EMERALD WATERWAYS IS A BRAND OWNED AND OPERATED BY SCENIC TOURS (USA), INC. ANY REFERENCE HEREIN TO “EMERALD” REFERS TO SCENIC TOURS (USA), INC. BY BOOKING A TOUR, CRUISE OR OTHER VACATION PACKAGE WITH EMERALD AND PAYING THE BOOKING DEPOSIT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS, WHICH CREATES A BINDING CONTRACT BETWEEN EMERALD AND YOU, THE CUSTOMER. PLEASE READ THIS CONTRACT CAREFULLY, AS IT CONTAINS IMPORTANT TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, PENALTIES FOR CANCELLATION AND SPECIFIC LIMITATIONS ON OUR LIABILITY.
1. General. Emerald operates tours within the United States, and serves as a booking agent for tours operated by third-party service providers (“Providers”) in other countries. Emerald reserves the right to provide the tour or any portion thereof either directly through its own personnel or through third party service providers. You hereby acknowledge and agree that where any tour or part of the tour, accommodations, flights or any other goods or services are provided by a third party (collectively, “Third Party Services”) and not directly by Emerald Waterways, Emerald is not liable for any dispute or claim with respect to or arising from any Third Party Services including, without limitation, any losses, damages, breach of contract, negligence or other claims or damages arising from the acts or omissions of the Providers thereof and, therefore, you are required to pursue any such claims solely against the relevant Provider.
2. Important Travel Information. You acknowledge and agree that there are general risks associated with traveling, which are beyond Emerald’s control and, as such, Emerald is not liable for any loss, cost or damage you may incur as a result thereof. Such general risks include, but are not limited to, tour variations or interruptions caused by road, river or weather conditions; national or local holidays affecting the closure of public buildings and attractions; strikes, civil disturbances and advices by governments, and other Force Majeure Events (as defined below); hazards associated with traveling in undeveloped areas; travel by boat, train, automobile, aircraft and other means of transportation; high water levels; low water levels; flooding; lock closures; unscheduled vessel or vehicle maintenance or for any other circumstances beyond Emerald’s control; 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; and any changes to government visa or travel requirements. Furthermore, it is your sole responsibility to make your own inquiries regarding your trip, including any relevant government travel safety warnings.
3. Travel Insurance. You are urged to arrange comprehensive travel insurance to cover any unforeseen circumstances that may occur during the tour. Emerald is not liable in any regard for your failure to adequately insure yourself, and you agree to indemnify and hold Emerald harmless for any expenses or delays incurred as a result of your failure to adequately insure yourself. For your convenience, Emerald offers its clients the opportunity to purchase travel protection through TripMate, Inc. We act as a broker. Once purchased, the Travel Protection Plan premium is non-refundable.
4. Tour Price. The “Tour Price” is the total amount listed on your itinerary. All Tour Prices are quoted in U.S. Dollars. Emerald reserves the right to vary Tour Prices at any time, in its absolute discretion, to account for any increase in costs, including but not limited to airfares, fuel, government taxes and charges, exchange rate fluctuations or other tour related costs or tariffs. If Emerald has received the full amount of the Tour Price from you, there will be no increases to your Tour price, regardless of any increases in the tour costs inside or outside of our control. If you have not paid the full amount of the Tour Price, and we must vary your Tour Price due to an increase in tour costs outside of Emerald’s control, any increase Emerald applies to the Tour Price will be only to the extent required to meet such additional costs. Emerald reserves the right not to honor any published prices that Emerald determines were erroneous due to printing, electronic or clerical error.
5. Items Included in Your Tour Price. Subject to the conditions and limitations set forth herein, the following items are included in the Tour Price provided that they are expressly listed on your itinerary:
Intercity Travel. By motorcoach (bus) or by cruise (boat).
Air Travel. Although designated air travel may or may not be included, you are responsible for timely arrival at the gateway for your tour. Failure to arrive at the gateway in a timely fashion may result in cancellation of your tour and loss of the Tour Price. Internal flights may be included if listed on your itinerary.
Tour Director. All tours are conducted in English by a professional cruise or tour director.
Accommodations. Tour Prices are per person, based on two persons sharing a room with a private bath or shower. Single accommodations are available on some, but not all, tours for a single supplement rate, payable at the time of booking. If at any time during the tour you consider your rooming partner to be unsuitable, Emerald will attempt to arrange single accommodation for you for the remainder of the tour, subject to availability. Details of price and availability of single accommodation can be obtained at the time of booking. Floorplans and deckplans are indicative only and are not drawn to scale. Pictures of hotel rooms or cabins may not represent the actual accommodation provided during the tour. Special room requests (smoking/non-smoking, adjacent, connecting or lower- floor rooms, as examples) must be made at time of booking. Special hotel room requests are not guaranteed and are based on a first
come first served basis and are subject to availability at time of check-in. Emerald reserves the right to substitute hotel accommodations of a similar standard in place of any advertised hotel. Emerald is not responsible for the size or quality of the hotel rooms provided. Tour Prices are based upon the cabin categories listed on the itinerary. Upgrades are subject to availability and require payment of additional fees. Emerald cannot guarantee the availability of pre- and post-tour accommodations.
Airport Transfers. Airport transfers are available only on the first and last day of your tour and at times designated by Emerald. Transfers outside these times will be at your expense and must be secured by your own arrangements. Passengers who have purchased hotel accommodation and airfare from Emerald prior to tour or after tour will be provided with airport transfers to or from their hotel. If your airline booking is not made by Emerald, you must ensure your flight details are provided to Emerald. No refund will be given for any unused transfers. Transfers cannot be routed to other pick-up points or destinations. In the event of a missed transfer, you will be responsible for making substitute travel arrangements, at your own expense. All transfers must be booked and Emerald must be advised of all flights no less than 60 days prior to travel. Airport and ship transfers may be group transfers scheduled to coincide with multiple flight arrival times.
Meals. Only those meals identified on the itinerary are included. You must advise Emerald in writing of any and all special dietary needs at the time of booking. Emerald will make reasonable efforts to accommodate your dietary requests, but cannot guarantee that any requests can be met.
Beverages. If your itinerary includes booking on an Emerald “Star-Ship,” all standard beverages are included in the tour price during lunch and dinner while you are on board. This includes beer, wine and soft drinks. It also includes daily replenishment of specific designated cabin minibars. Selected items, such as spirits, and French champagne, are not included and will be subject to an additional charge. Otherwise, beverages will only be included when listed on the itinerary.
Sightseeing. The entrance fees for sightseeing, excursions and other places of interest that are listed are included.
“Discover More” - Optional tours. Additional activities undertaken by you such as sightseeing tours purchased by you in addition or instead of those activities outlined in this brochure are not included in your Tour Price and incur an additional cost. Additional activities are subject to availability, seasonal and operational factors. Some activities require a minimum and maximum number of participants to operate.
Gratuities/Tips. Gratuities and tips are included on tours and river cruises operated by Emerald and that are listed on your itinerary. All other gratuities and tips are the customer’s responsibility.
Sales Taxes. Sales taxes assessed by US authorities as identified on your itinerary are included in the Tour Price.
Unused Services. No refunds are available with respect of any unused services or amenities made available to you.
6. Items Not Included in Your Tour Price. The only items included in your Tour Price are those identified above and expressly identified on your itinerary. Therefore, the following items, without limitation, are not included in the Tour Price: (a) airfare not specifically included in your itinerary; (b) airline and other taxes or government charges other than the state sales taxes listed above; (c) gratuities and shore excursions on ocean cruises unless otherwise stated in the itinerary; (d) fees associated with any optional activities including entrance fees: (e) fees associated with any accommodation upgrades (if available); (f) meals not specifically included in your itinerary; (g) beverages (other than included beverages on Emerald Star-Ships.); (h) fees for laundry; (i) passport or visa fees; (j) vaccinations or other medical services or requirements; and (k) any items of a personal nature. Please note that changes to flight schedules may require additional overnight accommodation at your own expense. Any modified travel arrangements required due to illness or personal reasons are at your own expense.
Booking Deposit. You must pay the deposit listed on the itinerary (the “ Deposit”) at the time of booking your travel. Your Booking will be automatically canceled if your Deposit is not received by Emerald on or before the due date. Deposits are non-refundable and non-transferable, except as otherwise stated herein.
Final Payment. The balance of the Tour Price must be paid no later than 90 days prior to the tour departure date. Failure to pay the balance within 90 days of the tour departure date will result in cancellation of your trip and loss of the Deposit.
Bookings Within 90 Days. If you place a booking with Emerald within 90 days or less of your chosen departure date, full payment of the Tour Price is required before we can request and confirm your booking. If the tour is not able to be fully confirmed, then we will refund all funds paid to us, and Emerald will have no further obligations or liability to you in respect of your booking.
Late Booking Fee. A late booking fee of $50.00 per booking is payable on all bookings made within 21 days of tour departure.
Variation Fee. An administration fee of $50.00 is payable for each variation to your booking (except variation to the tour departure date, which will attract cancellation fees, as set out below). Emerald may choose to accept or reject your request for variation in its sole discretion.
Payments to Travel Agents. In the event you booked your tour through a travel agent, your travel agent may forward your deposit or final payment to Emerald on your behalf. Emerald is not responsible for any payments made to travel agents and, therefore, a payment to your travel agent will not be deemed a payment to Emerald unless and until such payment is received by Emerald and the funds fully clear.
8. Cancellation by Traveler.
Cancellation Notice. Cancellation notices must be issued to Emerald in writing during its regular office hours. Any changes to your tour departure date or name changes will be deemed a cancellation and the applicable cancellation fees will apply.
Cancellation Fees. In the event of cancellation, you will be liable to pay Emerald cancellation fees calculated in accordance with the following table. Please note that in the event of cancellation you may also be obligated to pay cancellation fees to third parties including, without limitation, airlines.
NO. OF DAYS’ NOTICE PRIOR CANCELLATION CHARGE
TO TOUR COMMENCEMENT (per person)
90 days and greater Loss of Tour Deposit
89-60 days 35% of Tour Price
59-30 days 50% of Tour Price
Less than 30 days 100% of Tour Price
9. Air Travel.
† Airfare From price is based on low season; a high season surcharge will apply to some dates. Applicable airline and airfare will be advised at time of airfare booking. All airfare prices are an
indication only and subject to confirmation.
Air Reservations/Ticketing. Payment in full is required for all airfares at the time of booking.
Airline Seating & Special Requests. Seats are limited in our contracted class of service and may not be available on every flight. Emerald does not hold block space on any airline and therefore does not provide any assurance of seat availability for every single tour departure date. Seat assignments and meal preferences may be requested at time of booking but remain subject to availability on a first come first served basis. Emerald does not assure any such requests will be granted. Not all airlines offer pre-assigned seats and some may impose additional charges for pre-assigned seats. Any additional charge imposed by any airline will be at your sole expense. Seating is solely under the control of the airline, as are the itinerary changes resulting from flight delays and schedule changes. Flight cancellations, delays and schedule changes are the sole responsibility of the airline and Emerald accepts no responsibility or liability for such delays or rescheduling.
Airline Fuel Surcharges, Taxes, Fees and Restrictions. All airfares quoted at the time of your booking, will be based on round trip purchase and will include air-related taxes, fees and fuel surcharges imposed by the airlines. Any additional fees charged by the airlines such as checked baggage fees, seat selections and/or any other services are your sole responsibility.
Cancellations. The cancellation fees listed above do not include any cancellation fees that may be imposed by the airlines. In cases when paper tickets are issued, no refund will be made for canceled air tickets until tickets are returned to Emerald. Non-refundable tickets cannot be refunded under any condition. Please ensure that any returned airline tickets are sent by certified or registered mail. Lost ticket replacement can take up to one year and processing fees may be assessed.
10. Tour Variations, Delays, Etc.
Itinerary Variations. While Emerald will make reasonable efforts to operate the tour in accordance with your itinerary, changes or substitutions may be necessary for reasons outside Emerald’s control or other Force Majeure Events (as defined in paragraph 12 below). At certain peak periods duplicate departures may operate, and sometimes in reverse order; hotels may also vary from those stated on the itinerary pages. On tours that include cruises, the ship may be changed due to operational reasons. Departures in early and late season are potentially operated in cool weather conditions. As a result, slight itinerary variations may occur, and certain activities may not be available due to seasonality or weather conditions. Availability of certain activities may also be limited due to itinerary variations. If your tour enjoyment may be diminished by such limitations, please check with your Travel Agent before making your reservation. Emerald reserves the right to substitute (at the nearest reasonable standard) another vessel or motorcoach for all or part of the itinerary and also provide alternative accommodation, where necessary. Emerald is not liable to you for any variations in the tour itinerary caused by Force Majeure Events.
Tour Cancellation. Your booking is conditional on Emerald receiving a minimum number of bookings to operate the tour and ensure an enjoyable group atmosphere. Where sufficient numbers, as determined by Emerald in its sole discretion, are not achieved, Emerald may cancel or suspend a scheduled departure of the tour. Emerald will use commercially reasonable efforts to provide notice of canceled or suspended tours at least 60 days prior to the scheduled departure date. Emerald will endeavor to notify you of any changes to your tour itinerary in the following manner: (a) if prior to your tour departure, by telephone, email or mail; and (b) if during your tour, personally by your Cruise Director or Tour Director. In the event a tour or cruise is canceled by Emerald for any reason prior to departure, Emerald will use commercially reasonable efforts to offer the closest available tour or cruise departure. If the replacement tour price is less than the scheduled tour, you will receive a refund in the amount of the difference or if the replacement tour is more than the scheduled tour you will be required to pay the difference. If you accept the alternative tour or cruise departure, you will be bound by these Terms and Conditions with respect to the alternative tour or cruise. If you do not accept the alternative tour or cruise departure within a period of 7 days, then this Contract will be terminated and Emerald will refund all monies that you paid directly to Emerald and Emerald will have no further liability to you. Emerald will not be liable for any third party costs you incur as a result of cancellation, including without limitation, for airfares or other arrangements booked independently through or paid to a travel agent or other third party.
Tour Delay. Where Emerald delays the departure of a tour or cruise, for whatever reason, for more than 7 days, as your sole and exclusive remedy you may terminate this Contract and Emerald will either: (a) provide you with a full refund of all amounts paid to Emerald; or (b) provide you with a credit towards future tours with Emerald which will be valid for 24 months from the date you notify us of the termination of this Contract.
11. General Notices, Conditions and Safety Matters.
Noise, Vibration and Odor. While Emerald takes reasonable steps to minimize noise, vibration and odors on the cruise ships, you acknowledge and accept that some noise, vibration and intermittent odors may be experienced on vessels and that Emerald will not be liable to you in relation to any such noise, vibration or odors.
Young Passengers. Children under 12 years old are ineligible to participate in our tours, except for applicable Christmas tours and cruises, and then only if accepted by Emerald in its sole discretion. Due to the availability of alcohol on many of our vacation packages, children and other persons under 21 years of age must be accompanied by a person over the age of 21 (an “Adult”) and must share their accommodation with that Adult.
Bus Safety. You acknowledge and agree that if you travel on a bus or motorcoach as a part of a tour, you are required to comply with any and all recommended safety requirements including, without limitation, remaining seated at all times while in the bus or motorcoach and wearing a safety belt while seated in the motorcoach. Neither Emerald nor its affiliates or Providers shall have any liability to you or any third party for any injuries, illness or death resulting from your failure to adhere to applicable safety recommendations.
Physically Challenged Guests. Emerald strives to provide a safe, enjoyable and memorable travel experience for all passengers. Sightseeing in many historic towns and cities can only be undertaken by walking tours of up to 5 km (3.2 miles), often on uneven surfaces. Some tours include mountain excursions involving high altitudes. Consequently, a reasonably adequate (and sometimes high) level of fitness is required for many of our tours. Please consult with your doctor to ensure that you have an adequate level of fitness and are in good health before participating in these included excursions. Emerald will not provide any refunds if you are not able to participate in any portion of the tour. Most transportation services are not equipped with elevators or wheelchair ramps, and cabin doors and rest rooms may not be wide enough to provide access for standard wheelchairs. Emerald will make reasonable attempts to accommodate the special needs of its physically challenged guests, but is not responsible in the event it is unable to do so. Nor is it responsible for any denial of service by vessel operators, air carriers, hotels, restaurants or other Providers. We regret that we cannot provide individual assistance to our customers for walking, dining, getting on and off vessels, motorcoaches and other vehicles, or for other personal needs. A qualified and physically able companion must accompany travelers who need assistance and must assume full responsibility for their well being. Please note that motorized scooters are not suitable on international tours, and are may not be permitted in certain countries.
Safety. Passengers must follow Tour/Cruise Director and crew instructions at all times to ensure on tour safety. You acknowledge that failure to do so will result in restricted access to areas on tour, or if necessary for your own safety and that of other passengers, withdrawal from the tour. If Emerald, or our staff or Providers are of the view you are negatively affecting your own health, safety or enjoyment, or that of other passengers, Emerald may terminate your continued participation in the tour immediately and in such event, Emerald will not be liable to you for any loss, cost or damage resulting from your withdrawal from the tour. If you are withdrawn from the tour, you must make your own travel arrangements at your own expense. You hereby acknowledge and agree that neither Emerald, nor any of its affiliates or Providers, are responsible for any damages, costs or expenses that may arise from the decision to exclude an individual from participating on all or any portion of an Emerald tour, or from any activities or accommodations on an Emerald tour.
Passport/Visas. You must have a passport valid for six months past the expected end date of your tour. It is also your responsibility to obtain valid entry visas for all countries where so required, prior to departure. Failure to obtain correct documentation may affect your participation in all or any portion of the tour. Emerald will not provide any refunds if you are not able to participate in the tour, or any part thereof. You will be responsible for any costs you incur as a result of your failure to obtain the required documentation including, without limitation, any costs associated with rejoining the tour or returning home.
Vaccinations. Immunization requirements vary from country to country. Please consult your personal physician, a local public health board or the US Centers for Disease Control and Prevention (CDC) in Atlanta (404-322-4559 or www.cdc.gov/travel). Required inoculations, if any, must be recorded by traveler’s health practitioner on a valid vaccination certificate which the traveler must carry for proof of inoculation where required.
Smoking. You acknowledge that vessels, motorcoaches and other vehicles, restaurants, hotels and other accommodations do not permit smoking. Although Emerald may attempt to provide opportunities for smoking during the tour, Emerald does not guarantee such opportunities will be available.
Sun Deck. Operation hours may be limited due to the passage of low bridges or other restrictions by local authorities.
12. Force Majeure. For the purposes of these terms and conditions, a “Force Majeure Event” means any act of God; war; terrorism; fire; flood or any other extreme weather condition; loss of power; epidemics or pandemics; industrial disputes, slow-downs or other strike activities; riots or civil disturbances; acts of government, semi-government or other authorities; inability to obtain any necessary license or consent; delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers); material shortages; or other any other disruption, delay, damage or loss resulting from any action, omission or event outside the reasonable control of Emerald. You hereby acknowledge and agree that Emerald is not liable for any delay or any failure by Emerald to perform its obligations under these Terms and Conditions resulting from or as a consequence of a Force Majeure Event. If a delay or failure occurs or is anticipated due to Force Majeure Event, Emerald’s obligations are suspended for the duration of the Force Majeure Event. Emerald may immediately terminate this agreement, if the Force Majeure Event delays performance for a period of 7 days or more, calculated from the date Emerald notifies you of the Force Majeure Event.
13. Waivers; Limitations of Liability; Disclaimers; Indemnification
Waiver of Responsibility. Without intending to limit the generality of the other limitations and disclaimers set forth herein, You hereby acknowledge and agree that Emerald accepts 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: (1) any tour risks or other aspects of the tour of which you were notified in these Terms and Conditions; (2) any change to your itinerary or delays in departure or arrival times of aircraft or otherwise during the conduct of the tour; (3) any loss or damage to your baggage; (4) any personal injury or death resulting from acts or omissions, including negligence, of any third parties providing goods or services to you during the tour, including air carriers, hotels, shore excursion operators, restaurateurs, transportation providers and medical personnel; or (5) any loss
of enjoyment by you due to circumstances outlined in these Terms and Conditions or otherwise beyond Emerald’s control. You further acknowledge and agree that, in issuing tickets and coupons for transportation of the customer by any means and making arrangements for hotel or other accommodation, Emerald is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation and, therefore, accepts no responsibility for their acts or omissions.
Limitation of Indirect and Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER EMERALD NOR ITS PROVIDERS OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM THEIR PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS CONTRACT OR ANY OTHER DOCUMENTATION ENTERED INTO IN CONNECTION HEREWITH, OR RESULTING FROM THE FURNISHING, PERFORMANCE OR USE OF ANY OF EMERALD’ S PRODUCTS OR SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusive Remedy; Limitation of Direct Damages. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY IN THE EVENT OF A BREACH BY EMERALD OF ANY OF ITS OBLIGATIONS HEREUNDER SHALL BE LIMITED TO ONE OF THE FOLLOWING REMEDIES, AS APPLICABLE: (A) IN THE CASE OF GOODS, IN EMERALD’S SOLE DISCRETION, REPAIR OR REPLACEMENT OF SUCH DAMAGED OR FAULTY GOODS WITH THE SAME OR EQUIVALENT GOODS OR THE REIMBURSEMENT OF THE AMOUNT YOU PAID FOR SUCH GOODS, OR (B) IN THE CASE OF SERVICES, IN EMERALD’S SOLE DISCRETION, SUPPLYING THE SERVICES AGAIN OR REIMBURSING THE COST YOU PAID FOR THE SUPPLY OF SUCH SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, HOWEVER, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF EMERALD AND ITS PROVIDERS AND SUPPLIERS FOR ANY CLAIMS, LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF THIS CONTRACT EXCEED THE TOTAL FEES PAID BY YOU AND ACTUALLY RECEIVED BY EMERALD WITH RESPECT TO THE TOUR OR CRUISE WITH RESPECT TO WHICH THE CLAIM AROSE. THE LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SET FORTH HEREIN SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, EMERALD MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH REGARD TO ANY OF ITS PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OR ANY IMPLIED WARRANTIES PERTAINING TO TITLE. WITHOUT LIMITING THE FOREGOING, EMERALD DOES NOT WARRANT THAT YOUR TOUR WILL BE WITHOUT DELAY, INTERRUPTION OR CHANGE.
Class Action Waiver. THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST EMERALD WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS ACTION OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST’S CLAIM IS SUBJECT TO ARBITRATION UNDER PARAGRAPH 16 BELOW, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN PARAGRAPH 16 BELOW, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
Indemnification. In consideration of the services and arrangements provided by Emerald, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Emerald and its owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with your vacation package and any activities conducted in conjunction therewith.
Acknowledgment of Waiver of Rights. Regardless of the situation or circumstances giving rise to a claim, you are hereby waiving rights and remedies that you may otherwise have under applicable law if you did not enter into and agree to be bound by these Terms and Conditions including, without limitation, limitation of remedies, waiver of warranties and limitations on your right to seek damages against Emerald and certain third parties. In consideration of participating in my vacation package, my signature on my journey application indicates that I have, on the date shown, read and understood this document and I acknowledge that it affects my legal rights and agree to be bound by its terms. My signature also signifies my intention to relieve and indemnify Emerald, its owners, officers, directors, employees, agents, contractors and subcontractors from any liability for personal injury, property damage or wrongful death which I might suffer during my participation in the scheduled vacation package.
Survival. This Paragraph 13 shall survive any termination of the Contract.
14. Recovery Fund for Consumers
CALIFORNIA. This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the Seller of Travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the Seller of Travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating Seller of Travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org.
WASHINGTON. If transportation or other services are canceled by the Seller of Travel, all sums paid to the Seller of Travel for services not performed in accordance with the contract between the Seller of Travel and the purchaser will be refunded within thirty (30) days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen (14) days after cancellation by the Seller of Travel to the purchaser unless the purchaser requests the Seller of Travel to apply the money to another travel product and/or date.
NEVADA. RECOVERY FUND FOR CONSUMERS DAMAGED BY SELLERS OF TRAVEL. You may be eligible for payment from the Recovery Fund if you have paid money to a Seller of Travel registered in Nevada for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:
SOUTHERN NEVADA: 1850 East Sahara Avenue, Suite 101, Las Vegas, Nevada 89104, Phone: (702) 486-7355, Fax: (702) 486-7371, e-mail: firstname.lastname@example.org
NORTHERN NEVADA: 4600 Kietzke Lane, Building B, Suite 113, Reno, Nevada 89502, Phone: (775) 688-1800, Fax: (775) 688-1803, e-mail: email@example.com
15. State Registrations
CALIFORNIA. Scenic Tours (USA), Inc. is registered with the State of California as a Seller of Travel, CST2113082-40 and is a participant in the Travel Consumer Restitution Fund which provides restitution in certain circumstances to guests who are residents of California. Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to have a trust account or bond. This business has a trust account in the amount of [$X].
FLORIDA. Scenic Tours (USA), Inc. is registered with the State of Florida as a Seller of Travel, Registration No. ST38992.
16. Governing Law/Jurisdiction; Dispute Resolution; Waiver of Jury Trial. All disputes arising under or in any way related to this Contract, including the enforceability and interpretation of this Contract (each, a “Dispute”), shall be governed by the laws of the State of Nevada, without giving effect to its conflicts of laws rules or principles. Any Dispute shall be submitted for binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in an arbitration conducted in Las Vegas, Nevada USA. The Dispute will be resolved by a single arbitrator selected by the American Arbitration Association. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of the law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely upon any state or federal law or statute which creates an exception to enforcement of the requirement that all Disputes be resolved pursuant to arbitration as set forth in this paragraph. If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration decision is sought, any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, this Contract shall be brought exclusively in the state and federal courts having jurisdiction in and for Clark County, Nevada, and all of the parties hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith. In connection with any action or legal proceeding arising out of this Contract, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial. This paragraph 16 shall survive any termination of the Contract.
17. Entire Agreement. This Contract constitutes the entire agreement between the parties and supersedes any prior understanding or discussions, whether oral or in writing.
18. Notices. Any questions or notices pertaining to your Booking or these Terms and Conditions shall be addressed to: Scenic Tours (USA), Inc., 20 Park Plaza, Suite 903, Boston MA 02116.
19. Waiver. Emerald may only waive a right or remedy created under these Terms and Conditions in writing. Emerald’s delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does any waiver by Emerald (either wholly or in part) operate as a subsequent waiver of the same or any other right.
20. Amendment. Emerald may make changes to these Terms and Conditions from time to time. When these changes are made, Emerald will make a new copy of the Terms and Conditions available at http://www.emeraldwaterways.com. Please review to that Web address from time to time to determine if there have been any changes.
21. Survival. Any term which is, by its nature, intended to survive termination of these Terms and Conditions survives termination.
22. Interpretation. Unless the context indicates otherwise: (1) headings are for convenience only and do not affect interpretation; (2) the singular includes the plural and vice versa; (3) a reference to a party includes its successors and permitted assigns; (4) where a word or phrase is defined, other grammatical forms have the corresponding meaning; (5) the word ‘include’ in any form is not a word of limitation; (6) no rules of construction apply to the disadvantage of Emerald on the basis that this Contract was prepared by Emerald (7) a reference to a natural person includes their personal representatives; and (8) unless specifically indicated otherwise, the word “or” is used in the inclusive sense of “and/or” and not the exclusive sense of “either/or.”
23. Third Party Rights. You acknowledge and agree that Emerald’s affiliates may be third party beneficiaries to these Terms and Conditions and shall be entitled to directly enforce, and rely upon, any provision herein which confers a benefit on (or rights in favor of) them. Other than as expressly authorized by Emerald, no other person or company shall be third party beneficiaries to these Terms and Conditions.
24. Brochure Validity. The Tour Brochure is valid for departure dates from March 1, 2015 to December 31, 2015, unless otherwise indicated on individual itineraries, and the Tour Brochure supersedes all previous Tour Brochures.
25. Independent Legal Advice. This is a legal document. If you do not understand any of the terms and conditions set forth in these Terms and Conditions or the legal implications of agreeing to any such terms or conditions, we recommend that you seek independent legal advice from an attorney or other qualified professional.
OTHER USEFUL INFORMATION
Clothing. We recommend smart casual and comfortable clothing. Please bring comfortable walking shoes for sightseeing, which includes walking over rough and uneven ground. Dinner attire is casual-open-neck shirts, slacks and dresses. Coats and ties may be worn but are not required. The Captain’s Welcome and Farewell Dinners are dressy but not formal. For winter months we recommend a warm coat, gloves, water-resistant footwear and an umbrella. Comfortable walking shoes are recommended as you will need these daily while sightseeing, which includes climbing through ruins and crossing rough ground. Closed-in shoes are recommended to keep out the dust and sand.
Laundry. Laundry services are available on river cruise ships at an additional charge. There is no dry cleaning on river cruise ships.
Internet Services. Internet Services are available on board Emerald ‘Star-ships’ and your cruise at no additional charge. Internet availability and quality may vary from country to country and can also be affected by technical issues, weather or unfavorable terrains and other factors outside our control. We do not guarantee the availability and quality of internet connections.
Dining. Dining rooms are single dining sessions, open unreserved seating. The restaurant manager is responsible for the seating arrangements.
Currency and Credit Cards. Most countries visited in Europe will use the Euro although some still have their own local currency. Many locations accept major credit cards. ATM machines are located onshore at some stops. Prior to departure passengers should confirm that their ATM card and PIN will work overseas. All purchases on board are charged to the passenger’s shipboard account. The on board currency on river cruise ships is the Euro. Shipboard accounts may be paid by Euro or by Credit Card. The onboard currency on Russian river cruise ships is the Ruble. Shipboard accounts can only be paid by credit card.
Any ticket for European Cruising including without limitation France and Russia is also subject to specific limitations of liability and time limits for making claims against the vessel owner as contained in the laws of Switzerland (incorporating the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 (and the protocols of 1976 and 1990) (“the Athens Convention”), the Central Commission for the Navigation of the Rhine Convention (“the CLNI”), the Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels, 1988 (“the 1988 Convention”) and the International Convention on Limitation of Liability for Maritime Claims, 1976 (“the 1976 Convention”), as set out in clause 6 of the Cruising Ticket Contract).
Cruise Director. An experienced English-speaking Cruise Director accompanies every departure on Emerald “Star-Ships.” They are there to ensure your comfort, answer questions and make your holiday relaxed and memorable. Cruise Directors are employed by Emerald.
On Board Language. The language on board Emerald ‘Star-Ships’ is English. All staff, crew and tour guides speak English and all announcements and lectures will be made in English
Medical Services. River Cruise Ships (with the exception of Russia) do not carry a doctor on board; however due to close proximity to land medical services can be called rapidly. Medical costs are at the passenger’s own expense. Due to the large number of passengers on board, Emerald cannot provide a personal escort for medical visits. We strongly recommend travel insurance. Neither Emerald nor its Providers are liable for providing medical care or follow-up medical care or supervision that you may require or choose to accept during the tour.
Electricity. On board electricity is 220V. A power plug adapter will be required to use small appliances such as electric shavers, clocks, mobile phone chargers, etc. Emerald does not provide the required adapters. Hairdryers and Safes are available on board the Emerald ‘Star-Ships’.
Group Sizes. The number of participants will be limited to 40 guests on each coach for land tours over nine days in duration.
Single Travelers. Early incentive offers are not combinable with reduced single supplements of E and D cabins. Single travelers offer is half the offer of twin share price.
EARLY BOOKING INCENTIVES. Early booking incentive fares are sailings subject to availability at time of booking. You must book during the specified date and at least 90 days prior to departure to receive Early Booking savings discounts/credits. This offer is not combinable with any other offer. Please note cruises and/or tours may not operate in all months. Specific tour departures are as outlined on the tour itinerary page. All bookings are subject to Emerald’s full terms and conditions.
Air Credit Offers These offers are based on airfares booked by Emerald. A non-refundable deposit of $1,500 per person is due prior to ticketing. Emerald reserves the right to ticket the airfare upon receipt of deposit. Offer cannot be combined with any other offer and may be withdrawn at any time. Offer is subject to availability of appropriate airline class and once sold out surcharges will apply.
***Taxes are defined as all airline and government taxes and surcharges. Taxes are subject to change and will be confirmed at the time of issuing air ticket. Flight Reservations Dependent 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 will apply. The flight quote including air taxes and surcharges will be confirmed once all air sectors are booked and confirmed.
Business Class Upgrade Guests have the opportunity to upgrade their International flights to Business Class from as little as $999 each way (subject to availability and pricing changes). Paid Business class travel is guaranteed on transoceanic flights only; travel in economy class may be required within North America, Europe or Asia. Business Class upgrades are subject to availability and may not be available on all sailings.
All prices herein are stated in U.S. Dollars.