AmaWaterways.eu | 115 us at our registered office or by email at amares-intl@ amawaterways.com. Cancellation notifications must state clearly and correctly each guest’s name, ship name, start and end date of the cruise and a brief statement of the reason for cancellation. Other forms of notice are not sufficient. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable by you. The cancellation charge is a percentage calculated on basis of the total costs payable by the person cancelling not refundable in the event of cancellation. For ease of reference, deposit amounts (clause 4.2) are listed here also: 6.2 Cancellations received within 24 hours of your holiday’s start date will be deemed as trip interruption, cannot be cancelled and are 100% non-refundable. The effective date of the cancellation is the date AmaWaterways receives cancellation notice. 6.3 A change in sailing date, the substitution of a participant (outside of the terms shown in 5.2) or a reduction in the number of guests in a stateroom are treated as a cancellation in that all applicable cancellation charges apply. A reduction in occupancy is subject to single supplement charge. 6.4 You have the right to cancel your holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and which significantly affects the performance of the holiday or which significantly affects transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. This applies only where the relevant unavoidable and extraordinary circumstances are reasonably likely to continue during the period of your booked travel arrangements. As such, the right to cancel under this clause may not be exercised more than 30 days before travel. 7 If We Change or Cancel Your Booking 7.1 Once your booking has been confirmed we will make every effort to provide you with the booked travel arrangements. Occasionally, it may be necessary to amend or cancel whole or part of your holiday. We will notify you or your travel agent of any cancellation or significant alteration as soon as we reasonably can. 7.2 Independent travel arrangements (e.g. flights, airport parking, car hire, etc) that you may arrange separately do not form part of our contract with you. Should we need to make changes to your travel arrangements, we will not be liable for any amendment or cancellation charges incurred by you in respect of any such independent travel arrangements, nor any other independent purchases made in relation to your holiday. 7.3 If, before the start of your holiday, we are constrained by circumstances beyond our control to make a major change to your holiday, we will offer you the choice of either (a) accepting the changed arrangements (b) accepting an offer for an alternative holiday with comparable facilities from us, if available (we will refund you any price difference if the alternative is of a lower value) or (c) cancel your booking completely in which case we will refund you all monies paid by you. Please note that the above options are not available where any change made is a minor one. A major change may include change to a lower standard of accommodation, a change of flight or rail times of more than 12 hours, a change of departure location (save the changes between airports in the same city or conurbation) or a significant change of destination of cruise itinerary. This applies only to travel booked with AmaWaterways. 7.4 If we make a significant change or cancel less than 78 days before departure (other than for reason of non-payment of travel arrangements by you or events beyond our control (paragraph 8 below) we will also pay you compensation as detailed below: You are required to advise us within 7 days of being notified of a significant change whether you wish to: (a) accept a proposed change or (b) cancel your booking and receive a refund. If you have not notified us within 7 days, we will write to you again to obtain confirmation of your choice of the options above. If you fail to respond within a further 7 days, we will cancel your booking and refund all payments made by or on behalf of you. 7.5 Please note that compensation referred to at 7.4 above and the options referred to at 7.3 above do not apply to any minor changes. 8 Events Beyond Our Control Please note that compensation will not be payable, and we will accept no liability beyond offering you the options above where: (a) we are constrained to make a significant change or cancel your booking as a result of unusual and unforeseeable circumstances beyond our control. These circumstances will usually include but are not limited to, war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, any failure to secure flying rights, natural and nuclear disaster, fire, epidemics, health risks and pandemics and unavoidable and unforeseeable technical problems with transport reasons beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events; or (b) we cancel as a result of your failure to comply with any of the requirements of these booking conditions entitling us to cancel; or (c) we make a significant change or cancel your arrangements more than 14 weeks before departure; or (d) where the change or cancellation by us arises out of alterations to the confirmed booking request by you. 9 Post Departure Changes 9.1 If we are unable to provide a significant proportion of the holiday services that you have booked with us after your departure, we will, where possible, make alternative arrangements for you at no extra charge. 9.2 Please note that for travel booked with AmaWaterways a change in the time of your departure or return flight by 12 hours or less or a change of your departure airport between airports within 40km of each other are not regarded as major changes. 9.3 A change of accommodation to an equivalent or higher standard is also not regarded as significant nor are alterations to your itinerary which do not materially affect your holiday. 10 Delayed Return 10.1 In accordance with the Package Travel and Linked Travel Arrangements Regulations 2018, where it is impossible for you to return to your departure point on the return date of your package due to “unavoidable and extraordinary circumstances” we shall provide you with the necessary accommodation for a period not exceeding 3 nights per person. Where possible, this accommodation shall be of comparable standard to the accommodation booked by you under the package. For the purposes of this clause, examples of “unavoidable and extraordinary circumstances” include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to, or from, the travel destination. 10.2 The limitation of costs for 3 nights’ accommodation referred to above does not apply to persons with reduced mobility as defined by Article 2 of Regulation (EC) 1107/2006 and does not apply to persons of reduced mobility travelling by air and any other person accompanying them, pregnant women and unaccompanied minors as well as persons in need of specific medical assistance, provided that you have notified us of their needs at least 48 hours prior to departure. 11 Our Liability to You 11.1 We agree to perform and provide the travel arrangements which make up your booking with reasonable skill and care. If the contract you have with us is not performed or is improperly performed by us or any of our suppliers, we will pay you appropriate compensation if this has affected your enjoyment of your holiday. We will not be liable for any failure in the performance of the contract with you if this is due to: - a) The fault of yourself and/or another member of your party; b) A third party unconnected with the provision of the travel arrangements and where failure is unforeseeable or unavoidable; c) Unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; d) An event which neither we nor our suppliers, even with all due care, could have foreseen or forestalled. 11.2 Our liability to you and any member of your party, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your booking. Our liability will also be limited in accordance with and/or in an identical manner to the contractual terms of the suppliers we use in the provision of your holiday arrangements form part of your contract with us. These terms are incorporated into this contract as are; a) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail, and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation you can claim for death, injury, delay to passengers, and loss, damage and delay to luggage. 11.3 We will not accept responsibility for any services which do not form part of your contract with us. These may include any excursion purchased during the course of your holiday and any additional services or facilities which we have not agreed to arrange or provide as part of our contract with you. 11.4 You must inform us, without undue delay, taking into account the circumstances of the case, of any lack of conformity which you perceive during the performance of a travel service included in your package travel contract. 11.5 If we are found liable for loss and/or damage to your luggage or personal possessions (including money) our maximum liability to you is limited to €1,000 per person unless a lower limitation applies under this contract or by virtue of international conventions. 11.6 Where you have booked a “cruise only” holiday we do not accept liability for the costs of flights and/or any other travel arrangements in the event of changes being made to the scheduled departure or arrival times or locations of the cruise vessel. 12 Assistance by Us During the Course of Your Booking If your contract with us is not performed or is improperly performed by us as a result of a failing attributable to a third party unconnected with the provision of holiday services, or as a result of failures due to unusual or unforeseeable circumstances beyond our control the consequence of which could not have been avoided even with all due care, or as a result of an event which we or our suppliers, even with all due care, could not have foreseen or forestalled, and you suffer injury or other material loss, we will offer to provide you with prompt assistance as is reasonable in the circumstances. If you or any member of your party suffers during the course of your holiday any difficulty as a result of any activity which does not form part of your contracted holiday arrangements, we will offer you prompt assistance without undue delay. Such assistance may include assisting you in making communications and helping you to find alternative travel arrangements. If the difficulty is caused intentionally by you or as a result of your negligence, we may charge a reasonable fee for that assistance which will not exceed the actual cost incurred by us. All assistance (financial or otherwise) is subject to our reasonable discretion and subject to you notifying us promptly of your need. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you recover any costs and expenses relating to the incident from a third party, you must repay us the costs and expenses we have incurred in assisting you. 13 Documentation, Passport, Visa, Immigration and Health Requirements 13.1 In order to verify that we have the correct booking information on file for our guests, we kindly ask that you complete our pre-registration process upon deposit or no later than the final payment date. You may visit our website to complete this process at: www.amawaterways. eu/check-in By checking in, you can: • Ensure that personal information is correct on all necessary travel documents • Provide important emergency contact information • Complete health questionnaire as required • Inform us of any special occasions • Sign up for shore excursions 13.2 Only after receipt of full payment, and the completion of the online pre-registration process, will access to Digital Travel Documents (including airline and/or rail confirmation information, if applicable) be provided, via email, approximately 3-4 weeks prior to departure. 13.3 The passport and visa requirements of you and your party, together with any other immigration requirements, are your responsibility and you should check these with the relevant embassies and/or consulates prior to travel. We are not in a position to obtain or verify the accuracy or completeness of any participant’s visa or other required documentation. We do not accept any responsibility if your travel is restricted or affected if you have not complied with the relevant requirements in force prior to and at the time of travel. Guests should be aware entry requirements may change without prior notice. 13.4 For Africa & Egypt itineraries we require passport information at the time of deposit, and for travel to Asia, we require passport information prior to, or at, final payment due date. For certain itineraries, empty pages may be required within your passport for visa and/or immigration requirements. Ensuring these requirements are met is your responsibility and you should check these with the relevant embassies and/or consulates prior to travel. We do not accept any responsibility if you cannot travel if you have not complied with the relevant requirements in force prior to, and at the time of, travel. 13.5 It is also your responsibility to check all compulsory and recommended health requirements, including vaccinations, prior to travel and to ensure that you are in possession of 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 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 PERIOD OF NOTICE WE GIVE TO YOU BEFORE DEPARTURE COMPENSATION TO EACH FULL FARE PASSENGER 79+ Days €0 78-43 Days €10 42-29 Days €20 28-15 Days €30 14-0 Days €40
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