AmaWaterways.eu | 113 compulsory and recommended health requirements, including vaccinations, prior to travel and to ensure that you are in receipt of all and any necessary vaccination certificates and other health documentation. The costs of obtaining any such documentation are your responsibility and we are unable to accept any responsibility or liability if your travel arrangements are affected as a result of the failure to do so by yourself or any member of your party. 13.6 You must provide us with full details of any existing medical conditions, allergies or disabilities that may affect your travel arrangements (including, in particular, any accommodation requirements) at the time of your booking. If in our reasonable opinion your chosen travel arrangements are not suitable for your medical condition or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical condition or disability we may also cancel the booking if in our reasonable opinion, the travel arrangements are not suitable, or you are not travelling with someone who can provide all assistance reasonably required. If we cancel your booking as a result of this, the cancellation charges set out in Clause 6.1 above will apply. 13.7 Information on foreign travel is provided and regularly updated by your local government. Please always check travel advice from your country for the destinations you are travelling to before departure. 13.8 If we are required or asked to reissue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you. 14 Denied Boarding Regulations and Transportation Delays 14.1 If any flight you have booked is cancelled or delayed, your flight ticket is downgraded, or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If your airline does not comply with these rules you should complain to the Civil Aviation Authority on 0330 022 1500 www. caa.co.uk. 14.2 Unfortunately, flight or other transport delays sometimes occur. Depending on the length of the delay and surrounding circumstances, the carrier concerned should provide refreshments when and where appropriate. We are generally not in a position to provide any assistance in the event of flight or other transportation delays and cannot accept any liability except where expressly stated in these Booking Conditions. 15 Insurance 15.1 You may wish to take out suitable insurance for all your needs before you travel. We cannot be held responsible for any costs you may incur as a result of failing to do so. 15.2 If you take part in activities whilst travelling that have been organised and arranged independently of us, participation is at your own risk and it is your responsibility to ensure that you have obtained the relevant insurance. 16 Your Responsibilities and Behaviour Whilst on Holiday 16.1 As part of your booking with us, you are accepting liability for any loss or damage caused by you or any member of your party during the course of your holiday. Payment for any loss or damage must be made to us or our supplier at the time that it occurs or as soon as is reasonably practicable thereafter. If the cost of the loss or damage is not known at the time, we will reasonably estimate it. If the cost of replacement or repair exceeds the estimate paid, you must pay the difference and if it is less, the difference will be refunded to you. You will also be responsible for, and agree to indemnify us, in respect of any claim subsequently made against us and all costs incurred by us (including our own and any other party’s full legal costs) arising from your actions. 16.2 You are also responsible for the behaviour of yourself and other members of your party. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member/s of your party by terminating your travel arrangements if yours or their behaviour is or is likely to be, in our reasonable opinion or in the reasonable opinion of our suppliers, disruptive, upsetting or dangerous to yourself or anyone else, or if you or any member of your party have caused or are likely to cause damage to property. In these circumstances, we will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your travel arrangements due to such unacceptable behaviour. In this situation we will have no further responsibility for you or any other member of your party (including any return travel arrangements). If your behaviour means that you are not able to board your outward flight, we will treat your booking as cancelled from that moment and you will have to pay the full cancellation charges referred to in Clause 6.1 above. 17 Excursions and Activities and Resort Information Excursions, tours or other activities that you book or pay for whilst you are on holiday do not form part of the travel arrangements provided by us. Your contract will be with the operator or provider of that excursion, tour or activity and not with us. We are not responsible for the provision of the excursion, tour or activity or anything that may happen during the course of its provision by the operator. We do not accept any liability in relation to any such excursion, tour or activity and these Booking Conditions do not apply to them. 18 Mooring, Docking and Adverse Weather Water Conditions Occasionally, changes to your itinerary may be necessary due to adverse weather conditions, high or low water levels, mooring restrictions and lock closures. In some instances, it may be necessary in the interests of safety for sundeck access to be restricted or closed. In addition, it may sometimes be necessary for vessels to dock alongside each other resulting in partially or totally obstructed views. Unfortunately, these are events outside of our control and we can accept no liability for them. 19 Local Charges & Tourist Taxes Unless we have stated that a local service or facility is included or free in our accommodation description, you may be asked to pay a charge locally, for example, local tourist tax, room services (e.g. minibar), health and beauty treatments, snacks, drinks, etc. Tourist taxes may be payable by you when you check out of your holiday accommodation. 20 Local Health & Safety Standards You should be aware that it is the standards and health and safety requirements of the country in which the services which make up your travel arrangements are provided which apply and not those of your home country. These standards will be different to those of the your home country and may sometimes be lower. 21 Our Website, Brochure and Advertising The information contained in our website, brochure and advertising material is our responsibility and to the best of our knowledge and belief it is correct at the time of publication. Occasionally errors may occur, and information may change, and you must therefore check all the details of your travel arrangements at the time of booking 22 If You Have a Complaint 22.1 In the unlikely event that you have cause to complain during the course of your travel arrangements with us, you must bring it to our attention immediately. If your complaint is not resolved then you must repeat your complaint in writing within 28 days of the end of your travel arrangements with us by writing to us at our Registered Office or emailing us at customerrelationsintl@amawaterways.com. You must provide any booking reference and all other relevant information to enable us to fully investigate your complaint. Any complaints which do not involve death, personal injury or illness and which are not made in accordance with this procedure we are unable to accept liability. 22.2 We are a member of ABTA, membership no. Y6393. Through our membership we can offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with your holiday. Further information on the ABTA Code of Conduct and the arbitration scheme can be found at www.abta.com/ consumer-services. 22.3 The arbitration scheme is arranged by ABTA and administered independently by the Centre for Effective Dispute Resolution. It provides a straightforward and inexpensive method of arbitration on documents alone with restricted liability in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. 22.4 The scheme does not apply to claim for an amount greater than £5,000 per person and there is a limit of £25,000 per booking. It does not apply to claims in respect of physical injury or illness. The scheme can deal with compensation claims which include an element of minor injury or illness, subject to a limit of £1,500 per person that can be awarded by the arbitrator. 22.5 The application for arbitration and statement of claim must be received by CEDR Solve within 18 months from the date of return of the holiday. Outside this time limit, arbitration may still be available under the scheme if the company agrees but the ABTA code does not require such agreement. 22.6 For injury and illness claims, you may use the ABTA/CEDR Solve mediation procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. Details can be provided on request or from www.abta.com. 23 Data Protection In order to process your booking and to make sure that your holiday arrangements run smoothly, we need to pass the information which you provide on to relevant suppliers such as airlines, transfer companies, hotels etc. The information which we provide may also be provided to credit checking companies and public authorities such as customs and immigration if required by law. Where your holiday is outside the European Economic Area (EEA), controls on data protection may not be as strong as they are in the UK. However, we will not pass your information on to any person who is not responsible for part of your holiday arrangements. If we cannot pass your information on to relevant suppliers, we cannot provide your booking, therefore in making this booking, you consent to your information being passed on to them. Your data controller is: AmaWaterways Ltd. You are entitled to a copy of your information held by us and if you would like to see this, please ask us. It may be necessary to make an administration charge for providing this to you. Please refer to our Privacy Policy at www. amawaterways.eu/privacy-policy and which forms part of these booking conditions. YOUR KEY RIGHTS UNDER THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018 General The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to the packages. AmaWaterways Limited will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, AmaWaterways Limited has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent. KEY RIGHTS UNDER THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018 • Travellers will receive all essential information about the package before concluding the package travel contract. • There is always at least one trader who is liable for the proper performance of all the travel services included in the contract. • Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent. • Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs. • The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs. • Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate. • Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package. • Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee. • If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem. • Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed. • The organiser has to provide assistance if the traveller is in difficulty. • If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. AmaWaterways Limited has taken out insolvency protection with the following entities: For flight inclusive holidays: Civil Aviation Authority of 45-59 Kingsway, London WC2B 6TE, www.caa.co.uk, telephone: 0330 103 6350, email: claims@caa.co.uk For package holidays that do not include a flight: ABTA – the Travel Association at 30 Park Street, London SE1 9EQ, www.abta.com, telephone: 0203 7588779, email: customerprotection@abta.co.uk By confirming the reservation with payment, the guest/ travel agent acknowledges that they are aware of and will comply with these Terms. For the most current version of the General Information and Terms, which will supersede the Terms and Conditions published in any of our brochures in the event of a conflict and any prior oral, implied, written or other representation or agreement between you and us, please visit www. AmaWaterways.eu. THE PACKAGE TRAVEL & LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018 Can be found at: www.legislation.gov.uk/ uksi/2018/634/contents/made THE PASSENGER TICKET CONTRACT The full Passenger Ticket Contract can be found at: http://www.amawaterways.eu/terms-conditions All ship transport is provided according to the terms and conditions of the Passenger Ticket Contract, which is sent at the time of booking, is included in the digital travel documents sent prior to the cruise and is available for review at www.amawaterways.eu. The Passenger Ticket Contract establishes limits of liability, limits on claims, and time limits for making claims, as well as other restrictions, limits and disclaimers of carrier’s liability for your death, illness, injury, or damage claims relating to baggage or personal property. It is governed by Swiss law and incorporates provisions and limitations under the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974, and the protocol to the convention relating to the carriage of passengers and their luggage by sea, 1976, the International Convention on Limitation of Liability for Maritime Claims, 1976, and the Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels, 2012. Venue for litigation of any disputes under the passenger ticket contract is exclusively in the courts of Basel, Switzerland. CARRIER INFORMATION For vessels flying the Swiss flag, the Carrier is AmaWaterways GmbH, an entity organised under the laws of Switzerland. For vessels in Portugal, the Carrier is DouroAzul, Sociedade Maritimo Turistica S.A, an entity organised under the laws of Portugal. For vessels in Egypt, the Carrier is a partnership between AmaWaterways LLC and Wings Tours & Nile Cruises, an entity organised under the laws of Egypt. For the vessel in Vietnam, the Carrier is Indochina Waterways, an entity organised under the laws of Vietnam. For vessels in Colombia, the Carrier is AmaMagdalena S.A.S., an entity organised under the laws of Colombia. For the vessel in Namibia, the Carrier is Zambezi Queen Holidays PTY Ltd, an entity organised under the laws of Namibia. For a complete and up-to-date listing of the registry and Carrier for each vessel, visit http://www. amawaterways.eu/CarrierInformation.
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