of participants to operate. We reserve the right to terminate, Your participation in a discovery experience if the Cruise Director, Tour Director or Discovery Team Leader reasonably considers that your continued participation poses a risk to the health or safety of You or any other person or You refuse to comply with all reasonable directions of the Cruise Director, Tour Director or Discovery Team Leader or any guide or operator conducting the experience. 

15.9 Videography and Photography: 

(a) We may capture photographs and video footage throughout the Journey for the purposes of compiling a video which features some of the highlights and activities of the Journey (Journey Video). Although We will use reasonable endeavours to ensure that the photographs and video footage captured are general in nature and do not focus on any specific individual, You acknowledge that We may capture photographs and video footage of You throughout the Journey. 

(b) Subject to clause 14.8(c), the Journey Video will be prepared and made available online to You and all other passengers following the Journey. The Journey Video will be provided to You for personal use only and You must not use it for any commercial or unlawful purpose. 

(c) We may decline to produce, or make available to You, a Journey Video in Our absolute discretion. 

(d) You acknowledge and agree that, despite clause 15.8(b) of these Conditions, Scenic has no ability to restrict or control the further publication or distribution of the Journey Video by other passengers. 

(e) If You do not wish to appear in the Journey Video, You must inform Us at the commencement of the Journey by completing and returning to reception on the Cruise Vessel an ‘opt-out’ form, in which case we will use reasonable endeavours to ensure you do not appear, or are not able to be identified, in the Journey Video. 

(f) You acknowledge and agree that We may use the Journey Video (and any still images from it) for marketing, training and promotional purposes and you waive any right to claim any payment or other compensation for such use.

1. Contract

1.1 These terms and conditions (“Conditions”) form the basis of the contract between You and Scenic Tours Pty Limited (“Scenic”, “We”, “Us” or “Our”) (“Contract”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. Your Contract may also include additional terms and conditions applicable to a special offer or promotion, and/or, depending on your Journey, Destination Specific Terms.
1.2 You confirm Your understanding and acceptance of the Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of the price of Your Journey. If you do not understand and accept the 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.
1.3 If You make a Booking on behalf of any other person, You represent to Us that You have their authority to make the Booking on their behalf and to legally bind them to the terms of the Contract, including the Conditions. Each reference to “You”, “Your”, “Guest” or “Passenger” means the person who makes the Booking and each other person covered by the Booking.
1.4 Your Itinerary does not form part of the Contract.
1.5 We may amend these Conditions from time to time. If We amend the Conditions, We will publish the amended version on Our Website. We will also provide the current version of the Conditions to You upon request. You will be bound by the current version of the Conditions at the time You make Your Booking.
1.6 If Your Journey includes a Cruise, Your transportation on any river cruise or ocean 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. The Cruise Conditions will be provided with Your cruising ticket, which will be provided to You before Your Cruise. Where the Cruise is on board Scenic Eclipse, the Scenic Cruise Passenger Ticket Terms and Conditions are hereby incorporated into and form part of these Terms & Conditions as if fully set out herein.
1.7 For other elected activities, the terms and conditions of the operator or service provider will apply. A copy of these separate terms and conditions can be requested by contacting our customer service team at the Customer Service Contact Address and may also be available to view on Our Website. Such terms and conditions (including but not limited to Helicopter Passenger Ticket Terms & Conditions) and a General Waiver are incorporated into and form part of these Conditions.
1.8 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.

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 You before You make 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 and includes the Scenic Eclipse fleet.
(g) “Customer Service Contact Address” means the details for contacting Us set out in clause 13.1 of the Conditions.
(h) “Deposit Protection Plan” means Our deposit protection plan as set out on Our Website and referred to in clause 12.6.
(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 15 of these Conditions.
(j) “Discovery Team Leader” means any person designated by Us as the Discovery Team Leader for any Cruise forming part of Your Itinerary
(k) “Drone” means an unmanned aerial vehicle or UAV, being an aircraft of any size that operates without a pilot on board.
(l) ““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 or pandemics, 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 Australian States or Territory, or other disruption to the Journey beyond Our control.
(m) “Future Travel Credit” means a credit Issued by Us to You if We cancel Your Booking as a result of the occurrence of a Force Majeure Event under clause 5.4 of these Conditions which may be redeemed against a future booking in accordance with clause 5.4(c).
(n) “General Waiver” means the general waiver available at Our Website.
(o) “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 14.1 of these Conditions.
(p) “Helicopter Passenger Terms and Conditions” means the helicopter passenger terms and conditions available on Our Website.
(q) “Itinerary” means the Itinerary for Your Journey issued by Us, subject to any amendments made by Us from time to time in accordance with the Contract.
(r) “Operator” means the owner or operator of a river cruise vessel, who is a separate legal entity and business, whether or not related to Us.
(s) “Operator Conditions” means the Operator’s conditions of carriage for a Cruise vessel, which are available on our Website and otherwise on request to Us.
(t) “Personal Information” means information about You and any other person for whom You make a Booking, including Your name, address, phone number and other contact details, details of Your next of kin, Your passport number, credit or debit card details, and information about Your health, medical needs, dietary requirements and any disabilities or other special requirements.
(u) “Service Provider” means any independent contractor engaged by Us to provide a Journey or any part of a Journey, and includes an Operator.
(v) “Journey” means a Journey or journey package offered or provided by Us.
(w) “Journey Brochure” means the brochure for Your Journey published by Us in hard copy or electronically and includes any amendments notified on Our Website from time to time.
(x) “Journey Departure Date” means the scheduled departure date for the Journey set out in Your Itinerary.
(y) “Tour Director” means any person designated by Us as the Tour Director for Your Journey.
(z) “Journey Price” means the total amount payable by You for the Journey. It includes the Booking Deposit.
(aa) “Validity Period” means in respect of a Journey Brochure, the validity period stated in that brochure.
(bb) “Website” means Scenic’s website at www.scenicnz.com.
(cc) “Your Journey” means the Journey You have booked with Us, as outlined in Your Itinerary

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 120 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 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 Deposit Protection 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 120 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 24 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 120 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 at Our absolute discretion and if We accept, You must pay a change fee to Us for each change in accordance with clause 4.7(b) of these Conditions and any additional costs resulting from the change. Additional costs may include additional overnight accommodation required as a result of any change to Your flights.
3.11 You may cancel a Booking by sending Us written notice of cancellation at the Customer Service Contact Address. If You cancel a Booking You will be liable to pay a cancellation fee in accordance with clause 4.8 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, Discovery Leader (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; and where stated in Your Itinerary; port charges; all gratuities and tipping; 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 and associated fees, charges and taxes; additional optional activities; accommodation upgrades; meals not specified in Your Itinerary; drinks; laundry; passport fees; visas; vaccinations; medical assistance; medical services on board Scenic Eclipse; Spa and beauty treatments in the Spa Sanctuary; government taxes and charges (excluding GST); or any items or expenses of a personal nature. All helicopter, submarine and scuba diving experiences are an additional cost.
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 We determine were erroneous due to printing, electronic, or clerical error. If You make a Booking based on erroneous pricing, We will offer You the option of cancelling the Booking and receiving a refund of any amount paid by You or confirming the Booking by paying the difference between the erroneous price and the correct price, as determined by Us.
4.7 The following Fees are payable in addition to the Journey Price:
(a) If You book 21 days or less before the Journey Departure Date, You must pay a late booking fee of $50.00 per Booking.
(b) If You change Your Booking, other than by varying the 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 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  Cancellation charge
to Journey:  (per journey commencement)
120 days and over  Loss of deposit
119 to 91 days  50% of Journey Price
90 days and less  100% of Journey Price

You may also be liable to pay cancellation fees to air carriers and other third parties.4.9 If using a Future Travel credit and You cancel Your Journey for any reason prior to 91 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable to a cancellation charge of 100% of the Journey Price held as a Future Travel Credit, regardless of when you notify us. If the Future Travel Credit is not utilised within 24 months of the date of cancellation, the full amount will be forfeited. You may also be liable to pay cancellation fees to airlines and other third parties.
4.10 If using a Future Travel credit and You cancel Your Journey for any reason within 90 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable to a cancellation charge of 100% of the Journey Price, regardless of when you notify us. You may also be liable to pay cancellation fees to airlines and other third parties.
4.11 We may vary Your Journey Price at any time before Your Departure Date to the extent necessary to meet any increase in the Journey costs for reasons outside Our control, including airfares, fuel, government taxes and charges, exchange rate fluctuations or other Journey related costs or tariffs. We will notify You of any such variation using the Guest Contact Details.
4.12 You are responsible for and must pay for all costs and expenses incurred by You as a result of any change made by You to Your Itinerary after Your Journey Departure Date. This includes changes due to illness or other personal reasons.

5. Cancellation, delays and changes to Your Itinerary

5.1 Although we reserve the right to cancel, delay or alter a Cruise for operational reasons, we will generally not cancel or consolidate a Cruise due to lack of passenger numbers. However, if minimum passenger numbers are not met, we reserve the right to limit the facilities, amenities and activities available on the Cruise Vessel.
5.2 We will use reasonable endeavours to make any decision to cancel or delay a Journey or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Journey Departure Date.
5.3 If We cancel or delay the departure of a Journey by 7 days or more, for whatever reason, before departure for any reason other than as a result of the occurrence of a Force Majeure Event:
(a) We will use reasonable endeavours to offer You the closest available Journey or Cruise departure. If the proposed alternative Journey or Cruise is:
(i) cheaper than Your original Journey Price, We will refund the difference to You; or
(ii) more expensive than Your original Journey Price, You must pay the difference to Us;
(b) if You accept the proposed alternative Journey or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
(c) if You do not accept the proposed alternative Journey or Cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, refund to You all monies paid directly to Us and will have no further liability to You; and
(d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares or other arrangements booked independently through or paid to a travel agent.
5.4 If, as a result of the occurrence of a Force Majeure Event, We;
(a) cancel or delay the departure of a Journey We will:
(i) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value of all monies You have paid directly to Us for the cancelled Booking; and
(iii) not refund any amounts You have paid directly to Us for the cancelled Booking; and
(b) cancel a Journey after commencement We will:
(i) cancel Your Booking and terminate the Contract; and
(ii) not refund any amounts You have paid directly to Us for the cancelled Booking;
(c) if We issue a Future Travel Credit to You:
(i) 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;
(ii) 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 Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours).
(iii) 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 Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours).
(iv) 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;
(v) its use for any future booking Is subject to availability;
(vi) It cannot be applied against stand-alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary
(vii) It Is not redeemable in whole or in part for cash and will expire to the extent It Is not used; and
(viii) 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.5.5 We will use reasonable endeavours to provide the Journey You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the Journey or Your Itinerary, before or
after the commencement of the Journey. Where, due to circumstances outside the Operator’s control, We are unable to provide the Journey in accordance with Your Itinerary, We will use reasonable endeavours to:
(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
(b) provide or arrange appropriate alternative activities, transport and accommodation as required.
5.6 The circumstances in which Your Itinerary or the Journey may be altered include:
(a) tidal waters or high or low water levels in any ocean or sea, river, canal, bay, cove or port;
(b) port closures or port restrictions due to weather or other operational reasons
(c) lock closures, unscheduled vessel maintenance or other operational reasons;
(d) road, river, ice or weather conditions;
(e) national or local holidays affecting the closure of public buildings or attractions;
(f) Force Majeure Events;
(g) emergency events, accidents, injuries or other incidents involving You or other passengers; and
(h) any other event beyond Our control.
5.7 Alterations to Your Itinerary or the Journey may include:
(a) substitution of vessels for part or the whole of a Journey;
(b) cabin changes on a vessel;
(c) substitution of another port or anchor location;
(d) additional embarkations and disembarkations;
(e) substitution of alternate transportation, including the use of motor coaches;
(f) substitution of hotel accommodation for accommodation on a vessel;
(g) alterations to arrival and departure times;
(h) alterations to sightseeing activities; and
(i) reductions or increases in the time spent at a location.
5.8 If We or the Operator substitute any vessel, motor coach or accommodation under this clause 5, We or they will use reasonable endeavours to provide You with a substitution of equivalent specification or quality, but some services and facilities may not be available for all substitute arrangements.
5.9 Any changes to Your Itinerary will be notified to You:
(a) if prior to Your Journey Departure Date, by phone, email or post using the Guest Contact Details or via Your travel agent; or
(b) if during Your Journey, personally by Your Cruise Director or Tour Director.
5.10 To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause 5, including without limitation any:
(a) claim for distress, disappointment or loss of enjoyment arising from the alteration;
(b) additional personal expenses incurred by You, including for food, beverages and personal items; or
(c) costs associated with any other travel arrangements affected by the changes, including any costs and expenses incurred by You for cancelling or changing those other arrangements or arising from a failure to meet a connection.

6. Your Journey obligations

6.1 For the comfort and safety of You and Your fellow passengers and other people, You must follow the Captain, Discovery Team Leader and Cruise Director’s instructions at all times.
6.2 If We, the Captain, Discovery Team Leader or Cruise Director or Our staff or any Service Provider consider You are negatively affecting Your own health, safety or enjoyment, or that of other passengers, including by refusing to comply with instructions of the Captain, Discovery Team Leader 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 Captain, Discovery Team Leader 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.
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 all or any portion of the Journey Price; and
(b) You will be responsible for any costs You incur as a result of Your failure to obtain the required Documentation, including any costs associated with re-joining the 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. In the first instance You should raise Your 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.
7. Notification of General Risks
7.1 You acknowledge and agree that there are general risks associated with travelling, which are beyond Our control and We are not liable to You for any loss, cost or damage You may incur as a result of these general risks. Such general risks include:
(a) Journey variations or interruptions caused by road, river, ocean or sea, ice or weather conditions; national or local holidays affecting the closure of public buildings and attractions; Force Majeure Events; tidal water levels, high water levels; low water levels; flooding; unfavourable ice, or weather conditions; port or lock closures; unscheduled vessel or vehicle maintenance; or any unforeseen events or emergency situations
(b) changes to the Journey and Your Itinerary in the circumstances described in clause 5.6 of these Conditions;
(c) forces of nature; illness; flight schedule changes or cancellations; loss of luggage; epidemics or pandemics; political unrest; accidents; acts of terrorism or other criminal acts; changes to government visa or travel requirements; or
(d) other circumstances beyond Our control.
7.2 You must make Your own enquiries regarding Your Journey, including being aware of any relevant government travel safety warnings.

8. Liability

8.1 Nothing in these Conditions or the Contract operates to exclude, restrict or modify the application of any provision of the 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.
8.2 You acknowledge and agree that We accept no responsibility and will not be liable to You (or any third party) for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with:
(a) any Journey risks or other aspects of the Journey disclosed to You in the Contract;
(b) any change to Your Itinerary or delays in departure or arrival times of aircraft, vessels or otherwise during the conduct of the 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 beyond Our control.
8.3 Subject to clause 8.1, but despite any other provision of the Contract, and to the extent permitted by law, Our maximum liability to You or any third party (including any claims of negligence by Us) is limited to the Journey Price You have paid to Us.
8.4 To the maximum extent permitted by law and subject to clause 8.1, 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.
8.5 To the extent permitted by law, all express or implied warranties, guarantees, representations, or terms are expressly excluded. Where the law implies any guarantee, condition or warranty which cannot be excluded, Our liability to You for breach of such an implied guarantee, condition or warranty is limited, to one or more of the following 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.
8.6 Subject to clause 8.1, 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 is provided by a Service Provider, in the event of any dispute or claim including for loss, damage, breach of contract or negligence arising from the conduct of the Service Provider, You must pursue Your claim directly against the relevant Service Provider.

9. Force Majeure Event

9.1 If the performance of Our or a Service Provider’s obligations is prevented, delayed or materially affected by the occurrence of a Force Majeure Event, those obligations are suspended for the duration of the Force Majeure Event.
9.2 We may cancel or delay 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.
9.3 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.
9.4 If we cancel or delay a Journey in the circumstances described in clause 9.2:
(a) to the maximum extent permitted by law, Your sole and exclusive rights and remedies will be those set out in clause 5.4 of these Conditions;
(b) You acknowledge and agree that We are not otherwise liable for any delay or failure by Us or a Service Provider to perform Our obligations under the Contract, resulting from or as a consequence of the Force Majeure Event.

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 may also use Your name and the Guest Contact Details for marketing purposes, unless You tell Us that You do not want Us to do so. You may do this by contacting the Customer Service Contact Address.
10.3 We will otherwise deal with Your Personal Information in accordance with Our privacy policy, which can be found on Our Website or provided on request.

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.
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 The Journey Brochure is valid for Journey Departure Dates during 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 Captain, Discovery Team Leader or Cruise Director will have the right to refuse Your participation if the Captain, Discovery Team Leader 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) for safety reasons, passengers in wheelchairs cannot be carried on boarding ramps (which may be steep due to water levels) whilst the vessel is tied up or at anchor, or on to motor coaches, tenders, Discovery experiences including but not limited to Zodiacs, kayaks and submarine; and
(ii) collapsible walkers may be taken onto tender vessels for transfer to shore for the included Journeying. Walkers are however unable to be taken on the zodiacs at any time due to space restrictions. The walkers will be stored in the guest’s suite – there is no additional storage space on board.
(iii) guests must be able to walk up/down stairs in the event of an emergency to reach emergency evacuation points.
(iv) motorised scooters cannot be used on board
(v) wheelchairs and walkers can be carried in the luggage compartment of motorcoaches subject to space limitations.
(vi) embarking and disembarking the tenders, Zodiacs, kayaks and submarine are via a mud room/change room with steps leading to a marina platform and requires the ability to step into and out of these vessels unaided.
(c) Our discretion: We may, in Our absolute discretion, decline Your Booking if We are of the view that:
(i) We cannot adequately provide for any or all of Your special needs;
(ii) Your health, safety or enjoyment, or that of any other passengers attending the Journey may be at risk; or
(iii) You cannot or will not abide by any reasonable directions of the Captain, Discovery Team Leader 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 cabin 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) Cruise Itinerary: we reserve the right to substitute or cancel scheduled ports of call which, in our sole judgement and discretion, is justified for any reason and to do so without liability for any loss whatsoever to guests as a result of said change(s).
(e) 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 resulting missed scene or photographic “opportunity”.
(f) Smoking: Smoking is limited to designated smoking areas during 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.
(g) 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 vessels, and that We accept no responsibility, and will not be liable to You in relation to any such noise, vibration or odour.
(h) Medical Services:
(i) A medical centre is available onboard Scenic Eclipse and will be staffed according to the destination.
(ii) Due to the large number of passengers on board, We cannot provide a personal escort for medical visits.
(iii) We are not, and our Service Providers and the Operators are not, liable regarding the provision of any medical care You may require or choose to accept during your Journey.
(iv) You acknowledge that Antarctica, the Americas, Transatlantic crossings and the Arctic & Fjords regions are remote areas with limited medical facilities available.
(i) Currency and credit cards
(i) All purchases on board a charge to Your shipboard account. The on-board currency is the US Dollar.
(ii) Shipboard accounts may be paid by US Dollar or credit card.
(j) Wi Fi and Internet Service: Internet facilities are available on board up to a pre-determined limit per suite at no additional charge. Any additional usage will be charged to the guest’s suite.
(i) Complimentary Internet service does not apply to any third-party suppliers.
(ii) Internet availability and quality may vary from country to country and can also be affected by technical issues, weather or unfavourable terrain and other factors outside Our control.
(iii) We do not guarantee the availability or quality of Internet connections or services.
(k) All-inclusive beverages: If Your Journey includes an all-inclusive beverage package, the following provisions apply:
(i) all standard beverages are included in the Journey Price whilst you are on board Scenic Eclipse. This includes champagne, beer, wine, soft drinks, fruit juices, specialty teas and coffee and standard spirits. It also includes daily replenishment of the suite minibars.
(ii) Selected items such as a very small number of rare, fine and vintage wines, champagnes and spirits are not included in the package and may be available at an additional charge.
(iii) Responsible service of alcohol is adhered to by all staff on board of all vessels and We reserve the right to refuse service.
(iv) The all-inclusive beverages package does not apply to any third-party suppliers, including in the circumstances contemplated in clause 5.7 of these Conditions.
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 (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.

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 Our reservations consultant or Your travel agent.
(iv) Airfares booked as part of Your Journey will be through an appropriate route although may not be a direct flight; some included flights are unescorted. If You request a customised route or direct flight You will be responsible for all additional costs.
(v) 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 are defined as all airline and government taxes and surcharges. Taxes are subject to change and will be advised at the time of flight reservation.
(vii) 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 post Journey hotel accommodation and airfares will be provided airport transfers to/from their hotel in the Journey start or end city only, on the day of the pre or post accommodation booking.
(iii) If You do not book Your flights with Us, You must ensure Your flight details are provided to Us at least 60 days before the 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 VIP transfer are not available in all locations. Please enquire for further details.
(c) Carriers: The carriers (including air carriers, rail and sea carriers used in association with the Journeys) are not responsible for statements or features in Journey Brochures. The conditions of carriage 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 and only act as agent in arranging services from 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; there are no additional luggage storage facilities available.
(ii) Airline passengers should consult with their airline as size and weight restrictions 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 carriers 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 Journeys as motorcoach access is not possible. Consequently, a reasonable level of fitness is required as the sightseeing Journey may involve steps and extensive walking over uneven surfaces.
(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: All Scenic Freechoice activities and Scenic Freechoice Dining can be booked whilst on Journey with Your Cruise Director or Tour Director (unless otherwise stated) and are subject to availability, seasonal and operational factors. Some activities require a minimum or maximum number of participants to operate.
(d) Scenic Enrich: 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.
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 can 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 basis. If Your Booking is not a twin share booking We will notify You of the applicable single supplement rate (Single Supplement Rate), and You must pay the Single Supplement Rate for the Journey, at the time of Booking.
(ii) A limited number of single suites are available at a Single Supplement Rate for each 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 sole 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 the place of the advertised hotel due to hotel availability issues. Any changes will be notified once confirmed with the hotel.
(b) Responsibility: Although We have taken reasonable steps to secure the most suitable hotel accommodation in the area of the 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 has been introduced for your complete peace of mind. We understand you may need to adjust your plans, so we’re offering the flexibility to change your travel arrangements or re-book for a more suitable time if needed.
Our Flexible Booking Plan allows you to defer your booking to an alternative date, or cancel your journey, up to 90 day prior to departure, less third-party fees. We will provide you with a Future Travel Credit to use on an alternate tour/cruise, which is valid for 24 months.
13.7 Platinum protection Plan
The Platinum Protection Plan (“PPP”) is available for new river and ocean cruising bookings for travel after 1 January 2022 for Scenic and Emerald Cruises (“Eligible Booking”). By adding this plan, you are covered if you unable to travel due to health reasons, or your travel plans are impacted by COVID-19, up to 31 days prior to departure with a 100% refund (less airline cancellation fees and PPP cost), or a 70% refund between 15 and 30 days prior to departure (less PPP cost).
The PPP must be purchased together with the Eligible Booking at time such booking is made and may not be added at a later date. The PPP is provided at a cost of $395 per person per river cruise, $495 per person per cruise on Emerald Cruises yacht cruising and $595 per person per cruise on Scenic Eclipse voyages (“PPP Fee”).
The PPP is not available on Oberammergau, Amazon and Galapagos cruises or land tours and the PPP is also not available to new bookings using a Future Travel Credit.

14. Contact Details

14.1 To make, change or cancel a Booking or to make any enquiries regarding a Booking or to otherwise give Us any notice in accordance with the Contract, You should contact Our customer service centre as follows:
Email: info@scenicnz.com
Telephone: 0800 135 021
Postal: PO Box 807, Newcastle, NSW 2300 Australia
This is the Customer Service Contact Address.
14.2 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) (Sydney 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.
14.3 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 Discovery Leader, 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.
14.4 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.

15. Destination Specific Terms

15.1 We reserve the right to charge a per person fuel supplement in the event that the Brent* Crude oil increases materially any time after 28 February 2019 up to and including the day of embarkation. *Brent crude oil prices are published on www.Bloomberg.com.
15.2 Not later than 15 days before the Journey Departure Date, expectant mothers are required to supply a medical certificate establishing their fitness for travel at the time they are due to travel. The certificate must be signed by a medical practitioner, include the estimated delivery date and be dated not earlier than 30 days before the Journey Departure Date In any event, We are unable to accommodate, and will not allow to participate in the Journey, any woman who has entered her twenty-fourth (24th) week of pregnancy prior to the Journey Departure Date, or who will do so at any time during the Journey, and, to the maximum extent permitted by law, will not be responsible or liable for any complication relative to any pregnancy during the entire duration of the Cruise or thereafter. Additionally, airlines may have restrictions that may differ from Ours. Please contact your travel professional or airline for details.
15.3 Unscheduled Embarkation / Disembarkation: International cabotage laws may prohibit guests from embarking or disembarking their voyage in any port except the main scheduled embarkation and disembarkation ports. Only those guests with a medical emergency may be allowed to embark or disembark the Cruise Vessel at an unscheduled embark / disembark port. If an unscheduled embarkation or disembarkation is permitted as a result of an emergency, those guests may incur additional charges intended to cover any fine or penalty levied against Scenic and any other additional costs. Such additional costs will be added to the guests’ on board account prior to disembarking.
15.4 We strongly recommend that You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Cruise/Journey including cover for loss of luggage, medical expenses, costs and expenses incurred due to cancellations, delays or other disruptions or medical evacuation in remote areas.
15.5 You must complete a mandatory medical questionnaire (to be provided 90 days prior to departure) between 90 and 60 days prior to the Journey Departure Date and must be returned to Scenic not later than 60 days prior to the Journey Departure Date. Any medical certificate issued earlier than 90 days before the Journey Departure date will not be accepted. Any guest who has not completed and returned their medical certificate will not be cleared for embarkation and will not benefit from any refund.
15.6 Service Animals: Due to the sensitive environments and regulatory regulations of the region travelled to, we are unable to accept service animals on the Cruise.
15.7 Antarctica, the Americas, Transatlantic crossings, Arctic & Fjords and other remote Regions:
(a) Highlights and wildlife encounters as outlined in the Itinerary are possible experiences only and cannot be guaranteed. Your Captain, Discovery Team Leader or Cruise Director will determine opportunities for exploration taking into account the prevailing weather, wildlife activity and ice conditions.
(b) Laundry and internet facilities may be limited whilst cruising in these regions.
(c) Complimentary Polar Parka and special Polar boot use is included for all Cruises to Antarctica, South Georgia and the Arctic & Fjords.
(d) As a condition of travelling to Antarctica or Arctic & Fjords on a Journey, you must provide to Us, at least 10 days before the Journey Departure Date:
(i) evidence that You hold comprehensive insurance, including medical evacuation coverage; or
(ii) evidence that You have access to available funds of not less than $150,000 USD; or
(iii) a bond or other security, satisfactory to Us, in Our absolute discretion, to cover the cost of medical evacuation in the event of a medical emergency
(c) If a charter flight from any starting point to the point of embarkation for the ship voyage is delayed due to adverse weather conditions, Scenic Cruises and Tours will attempt, for a period of up to 72 hours from the proposed departure time of the charter flight, to arrange a later charter flight. We will attempt to do so at no extra charge to you, but if an additional charge does apply, you will be liable to pay that additional charge.
15.8 Discovery Experiences: a reasonable level of mobility is required to participate in most discovery experiences. Specific discovery experiences will be advised on full release. Discovery experiences including Zodiac, kayak, helicopter, e-bikes, submarine and snorkeling are subject to regulatory approval and prevailing weather, marine and ice conditions and may be cancelled at short notice. We cannot guarantee their availability, even if you have made an on-board booking. Discovery experiences can be booked whilst on Cruise with Your Cruise Director or Discovery Team Leader (unless otherwise stated) and are subject to availability, seasonal and operational factors. Some activities require a minimum and maximum number of participants to operate. We reserve the right to terminate, Your participation in a discovery experience if the Cruise Director, Tour Director or Discovery Team Leader reasonably considers that your continued participation poses a risk to the health or safety of You or any other person or You refuse to comply with all reasonable directions of the Cruise Director, Tour Director or Discovery Team Leader or any guide or operator conducting the experience.
15.9 Videography and Photography:
(a) We may capture photographs and video footage throughout the Journey for the purposes of compiling a video which features some of the highlights and activities of the Journey (Journey Video). Although We will use reasonable endeavours to ensure that the photographs and video footage captured are general in nature and do not focus on any specific individual, You acknowledge that We may capture photographs and video footage of You throughout the Journey.
(b) Subject to clause 14.8(c), the Journey Video will be prepared and made available online to You and all other passengers following the Journey. The Journey Video will be provided to You for personal use only and You must not use it for any commercial or unlawful purpose.
(c) We may decline to produce, or make available to You, a Journey Video in Our absolute discretion.
(d) You acknowledge and agree that, despite clause 15.8(b) of these Conditions, Scenic has no ability to restrict or control the further publication or distribution of the Journey Video by other passengers.
(e) If You do not wish to appear in the Journey Video, You must inform Us at the commencement of the Journey by completing and returning to reception on the Cruise Vessel an ‘opt-out’ form, in which case we will use reasonable endeavours to ensure you do not appear, or are not able to be identified, in the Journey Video.
(f) You acknowledge and agree that We may use the Journey Video (and any still images from it) for marketing, training and promotional purposes and you waive any right to claim any payment or other compensation for such use.

16 Earlybird Condition

16.1 All prices stated are per guest based on double occupancy and are inclusive of cruise fare, taxes, fees & port expenses. Fares are in Australian dollars.
16.2 All savings amounts are included in the fares shown. All offers are capacity controlled and may be modified or withdrawn at any time without prior notice. Other restrictions may apply. Scenic reserves the right to correct errors.
16.3 Earlybird (EB) and Super Earlybird (SEB) Offers: Strictly limited suites available on select departures and suite categories, subject to availability and until sold out. Offers and discounts are non-transferable, non-refundable and cannot be redeemed for cash or future travel credits. Offers are valid for new bookings only, cannot be combined with any other offer, is subject to availability and may be withdrawn at any time.
16.4 Earlybird Offers are available until sold out or withdrawn. Strictly limited suites available on set departures and is subject to availability.
16.4 (a)Save up to $22,000 per person is based on 101R and 401R in GP,P,OP,OT suites. Verandah suites, Deluxe Verandah Suites and Grand Deluxe Suites, as well as Spa suites will have a lesser discount. See our website for full offer terms and conditions.
16.5Super Earlybird Offer: For departures up until October 2024 full payment is due within 30 days of booking. Offer available until sold out or withdrawn. Once sold out or if full payment is not received the standard Earlybird offer or best available offer will apply.
16.5 (a)Save up to $10,000 and Business Class Flights Included Offer is based on 311S in GP,P,OP,OT suites. Verandah suites, Deluxe Verandah Suites and Grand Deluxe Suites, as well as Spa suites will have a lesser discount, with Economy Flights included offer. See our website for full offer terms and conditions.
16.6 All flights offers are based on departures from Australia and are subject to availability. Offers are with an airline of our choice and in a particular class of our choice. If that airline/class is not available, a surcharge may apply. Flights must be booked by Scenic. All airfare deals are subject to availability and scheduled for travel to meet the brochured journey departure dates. Any requests outside if the journey dates may incur seasonal charges as enforced by the airline. If you do not wish to book flights through Scenic, an alternative Air Credit is available.
16.7 For full terms and conditions of each offer, please refer to scenic.com.au/terms-and-conditions.

IMPORTANT NOTICE

THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO THE CONTRACT OF CARRIAGE (HEREINAFTER “CONDITIONS”) BETWEEN YOU AS THE PASSENGER AND AVIATION SPECIALTIES UNLIMITED, Inc., C110431, an Idaho USA corporation having its registered office at 4632 Aeronca Street Boise, ID 83705 USA (HEREINAFTER "CARRIER" ) WITH RESPECT TO THE CARRIAGE.

THE LIABILITY OF CARRIER TOWARDS PASSENGER IS LIMITED BY OPERATION OF LAW AND BY OPERATION OF THESE TERMS AND CONDITIONS. SECTIONS 7, 8, 9, 10 AND 13 OF THESE TERMS AND CONDITIONS CONTAIN CERTAIN LIMITATIONS OF THE CARRIER'S AND THIRD PARTIES' LIABILITY, INCLUDING LIMITATIONS CONCERNING DEATH OR INJURY CLAIMS, AS WELL AS DAMAGE CLAIMS RELATING TO BAGGAGE AND PERSONAL PROPERTY. TRAVEL INSURANCE IS RECOMMENDED.

THE RIGHTS, EXCLUSIONS AND LIMITATIONS OF LIABILITY AS WELL AS THE DEFENCES OR IMMUNITIES OF THE CARRIER SET FORTH IN THESE TERMS AND CONDITIONS, SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF IT AND ITS RELATED BODIES CORPORATE, PERMITTED ASSIGNS, AFFILIATES, SHAREHOLDERS, SUBCONTRACTORS AND AGENTS AND EACH OF THEIR OFFICERS AND EMPLOYEES.

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

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

CONDITIONS APPLICABLE TO THE CONTRACT

1. DEFINITIONS:

“Aircraft” means any aircraft, including but not limited to a helicopter, for the time being operated in connection with a flight.

“Applicable Laws” means all applicable laws, regulations, rules, orders, ordinances, treaties, Conventions, judgments, decrees, injunctions, writs of any court, arbitrator or Government Entity (including authorisations, licences, permits, consents and approvals issued by a Government Entity or the Aviation Authority) that apply to the Carriage.

“Aviation Authority” means any regulatory or Government Entity that has authority over the Aircraft.

"Baggage" means personal property accompanying the Passenger on their trip. “Carrier” means AVIATION SPECIALTIES UNLIMITED, Inc., C110431, an Idaho, USA corporation having its registered office at 4632 Aeronca Street Boise, ID 83705 USA “Carriage” means carriage by air whether gratuitously or for reward.

"Conditions" means these Helicopter Passenger Ticket Terms and Conditions.

"Conventions" means whichever of the following applies:

• The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, Poland, on October 12, 1929 (the “Warsaw Convention”);
• The Warsaw Convention as amended by the Protocol signed at The Hague, Netherlands, on September 28, 1955;
• The Warsaw Convention as amended at The Hague and by Additional Protocol No 1, 2, or 4 of Montreal (1975);
• the Montreal Convention on the Unification of Certain Rules for International Carriage signed in Montreal on 28 May 1999 (the “Montreal Convention”);
• the Guadalajara Supplementary Convention (1961); and
• any other applicable protocols or conventions.

"Dangerous Goods" means any goods of a dangerous, volatile, explosive or hazardous nature whether the Passenger is aware of the dangerous or hazardous nature of the goods or not, and includes, without limitation, goods forbidden, limited or restricted from time to time by Applicable Laws.

“Force Majeure Event” means the occurrence of an event that is beyond the reasonable control of the party affected by the event, and includes a material change to Applicable Laws, an Act of God, strikes, lockouts and other industrial disturbances, war (declared or undeclared), sabotage, terrorism, blockade, revolution, riots, insurrections, civil disturbances, epidemics, cyclones, tidal waves, landslides, lightning, earthquakes, floods, storm, fire, explosions, embargoes, cancellation of contract of carriage by a charterer, failure by third parties to provide goods and services and an inability to obtain or delay in obtaining Government Entity approvals, permits or authorisations (provided that the party affected is not in default of its obligations or the requirements in respect of such approvals, permits or authorisations).

“Government Entity” means any governmental, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, department, commission, authority, tribunal, agency or entity.

"Passenger" means every person travelling under these Conditions, including their heirs and successors. The term

“Passenger” shall include the plural and the use of the masculine shall include the feminine.

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

2. BOOKING AND PAYMENT FOR CARRIAGE

The Passenger will make a booking directly with PEC Operations Limited acting as agent for the Carrier.

3. NON-TRANSFERABILITY / BINDING EFFECT

These Conditions are valid only for Passenger or Passengers named on the booking for Carriage. It may not be sold or transferred. These Conditions are binding on, and confer benefits to, the Passengers as well as the respective heirs, successors and assigns of the said Passenger. For the purposes of these Conditions, the successors and assigns of the Passenger shall be construed as also including any insurers, re-insurers or any other person who has been subrogated into or assigned the rights of any of the Passenger. Passenger represents and warrants that she/he is duly authorized by and on behalf of all Passengers (including minor children) named on the booking for Carriage to agree to and to bind all such Passengers to these Conditions.

4. EMBARKATION

Passenger is required to be ready to board the Aircraft at least one hour before the initial scheduled departure time for Carriage. At the time of embarkation Passenger is responsible for having received all medical inoculations necessary for Carriage and having in his/her possession these Conditions, valid passport, visas, medical card and other documents, medicines and medical equipment necessary for Carriage. Carrier shall have no liability to Passenger whatsoever if Passenger is not on board the Aircraft in time for the Aircraft to prepare for departure.

5. REFUSAL OF CARRIAGE

Carrier may refuse any Passenger or goods or Baggage to be carried for the Carriage. Carrier may refuse Carriage of any Passenger or goods or Baggage if, in its absolute discretion, it believes that the following circumstances have occurred or the Carrier reasonably believes will occur:

• a. the Passenger does not appear to have all necessary documents or has not checked in on time;
• b. the Passenger appears to be under the influence of alcohol or drugs;
• c. the Passenger fails to comply with these Conditions or any Applicable Laws or if carrying the Passenger will breach a law or order of a country to which the Passenger is travelling or departing from;
• d. if the Carriage of the Passenger or Baggage may put the safety of the Aircraft or the safety or health of any person in the Aircraft in danger or at risk;
• e. if the Passenger acts in an aggressive manner towards another passenger, ground staff or a member of the crew of the Aircraft or makes a threat;
• f. the Passenger fails to obey the instructions of ground staff or a member of the crew of the Aircraft relating to safety or security;
• g. if the Passenger refuses to allow a security check to be carried out on the Passenger and on the Passenger’s Baggage;
• h. if the Passenger requires special assistance, reasonable notice of this assistance was not given to the Carrier prior to Carriage; or
• i. the Passenger has lost, stolen or unlawfully acquired their ticket for Carriage.

6. BAGGAGE, VALUABLES, DANGEROUS GOODS AND OTHER POSSESSIONS

Baggage is subject to size and weight limits. The Carrier will not be liable for loss, damage to or delay in the delivery of delicate, brittle, fragile or perishable items, commercial goods or business documents, money, Valuables, precious metals, electronic equipment, camera or travel documents which are included in the Passenger’s Baggage whether with or without the Carrier’s knowledge.

The Passenger must not include in his/her Baggage or otherwise try to bring on board the following prohibited items or Dangerous Goods, including but not limited to:  Firearms or weapons of any type;

• Firearms or weapons of any type;
• Ammunition, gunpowder, mace, tear gas or pepper sprays;
• Lithium batteries (with powder greater than 160Wh)
• Camping fuel containers/camping gear containing fuel
• Machines and tools with petrol-powered engines;
• Corrosives such as acids, alkalis and mercury, wet cell batteries, drain cleaners and solvents;
• Poisons;
• Gases;
• Oxidizing materials, organic peroxides or toxic substances;
• Flammable liquids and solids;
• Dry ice - carbon dioxide;
• Radioactive materials;
• Fireworks, signal flares, sparklers or explosives;
• Spray cans, butane fuel, scuba tanks, propane tanks, CO2 cartridges;
• Fuel, paints, lighter refills, matches;
• Self-inflating life vests;
• Infectious substances;
• Security attaché cases incorporating explosives and dye cartridges (unless prior approval gained from the Carrier);
• Live animals;
• Items which are likely to endanger the Aircraft or persons or property on board the Aircraft, or that may become dangerous;
• Items which are prohibited by any Applicable Laws from being on any Aircraft;
• Items that the Carrier reasonably determines are unsuitable for Carriage because they are dangerous or unsafe or due to weight, size or character of an item (e.g. fragile or perishable items); and
• Dangerous Goods listed in the International Civil Aviation Organisation's Technical Instructions for the Safe Transport of Dangerous Goods by Air or the Dangerous Goods Regulations of the International Air Transport Association, that have not been approved by the Carrier in advance of Carriage and appropriately packaged and labelled by the Passenger in accordance with applicable regulations.

If a Passenger is in doubt about any item that he/she proposes to carry and whether it constitutes Dangerous Goods or a prohibited item, the Passenger must contact the Carrier in advance of the Carriage to seek clarification on whether the item is prohibited or a Dangerous Good.

The Carrier reserves the right to determine what items are unsuitable for Carriage.

The Carrier reserves the right to deal with prohibited items and/or Dangerous Goods in any manner it considers appropriate, which includes destroying, disposing of or retaining the item as evidence.

The Carrier, government or airport officers or their representatives may require a Passenger to submit to clothing or body searches, or require a Baggage search or inspection to be done with or without the Passenger. Refusal of a Passenger to submit to a search may result in refusal to carry the Passenger.

7. LIABILITY LIMITATIONS

Except as otherwise provided by these Conditions and to the maximum extent permitted by Applicable Laws or by Conventions that cannot be excluded, the Carrier’s liability is excluded or if it cannot be excluded is reduced to the maximum extent permitted by law for any costs, expenses, losses or damage whatsoever that may arise in any way in connection with the Carriage whether in contract, tort (including negligence), breach of statutory duty, or otherwise. If a Passenger’s Carriage involves carriage to which a Convention applies, the Carrier’s liability may be limited for bodily injury, death, loss or damage to baggage and delay.

8. CONSUMER LAW

The Passenger may have certain rights under local Consumer Law, such as consumer guarantees. Where the provisions of local consumer law apply, the relevant local consumer law will prevail over any terms and conditions that are inconsistent with or otherwise would be a breach of such local consumer law, but only to the extent of any inconsistency.

To the extent permitted by law the Carrier limits its liability to, at the Carrier’s option either supplying of the services again, or the payment of the cost of having the services supplied again.

Any warranty or term, whether express or implied, statutory or otherwise (including but not limited to any warranty that services will be rendered with reasonable care and skill) is excluded, to the extent permitted by law, including but not limited to in respect of liability for death or personal injury. To the maximum extent permitted by law:

• a. the Carrier shall under no circumstances whatsoever be liable to the Passenger, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Conditions or any terms and conditions ancillary or incidental to these Conditions; and
• b. the Carrier’s total liability to the Passenger in respect of all other losses arising under or in connection with these Conditions or any terms and conditions ancillary or incidental to these Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of monies paid by the Passenger to the Carrier under these Conditions or any terms and conditions ancillary or incidental to these Conditions.

9. TIME LIMITATIONS ON CLAIMS AND ACTIONS

The Passenger’s right to claim damages is extinguished if an action is not brought by the Passenger within 2 years after:

• a. date of arrival of the Aircraft at the destination, or
• b. the date on which the Aircraft ought to have arrived at the destination, or
• c. the date on which the Carriage stopped.

10. INDEMNITY

The Passenger shall indemnify the Carrier for any losses, legal costs and other expenses incurred by the Carrier (including any fines or penalties imposed on the Carrier) due to the Passenger’s failure to comply with these Conditions and/or the Applicable Laws. Without limiting the paragraph above, the Passenger shall indemnify the Carrier and hold the Carrier harmless for any loss, claim or damage suffered by the Carrier or third parties caused by the Carriage of prohibited items or Dangerous Goods referred to in clause 6.

11. CARRIAGE

Carrier will make every reasonable effort to undertake the Carriage. If the performance of the proposed Carriage is hindered or prevented (or in the opinion of Carrier is likely to be hindered or prevented) by a Force Majeure Event including war (whether declared or not), hostilities, terrorist action or threat thereof, blockade, weather conditions, labour conflicts, mechanical issues of the Aircraft, or any other cause whatsoever or if Carrier considers that for any reason whatsoever, Carriage may expose the Aircraft to risk of loss or damage or the safe operation of the Aircraft is at risk, Carrier may cancel the Carriage and may refund Passenger on the ticket or the person or charterer who has paid for the ticket upon presentation of satisfactory proof money or fares paid in advance.

12. HEALTH AND SECURITY / INDEMNIFICATION BY PASSENGER

Passenger represents and warrants that Passenger is physically and otherwise fit to travel; that she/he will at all times comply with Aircraft's rules and regulations and orders and directions of the Aircraft's officers and staff; that his/her conduct will not impair the safety of the Aircraft or inconvenience other passengers.

It is the Passenger’s responsibility to find out about and obtain any inoculations that are required for the countries they are visiting, and to find out about any potential dangers to their health and safety at their destination and any stopovers.

If the Passenger is suffering from any illness, disease or other condition which may make it unsafe for him/her or other Passengers if he/she travels, the Passenger must inform the Carrier prior to Carriage, and if the Carrier, acting reasonably, considers it may not be safe for him/her or other Passengers if the Passenger travels, then the Carrier may refuse to carry the Passenger.

Deep vein thrombosis (DVT):- Prolonged immobility may be a risk factor in the formation of clots in the legs, known as DVT, according to some studies. If the Passenger feels they may be at risk from DVT or other health problems, he/she must consult with their doctor before travelling.

Pregnancy:- The Carrier does not represent that travel is safe for a Passenger at any particular point during pregnancy. The Passenger must seek advice from their own medical practitioner prior to the Carriage as to whether it is safe for them to fly and whether they require medical clearance due to the nature of their pregnancy and the length of the Carriage.

Special Assistance:- If the Passenger requires special assistance due to the Passenger having limited mobility, for example, or there is another reason why the Passenger requires special assistance, they must notify the Carrier in advance of date of travel to discuss the arrangements that may be required.

It is the Passenger’s responsibility to find out from relevant embassies or consulates whether or not a passport, visa or other travel documents are needed for Carriage. If the Carrier provides any assistance to a Passenger in this regard, it does not release the Passenger from his/her responsibility to make enquiries of applicable authorities. Passenger shall indemnify Carrier for all penalties, fines, charges, losses or expenses incurred or imposed upon Carrier or the Aircraft by virtue of any act or violation of law by Passenger.

13. NO LIABILITY FOR MEDICAL TREATMENT

No staff doctors or nurses are employed by Carrier on the Aircraft. If Passenger requires medical attention during the Carriage, medical services will be provided at local facilities. Passenger shall be responsible for all costs and expenses of medical services, treatment and medications. Carrier shall have no liability whatsoever for any costs incurred in connection with medical services, or for the quality of care Passenger receives. Passenger consents to treatment by medical professionals designated by Carrier, if Passenger is unable to request or authorize medical treatment and, in the opinion of the Aircraft’s pilot, medical attention is necessary, solely at the expense of Passenger and without liability to Carrier. As there are risks involved in travel and the Carrier’s liability to the Passenger is limited, the Passenger may choose to purchase travel insurance to suit his/her needs.

14. PAYMENT BY PASSENGER AND EXTRA EXPENSES

Any and all payments by Passenger to Carrier shall be made in Euro currency or such other currency acceptable to Carrier.

15. CHOICE OF LAW

The law governing all aspects of these terms and conditions is stipulated and agreed to be the law of Malta.

16. CHOICE OF FORUM

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

17. SEVERABILITY

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

18. WRITTEN NOTICES

Except as otherwise expressly provided in these Conditions, all written notices required by these Conditions must be mailed, postage prepaid to:

Office No 3
Victoria Mansions Block 3
Pjazza Toni Bajada
Naxxar
Malta|NXR2592

19. ENTIRE AGREEMENT

These Conditions represent the entire agreement and a binding contract between Passenger and Carrier.

1. Contract

1.1 These terms and conditions (“Conditions”) form the basis of the contract between You and Scenic Tours Pty Limited (“Scenic”, “We”, “Us” or “Our”) (“Contract”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. Your Contract may also include additional terms and conditions applicable to a special offer or promotion, and/or, depending on your Journey, Destination Specific Terms.

1.2 You confirm Your understanding and acceptance of the Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of the price of Your Journey. If you do not understand and accept the 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.

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

1.4 Your Itinerary does not form part of the Contract.

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

1.6 If Your Journey includes a Cruise, Your transportation on any river cruise or ocean 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. The Cruise Conditions will be provided with Your cruising ticket, which will be provided to You before Your Cruise. Where the Cruise is on board Scenic Eclipse, the Scenic Cruise Passenger Ticket Terms and Conditions are hereby incorporated into and form part of these Terms & Conditions as if fully set out herein.

1.7 For other elected activities, the terms and conditions of the operator or service provider will apply. A copy of these separate terms and conditions can be requested by contacting our customer service team at the Customer Service Contact Address and may also be available to view on Our Website. Such terms and conditions (including but not limited to Helicopter Passenger Ticket Terms & Conditions) and a General Waiver are incorporated into and form part of these Conditions.

1.8 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.

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 You before You make 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 and includes the Scenic Eclipse fleet.

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

(h) “Deposit Protection Plan” means Our deposit protection plan as set out on Our Website and referred to in clause 12.6.

(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 15 of these Conditions.

(j) “Discovery Team Leader” means any person designated by Us as the Discovery Team Leader for any Cruise forming part of Your Itinerary

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

(l) ““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 or pandemics, 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 Australian States or Territory, or other disruption to the Journey beyond Our control.

(m) “Future Travel Credit” means a credit Issued by Us to You if We cancel Your Booking as a result of the occurrence of a Force Majeure Event under clause 5.4 of these Conditions which may be redeemed against a future booking in accordance with clause 5.4(c).

(n) “General Waiver” means the general waiver available at Our Website.

(o) “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 14.1 of these Conditions.

(p) “Helicopter Passenger Terms and Conditions” means the helicopter passenger terms and conditions available on Our Website.

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

(r) “Operator” means the owner or operator of a river cruise vessel, who is a separate legal entity and business, whether or not related to Us.

(s) “Operator Conditions” means the Operator’s conditions of carriage for a Cruise vessel, which are available on our Website and otherwise on request to Us.

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

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

(v) “Journey” means a Journey or journey package offered or provided by Us.

(w) “Journey Brochure” means the brochure for Your Journey published by Us in hard copy or electronically and includes any amendments notified on Our Website from time to time.

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

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

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

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

(bb) “Website” means Scenic’s website at www.scenic.com.au.

(cc) “Your Journey” means the Journey You have booked with Us, as outlined in Your Itinerary

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 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 Deposit Protection 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 24 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 100 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 130 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 at Our absolute discretion and if We accept, You must pay a change fee to Us for each change in accordance with clause 4.7(b) of these Conditions and any additional costs resulting from the change. Additional costs may include additional overnight accommodation required as a result of any change to Your flights.

3.11 You may cancel a Booking by sending Us written notice of cancellation at the Customer Service Contact Address. If You cancel a Booking You will be liable to pay a cancellation fee in accordance with clause 4.8 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, Discovery Leader (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; and where stated in Your Itinerary; port charges; all gratuities and tipping; 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 and associated fees, charges and taxes; additional optional activities; accommodation upgrades; meals not specified in Your Itinerary; drinks; laundry; passport fees; visas; vaccinations; medical assistance; medical services on board Scenic Eclipse; Spa and beauty treatments in the Spa Sanctuary; government taxes and charges (excluding GST); or any items or expenses of a personal nature. All helicopter, submarine and scuba diving experiences are an additional cost.

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 We determine were erroneous due to printing, electronic, or clerical error. If You make a Booking based on erroneous pricing, We will offer You the option of cancelling the Booking and receiving a refund of any amount paid by You or confirming the Booking by paying the difference between the erroneous price and the correct price, as determined by Us.

4.7 The following Fees are payable in addition to the Journey Price:

(a) If You book 21 days or less before the Journey Departure Date, You must pay a late booking fee of $50.00 per Booking.

(b) If You change Your Booking, other than by varying the 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 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                           Cancellation charge       Journey/journey commencement    (per person)

130 days and over                                    Loss of deposit

129 to 91 days                                          50% of Journey Price

90 days and less                                      100% of Journey Price

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

4.9 If using a Future Travel credit and You cancel Your Journey for any reason prior to 91 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable to a cancellation charge of 100% of the Journey Price held as a Future Travel Credit, regardless of when you notify us. If the Future Travel Credit is not utilised within 24 months of the date of cancellation, the full amount will be forfeited. You may also be liable to pay cancellation fees to airlines and other third parties.

4.10 If using a Future Travel credit and You cancel Your Journey for any reason within 90 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable to a cancellation charge of 100% of the Journey Price, regardless of when you notify us. You may also be liable to pay cancellation fees to airlines and other third parties.

4.11 We may vary Your Journey Price at any time before Your Departure Date to the extent necessary to meet any increase in the Journey costs for reasons outside Our control, including airfares, fuel, government taxes and charges, exchange rate fluctuations or other Journey related costs or tariffs. We will notify You of any such variation using the Guest Contact Details.

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

5. Cancellation, delays and changes to Your Itinerary

5.1 Although we reserve the right to cancel, delay or alter a Cruise for operational reasons, we will generally not cancel or consolidate a Cruise due to lack of passenger numbers. However, if minimum passenger numbers are not met, we reserve the right to limit the facilities, amenities and activities available on the Cruise Vessel.

5.2 We will use reasonable endeavours to make any decision to cancel or delay a Journey or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Journey Departure Date.

5.3 If We cancel or delay the departure of a Journey by 7 days or more, for whatever reason, before departure for any reason other than as a result of the occurrence of a Force Majeure Event:

(a) We will use reasonable endeavours to offer You the closest available Journey or Cruise departure. If the proposed alternative Journey or Cruise is:

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

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

(b) if You accept the proposed alternative Journey or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;

(c) if You do not accept the proposed alternative Journey or Cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, refund to You all monies paid directly to Us and will have no further liability to You; and

(d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares or other arrangements booked independently through or paid to a travel agent.

5.4 If, as a result of the occurrence of a Force Majeure Event, We;

(a) cancel or delay the departure of a Journey we will:

(i) cancel your booking and terminate the Contract;

(ii) issue You with a Future Travel Credit to the value of all monies You have paid directly to Us for the cancelled Booking; and

(iii) not refund any amounts You have paid directly to Us for the cancelled Booking; and

(b) cancel a Journey after commencement We will:

(i) cancel Your Booking and terminate the Contract; and

(ii) not refund any amounts You have paid directly to Us for the cancelled Booking;

(c) if We issue a Future Travel Credit to You:

(i) 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;

(ii) 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 Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours).

(iii) 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 Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours).

(iv) 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;

(v) its use for any future booking Is subject to availability;

(vi) It cannot be applied against stand-alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary

(vii) It Is not redeemable in whole or in part for cash and will expire to the extent It Is not used; and

(viii) 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.5.5 We will use reasonable endeavours to provide the Journey You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the Journey or Your Itinerary, before or after the commencement of the Journey. Where, due to circumstances outside the Operator’s control, We are unable to provide the Journey in accordance with Your Itinerary, We will use reasonable endeavours to:

(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and

(b) provide or arrange appropriate alternative activities, transport and accommodation as required.

5.6 The circumstances in which Your Itinerary or the Journey may be altered include:

(a) tidal waters or high or low water levels in any ocean or sea, river, canal, bay, cove or port;

(b) port closures or port restrictions due to weather or other operational reasons

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

(d) road, river, ice or weather conditions;

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

(f) Force Majeure Events;

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

(h) any other event beyond Our control.

5.7 Alterations to Your Itinerary or the Journey may include:

(a) substitution of vessels for part or the whole of a Journey;

(b) cabin changes on a vessel;

(c) substitution of another port or anchor location;

(d) additional embarkations and disembarkations;

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

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

(g) alterations to arrival and departure times;

(h) alterations to sightseeing activities; and

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

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

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

(a) if prior to Your Journey Departure Date, by phone, email or post using the Guest Contact Details or via Your travel agent; or

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

5.10 To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause 5, including without limitation any:

(a) claim for distress, disappointment or loss of enjoyment arising from the alteration;

(b) additional personal expenses incurred by You, including for food, beverages and personal items; or

(c) costs associated with any other travel arrangements affected by the changes, including any costs and expenses incurred by You for cancelling or changing those other arrangements or arising from a failure to meet a connection.

6. Your Journey obligations

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

6.2 If We, the Captain, Discovery Team Leader or Cruise Director or Our staff or any Service Provider consider You are negatively affecting Your own health, safety or enjoyment, or that of other passengers, including by refusing to comply with instructions of the Captain, Discovery Team Leader 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 Captain, Discovery Team Leader 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.

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 all or any portion of the Journey Price; and

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

7. Notification of General Risks

7.1 You acknowledge and agree that there are general risks associated with travelling, which are beyond Our control and We are not liable to You for any loss, cost or damage You may incur as a result of these general risks. Such general risks include:

(a) Journey variations or interruptions caused by road, river, ocean or sea, ice or weather conditions; national or local holidays affecting the closure of public buildings and attractions; Force Majeure Events; tidal water levels, high water levels; low water levels; flooding; unfavourable ice, or weather conditions; port or lock closures; unscheduled vessel or vehicle maintenance; or any unforeseen events or emergency situations

(b) changes to the Journey and Your Itinerary in the circumstances described in clause 5.6 of these Conditions;

(c) forces of nature; illness; flight schedule changes or cancellations; loss of luggage; epidemics or pandemics; political unrest; accidents; acts of terrorism or other criminal acts; changes to government visa or travel requirements; or

(d) other circumstances beyond Our control.

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

8. Liability

8.1 Nothing in these Conditions or the Contract operates to exclude, restrict or modify the application of any provision of the 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.

8.2 You acknowledge and agree that We accept no responsibility and will not be liable to You (or any third party) for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with:

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

(b) any change to Your Itinerary or delays in departure or arrival times of aircraft, vessels or otherwise during the conduct of the 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 beyond Our control.

8.3 Subject to clause 8.1, but despite any other provision of the Contract, and to the extent permitted by law, Our maximum liability to You or any third party (including any claims of negligence by Us) is limited to the Journey Price You have paid to Us.

8.4 To the maximum extent permitted by law and subject to clause 8.1, 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.

8.5 To the extent permitted by law, all express or implied warranties, guarantees, representations, or terms are expressly excluded. Where the law implies any guarantee, condition or warranty which cannot be excluded, Our liability to You for breach of such an implied guarantee, condition or warranty is limited, to one or more of the following 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.

8.6 Subject to clause 8.1, 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 is provided by a Service Provider, in the event of any dispute or claim including for loss, damage, breach of contract or negligence arising from the conduct of the Service Provider, You must pursue Your claim directly against the relevant Service Provider.

9. Force Majeure Event

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

9.2 We may cancel or delay 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.

9.3 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.

9.4 If we cancel or delay a Journey in the circumstances described in clause 9.2:

(a) to the maximum extent permitted by law, Your sole and exclusive rights and remedies will be those set out in clause 5.4 of these Conditions;

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

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 may also use Your name and the Guest Contact Details for marketing purposes, unless You tell Us that You do not want Us to do so. You may do this by contacting the Customer Service Contact Address.

10.3 We will otherwise deal with Your Personal Information in accordance with Our privacy policy, which can be found on Our Website or provided on request.

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.

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 The Journey Brochure is valid for Journey Departure Dates during 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 Captain, Discovery Team Leader or Cruise Director will have the right to refuse Your participation if the Captain, Discovery Team Leader 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) for safety reasons, passengers in wheelchairs cannot be carried on boarding ramps (which may be steep due to water levels) whilst the vessel is tied up or at anchor, or on to motor coaches, tenders, Discovery experiences including but not limited to Zodiacs, kayaks and submarine; and

(ii) collapsible walkers may be taken onto tender vessels for transfer to shore for the included Journeying. Walkers are however unable to be taken on the zodiacs at any time due to space restrictions. The walkers will be stored in the guest’s suite – there is no additional storage space on board.

(iii) guests must be able to walk up/down stairs in the event of an emergency to reach emergency evacuation points.

(iv) motorised scooters cannot be used on board

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

(vi) embarking and disembarking the tenders, Zodiacs, kayaks and submarine are via a mud room/change room with steps leading to a marina platform and requires the ability to step into and out of these vessels unaided.

(c) Our discretion: We may, in Our absolute discretion, decline Your Booking if We are of the view that:

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

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

(iii) You cannot or will not abide by any reasonable directions of the Captain, Discovery Team Leader 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 cabin 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) Cruise Itinerary: we reserve the right to substitute or cancel scheduled ports of call which, in our sole judgement and discretion, is justified for any reason and to do so without liability for any loss whatsoever to guests as a result of said change(s).

(e) 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 resulting missed scene or photographic “opportunity”.

(f) Smoking: Smoking is limited to designated smoking areas during 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.

(g) 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 vessels, and that We accept no responsibility, and will not be liable to You in relation to any such noise, vibration or odour.

(h) Medical Services:

(i) A medical centre is available onboard Scenic Eclipse and will be staffed according to the destination.

(ii) Due to the large number of passengers on board, We cannot provide a personal escort for medical visits.

(iii) We are not, and our Service Providers and the Operators are not, liable regarding the provision of any medical care You may require or choose to accept during your Journey.

(iv) You acknowledge that Antarctica, the Americas, Transatlantic crossings and the Arctic & Fjords regions are remote areas with limited medical facilities available.

(i) Currency and credit cards

(i) All purchases on board a charge to Your shipboard account. The on-board currency is the US Dollar.

(ii) Shipboard accounts may be paid by US Dollar or credit card.

(j) Wi Fi and Internet Service: Internet facilities are available on board up to a pre-determined limit per suite at no additional charge. Any additional usage will be charged to the guest’s suite. 

(i) Complimentary Internet service does not apply to any third-party suppliers.

(ii) Internet availability and quality may vary from country to country and can also be affected by technical issues, weather or unfavourable terrain and other factors outside Our control.

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

(k) All-inclusive beverages: If Your Journey includes an all-inclusive beverage package, the following provisions apply:

(i) all standard beverages are included in the Journey Price whilst you are on board Scenic Eclipse. This includes champagne, beer, wine, soft drinks, fruit juices, specialty teas and coffee and standard spirits. It also includes daily replenishment of the suite minibars.

(ii) Selected items such as a very small number of rare, fine and vintage wines, champagnes and spirits are not included in the package and may be available at an additional charge.

(iii) Responsible service of alcohol is adhered to by all staff on board of all vessels and We reserve the right to refuse service.

(iv) The all-inclusive beverages package does not apply to any third-party suppliers, including in the circumstances contemplated in clause 5.7 of these Conditions.

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 (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. 

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 Our reservations consultant or Your travel agent.

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

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

(vii) 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 post Journey hotel accommodation and airfares will be provided airport transfers to/from their hotel in the Journey start or end city only, on the day of the pre or post accommodation booking.

(iii) If You do not book Your flights with Us, You must ensure Your flight details are provided to Us at least 60 days before the 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 VIP transfer are not available in all locations. Please enquire for further details.

(c) Carriers: The carriers (including air carriers, rail and sea carriers used in association with the Journeys) are not responsible for statements or features in Journey Brochures. The conditions of carriage 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 and only act as agent in arranging services from 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; there are no additional luggage storage facilities available.

(ii) Airline passengers should consult with their airline as size and weight restrictions 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 carriers 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 Journeys as motorcoach access is not possible. Consequently, a reasonable level of fitness is required as the sightseeing Journey may involve steps and extensive walking over uneven surfaces.

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

(d) Scenic Enrich: 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.

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 can 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 basis. If Your Booking is not a twin share booking We will notify You of the applicable single supplement rate (Single Supplement Rate), and You must pay the Single Supplement Rate for the Journey, at the time of Booking.

(ii) A limited number of single suites are available at a Single Supplement Rate for each 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 sole 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 the place of the advertised hotel due to hotel availability issues. Any changes will be notified once confirmed with the hotel.

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

13.6 Deposit Protection Plan

Our Deposit Protection Plan is available at a cost of $250 per person per Journey excluding Amazon cruises, Galapagos cruises, Russian cruises and Russian cruises and Journeys. The cost is non-refundable and must be paid at the time of Booking Your Journey. The Deposit Protection Plan does not, nor is it intended to, replace travel insurance. Details and terms and conditions of the Deposit Protection Plan are available on Our Website.

14. Contact Details

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

Email: info@scenic.com.au

Telephone: 1300 646 701

Postal: PO Box 807, Newcastle, NSW 2300 Australia

This is the Customer Service Contact Address.

14.2 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) (Sydney 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.

14.3 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 Discovery Leader, 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.

14.4 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.

15. Destination Specific Terms

15.1 We reserve the right to charge a per person fuel supplement in the event that the Brent* Crude oil increases materially any time after 28 February 2019 up to and including the day of embarkation. *Brent crude oil prices are published on www.Bloomberg.com.

15.2 Not later than 15 days before the Journey Departure Date, expectant mothers are required to supply a medical certificate establishing their fitness for travel at the time they are due to travel. The certificate must be signed by a medical practitioner, include the estimated delivery date and be dated not earlier than 30 days before the Journey Departure Date In any event, We are unable to accommodate, and will not allow to participate in the Journey, any woman who has entered her twenty-fourth (24th) week of pregnancy prior to the Journey Departure Date, or who will do so at any time during the Journey, and, to the maximum extent permitted by law, will not be responsible or liable for any complication relative to any pregnancy during the entire duration of the Cruise or thereafter. Additionally, airlines may have restrictions that may differ from Ours. Please contact your travel professional or airline for details.

15.3 Unscheduled Embarkation / Disembarkation: International cabotage laws may prohibit guests from embarking or disembarking their voyage in any port except the main scheduled embarkation and disembarkation ports. Only those guests with a medical emergency may be allowed to embark or disembark the Cruise Vessel at an unscheduled embark / disembark port. If an unscheduled embarkation or disembarkation is permitted as a result of an emergency, those guests may incur additional charges intended to cover any fine or penalty levied against Scenic and any other additional costs. Such additional costs will be added to the guests’ on board account prior to disembarking.

15.4 We strongly recommend that You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Cruise/Journey including cover for loss of luggage, medical expenses, costs and expenses incurred due to cancellations, delays or other disruptions or medical evacuation in remote areas.

15.5 You must complete a mandatory medical questionnaire (to be provided 90 days prior to departure) between 90 and 60 days prior to the Journey Departure Date and must be returned to Scenic not later than 60 days prior to the Journey Departure Date. Any medical certificate issued earlier than 90 days before the Journey Departure date will not be accepted. Any guest who has not completed and returned their medical certificate will not be cleared for embarkation and will not benefit from any refund.

15.6 Service Animals: Due to the sensitive environments and regulatory regulations of the region travelled to, we are unable to accept service animals on the Cruise.

15.7 Antarctica, the Americas, Transatlantic crossings, Arctic & Fjords and other remote Regions:

(a) Highlights and wildlife encounters as outlined in the Itinerary are possible experiences only and cannot be guaranteed. Your Captain, Discovery Team Leader or Cruise Director will determine opportunities for exploration taking into account the prevailing weather, wildlife activity and ice conditions.

(b) Laundry and internet facilities may be limited whilst cruising in these regions.

(c) Complimentary Polar Parka and special Polar boot use is included for all Cruises to Antarctica, South Georgia and the Arctic & Fjords.

(d) As a condition of travelling to Antarctica or Arctic & Fjords on a Journey, you must provide to Us, at least 10 days before the Journey Departure Date:

(i) evidence that You hold comprehensive insurance, including medical evacuation coverage; or

(ii) evidence that You have access to available funds of not less than $150,000 USD; or

(iii) a bond or other security, satisfactory to Us, in Our absolute discretion, to cover the cost of medical evacuation in the event of a medical emergency

15.8 Discovery Experiences: a reasonable level of mobility is required to participate in most discovery experiences. Specific discovery experiences will be advised on full release. Discovery experiences including Zodiac, kayak, helicopter, e-bikes, submarine and snorkeling are subject to regulatory approval and prevailing weather, marine and ice conditions and may be cancelled at short notice. We cannot guarantee their availability, even if you have made an on-board booking. Discovery experiences can be booked whilst on Cruise with Your Cruise Director or Discovery Team Leader (unless otherwise stated) and are subject to availability, seasonal and operational factors. Some activities require a minimum and maximum number of participants to operate. We reserve the right to terminate, Your participation in a discovery experience if the Cruise Director, Tour Director or Discovery Team Leader reasonably considers that your continued participation poses a risk to the health or safety of You or any other person or You refuse to comply with all reasonable directions of the Cruise Director, Tour Director or Discovery Team Leader or any guide or operator conducting the experience.

15.9 Videography and Photography:

(a) We may capture photographs and video footage throughout the Journey for the purposes of compiling a video which features some of the highlights and activities of the Journey (Journey Video). Although We will use reasonable endeavours to ensure that the photographs and video footage captured are general in nature and do not focus on any specific individual, You acknowledge that We may capture photographs and video footage of You throughout the Journey.

(b) Subject to clause 14.8(c), the Journey Video will be prepared and made available online to You and all other passengers following the Journey. The Journey Video will be provided to You for personal use only and You must not use it for any commercial or unlawful purpose.

(c) We may decline to produce, or make available to You, a Journey Video in Our absolute discretion.

(d) You acknowledge and agree that, despite clause 15.8(b) of these Conditions, Scenic has no ability to restrict or control the further publication or distribution of the Journey Video by other passengers.

(e) If You do not wish to appear in the Journey Video, You must inform Us at the commencement of the Journey by completing and returning to reception on the Cruise Vessel an ‘opt-out’ form, in which case we will use reasonable endeavours to ensure you do not appear, or are not able to be identified, in the Journey Video.

(f) You acknowledge and agree that We may use the Journey Video (and any still images from it) for marketing, training and promotional purposes and you waive any right to claim any payment or other compensation for such use.

16. “Fly/Sail”, “Fly/Fly” and “Sail/Fly” voyages

(a) Any booking for a “Fly/Sail”, “Fly/Fly” or “Sail/Fly” voyage is subject to the following specific Terms & Conditions.

(b) A “Fly/Sail” voyage involves flying from Punta Arenas, Chile to King George Island, and then a voyage by ship from King George Island to specified destinations within Antarctica and from Antarctica, by ship to Ushuaia, Argentina.

(c) A “Fly/Fly” voyage involves flying from Punta Arenas, Chile to King George Island, and then a voyage by ship from King George Island to specified destinations within Antarctica and then back by ship to King George Island and then flying from King George Island back to Punta Arenas, Chile.

(d) A “Sail/Fly” voyage involves a voyage by ship from Ushuaia, Argentina to specified destinations within Antarctica and then by ship from Antarctica to King George Island and then flying from King George Island to Punta Arenas, Chile.

(e) Any “Fly/Sail”, “Fly/Fly” or “Sail/Fly” voyage is deemed to commence at the starting point of the expedition as booked.

(f) If a charter flight from any starting point to the point of embarkation for the ship voyage is delayed due to adverse weather conditions, Scenic Cruises and Tours will attempt, for a period of up to 72 hours from the proposed departure time of the charter flight, to arrange a later charter flight.  We will attempt to do so at no extra charge to you, but if an additional charge does apply, you will be liable to pay that additional charge.

(g) If it is not reasonably practicable for a later charter flight to be arranged for you, within 72 hours from the proposed departure time of the charter flight, your expedition will be deemed cancelled.

(h) If your expedition voyage is deemed cancelled, due to weather conditions affecting your charter flight, Scenic Cruises and Tours will offer you the following options:

(i) We will endeavour to accommodate you, at no additional charge on the next scheduled ship voyage but this is subject to availability of cabins and any other applicable circumstances. You will be liable for any additional costs or charges for any subsequent charter flights.

(j) If you do not wish to take the next scheduled voyage, or we are unable to accommodate you as set out above, we will offer you a 100% future voyage credit. Upgrades to higher cabin category or additional costs or increases in journey costs will be at your own expense.  The credit is not transferrable or redeemable for cash and any subsequent voyage must be taken within 24 months from the date of deemed cancellation of the original voyage. 

(k) If neither of the above options is exercised, then you will not be entitled to any refund of any amounts paid by you.

(l) In the event that a charter flight is delayed, the Discovery Leader or another representative of Scenic Cruises and Tours will provide updates to you, as they may be known, and will endeavour to provide information to make your stay as enjoyable as possible pending the ability of a charter flight to fly.

(m) If a charter flight from King George Island to Punta Arenas, Chile is delayed, passengers already in Antarctica will remain on board the ship until the flight to Punta Arenas is authorised to depart. If it is not possible, due to weather conditions, for the flight to depart within 72 hours from intended departure time the ship will transport you from King George Island to Puerto Williams or Ushuaia for disembarkation. Full board on the ship is included. Strictly no refund will be provided for any reason and you will not be entitled to make any claim howsoever arising as a result of this change. Scenic Cruises and Tours will not be liable for and does not accept any claims for any costs made by you including but not limited to international airfares, domestic airfares, accommodation, any additional services purchased, or change fees impacted by or as a result of the delay or cancellation.

IMPORTANT NOTICE

THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO THE CONTRACT OF CARRIAGE (HEREINAFTER “CONTRACT”) BETWEEN YOU AS THE PASSENGER AND PEC Limited (HEREINAFTER "CARRIER" ) WITH RESPECT TO THE M.V. "SCENIC ECLIPSE” or any substitute ship chartered or operated or provided by Carrier, whether owned, chartered, or operated by Carrier or by third parties on which Passenger may be travelling, and its tenders, jet skis, kayaks or any other similar means of conveyance. (HEREINAFTER "VESSEL"”).

CARRIER ENTERS INTO CONTRACTS OF CARRIAGE, ISSUES ALL CONTRACTS, AND ACCEPTS AND CARRIES PASSENGER AND BAGGAGE ONLY ON AND SUBJECT TO THESE TERMS AND CONDITIONS. THE CONTRACT IS AN AGREEMENT BETWEEN PASSENGER AND CARRIER, AND THE AGENTS, SERVANTS AND EMPLOYEES OF CARRIER INCLUDING BUT NOT LIMITED TO THE VESSEL.

THE LIABILITY OF CARRIER TOWARDS PASSENGER IS LIMITED BY OPERATION OF LAW AND BY OPERATION OF THESE TERMS AND CONDITIONS. SECTIONS 5, 6, 7, 10, 11, 13 AND 14 OF THESE TERMS AND CONDITIONS CONTAIN CERTAIN LIMITATIONS OF THE CARRIER'S AND THIRD PARTIES' LIABILITY, INCLUDING LIMITATIONS CONCERNING DEATH OR INJURY CLAIMS, AS WELL AS DAMAGE CLAIMS RELATING TO BAGGAGE AND PERSONAL PROPERTY. YOU THEREFORE SHALL ENSURE THAT YOU ARE PROPERLY INSURED AGAINST ALL RISKS THAT YOU AND YOUR BELONGINGS MAY INCUR.

THE RIGHTS, EXCLUSIONS AND LIMITATIONS OF LIABILITY AS WELL AS THE DEFENCES OR IMMUNITIES OF THE CARRIER SET FORTH IN THESE TERMS AND CONDITIONS, SHALL ALSO APPLY TO AND BE FOR THE BENEFIT OF ITS AGENTS, EMPLOYEES, SERVANTS, INDEPENDENT CONTRACTORS, CONCESSIONAIRES, SUBCONTRACTORS AND SUPPLIERS OF THE CARRIER INCLUDING BUT NOT LIMITED TO THE VESSEL. 

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

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

CONDITIONS APPLICABLE TO THE CONTRACT

1. DEFINITIONS:

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

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

“Booking Confirmation” means the receipt/ confirmation of the Booking including but not limited to Scenic Tours Terms & Conditions set out in the Scenic brochure and /or as provided to the Passenger. 

“Carrier” means PEC Limited 

"Conditions" means these Cruise Passenger Ticket Terms and Conditions or Cruise/Journey Conditions.

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

"Conventions" means the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974 as amended by the 2002 Protocol and any subsequent amendment thereto (hereinafter "Athens Convention"), and, where applicable, the Convention on Limitation of Liability for Maritime Claims of 1976 as amended by the 1996 Protocol and any subsequent amendment thereto (hereinafter "LLMC Convention").

"Cruise" means a voyage on the Vessel of a number of days and/or a specific itinerary contracted by Passenger with Carrier and the Vessel.

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

"Passenger" means every person named on the face of the Contract and/or travelling under the Contract or occupying the cabin designated on the Contract, including their heirs and successors. The term “Passenger” shall include the plural and the use of the Masculine shall include the Feminine.

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

"Vessel" means the cruise ship "SCENIC ECLIPSE” or any substitute ship chartered or operated or provided by Carrier, whether owned, chartered, or operated by Carrier or by third parties on which Passenger may be travelling, and its tenders, jet skis, kayaks or any other similar means of conveyance.

2. NON-TRANSFERABILITY / BINDING EFFECT

The Contract is valid only for Passenger or Passengers named herein for the Cruise, date and Vessel indicated. It may not be sold or transferred. The terms and conditions of the Contract are binding on, and confer benefits to, the Passengers as well as the respective heirs, successors and assigns of the said Passenger. For the purposes of the Contract, the successors and assigns of the Passenger shall be construed as also including any Insurers, re-insurers or any other person who has been subrogated into or assigned the rights of any of the Passenger.  Passenger represents and warrants that she/he is duly authorized by and on behalf of all Passengers (including minor children) named on the Booking to agree to and to bind all such Passengers to these terms and conditions.

3. EMBARKATION

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

4. BAGGAGE, VALUABLES AND OTHER POSSESSIONS

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

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

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

The total value of the Baggage, Valuables and other personal belongings of a Passenger aboard the Vessel who does not deposit Valuables for safekeeping, as described in the Contract, shall be deemed not to exceed the amount of two thousand two hundred and fifty (2,250) units of account (also known as special drawing rights or SDRs) per Passenger and Carrier's liability, if any, for loss of or damage to such belongings is limited to a maximum of two thousand two hundred and fifty (2,250) SDRs per Passenger. Carrier provides safekeeping for Valuables aboard the Vessel and encourages Passengers to deposit any Valuables brought aboard the Vessel with the designated officer who will issue a receipt for such Valuables. Carrier shall not be liable for any loss of or damage to Valuables unless they have been delivered to the designated officer and a receipt issued. The value of articles delivered for safekeeping shall be deemed not to exceed three thousand three hundred and seventy five (3,375) SDRs, unless Carrier agrees in writing to a higher value for the articles at the time of delivery to the designated officer. Unless specifically provided elsewhere in this Contract, Carrier shall have no liability for loss or damage to Baggage or personal effects. Personal belongings lost while unattended in public lounges or other public areas, whether on board the Vessel or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, and other acts-of-God are not reimbursable. Settlements of reimbursable claims for lost belongings will be made on the basis of actual cash value (replacement cost less depreciation). Settlements of reimbursable claims for damaged items will be on the basis of cost of repair or actual cash value, whichever is less. No amount shall be paid in settlement of any claim without proof of the actual cash value or repair cost as appropriate arising from the loss or damage. Such proof must be sent to Carrier. Carrier’s liability must be proven before any settlement will be paid.

6. LIABILITY LIMITATION FOR LOSS OF LIFE OR BODILY INJURY

The liability for the death of or personal injury to a passenger shall in no case exceed 250,000 units of account per passenger on each distinct occasion. 

Carrier shall not be liable in any manner whatsoever if the incident (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or (b) was wholly caused by an act or omission done with the intent to cause the incident by a third party.

If and to the extent that the loss exceeds the above limit, the Carrier shall be further liable unless the carrier proves that the incident which caused the loss occurred without the fault or neglect of the Carrier. The liability of the Carrier for the death of or personal injury to a passenger shall however in no case exceed 400,000 units of account per passenger on each distinct occasion. 

For the loss suffered as a result of the death of or personal injury to a passenger not caused by a Shipping Incident, the Carrier shall be liable if the incident which caused the loss was due to the fault or neglect of the Carrier. The burden of proving fault or neglect shall lie with the claimant. In this Contract "Shipping Incident" means shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship; (b) “fault or neglect of the Carrier” includes the fault or neglect of the servants of the Carrier, acting within the scope of their employment; (c) “defect in the ship” means any malfunction, failure or non-compliance with applicable safety regulations in respect of any part of the ship or its equipment when used for the escape, evacuation, embarkation and disembarkation of passengers, or when used for the propulsion, steering, safe navigation, mooring, anchoring, arriving at or leaving berth or anchorage, or damage control after flooding; or when used for the launching of life saving appliances; and (d) “loss” shall not include punitive or exemplary damages.

The liability of the Carrier under this Contract only relates to loss arising from incidents that occurred in the course of the Cruise. The burden of proving that the incident which caused the loss occurred in the course of the Cruise, and the extent of the loss, shall lie with the claimant.

7. CARRIER'S LIABILITY / TIME LIMITS FOR PROPERTY DAMAGE AND PERSONAL INJURY CLAIMS

Carrier shall be liable only in accordance with the provisions and limitations as contained in the laws of Malta incorporating the Athens Convention and the LLMC Convention where applicable. 

Any action for damages arising out of personal injury, death, or lost or damaged luggage shall be time-barred after a period of two (2) years or as otherwise set out in the Athens Convention. The limitation period shall be calculated as follows (i) in the case of personal injury, from the date of disembarkation of Passenger; (ii) in the case of death, from the date when Passenger should have disembarked or the date of death, whichever is later; (iii) in the case of lost or damaged luggage, from the date of disembarkation or from the date when disembarkation should have taken place, whichever is later.

Where any of the Conventions permit Carrier to apply a deductible, Carrier may apply that deductible.

Certain third parties derive rights and exemptions from liability as a result of the terms and conditions stated herein. All of Carrier's rights, exemptions from liability, defences and immunities under this Contract (including, but not limited to, those arising under this section 7 or applicable law) inure to the benefit of Carrier's employees and agents, together with the Vessel and the Vessel's tenders, operators, managers, charterers, officers, staff, crewmembers, shipbuilders and manufacturers of all component parts. These third parties will have no liability to Passenger, either in contract or in tort, which is greater than or different from Carrier's liability.

If a written claim is not made and suit is not commenced within the time provided in this section 7, then Passenger claims will be extinct, and Passenger waives and releases any right she/he may have to make a claim against Carrier or Vessel for any such damage, bodily injury, emotional distress or injury or death or loss.

Carrier and Vessel shall have the right at all times to avail themselves and have the benefit of the rights of limitation available under the Conventions and any and all applicable global limitation of liability or exoneration of liability rules, regulations or statues, statutes, including but not limited to those contained in the Conventions as may be amended from time to time and applicable as if fully set out herein and by those other further limitations of liability set forth in the laws of Malta. 

A copy of the Athens convention and the LLMC convention will be provided by Carrier upon written request.

8. ITINERARY / RIGHT TO CHANGE / DETENTION

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

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

9. HEALTH AND SECURITY / INDEMNIFICATION BY PASSENGER

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

10. PASSENGER INSTRUCTIONS

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

11. INDEPENDENT CONTRACTOR / SHORE TOURS / LIMIT OF LIABILITY

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

12. NO LIABILITY FOR MEDICAL TREATMENT

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

13. PAYMENT BY PASSENGER AND EXTRA EXPENSES

Any and all payments by Passenger to Carrier shall be made in Euro currency or such other currency acceptable to Carrier as outlined in the Booking Confirmation issued to the Passenger. All charges for services and products provided on board the Vessel must be settled in cash or charged (via credit card acceptable to Carrier) before Passenger's final disembarkation from the Vessel. Any other expenses incurred by Passenger or by Carrier on behalf of Passenger shall be payable by Passenger on demand.

Carrier reserves the right to impose a supplemental charge relating to unanticipated occurrences including, but not limited to, increases in the price of fuel. Any such supplement charges may apply, at Carrier’s sole discretion, to both existing and new bookings (regardless of whether such bookings have been paid in full).

14. FORCE MAJEURE

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

15. CHOICE OF LAW

The law governing all aspects of these terms and conditions is stipulated and agreed to be Maltese law. 

16. CHOICE OF FORUM

Any dispute arising out of or in connection with the Booking, the Contract (including these terms and conditions), the ownership and/or the operation of the Vessel, whether against Carrier in person or the Vessel, shall be determined by the civil courts of Malta to the jurisdiction of which Carrier and Passenger and all persons in Passenger's party hereby submit themselves, and to the exclusion of the jurisdiction of all other courts.

If any action is initiated in any court other than the courts of Malta, Carrier and Passenger and all in Passenger's party agree to the immediate transfer of said action to the courts of Malta, any attorney's fees and/or costs incurred in successfully transferring an action brought in any venue other than the courts of Malta, shall be awarded to the party procuring the transfer and shall become due and payable at the time of the transfer.

17. SEVERABILITY

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

18. WARRANTIES / PERIOD OF RESPONSIBILITY / CONSEQUENTIAL DAMAGES EXCLUDED

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

19. WRITTEN NOTICES

Except as otherwise expressly provided in the Contract, all written notices required by this Contract must be mailed, postage prepaid to:

PEC Limited
Office No 3,
Victoria Mansions Block 3,
Pjazza Toni Bajada,
Naxxar, Malta, NXR 2605

20. INCORPORATION OF TERMS AND PRECEDENCE

All of the terms and conditions of the Booking Confirmation are expressly incorporated in these Conditions as if fully set out herein. To the extent of any inconsistency between the Booking Confirmation and these Conditions the terms of these Conditions shall prevail.

21. ENTIRE AGREEMENT

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

IMPORTANT NOTICE
THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO THE CONTRACT OF CARRIAGE BETWEEN YOU AS THE PASSENGER AND MS SCENIC EMERALD AG, MS SCENIC SAPHIRE AG, MS SCENIC DIAMOND AG, MS SCENIC RUBY AG, MS SCENIC PEARL AG, MS SCENIC CRYSTAL AG, MS SCENIC JEWEL AG, MS SCENIC GEM AG, MS SCENIC JADE AG, MS SCENIC JASPER AG, MS SCENIC OPAL AG, MS SCENIC AMBER AG in CH-6304 Zug / Switzerland (HEREINAFTER "COMPANY") AS CARRIER WITH RESPECT TO THE M.V. "SCENIC EMERALD", “SCENIC SAPPHIRE”, “SCENIC DIAMOND”, “SCENIC RUBY”, “SCENIC PEARL”, “SCENIC CRYSTAL”; “SCENIC JEWEL”, “SCENIC GEM”, “SCENIC JADE”, “SCENIC JASPER”, “SCENIC OPAL”, “SCEMIC AMBER”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

CONDITIONS APPLICABLE TO THE CONTRACT

1. DEFINITIONS: "Baggage" means all such Passenger baggage allowed on the Vessel pursuant to the terms of this Contract which is placed in Passenger's cabin, or which has been stored in the Vessel's baggage room, holds or safe against receipt therefore at the request of Passenger. "Booking" means the booking by the Passenger of a Cruise on board the Vessel. "Company" means MS SCENIC SAPPHIRE AG, MS SCENIC DIAMOND AG, MS SCENIC RUBY AG, MS SCENIC PEARL AG, MS SCENIC CRYSTAL AG, MS SCENIC JEWEL AG, MS SCENIC GEM AG, MS SCENIC JADE AG, MS SCENIC JASPER AG; MS SCENIC OPAL AG, MS SCENIC AMBER AG in CH-6304 Zug / Switzerland. "Conditions" means these terms and conditions. "Contract" means the booking confirmation and the contract for a Cruise on board the Vessel resulting from a booking, including these Conditions, as concluded between Company and Passenger through a Booking. "Conventions" means the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974, and the Protocols thereto of 1976 and 1990 (hereinafter "Athens Convention"), and, where applicable, the Strasbourg Convention on the Limitation of Liability in Inland Navigation, 1988 (hereinafter "CLNI Convention"). "Cruise" means a trip of a number of days and/or a specific itinerary contracted by Passenger with Company. "Dangerous articles" include articles such as firearms, explosives, oxygen or inflammable or combustible substances, alcohol, drugs, illegal substances, or other dangerous goods. "Passenger" means every person named on the face of this Contract and/or travelling under this Contract or occupying the cabin designated on this Contract, including their heirs, successors in interest and personal representatives. "Valuables" includes but is not limited to jewellery, money, bullion, precious metals or stones, plate or other objects of a rare or precious nature, bonds, securities, negotiable and financial instruments and /or tickets. "Vessel" means the river cruise ships "SCENIC EMERALD", “SCENIC SAPPHIRE”, “SCENIC DIAMOND”, “SCENIC RUBY”, “SCENIC PEARL”, “SCENIC CRYSTAL”; “SCENIC JEWEL”, “SCENIC GEM”, “SCENIC JADE”, “SCENIC JASPER”, “SCENIC OPAL”, “SCENIC AMBER” or any substitute ship chartered or operated or provided by Company, whether owned chartered, or operated by Company or by third parties on which Passenger may be travelling, and its tenders or any other similar means of conveyance.

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

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

4. BAGGAGE, VALUABLES AND OTHER POSSESSIONS Due to space limitations, each Passenger may bring aboard the Vessel one (1) suitcase without charge (additional baggage may be subject to an excess baggage charge). All Baggage must be securely packed and distinctly labelled with Passenger's full name, the name of the Vessel, and the cabin number of Passenger and the sailing date of the Vessel. Under no circumstances, may Dangerous Articles be taken aboard the Vessel. Any such item shall be surrendered to the Captain of the Vessel at embarkation, and may be disposed of in the sole discretion of the Captain. Pets and other animals are not allowed on board the Vessel. Hand or unlocked luggage, breakables and valuables must be handcarried by Passengers on and off the Vessel, and may not be included with check-in Baggage. Company shall not be responsible for loss or damage to such items and shall not be responsible for goods that Company would not have allowed on the Vessel, had it known of the existence thereof.

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

6. COMPANY'S LIABILITY / TIME LIMITS FOR PROPERTY DAMAGE AND PERSONAL INJURY CLAIMS
(A) THE PROVISIONS AND LIMITATIONS AS CONTAINED IN THE LAWS OF SWITZERLAND (INCORPORATING THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974 (THE "ATHENS CONVENTION") AND THE PROTOCOLS THERETO OF 1976 AND 1990 SHALL APPLY. (B) COMPANY SHALL BE LIABLE ONLY IN ACCORDANCE WITH THE PROVISIONS AND LIMITATIONS AS CONTAINED IN THE LAWS OF SWITZERLAND INCORPORATING THE ATHENS CONVENTION AND THE CLNI CONVENTION). SWISS LAW IN MOST CASES LIMITS COMPANY'S INDIVIDUAL LIABILITY FOR DEATH, PERSONAL INJURY, AND LOST OR DAMAGED PROPERTY TO NO MORE THAN ONE HUNDRED AND FIFTY-SEVEN THOUSAND (175,000) SDRs. (C) IN ACCORDANCE WITH THE AFORE-MENTIONED LEGISLATION IT IS PRESUMED THAT LUGGAGE HAS BEEN DELIVERED UNDAMAGED UNLESS WRITTEN NOTICE IS GIVEN TO COMPANY: (I) IN THE CASE OF APPARENT DAMAGE, BEFORE OR AT THE TIME OF DISEMBARKATION OR REDELIVERY; OR (II) IN THE CASE OF LOSS OR NON-APPARENT DAMAGE, WITHIN 15 DAYS OF THE DATE OF DISEMBARKATION OR RE-DELIVERY OR FROM THE TIME WHEN REDELIVERY SHOULD HAVE TAKEN PLACE. (D) UNDER THE AFORE-MENTIONED LEGISLATION ANY ACTION FOR DAMAGES ARISING OUT OF PERSONAL INJURY, DEATH, OR LOST OR DAMAGED LUGGAGE SHALL BE TIME-BARRED AFTER A PERIOD OF TWO (2) YEARS. THE LIMITATION PERIOD SHALL BE CALCULATED AS FOLLOWS (I) IN THE CASE OF PERSONAL INJURY, FROM THE DATE OF DISEMBARKATION OF PASSENGER; (II) IN THE CASE OF DEATH, FROM THE DATE WHEN PASSENGER SHOULD HAVE DISEMBARKED OR THE DATE OF DEATH, WHICHEVER IS LATER; (III) IN THE CASE OF LOST OR DAMAGED LUGGAGE, FROM THE DATE OF DISEMBARKATION OR FROM THE DATE WHEN DISEMBARKATION SHOULD HAVE TAKEN PLACE, WHICHEVER IS LATER. (E) IN NO CASE SHALL AN ACTION BE BROUGHT AFTER THE EXPIRATION OF A PERIOD OF THREE YEARS FROM THE DATE OF DISEMBARKATION OF PASSENGER OR FROM THE DATE WHEN DISEMBARKATION SHOULD HAVE TAKEN PLACE, WHICHEVER IS LATER. (F) COMPANY SHALL NOT BE LIABLE FOR LOST OR DAMAGED VALUABLES, EXCEPT WHERE SUCH VALUABLES HAVE BEEN DEPOSITED WITH COMPANY AGAINST RECEIPT FOR THE PURPOSE OF SAFEKEEPING IN WHICH CASE COMPANY SHALL BE LIABLE UP TO THE LIMIT AS PROVIDED FOR IN SWISS LAW, I.E. 2,700 SDRs. (G) WHERE ANY OF THE CONVENTIONS PERMIT COMPANY TO APPLY A DEDUCTIBLE, COMPANY MAY APPLY THAT DEDUCTIBLE. (H) IN THE EVENT IT IS DETERMINED THAT COMPANY IS NOT ENTITLED TO ALL OF THE BENEFITS OF THE CONVENTIONS, INCLUDING THE LIMITATIONS STATED ABOVE, PASSENGER MAY NOT MAINTAIN A LAWSUIT AGAINST COMPANY OR THE VESSEL, NOR WILL COMPANY OR THE VESSEL BE LIABLE, FOR LOSS OF LIFE OR BODILY INJURY UNLESS WRITTEN NOTICE OF THE CLAIM IS DELIVERED TO COMPANY NOT LATER THAN SIX (6) MONTHS AFTER THE DAY OF DEATH OR INJURY, THE LAWSUIT IS COMMENCED NOT LATER THAN ONE (1) YEAR AFTER THE DAY OF DEATH OR INJURY, AND VALID SERVICE OF THE LAWSUIT ON COMPANY OR THE VESSEL, AS APPLICABLE, IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONEYEAR PERIOD. FOR ALL OTHER CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOSS OR DAMAGE TO BAGGAGE, BREACH OF CONTRACT, OR OTHER CLAIM, PASSENGER MAY NOT MAINTAIN A LAWSUIT AGAINST COMPANY OR THE VESSEL, UNLESS COMPANY IS PROVIDED WITH WRITTEN NOTICE OF CLAIM WITHIN THIRTY (30) DAYS AFTER THE DATE OF DISEMBARKATION, THE LAWSUIT FOR SUCH CLAIM IS COMMENCED NOT LATER THAN ONE YEAR AFTER THE DATE OF DISEMBARKATION, AND VALID SERVICE OF THE LAWSUIT ON THE VESSEL OR COMPANY, AS APPLICABLE, IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE-YEAR PERIOD. IN THE CASE OF A CLAIM BY OR ON BEHALF OF A MINOR OR LEGALLY INCOMPETENT PERSON, THE TIME PERIODS DESCRIBED ABOVE SHALL BEGIN TO RUN ON THE EARLIER OF: (A) DATE OF APPOINTMENT OF A LEGAL REPRESENTATIVE FOR THE MINOR OR LEGALLY INCOMPETENT PERSON, OR THEIR ESTATE (AS THE CASE MAY BE); OR (B) THREE (3) YEARS AFTER THE DATE OF DEATH, INJURY OR DAMAGE, AS APPLICABLE. (I) CERTAIN THIRD PARTIES DERIVE RIGHTS AND EXEMPTIONS FROM LIABILITY AS A RESULT OF THE TERMS AND CONDITIONS STATED HEREIN. ALL OF COMPANY'S RIGHTS, EXEMPTIONS FROM LIABILITY, DEFENCES AND IMMUNITIES UNDER THIS CONTRACT (INCLUDING, BUT NOT LIMITED TO, THOSE ARISING UNDER THIS SECTION 6 OR APPLICABLE LAW) INURE TO THE BENEFIT OF COMPANY'S EMPLOYEES AND AGENTS, TOGETHER WITH THE VESSEL AND THE VESSEL'S TENDERS, OPERATORS, MANAGERS, CHARTERERS, OFFICERS, STAFF, CREWMEMBERS, SHIPBUILDERS AND MANUFACTURERS OF ALL COMPONENT PARTS. THESE THIRD PARTIES WILL HAVE NO LIABILITY TO PASSENGER, EITHER IN CONTRACT OR IN TORT, WHICH IS GREATER THAN OR DIFFERENT FROM COMPANY'S LIABILITY. (J) IF A WRITTEN CLAIM IS NOT MADE AND SUIT IS NOT COMMENCED WITHIN THE TIME PROVIDED IN THIS SECTION 6, THEN PASSENGER CLAIMS WILL BE EXTINCT, AND PASSENGER WAIVES AND RELEASES ANY RIGHT SHE/HE MAY HAVE TO MAKE A CLAIM AGAINST COMPANY FOR ANY SUCH DAMAGE, BODILY INJURY, EMOTIONAL DISTRESS OR INJURY OR DEATH OR LOSS. (K) COMPANY SHALL HAVE THE RIGHT AT ALL TIMES TO AVAIL THEMSELVES AND HAVE THE BENEFIT OF ANY AND ALL APPLICABLE GLOBAL LIMITATION OF LIABILITY OR EXONERATION OF LIABILITY RULES, REGULATIONS OR STATUTES, SPECIFICALLY INCLUDING FURTHER PROVISIONS OF THE STRASBOURG CONVENTION ON THE LIMITATION OF LIABILITY OF OWNERS OF INLAND NAVIGATION VESSELS (CLNI), 1988, AS ADOPTED BY SWITZERLAND, AS WELL AS OF THE INTERNATIONAL CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976, WITH REVISIONS AND AMENDMENTS, IF AND AS APPLICABLE AND BY THOSE OTHER AND FURTHER LIMITATIONS OF LIABILITY SET FORTH IN THE STATUTORY AND GENERAL MARITIME LAW OF SWITZERLAND, AS THE LAW GOVERNING THIS TICKET CONTRACT: SIXTY THOUSAND (60,000) SDRs (MULTIPLIED BY THE NUMBER OF PASSENGERS THE VESSEL, ACCORDING TO ITS CERTIFICATE, IS ALLOWED TO ACCOMMODATE; NOT TO EXCEED IN ANY EVENT MORE THAN TWENTY-FIVE (25) MILLION SDRs) TO APPLY TO THE AGGREGATE OF ALL CLAIMS WHICH ARISE ON ANY DISTINCT OCCASION AGAINST CARRIER, WITH RESPECT TO DAMAGES SUFFERED ON A SEAGOING VESSEL AND, AS REGARDS DAMAGES SUFFERED ON AN INLAND NAVIGATION VESSEL, NOT TO BE LESS THAN SEVEN HUNDRED AND TWENTY THOUSAND (720,000) SDRs OR MORE THAN (I) 3 MILLION (3,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF NOT MORE THAN 100; (II) 6 MILLION (6,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF NOT MORE THAN 180; (III) 12 MILLION (12,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF MORE THAN 180. A COPY OF THE ATHENS CONVENTION AND CLNI WILL BE PROVIDED BY COMPANY UPON WRITTEN REQUEST.

7. ITINERARY / RIGHT TO CHANGE / DETENTION Company will make every reasonable effort to undertake the advertised and any other agreed and offered Cruise but no Cruise is guaranteed and Cruises may be altered, delayed, amended, or cancelled subject to circumstances. If the performance of the proposed Cruise is hindered or preven deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or lengthen any Cruise, to omit or change ports of call, to arrange for substantially equivalent transportation by another vessel and/or by other means of transportation, including without limitation by coach or other land transportation alternatives, whether belonging to the Company or not, and to cause Passenger to disembark from the Vessel temporarily or permanently. Company may for any reason whatsoever cancel any Cruise or terminate the Contract at any time before departure of the Vessel, and in such event, Company's only liability will be to refund to Passenger the amount it has received for the Contract. For purposes of assisting other vessels or protecting life or property, the Captain of the Vessel has the right, at his or her sole discretion, to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or cancel any Cruise, to omit or change any ports of call, to tow or to be towed, to transfer Passenger and Passenger's baggage to any other vessel and/or other means of transportation whether belonging to Company or not, cause Passenger to disembark the Vessel temporarily or permanently, and Passenger shall have no claims against Company in such circumstances.

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

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

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

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

12. PAYMENT BY PASSENGER AND EXTRA EXPENSES Any and all payments by Passenger to Company shall be made in currency of the Commonwealth of Australia or such other currency acceptable to Company. All charges for services and products provided on board the Vessel must be settled in cash or charged (via credit card acceptable to Company) before Passenger's final disembarkation from the Vessel. Any other expenses incurred by Passenger or by Company on behalf of Passenger shall be payable by Passenger on demand.

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

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

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

16. CHOICE OF FORUM ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE BOOKING, THE CONTRACT (INCLUDING THESE TERMS AND CONDITIONS), THE OWNERSHIP AND/OR THE OPRATION OF THE VESSEL, WHETHER AGAINST COMPANY IN PERSON OR THE VESSEL, SHALL BE DETERMINED BY THE CIVIL COURT IN BASEL, SWITZERLAND ("ZIVILGERICHT BASEL-STADT"), TO THE JURISDICTION TO WHICH COMPANY AND PASSENGER AND ALL PERSONS IN PASSENGER'S PARTY HEREBY SUBMIT THEMSELVES, AND TO THE EXCLUSION OF THE JURISDICTION OF OTHER SWISS COURTS AND THE COURTS OF ANY OTHER COUNTRY. IF ANY ACTION IS INITIATED IN ANY COURT OTHER THAN THE COURT OF BASEL, SWITZERLAND, COMPANY AND PASSENGER AND ALL IN PASSENGER'S PARTY AGREE TO THE IMMEDIATE TRANSFER OF SAID ACTION TO THE COURT OF BASEL, SWITZERLAND, ANY ATTORNEY'S FEES AND/OR COSTS INCURRED IN SUCCESSFULLY TRANSFERRING AN ACTION BROUGHT IN ANY VENUE OTHER THAN BASEL, SWITZRELAND, SHALL BE AWARDED TO THE PARTY PROCURING THE TRANSFER AND SHALL BECOME DUE AND PAYABLE AT THE TIME OF THE TRANSFER.

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

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

19. WRITTEN NOTICES Except as otherwise expressly provided in the Contract, all written notices required by this Contract must be mailed, postage prepaid to: Scenic Cruises Holding AG, P.O. Box 4732, 6304 Zug, Switzerland.

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

IMPORTANT NOTICE
THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO THE CONTRACT OF CARRIAGE BETWEEN YOU AS THE PASSENGER WARATAH UNIPESSOAL LDA, IN RUA GARRETT 64, 1200-204 LISBON, PORTUGAL (HEREINAFTER "COMPANY") AS CARRIER WITH RESPECT TO THE M.V. "SCENIC AZURE", “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

CONDITIONS APPLICABLE TO THE CONTRACT

1. DEFINITIONS: "Baggage" means all such Passenger baggage allowed on the Vessel pursuant to the terms of this Contract which is placed in Passenger's cabin, or which has been stored in the Vessel's baggage room, holds or safe against receipt therefore at the request of Passenger. "Booking" means the booking by the Passenger of a Cruise on board the Vessel. "Company" means WARATAH UNIPESSOAL LDA, IN RUA GARRETT 64, 1200-204 LISBON, PORTUGAL "Conditions" means these terms and conditions. "Contract" means the booking confirmation and the contract for a Cruise on board the Vessel resulting from a booking, including these Conditions, as concluded between Company and Passenger through a Booking. "Conventions" means the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974, and the Protocols thereto of 1976 and 1990 (hereinafter "Athens Convention"), and, where applicable, the Strasbourg Convention on the Limitation of Liability in Inland Navigation, 1988 (hereinafter "CLNI Convention"). "Cruise" means a trip of a number of days and/or a specific itinerary contracted by Passenger with Company. "Dangerous articles" include articles such as firearms, explosives, oxygen or inflammable or combustible substances, alcohol, drugs, illegal substances, or other dangerous goods. "Passenger" means every person named on the face of this Contract and/or travelling under this Contract or occupying the cabin designated on this Contract, including their heirs, successors in interest and personal representatives. "Valuables" includes but is not limited to jewellery, money, bullion, precious metals or stones, plate or other objects of a rare or precious nature, bonds, securities, negotiable and financial instruments and /or tickets. "Vessel" means the river cruise ship "SCENIC AZURE", or any substitute ship chartered or operated or provided by Company, whether owned chartered, or operated by Company or by third parties on which Passenger may be travelling, and its tenders or any other similar means of conveyance.

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

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

4. BAGGAGE, VALUABLES AND OTHER POSSESSIONS Due to space limitations, each Passenger may bring aboard the Vessel one (1) suitcase without charge (additional baggage may be subject to an excess baggage charge). All Baggage must be securely packed and distinctly labelled with Passenger's full name, the name of the Vessel, and the cabin number of Passenger and the sailing date of the Vessel. Under no circumstances, may Dangerous Articles be taken aboard the Vessel. Any such item shall be surrendered to the Captain of the Vessel at embarkation, and may be disposed of in the sole discretion of the Captain. Pets and other animals are not allowed on board the Vessel. Hand or unlocked luggage, breakables and valuables must be hand carried by Passengers on and off the Vessel, and may not be included with check-in Baggage. Company shall not be responsible for loss or damage to such items and shall not be responsible for goods that Company would not have allowed on the Vessel, had it known of the existence thereof.

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

6. COMPANY'S LIABILITY / TIME LIMITS FOR PROPERTY DAMAGE AND PERSONAL INJURY CLAIMS (A) THE PROVISIONS AND LIMITATIONS AS CONTAINED IN THE LAWS OF PORTUGAL (INCORPORATING THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974 (THE "ATHENS CONVENTION") AND THE PROTOCOLS THERETO OF 1976 AND 1990 SHALL APPLY. (B) COMPANY SHALL BE LIABLE ONLY IN ACCORDANCE WITH THE PROVISIONS AND LIMITATIONS AS CONTAINED IN THE LAWS OF PORTUGAL INCORPORATING THE ATHENS CONVENTION AND THE CLNI CONVENTION). PORTUGUESE LAW IN MOST CASES LIMITS COMPANY'S INDIVIDUAL LIABILITY FOR DEATH, PERSONAL INJURY, AND LOST OR DAMAGED PROPERTY TO NO MORE THAN ONE HUNDRED AND FIFTYSEVEN THOUSAND (175,000) SDRs. (C) IN ACCORDANCE WITH THE AFORE-MENTIONED LEGISLATION IT IS PRESUMED THAT LUGGAGE HAS BEEN DELIVERED UNDAMAGED UNLESS WRITTEN NOTICE IS GIVEN TO COMPANY: (I) IN THE CASE OF APPARENT DAMAGE, BEFORE OR AT THE TIME OF DISEMBARKATION OR REDELIVERY; OR (II) IN THE CASE OF LOSS OR NON-APPARENT DAMAGE, WITHIN 15 DAYS OF THE DATE OF DISEMBARKATION OR RE-DELIVERY OR FROM THE TIME WHEN REDELIVERY SHOULD HAVE TAKEN PLACE. (D) UNDER THE AFORE-MENTIONED LEGISLATION ANY ACTION FOR DAMAGES ARISING OUT OF PERSONAL INJURY, DEATH, OR LOST OR DAMAGED LUGGAGE SHALL BE TIME-BARRED AFTER A PERIOD OF TWO (2) YEARS. THE LIMITATION PERIOD SHALL BE CALCULATED AS FOLLOWS (I) IN THE CASE OF PERSONAL INJURY, FROM THE DATE OF DISEMBARKATION OF PASSENGER; (II) IN THE CASE OF DEATH, FROM THE DATE WHEN PASSENGER SHOULD HAVE DISEMBARKED OR THE DATE OF DEATH, WHICHEVER IS LATER; (III) IN THE CASE OF LOST OR DAMAGED LUGGAGE, FROM THE DATE OF DISEMBARKATION OR FROM THE DATE WHEN DISEMBARKATION SHOULD HAVE TAKEN PLACE, WHICHEVER IS LATER. (E) IN NO CASE SHALL AN ACTION BE BROUGHT AFTER THE EXPIRATION OF A PERIOD OF THREE YEARS FROM THE DATE OF DISEMBARKATION OF PASSENGER OR FROM THE DATE WHEN DISEMBARKATION SHOULD HAVE TAKEN PLACE, WHICHEVER IS LATER. (F) COMPANY SHALL NOT BE LIABLE FOR LOST OR DAMAGED VALUABLES, EXCEPT WHERE SUCH VALUABLES HAVE BEEN DEPOSITED WITH COMPANY AGAINST RECEIPT FOR THE PURPOSE OF SAFEKEEPING IN WHICH CASE COMPANY SHALL BE LIABLE UP TO THE LIMIT AS PROVIDED FOR IN PORTUGUESE LAW, I.E. 2,700 SDRs. (G) WHERE ANY OF THE CONVENTIONS PERMIT COMPANY TO APPLY A DEDUCTIBLE, COMPANY MAY APPLY THAT DEDUCTIBLE. (H) IN THE EVENT IT IS DETERMINED THAT COMPANY IS NOT ENTITLED TO ALL OF THE BENEFITS OF THE CONVENTIONS, INCLUDING THE LIMITATIONS STATED ABOVE, PASSENGER MAY NOT MAINTAIN A LAWSUIT AGAINST COMPANY OR THE VESSEL, NOR WILL COMPANY OR THE VESSEL BE LIABLE, FOR LOSS OF LIFE OR BODILY INJURY UNLESS WRITTEN NOTICE OF THE CLAIM IS DELIVERED TO COMPANY NOT LATER THAN SIX (6) MONTHS AFTER THE DAY OF DEATH OR INJURY, THE LAWSUIT IS COMMENCED NOT LATER THAN ONE (1) YEAR AFTER THE DAY OF DEATH OR INJURY, AND VALID SERVICE OF THE LAWSUIT ON COMPANY OR THE VESSEL, AS APPLICABLE, IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONEYEAR PERIOD. FOR ALL OTHER CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOSS OR DAMAGE TO BAGGAGE, BREACH OF CONTRACT, OR OTHER CLAIM, PASSENGER MAY NOT MAINTAIN A LAWSUIT AGAINST COMPANY OR THE VESSEL, UNLESS COMPANY IS PROVIDED WITH WRITTEN NOTICE OF CLAIM WITHIN THIRTY (30) DAYS AFTER THE DATE OF DISEMBARKATION, THE LAWSUIT FOR SUCH CLAIM IS COMMENCED NOT LATER THAN ONE YEAR AFTER THE DATE OF DISEMBARKATION, AND VALID SERVICE OF THE LAWSUIT ON THE VESSEL OR COMPANY, AS APPLICABLE, IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE-YEAR PERIOD. IN THE CASE OF A CLAIM BY OR ON BEHALF OF A MINOR OR LEGALLY INCOMPETENT PERSON, THE TIME PERIODS DESCRIBED ABOVE SHALL BEGIN TO RUN ON THE EARLIER OF: (A) DATE OF APPOINTMENT OF A LEGAL REPRESENTATIVE FOR THE MINOR OR LEGALLY INCOMPETENT PERSON, OR THEIR ESTATE (AS THE CASE MAY BE); OR (B) THREE (3) YEARS AFTER THE DATE OF DEATH, INJURY OR DAMAGE, AS APPLICABLE. (I) CERTAIN THIRD PARTIES DERIVE RIGHTS AND EXEMPTIONS FROM LIABILITY AS A RESULT OF THE TERMS AND CONDITIONS STATED HEREIN. ALL OF COMPANY'S RIGHTS, EXEMPTIONS FROM LIABILITY, DEFENCES AND IMMUNITIES UNDER THIS CONTRACT (INCLUDING, BUT NOT LIMITED TO, THOSE ARISING UNDER THIS SECTION 6 OR APPLICABLE LAW) INURE TO THE BENEFIT OF COMPANY'S EMPLOYEES AND AGENTS, TOGETHER WITH THE VESSEL AND THE VESSEL'S TENDERS, OPERATORS, MANAGERS, CHARTERERS, OFFICERS, STAFF, CREWMEMBERS, SHIPBUILDERS AND MANUFACTURERS OF ALL COMPONENT PARTS. THESE THIRD PARTIES WILL HAVE NO LIABILITY TO PASSENGER, EITHER IN CONTRACT OR IN TORT, WHICH IS GREATER THAN OR DIFFERENT FROM COMPANY'S LIABILITY. (J) IF A WRITTEN CLAIM IS NOT MADE AND SUIT IS NOT COMMENCED WITHIN THE TIME PROVIDED IN THIS SECTION 6, THEN PASSENGER CLAIMS WILL BE EXTINCT, AND PASSENGER WAIVES AND RELEASES ANY RIGHT SHE/HE MAY HAVE TO MAKE A CLAIM AGAINST COMPANY FOR ANY SUCH DAMAGE, BODILY INJURY, EMOTIONAL DISTRESS OR INJURY OR DEATH OR LOSS. (K) COMPANY SHALL HAVE THE RIGHT AT ALL TIMES TO AVAIL THEMSELVES AND HAVE THE BENEFIT OF ANY AND ALL APPLICABLE GLOBAL LIMITATION OF LIABILITY OR EXONERATION OF LIABILITY RULES, REGULATIONS OR STATUTES, SPECIFICALLY INCLUDING FURTHER PROVISIONS OF THE STRASBOURG CONVENTION ON THE LIMITATION OF LIABILITY OF OWNERS OF INLAND NAVIGATION VESSELS (CLNI), 1988, AS ADOPTED BY PORTUGAL, AS WELL AS OF THE INTERNATIONAL CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976, WITH REVISIONS AND AMENDMENTS, IF AND AS APPLICABLE AND BY THOSE OTHER AND FURTHER LIMITATIONS OF LIABILITY SET FORTH IN THE STATUTORY AND GENERAL MARITIME LAW OF PORTUGAL, AS THE LAW GOVERNING THIS TICKET CONTRACT: SIXTY THOUSAND (60,000) SDRs (MULTIPLIED BY THE NUMBER OF PASSENGERS THE VESSEL, ACCORDING TO ITS CERTIFICATE, IS ALLOWED TO ACCOMMODATE; NOT TO EXCEED IN ANY EVENT MORE THAN TWENTY-FIVE (25) MILLION SDRs) TO APPLY TO THE AGGREGATE OF ALL CLAIMS WHICH ARISE ON ANY DISTINCT OCCASION AGAINST CARRIER, WITH RESPECT TO DAMAGES SUFFERED ON A SEAGOING VESSEL AND, AS REGARDS DAMAGES SUFFERED ON AN INLAND NAVIGATION VESSEL, NOT TO BE LESS THAN SEVEN HUNDRED AND TWENTY THOUSAND (720,000) SDRs OR MORE THAN (I) 3 MILLION (3,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF NOT MORE THAN 100; (II) 6 MILLION (6,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF NOT MORE THAN 180; (III) 12 MILLION (12,000,000) SDRs FOR VESSELS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF MORE THAN 180. A COPY OF THE ATHENS CONVENTION AND CLNI WILL BE PROVIDED BY COMPANY UPON WRITTEN REQUEST.

7. ITINERARY / RIGHT TO CHANGE / DETENTION Company will make every reasonable effort to undertake the advertised and any other agreed and offered Cruise but no Cruise is guaranteed and Cruises may be altered, delayed, amended, or cancelled subject to circumstances. If the performance of the proposed Cruise is hindered or prevented (or in the opinion of Company is likely to be hindered or prevented by war whether declared or not), hostilities, terrorist action or threat thereof, blockade, weather condition, high or low water levels, ice, labour conflicts, breakdown of the Vessel, congestion, lock operational malfunction, docking difficulties or any other cause whatsoever or if Company considers that for any reason whatsoever, proceeding to, attempting to enter, or entering or remaining at the place of disembarkation may expose the Vessel to risk of loss or damage or to be likely to delay her, Passenger and his property may be landed at the place of embarkation or at any place which Company or the Captain of the Vessel in his or her discretion may reasonably decide upon, at which place the responsibility of Company shall cease and this Contract shall be deemed to have been fully performed, or if Passenger has not embarked, Company may cancel the proposed Cruise and may refund Passenger money or fares paid in advance. Company reserves the right at its sole option and discretion, without any liability for damages or refund, of any kind to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or lengthen any Cruise, to omit or change ports of call, to arrange for substantially equivalent transportation by another vessel and/or by other means of transportation, including without limitation by coach or other land transportation alternatives, whether belonging to the Company or not, and to cause Passenger to disembark from the Vessel temporarily or permanently. Company may for any reason whatsoever cancel any Cruise or terminate the Contract at any time before departure of the Vessel, and in such event, Company's only liability will be to refund to Passenger the amount it has received for the Contract. For purposes of assisting other vessels or protecting life or property, the Captain of the Vessel has the right, at his or her sole discretion, to deviate from the Vessel's advertised or ordinary itinerary or route, to delay, advance or cancel any Cruise, to omit or change any ports of call, to tow or to be towed, to transfer Passenger and Passenger's baggage to any other vessel and/or other means of transportation whether belonging to Company or not, cause Passenger to disembark the Vessel temporarily or permanently, and Passenger shall have no claims against Company in such circumstances.

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

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

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

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

12. PAYMENT BY PASSENGER AND EXTRA EXPENSES Any and all payments by Passenger to Company shall be made in currency of the Commonwealth of Australia or such other currency acceptable to Company. All charges for services and products provided on board the Vessel must be settled in cash or charged (via credit card acceptable to Company) before Passenger's final disembarkation from the Vessel. Any other expenses incurred by Passenger or by Company on behalf of Passenger shall be payable by Passenger on demand.

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

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

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

16. CHOICE OF FORUM ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE BOOKING, THE CONTRACT (INCLUDING THESE TERMS AND CONDITIONS), THE OWNERSHIP AND/OR THE OPRATION OF THE VESSEL, WHETHER AGAINST COMPANY IN PERSON OR THE VESSEL, SHALL BE DETERMINED BY THE CIVIL COURT IN LISBON,, PORTUGAL, TO THE JURISDICTION TO WHICH COMPANY AND PASSENGER AND ALL PERSONS IN PASSENGER'S PARTY HEREBY SUBMIT THEMSELVES, AND TO THE EXCLUSION OF THE JURISDICTION OF OTHER PORTUGUESE COURTS AND THE COURTS OF ANY OTHER COUNTRY. IF ANY ACTION IS INITIATED IN ANY COURT OTHER THAN THE COURT OF LISBON, PORTUGAL, COMPANY AND PASSENGER AND ALL IN PASSENGER'S PARTY AGREE TO THE IMMEDIATE TRANSFER OF SAID ACTION TO THE COURT OF LISBON, PORTUGAL, ANY ATTORNEY'S FEES AND/OR COSTS INCURRED IN SUCCESSFULLY TRANSFERRING AN ACTION BROUGHT IN ANY VENUE OTHER THAN LISBON, PORTUGAL, SHALL BE AWARDED TO THE PARTY PROCURING THE TRANSFER AND SHALL BECOME DUE AND PAYABLE AT THE TIME OF THE TRANSFER.

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

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

19. WRITTEN NOTICES Except as otherwise expressly provided in the Contract, all written notices required by this Contract must be mailed, postage prepaid to: WARATAH UNIPESSOAL LDA, RUA GARRETT 64, 1200-204 LISBON, PORTUGAL

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

1. Contract

1.1 These terms and conditions (“Conditions”) form the basis of the contract between You and Scenic Tours Pty Limited (“Scenic”, “We”, “Us” or “Our”) (“Contract”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. Your Contract may also include additional terms and conditions applicable to a special offer or promotion, and/ or, depending on your Journey, Destination Specific Terms.

1.2 If Your Journey includes a Cruise, You will also be subject to the Cruise Conditions.

1.3 You confirm Your understanding and acceptance of the Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of the price of Your Journey. If you do not understand and accept the 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 the Conditions. Each reference to “You”, “Your”, “Guest” or “Passenger” means the person who makes the Booking and each other person covered by the Booking.

1.5 Your Itinerary does not form part of the Contract.

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

1.7 If Your Journey includes a Cruise, Your transportation on any river 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 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.

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 You before You make Your Booking;

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

(d) “Cruise Conditions” means the Operator’s conditions of carriage for a river cruise vessel, which are available on our Website and otherwise on request to Us.

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

(f) “Customer Service Contact Address” means the details for contacting Us set out in clause 14.1 of these Conditions.

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

(h) “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 15 of these Conditions.

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

(j) “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 or pandemics, 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 Australian States or Territory, or other disruption to the Journey beyond Our control.

(k) “Future Travel Credit” means a credit Issued by Us to You if We cancel Your Booking as a result of the occurrence of a Force Majeure Event under clause 5.4 of these Conditions which may be redeemed against a future booking in accordance with clause 5.4(c).

(l) “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 14.4 of these Conditions.

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

(n) “Operator” means the owner or operator of a river cruise vessel, who is a separate legal entity and business, whether or not related to Us.

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

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

(q) “Journey” means a Journey or journey package offered or provided by Us.

(r) “Journey Brochure” means the brochure for Your Journey published by Us in hard copy or electronically and includes any amendments notified on Our Website from time to time.

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

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

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

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

(w) “Website” means Scenic’s website at www.scenic. com.au.

(x) “Your Journey” means the Journey You have booked with Us, as outlined in Your Itinerary

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 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 24 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 at Our absolute discretion and if We accept, You must pay a change fee to Us for each change in accordance with clause 4.7(b) of these Conditions and any additional costs resulting from the change. Additional costs may include additional overnight accommodation required as a result of any change to Your flights.

3.11 You may cancel a Booking by sending Us written notice of cancellation at the Customer Service Contact Address. If You cancel a Booking You will be liable to pay a cancellation fee in accordance with clause 4.8 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 We determine were erroneous due to printing, electronic, or clerical error. If You make a Booking based on erroneous pricing, We will offer You the option of cancelling the Booking and receiving a refund of any amount paid by You or confirming the Booking by paying the difference between the erroneous price and the correct price, as determined by Us.

4.7 The following Fees are payable in addition to the Journey Price:

(a) If You book 21 days or less before the Journey Departure Date, You must pay a late booking fee of $50.00 per Booking.

(b) If You change Your Booking, other than by varying the 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 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 Cancellation charge

Journey/journey (per person)
commencement

91 days and over Loss of deposit
90 to 62 days 50% of Journey Price

61 days or less 100% of Journey Price

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

4.9 If using a Future Travel credit and You cancel Your Journey for any reason prior to 91 days

of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable to a cancellation charge of 100% of the Journey Price held as a Future Travel Credit, regardless of when you notify us. If the Future Travel Credit is not utilised within 24 months of the date of cancellation, the full amount will be forfeited. You may also be liable to pay cancellation fees to airlines and other third parties.

4.10 If using a Future Travel credit and You cancel Your Journey for any reason within 90 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable to a cancellation charge of 100% of the Journey Price, regardless of when you notify us. You may also be liable to pay cancellation fees to airlines and other third parties.

4.11 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 Our control, including airfares, fuel, government taxes and charges, exchange rate fluctuations or other Journey related costs or tariffs. 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. We will notify You of any such variation using the Guest Contact Details.

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

5. Cancellation, delays and changes to Your Itinerary

5.1 Your Booking is conditional on Us receiving a minimum number of Journey or cruise passenger bookings to operate the Journey and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey or Journey Departure Date.

5.2 We will use reasonable endeavours to make any decision to cancel or delay a Journey or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Journey Departure Date.

5.3 If We cancel or delay the departure of a Journey by 7 days or more before departure for any reason other than as a result of the occurrence of a Force Majeure Event:

(a) We will use reasonable endeavours to offer You the closest available Journey or Cruise departure. If the proposed alternative Journey or Cruise is:

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

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

(b) if You accept the proposed alternative Journey or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;

(c) if You do not accept the proposed alternative Journey or Cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, refund to You all monies paid directly to Us and will have no further liability to You; and

(d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares or other arrangements booked independently through or paid to a travel agent.

5.4 If, as a result of the occurrence of a Force Majeure Event, We;

(a) cancel or delay the departure of a Journey prior to the Journey start date We will:

(i) cancel Your Booking and terminate the Contract;

(ii) issue You with a Future Travel Credit to the value of all monies You have paid directly to Us for the cancelled Booking; and

(iii) not refund any amounts You have paid directly to Us for the cancelled Booking;

(b) cancel a Journey after commencement We will:

(i) cancel Your Booking and terminate the Contract; and

(ii) not refund any amounts You have paid directly to Us for the cancelled Booking;

(c) issue a Future Travel Credit to You:

(i) 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;

(ii) 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 Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours).

(iii) 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 Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours).

(iv) 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;

(v) its use for any future booking Is subject to availability;

(vi) It cannot be applied against stand-alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary

(vii) It Is not redeemable in whole or in part for cash and will expire to the extent It Is not used; and

(viii) 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.

5.5 We will use reasonable endeavours to provide the Journey You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the Journey or Your Itinerary, before or after the commencement of the Journey. Where, due to circumstances outside the Operator’s control, We are unable to provide the Journey in accordance with Your Itinerary, We will use reasonable endeavours to:

(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and

(b) provide or arrange appropriate alternative activities, transport and accommodation as required.

5.6 The circumstances in which Your Itinerary or the Journey may be altered include:

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

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

(c) road, river or weather conditions;

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

(e) Force Majeure Events;

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

(g) any other event beyond Our control.

5.7 Alterations to Your Itinerary or the Journey may include:

(a) substitution of vessels for part or the whole of a Journey;

(b) cabin changes on a vessel;

(c) additional embarkations and disembarkations;

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

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

(f) alterations to arrival and departure times;

(g) alterations to sightseeing activities; and

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

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

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

(a) if prior to Your Journey Departure Date, by phone, email or post using the Guest Contact Details or via Your travel agent; or

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

5.10 To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause 5, including without limitation any:

(a) claim for distress, disappointment or loss of enjoyment arising from the alteration;

(b) additional personal expenses incurred by You, including for food, beverages and personal items; or

(c) costs associated with any other travel arrangements affected by the changes, including any costs and expenses incurred by You for cancelling or changing those other arrangements or arising from a failure to meet a connection.

6. Your 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 and Cruise Director’s instructions at all times.

6.2 If We, the Cruise Director, the Tour Director or Our staff or any Service Provider consider You are negatively affecting Your own health, safety or enjoyment, or that of other passengers, including by refusing to comply with instructions of the Tour Director 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 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.

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 all or any portion of the

Journey Price; and
(b) You will be responsible for any costs You incur as a result of Your failure to obtain the required Documentation, including any costs associated with re-joining the 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. In the first instance You should raise Your 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.

7. Notification of General Risks

7.1 You acknowledge and agree that there are general risks associated with travelling, which are beyond Our control and We are not liable to You for any loss, cost or damage You may incur as a result of these general risks. Such general risks include:

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

(b) changes to the Journey and Your Itinerary in the circumstances described in clause 5.6 of these Conditions;

(c) forces of nature; illness; flight schedule changes or cancellations; loss of luggage; epidemics or pandemics; political unrest; accidents; acts of terrorism or other criminal acts; changes to government visa or travel requirements; or

(d) other circumstances beyond Our control.

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

8. Liability

8.1 Nothing in these Conditions or the Contract operates to exclude, restrict or modify the application of any provision of the 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.

8.2 You acknowledge and agree that We accept no responsibility and will not be liable to You (or any third party) for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with:

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

(b) any change to Your Itinerary or delays in departure or arrival times of aircraft, vessels or otherwise during the conduct of the 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 beyond Our control.

8.3 Subject to clause 8.1, but despite any other provision of the Contract, and to the extent permitted by law, Our maximum liability to You or any third party (including any claims of negligence by Us) is limited to the Journey Price You have paid to Us.

8.4 To the maximum extent permitted by law and subject to clause 8.1, 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.

8.5 To the extent permitted by law, all express or implied warranties, guarantees, representations, or terms are expressly excluded. Where the law implies any guarantee, condition or warranty which cannot be excluded, Our liability to You for breach of such an implied guarantee, condition or warranty is limited, to one or more of the following:

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

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

8.6 Subject to clause 8.1, 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 is provided by a Service Provider, in the event of any dispute or claim including for loss, damage, breach of contract or negligence arising from the conduct of the Service Provider, You must pursue Your claim directly against the relevant Service Provider.

9. Force Majeure Event

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

9.2 We may cancel or delay 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.

9.3 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.

9.4 If we cancel or delay a Journey in the circumstances described in clause 9.2:

(a) to the maximum extent permitted by law, Your sole and exclusive rights and remedies will be those set out in clause 5.4 of these Conditions;

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

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 may also use Your name and the Guest Contact Details for marketing purposes, unless You tell Us that You do not want Us to do so. You may do this by contacting the Customer Service Contact Address.

10.3 We will otherwise deal with Your Personal Information in accordance with Our privacy policy, which can be found on Our Website or provided on request.

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.

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 The Journey Brochure is valid for Journey Departure Dates during 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 Journey Director or Cruise Director will have the right to refuse Your participation if the Journey 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 ships do not have elevators, and ships that are equipped with elevators may not have elevator access to all decks;

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

(iii) requests for 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 vessel is tied up or at anchor, or on to motor coaches; and

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

(c) Our discretion: We may, in Our absolute discretion, decline Your Booking if We are of the view that:

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

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

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

(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) Shore Excursions: Shore excursions provided by independent third-party 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.

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

(e) 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 resulting missed scene or photographic “opportunity”.

(f) Smoking: Smoking is limited to designated smoking areas during 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.

(g) 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 vessels, and that We accept no responsibility, and will not be liable to You in relation to any such noise, vibration or odour.

(h) 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.

(i) Medical Services:

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

(ii) Due to the large number of passengers on board, We cannot provide a personal escort for medical visits.

(iii) We are not, and our Service Providers and the Operators are not, liable regarding the provision of any medical care You may require or choose to accept during your Journey.

(j) Currency and credit cards

(i) All purchases on board a charge to Your shipboard account. The on-board currency on river cruises is the Euro.

(ii) Shipboard accounts may be paid by Euro or credit card.

(k) Internet Service: Internet facilities are available on board your Scenic Spaceship cruise at no additional charge.

(i) Complimentary Internet service does not apply to any third-party suppliers.

(ii) Internet availability and quality may vary from country to country and can also be affected by technical issues, weather or unfavourable terrain and other factors outside Our control.

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

(l) All-inclusive beverages: If Your Journey includes an all-inclusive beverage package, the following provisions apply:

(i) all standard beverages are included in the Journey Price whilst you are on board a Scenic Spaceship. This includes beer, wine, soft drinks and standard spirits. It also includes daily replenishment of the suite minibars.

(ii) Selected items such as high-end spirits, including malt whiskey, French champagne and selected wines are not included in the package and may be available at an additional charge.

(iii) Responsible service of alcohol is adhered to by all staff on board of all vessels and We reserve the right to refuse service.

(iv) The all-inclusive beverages package does not apply to to any third-party suppliers, including in the circumstances contemplated in clause 5.7 of these Conditions.

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 (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, You should arrange medication or other alternatives to treat 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 Our reservations consultant or Your travel agent.

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

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

(vii) 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 post Journey hotel accommodation and airfares will be provided airport transfers to/from their hotel in the Journey start or end city only, on the day of the pre or post accommodation booking.

(iii) If You do not book Your flights with Us, You must ensure Your flight details are provided to Us at least 60 days before the 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 transfer are not available in all locations. Please enquire for further details.

(c) Carriers: The carriers (including airlines, rail and sea carriers used in association with the 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).

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

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

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

13.2 Sightseeing, Excursions and Special Activities on Journey

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

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

(d) Scenic Enrich: 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.

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 can 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 basis. If Your Booking is not a twin share booking We will notify You of the applicable single supplement rate (“Single Supplement Rate”), and You must pay the Single Supplement Rate for the Journey, 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 2 weeks of 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 must 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 sole 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 the place of the advertised hotel due to hotel availability issues. Any changes will be notified once confirmed with the hotel.

(b) Responsibility: Although We have taken reasonable steps to secure the most suitable hotel accommodation in the area of the 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 Russian 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.

14. Contact Details

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

Email: info@scenic.com.au

Telephone: 1300 233 053

Postal: PO Box 807, Newcastle, NSW 2300 Australia

This is the Customer Service Contact Address.

14.2 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) (Sydney 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.

14.3 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 Journey 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.

14.4 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.

15. Destination Specific Terms

15.1 Scenic Culinaire

(i) Scenic Culinaire is offered on board Scenic Diamond and Scenic Sapphire Space-Ships only whilst sailing in France.

(ii) Scenic Culinaire cooking school has limited capacity and may not be able to accommodate every guest on every cruise.

(iii) Cooking classes held in Scenic Culinaire will be hosted by your on board culinary team.

15.2 Table La Rive & Table d’Or dining

(i) Table La Rive is only available on board Scenic Diamond and Scenic Sapphire Space-Ships, in addition to all Scenic Space-Ships cruising Rhine, Main, Danube rivers.

(ii) Table d’Or is only available on Scenic Azure.

(iii) Table La Rive and Table d’Or is exclusive to guests on Diamond Deck only for cruises of 10 nights or more.

(iv) Table La Rive and Table d’Or is exclusive to guests in Royal and Junior Suites for cruises of 9 nights or less.

15.3 Royal Suite on board credit: Guests travelling in Royal Suites on a Scenic Space-Ship will receive 200 euros per suite to their shipboard account which can be used in the Wellness Centre. This is not applicable to other services whilst on board and is not redeemable for cash.

15.4 Danube Delta: Small boat exploration of the Danube Delta is subject to weather conditions and disruptions may occur.

15.5 Palais Liechtenstein: If for any reason Palais Liechtenstein is not available, another suitable venue will be substituted, in Our sole discretion, without any liability to You.

15.6 Salt Therapy Lounge: Salt Therapy Lounge is offered on the Scenic Diamond and Scenic Sapphire as well as the ships that cruise along the Rhine, Main and Danube Rivers.

15.7 Scenic Tailormade

(i) Scenic Tailormade App transforms your personal mobile device into your own personal Scenic Tailormade device. It can be downloaded from the Apple or GooglePlay stores and it is recommended you download before departure. Scenic Tailormade App will be available for use on board a Scenic Space-Ship for both on board and onshore. Features vary in Portugal. Tailormade in Portugal does not feature the River guide function and has limited self-guided Journeys available.

(ii) Entrance fees, gratuities and transportation whilst using Scenic Tailormade are not included in Your Journey/Journey Price.

(iii) Scenic Tailormade Journey/Journeys and their content cannot be guaranteed in all locations.

15.8 The number of guests will be limited to 24 guests on each coach for land Journeys over eight days in duration. Any land journey of eight days or less is considered a city extension and must be booked in conjunction with a Scenic European River Cruise. City extensions will have a maximum group size of 44 guests.

*‡Full Release Earlybird Offers

15.9 2024 Early Access

(i) All River cruise and land tour pricing and itinerary is subject to change upon release of the Full Europe River Cruise and Tours 2024 brochure.

(ii) Non-refundable Booking Deposit of $1,000 per person per journey must be paid within 7 days of making Your Booking.

(iii) If the itinerary duration is amended and additional nights are included in a tour the additional cost will be surcharged.

(iv) 2024 Prices in this publication are strictly limited and available until sold out or withdrawn.

(a) Early Access Earlybird Offers

(i) Flight Offers - All Flight offers are based on departures from Australia and are subject to availability. Offers are with an airline and in a particular class of Our choice. If that airline and/or class is not available a surcharge may apply. Flights must be booked by Scenic. Scenic reserves the right to ticket flights on receipt of full deposit. A non- refundable deposit of $1,000 per person is due within 7 days of booking. All airfare deals are subject to availability and scheduled for travel to meet the brochured Journey departure dates. Any requests outside of the Journey dates may incur seasonal surcharges as enforced by the airline.

(ii) Economy Flights to Europe Included - Economy Class Flights Included offer is up to the airfare value of $2,500 per person and is available on selected Rhine, Main & Danube, Portugal and France River cruises of 11 days or longer and is subject to availability and not combinable with other offers, excluding Super Earlybird. If the required airfare is greater than $2,500, air surcharges will apply.  

A non refundable deposit of $1,000 per person is due within 7 days of booking. A second non-refundable deposit of $2,000 per person is due by 30th September 2023 or 10 months prior to departure, whichever comes first. Offer available until sold out or withdrawn. Strictly limited suites available on set departures and subject to availability.

(iii) Fly Economy Class for $1,595 per person – Fly Economy Class for $1,595 per person offer is based on wholesale airfares in Economy class with an airline of Scenic’s choosing and are available on selected Rhine, Main & Danube, France and Portugal cruises of 8 days and is subject to availability and not combinable with other offers, excluding Super Earlybird. A non-refundable deposit of $1,000 per person is due within 7 days of booking. A second non-refundable deposit of $2,000 per person is due by 30th September or 11 months prior to departure, whichever comes first. Offer available until sold out or withdrawn. Strictly limited suites available on set departures and subject to availability.

(iv) Fly Economy Class for $995 per person – Fly Economy Class for $995 per person offer is based on wholesale airfares in Economy class with an airline of Scenic’s choosing and are available on selected cruises of 10 days or when adding a city stay or extension to a cruise of 8 days and is subject to availability and not combinable with other offers. A non-refundable deposit of $1,000 per person is due within 7 days of booking. A second non-refundable deposit of $2,000 per person is due by 30th September 2023 or 11 months prior to departure, whichever comes first. Offer available until sold out or withdrawn. Strictly limited suites available on set departures and subject to availability.

(v) Solo Travelers - Book a selected suite on selected Scenic Space-Ship departures of 11 days or longer and receive 50% off single supplement. 50% off Single Supplement is available on any suite type excluding Royal and Junior Suites and is not applicable to the land portion of the journey. The offer does not apply to Portugal river cruises and is strictly limited, available until sold out or withdrawn, and not combinable with any other offers.

(vi) Save 5% of your cruise price when booking 2 or more consecutive cruises back to back and in the same booking. Discount is based on cruise content and suite upgrades only and excludes port charges and taxes, air and any other additional items.

(vii) Dollar Discounts – Dollar Discounts off your journey price are available when you are not booking flights with Scenic. Dollar Discounts cannot be combined with flight offers. Values are based on per person, twin share in AUD, strictly limited, not combinable with other offers, excluding Super Earlybird and are subject to availability. A non refundable deposit of $1,000 per person is due within 7 days of booking. Offer available until sold out or withdrawn. Strictly limited suites available on set departures and subject to availability.