114 | Terms & Conditions BOOKING CONDITIONS Your contract is with AmaWaterways Limited of Suite A, Abbots Place, Walnut Tree Close, Guildford, Surrey GU1 4RW, company number 10184331. These booking conditions, together with our Privacy Policy, Passenger Ticket Contract (which governs the cruise and travel itself) and the written information we brought to your attention before we confirmed your booking, set out the conditions of the contract between you and AmaWaterways Limited and our contractual commitments to each other. From time to time we may update our booking conditions. Should an updated version of any of the below listed conditions be supplied with your booking invoice, this will supersede the respective condition/s printed here. Definitions (a) References within the booking conditions to “departure dates” mean the date the services we have agreed to provide commence. (b) References to “you” and “your” mean the persons named in the booking (including any person or persons added or substituted subsequently). (c) “We” “Us” and “Our” mean AmaWaterways Limited. (d) References to “arrangements”, “travel arrangements” or “holiday” mean the services we have agreed to provide under your booking with us. 1 Your Holiday Contract 1.1 When you make your booking you agree that you have authority to accept and do accept on behalf of yourself and each person named in your booking, the terms of these Booking Conditions. The person making the booking (“the party leader”) must be at least 18 years of age and authorised to do so by all persons named in the booking and the parent or guardian of any party members under the age of 18 years when the booking is made. The party leader on behalf of themselves and each member of the party consents to the use of information in accordance with our Privacy Policy. 1.2 The party leader is responsible for making all payments due to us under the booking. All party members named within the booking are jointly and severally liable for all payments due under the booking. 1.3 A contract will exist as soon as we issue a booking confirmation invoice to the party leader or your travel agent. The contract is made in the terms of these booking conditions, which are governed by English law and the jurisdiction of the English Courts. You may choose the law and jurisdiction of Scotland or Northern Ireland if you are resident in Scotland or Northern Ireland and wish to do so. 1.4 Once you have received your booking confirmation invoice, please check this carefully together with all your other documents we or your travel agent have sent to you. If any of the information contained within any of these documents is incorrect or incomplete, please notify us immediately in writing as it may not be possible to make later changes to it. We cannot accept any liability for inaccuracies caused by the person making the booking, nor if we are not notified of any inaccuracies within 7 days of issue of the booking confirmation invoice. 1.5 We reserve the right to refuse to accept bookings at our absolute discretion without stating the reason for doing so. 1.6 When you book your holiday it may not be possible to confirm air or rail arrangements. Your confirmation invoice will set out the arrangements reserved for you and/or any provisional reservations or those arrangements we plan to reserve for you. Some airlines charge for luggage separately and some flights may be indirect. Travel arrangements, including but not limited to schedule and routing, may also be subject to change by airlines and/or rail operators at any time and without notice. We can accept no liability for such changes. 1.7 We cannot confirm any specific airline or rail seat numbers and reserve the right to make changes to your flight and/or rail times but will notify you of any such changes as soon as possible. 1.8 All guests under the age of 18 are to be in a stateroom with an adult and must remain supervised at all times; their safety is the responsibility of the accompanying adult(s). In the case where a triple or quad occupancy stateroom is not available or not selected, children under the age of 10 at the time of embarkation may share a stateroom with two adults only in circumstances where the child is able to share the bed with the adults – no additional bed will be provided. Please be aware that balcony staterooms of any kind may be unsafe for minors if left unsupervised.. There is a minimum age limit of 4 years old, unless otherwise agreed upon by AmaWaterways. On our Africa Safaris & Wildlife Cruise programme, due to safety precautions, there is a minimum age limit of 12 years old, unless otherwise agreed upon by AmaWaterways. AmaWaterways does not provide child-specific programs or child-minding facilities. 1.9 Participants With Disabilities: Because the tours offered occur in various countries, accessible facilities may not be available on board or in many places visited on the cruises and cruise tours we offer. If guests have a disability and reasonable accommodation may enable them to use the services, guests are requested to let us know how they believe we can help. Guests are requested to inform us in writing, at time of or immediately after making the reservation, but in any event as early as possible, of any mobility impairment or other condition, whether physical, emotional or mental, which may require accommodation or use of an assistive device during the travel. A reasonable effort will be made to accommodate special needs, but we are not responsible for denial of service by Carriers, hotels, or other independent Suppliers. Depending on applicable law, a participant, who, due to impairment, is not self-sufficient, may need to travel with a companion who shall take responsibility for assistance needed during travel and in case of emergency. An individual with a disability that would result in a direct threat to the health and safety of others or to that individual may be excluded, if it is determined there is a significant risk that cannot be eliminated or reduced to an acceptable level by reasonable accommodations, policies, practices, procedures assistive devices or services. We shall have no liability to a participant relating to any condition, treatment, failure to inform us of an impairment, or resulting exclusion. 1.10 Due to medical safety guidelines, we are unable to accommodate passengers who will enter their 24th week of pregnancy by the time of the cruise. 1.11 Medical doctors are not available on any vessel. If medical services are required, efforts to contact local medical providers will be made. A participant requiring such assistance is solely responsible for all related charges. We will not be responsible or liable for sufficiency of our efforts to reach medical providers, nor for the availability, delay, quality or other aspect of any such services. Participants are encouraged at time of booking and well before departure, to review their health and medical conditions and insurance and consult their health care and insurance providers regarding needs and scope of coverage for any incident or need that may occur during travel, and to obtain supplemental health and medical insurance for the travel, as needed. 1.12 Smoking is only permitted on the ship’s Sun Deck in the designated smoking area. 2 Special Requests 2.1 If you have a special request, please advise us or your travel agent at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part. We are unable to accept bookings which are conditional upon a special request being met and all bookings accepted by us will be treated as not being conditional on the provision of such. 2.2 Special dietary requests must be provided to us at time of reservation. An effort will be made to meet the request, but we cannot assure the request can be accommodated. We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part. We are unable to accept bookings which are conditional upon a special request being met and all bookings accepted by us will be treated as not being conditional on the provision of such. 3 Financial Protection 3.1 We provide full insolvency protection for our package holidays which do not include flights by way of a bond held by ABTA Ltd of 30 Park Street, London SE1 9EQ, telephone: 0203 7588779, email: customerprotection@ abta.co.uk. Our ABTA membership no. is Y6393. Please visit www.abta.com for further information. 3.2 Republic of Ireland customers’ prepayments are protected by the Irish Topp policy subject to the terms and conditions of the policy. In the unlikely event of financial failure please contact the t&g on 00 44 (0)207 065 5300. A copy of the policy is available on request from your travel organiser. This policy is provided by Travel & General Insurance Services Limited (t&g), registered number 02527363 and underwritten by Accelerant Insurance Europe SA UK Branch (Accelerant), an insurance company which is authorised and regulated by the Prudential Authority (Ref. 940712). 4 Holiday Price 4.1 We reserve the right to alter the prices of any of the holidays shown on our website. You will be advised of the current price of the holiday you wish to book before your contract is confirmed. 4.2 To confirm a reservation we require payment of a cruise deposit, along with deposit/s based on itineraries and products selected. You will be advised of the deposit amount specific to your package at time of booking. Deposits for specific products are listed along with their accompanying cancellation fees in Section 6 below. The balance of the price of your travel arrangements must be paid by the date shown on your booking confirmation invoice; usually 90 days before the commencement of AmaWaterways services. For bookings made within the balance due date, the total price of your holiday is payable at the time of booking. If the deposit and/or the balance is not paid in time we reserve the right to cancel your travel arrangements, subject to fees as outlined in our cancellation terms (Section 6). Any monies paid to any travel agent in relation to your booking are held by the travel agent on our behalf at all times. 4.3 Unless stated otherwise, the price of your holiday includes all of the component parts described within your booking confirmation invoice. 4.4 Not included in the price of your holiday is travel insurance, additional baggage charges, gratuities and any food or drink or additional excursions or activities which are not confirmed as being part of your holiday arrangements. Additionally, any items or services purchased on board, unless specifically stated. 4.5 Changes in the cost of the following mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure date. • The price of transportation resulting from the cost of fuel or other power sources; • The level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of your holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or • The exchange rates relevant to your package. 4.6 You may be charged for the amount of any increase in accordance with this clause plus the administration charge of €1 per person. However, if this means that you have to pay an increase of more than 8% of the total price of your confirmed holiday (excluding any insurance premiums, amendment charges and/ or additional services or travel arrangements) you will have the option of (i) accepting the price increase and paying the requested amount (ii) accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price) or (iii) cancelling your holiday booking and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements which do not form part of your package. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days of the issue date printed on your final invoice. 4.7 Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you. However, please note that travel arrangements that are purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. 5 If You Change Your Booking 5.1 If, after we have issued a booking confirmation invoice to you, you wish to change your travel arrangements, we will do our best to make these changes, although it may not always be possible to do so. Your request to change your booking must be made in writing by the party leader. You will be asked to pay an administration charge of €25 per person, plus any costs we may incur in making this alteration. If travel arrangements are changed, price may be reassessed based on current prices on the date you make the change. The price may not be the same as when you first made your booking. Changing your booking to a different itinerary or sailing date constitutes a cancellation and rebooking; see Section 6 below. 5.2 If you or any member of your party is prevented from travelling, that person may transfer their place to someone else subject to the following conditions: a) That person is introduced by you and satisfies the conditions applicable to the booked holiday; b) We are notified in writing of the request for transfer not later than 32 days before departure; c) You pay the outstanding balance payment, and the amendment fee of €25 per person transferring, as well as any additional fees, charges and other costs arising from the transfer; d) The transferee agrees to these booking conditions, and all of the terms of the Contract between us. e) Charges amounting to the full cost of any transferred flight and a replacement flight will be imposed in the event of any transfer. 5.3 You and the transferee will remain jointly and severally liable for the payment of all sums. If you are unable to find a replacement, the cancellation charges set out in clause 6.1 will apply in order to cover our estimated costs. Otherwise, no refunds will be given to passengers not travelling or for any unused service. 5.4 Any discount you received when you made your original booking may be altered or reduced when changes are made if this discount had subsequently been altered, reduced or withdrawn. 5.5 If you have paid accommodation supplements and the number of people in your accommodation changes you may have to pay extra. 5.6 Any changes to your dates of travel, airport, transportation, destination, accommodation or length of travel must apply to all members of your booking. 5.7 If you wish to make a name change to a booking including a flight and/or rail journey booked through AmaWaterways, and such change is not permitted by the airline/rail operator, it may be necessary to cancel your ticket for all guests and for you to pay the full cost of another ticket, which may not be the aboard the same service or at the same cost. 6 If You Cancel Your Booking 6.1 If you, or any member of your party, cancel your travel arrangements at any time, written notification from the person who made the booking must be received by DEPOSIT AMOUNTS & CANCELLATION CHARGES - PER PERSON Product Deposit Amount CANCELLATION CHARGES 121 Days + 120-90 Days 89-60 Days 59-32 Days 31 Days or Less Cruise & Land: Europe, Colombia & Asia €320 €160 €320 35% of Total Price 50% of Total Price 100% of Total Price Cruise & Land: Egypt €960 €480 €960 Cruise & Land: Southern Africa €1.920 €960 €1.920 Rwanda Extension €1.304 Deposits are 100% non-refundable from the time of booking. Costs above the deposit amount form part of Cruise & Land package and are chargeable as per the timelines listed above. Golden Monkey Permit €87 Concierge Golf Programme €320 Extra Night Hotel €35 Flight & Transfer Packages Amounts vary by itinerary. Advised at time of booking 100% non-refundable from time of flight booking, less any costs recovered from airline(s). Rail & Transfer Packages Intra-Air (i.e. any flight included within a Cruise & Land Package) CANCELLATION CHARGES PROTECTED topp
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