TERMS & CONDITIONS - Please read carefully
The purchase of any travel services offered by Circuit Travel Pty Ltd (ABN 12 001 268 257), authorised to trade as The Globus Family of Brands (which includes the authorisation to trade as Globus, Cosmos, Monograms and Avalon Waterways) (“The Company”) constitutes a contractual arrangement between you (also referred to in these conditions as “traveller”) and The Company, and represents your acceptance of The Company’s Terms & Conditions as set out herein. Please ensure that you carefully read and understand these Terms & Conditions prior to booking. As the lead traveller, you represent and warrant that you are authorised to accept The Company’s Terms & Conditions on behalf of everyone named in your booking, and you will be deemed to have accepted The Company’s Terms & Conditions on behalf of everyone named in your booking. You are advised to check The Company’s websites or to request the latest version of the Terms & Conditions from your Travel Agent or The Company prior to booking your holiday.
Additional Terms and Conditions apply to group reservations. For group reservations, please contact your local representative of The Company or see the Travel Agent section on the website.
BEFORE YOU MAKE A BOOKING
Deposit and Final Payment
1. Except as provided in clause 5, a non-refundable, non-transferable deposit of $250 per person per land tour and $500 per person per cruise is required for The Company to reserve space for you, with some limited exceptions as noted below. The deposit must be received within 7 days of booking. On certain departures, deposits and/or passport details may be required at time of booking to hold or to confirm space for you. Your reservation will be automatically cancelled if the deposit is not received by The Company by the deposit due date. Your booking is not confirmed and payment is not deemed made until the deposit is received by The Company and The Company sends a confirmation invoice to you. Any bookings made within 21 days of your departure will incur a late booking fee of $30 per transaction. For cruise departures that feature Intra Air flights, a non-refundable, non-transferable deposit of $1000 per person per cruise is required within 7 days of booking.
2. Payment of the deposit confirms you have read and accepted these Terms and Conditions.
3. Payment of the balance in full must be received by The Company not less than 45 days before a scheduled land tour departure, and not less than 90 days before a scheduled cruise departure, or earlier if specified for the particular holiday. For bookings made within these periods, payment in full is required at the time of booking. If final payment is not received by The Company by the due date, your reservation will be cancelled and your full deposit, including SafetyNet Protection payments, will be retained by The Company.
4. Please enquire at the time of booking for acceptable forms of payment. Please review and verify your booking invoice thoroughly and contact your Travel Agent or your local representative of The Company immediately if your invoice appears to be incorrect or incomplete, as it may not be possible to make changes later. The Company cannot accept responsibility if it is not notified of invoice inaccuracies within 5 days of sending out the invoice. In the case of billing errors, The Company reserves the right to re-invoice you with correct pricing.
5. Subject to clause 6 below, you have a cooling-off period of seven (7) days during which you may cancel your holiday. Your cancellation must be made in writing to The Company within the cooling-off period. The cooling-off period will commence on the first day following the day on which you book your holiday. If you cancel your holiday during the cooling-off period your deposit will be refunded and no cancellation fee will apply. If you do not cancel your holiday during the cooling-off period, then all other of these Terms and Conditions apply.
6. No cooling-off period will apply to holidays booked less than 45 days before a scheduled land tour departure, and less than 90 days before a scheduled cruise departure, or earlier if specified for the particular holiday. For bookings made within these periods, payment in full is required at the time of booking.
7. The following deposit and/or final payment dates apply to these holidays. Please see your invoice for more information on deposit and/or final payment dates. Other final payment dates may apply to Monograms and Globus holidays listed in this brochure. Please check with your Travel Agent or your local representative of The Company prior to booking for the Terms and Conditions of those holidays.
Air Travel Inclusive Holidays
8. Additional taxes and fees may apply to your holiday price if your tour/cruise includes an intra air portion. These taxes and fees may vary depending on your itinerary. Please ask your Travel Agent or your local representative of The Company at time of reservation for more information.
9. Prices will be confirmed at the time of reservation. Prices are subject to increase without notice, subject to the guarantees set forth below.
10. Once The Company has received your full deposit for any holiday departing 01 January 2019 to 31 December 2019, that price (excluding air travel) is guaranteed, and any subsequent land/cruise cost increases are at The Company’s expense, not including surcharges, energy cost increases, air travel whilst on tour and/or any government tax increases.
11. 2020 departures are subject to price and itinerary modifications. Full details will be available in February 2019. Travellers have the right to cancel their reservation without penalty within 7 days of notification in the event of a price increase for departures in 2020.
Travellers Who Need Special Assistance on Tours and/or Cruises
12. You must report to The Company any disability requiring special attention while on tour or on cruise at the time the reservation is made. The Company will make reasonable efforts to accommodate the special needs of disabled travellers, but is not responsible in the event it is unable to do so nor responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers. The Company does not provide personal services (such as pushing a wheelchair, assisting with walking, etc.) and The Company does not provide individual assistance to a holiday participant for walking, dining, getting on and off coaches, cruise ships, and other vehicles, or other personal needs. A qualified and physically able companion should accompany travellers who need such assistance.
13. If we are not notified at time of reservation of any disability requiring special attention, The Company reserves the right to cancel your booking or terminate your holiday if your special needs or disabilities are not suitable for the holiday, pose a threat to the health and safety of other participants or personnel on board the vessel, are incompatible with other travellers, or if you are not travelling with a companion who provides all the assistance you require. The Company will not refund or cover any costs or expenses incurred for cancellation, booking, or termination of the holiday. Cancellation penalties, as above, apply.
14. Not all sightseeing stops/sites accommodate wheelchairs, and some locations and sightseeing activities require extensive standing, sitting, or walking—sometimes on unpaved or cobblestone streets. The Company will not refund or cover any cost or expense incurred for any missed activities due to a participant’s inability to fully participate with the group. Most transportation services, including the touring motorcoaches and cruise ships, are not equipped with wheelchair ramps. Although some of our ships have elevators, many of our small ships do not. Passengers requiring ship elevators should inquire before making reservations.
15. Most stateroom and bathroom doors as well as restrooms are not wide enough to allow access by standard wheelchairs, and bathrooms and other doorways may be fitted with coamings. Motorised scooters and motorised wheelchairs are not permitted on Avalon cruises. Arrangements cannot be made to carry or use these on tour or cruise and if you bring one, you will be asked to make alternate arrangements for transporting the scooter to your end destination at your expense. Collapsible wheelchairs are permitted on board, but for safety reasons, the number The Company can accept is limited and wheelchair maximum size must not exceed 1030mm/40.55in length x 555mm/21.85in wide. You must notify The Company at the time of booking of your intention to bring a wheelchair to ensure The Company can accommodate within safety regulations. Otherwise, you or your wheelchair may not be permitted on board. There is no separate storage for wheelchairs; it must be kept in your stateroom. For safety reasons, passengers in wheelchairs cannot be carried on ramps in ports where the ship is at anchor.
Visas & Passports
16. You are responsible for obtaining and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of the countries you will visit. The Company is not responsible for providing specific visa and passport information or documentation, and The Company cannot accept liability for any traveller refused entry onto any transport or into any country due to failure of the traveller to carry correct documentation. All travellers travelling internationally are required to have a passport. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of the trip. It is recommended you have a minimum of three blank pages in your passport when travelling, as many countries require blank pages. Multiple-entry visas are required for some holidays. It is your responsibility to verify all visa and passport requirements. The process of obtaining a visa and/or passport can take up to three months or more.
17. Air-conditioning in European hotels is not guaranteed and dependent upon local and national laws and regulations. Though hotels may have air-conditioning as a listed amenity, the usage of air-conditioning is often not available at night or from October-May. Other restrictions may apply. The Company has no control over air-conditioning restrictions and regulations.
Frequent Flyer & Hotel Reward Programs
18. Frequent Flyer mileage accrual is at the discretion of the airline(s), and is not always granted for airfare purchased through The Company. You will need to contact the airline(s) directly for information on Frequent Flyer Programs and any applicable reward mile accrual. The Company cannot assist with this process. Cancellation penalties, as noted above, will apply to all airfare, regardless of accrual grants. Take this into consideration before purchasing airfare.
19. Hotel rewards/points cannot be earned or redeemed with hotels used by The Company.
20. All Cruise Directors, Local Hosts, Local Guides, and ships’ crews speak English, and all holiday commentary and instructions are conducted in English only. For your safety and enjoyment, you must be able to read, understand and speak English.
21. The Company does not have specialised facilities and/or treatments for childbirth, prenatal or early infant care on board its cruise ships, nor may those facilities be available at ports of call or on land stays. The Company strongly urges pregnant travellers to consider the risks of travelling where necessary medical care for pregnancy may not be available and may not be reachable in a timely manner to address potential medical complications, problems and emergencies that can occur during pregnancy. Pregnant passengers past their sixth month of pregnancy cannot be accommodated.
22. Travellers under 18 years old on the scheduled departure date must be accompanied by an adult and share the adult’s accommodation for the duration of the holiday. There are no connecting staterooms on Avalon Waterways.
23. The following age restrictions apply to land tours and cruises:
a) Globus and Cosmos escorted holidays: children aged 8 years and over are eligible to travel. Travellers aged 8-17 receive a 10% discount on the base land holiday price, not including internal air travel.
b) Monograms independent holidays: children of all ages are eligible to travel. Land arrangements for infants under two years of age are free of charge, providing parents pay hotels directly for special arrangements (eg. Food, cot etc). In Europe, children aged 11 and under receive a 25% discount on the land tour price when sharing with an adult (not including internal air). Children aged 12-17 receive a 10% discount off the land tour price (not including internal air travel) when sharing accommodation with an adult. In South America, children aged 2-17 receive a 10% discount off the land tour price (not including internal air travel) when sharing accommodation with an adult.
c) River cruises: children aged 8 years and over are eligible to travel.
24. Young traveller discounts are based on the age of the traveller at the scheduled departure date.
25. Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a person under the age of 18 years will be travelling with an adult other than his/her parents, or with only one parent, it is recommended that a notarised letter be written by the parents, or non-travelling parent, granting authorisation to travel, including the dates of travel. We suggest that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.
Not Included in the Holiday Price
26. Airfares & airport taxes and fees (unless specified); passports; visas; vaccinations; tips to your Cruise/ Tour Director, local city guides and other ship personnel (unless specified); gratuities on ferries, trains and cruise ships (except for European cruises, where gratuities to Cruise Director and ship’s crew and port charges are included); laundry; telephone; minibar; alcohol; beverages and food not on the contracted Avalon, Globus or Monograms menu (these extra items will be billed to you before leaving the hotel, ship or restaurant); optional excursions; porterage at airports and train stations; SafetyNet Protection; insurance of any kind; baggage fees; and all other items of personal nature. Some South America countries (Argentina and Chile) require international travellers to pay entry and/or exit fees at the airport. These fees will be collected by the local government and are payable by the traveller at time of travel. Your confirmation booking will contain information about these fees. For more information please see your Travel Agent.
Acceptance of Risk
27. Please be aware that during your participation in holidays operated by The Company, certain risks and dangers may arise beyond our control, including but not limited to: the hazards of travelling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. The Company will not be liable for the provision of medical care or the adequacy of any care that may be rendered. While The Company will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a holiday and/ or optional excursions you agree that you will hold The Company harmless regarding any provision of medical care or the adequacy of any care rendered.
Acceptance of Risk – Dietary requirements
28. The Company will use its best efforts to cater for your special dietary requirements and allergies. If you have any special dietary requirements please inform The Company at the time of making your reservation. However, The Company cannot guarantee that certain products will not be in food served. The Company will not accept any liability in relation to any medical conditions, special dietary requirements and/or allergies of travellers, even if such conditions are listed in the Emergency Contact Details provided by the traveller. You must make your own decisions when selecting meals. The Company’s comments are only to assist you in making an informed decision.
Photographs or Pictures
29. Photographs or pictures appearing in this brochure/website should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to itinerary. Maps shown on the holiday pages are current at the time of printing and may not reflect the actual holiday routing should the itinerary change.
30. Many local laws require the use of seatbelts while travelling. When seatbelts are provided, you are responsible for wearing your seatbelt. The Company is not liable, nor are our service providers, for any injury, loss, damage, claims or death resulting from any accident or incident if you were not wearing your seatbelt at the time of the accident or incident when the motorcoach is equipped with them.
31. No weapons of any type are permitted on Avalon Waterways cruises at any time. This includes, but is not limited to, firearms, knives, mace, brass knuckles and other weapons of any type.
Monograms Independent Holidays
32. Please note that full details and information pertaining to Monograms independent holidays will be confirmed no earlier than October 2018.
How To Make Your Reservation
33. To make your reservation or for enquiries see your Travel Agent or contact your local representative of The Company.
Agreement to Terms & Conditions
34. Booking and payment for a tour/cruise shall constitute agreement and acceptance by the passenger of these terms and conditions which cannot be varied except in writing by an officer of the Company.
IF YOU WANT TO CHANGE OR CANCEL YOUR HOLIDAY
Cancellations and Cancellation Fees
35. If cancellation is received in writing by The Company before the final payment due date of your holiday, the non-refundable deposit will be retained in addition to any airline-imposed fees or cancellation charges. If cancellation is received in writing by The Company after the final payment due date of your holiday, the below specified per person cancellation fees apply for individual reservations. The total price specified below does not include discounts, promotions, or special incentives. (For group reservations, refer to the Group Policy. SafetyNet Protection does not apply to Group Bookings). No cancellation fee will apply to holidays cancelled within the cooling off period (see clause 5).
Standard Cancellation Fees for escorted and independent holidays:
36. 45-22 days prior to scheduled departure: 20% of total price (including SafetyNet Protection)
37. 21-8 days prior to scheduled departure: 30% of total price (including SafetyNet Protection)
38. 7-1 days prior to scheduled departure: 50% of total price (including SafetyNet Protection)
39. On scheduled departure day and later: 100% of total price (including SafetyNet Protection
40. Note: Pre-paid gratuities are not subject to cancellation fees.
Standard Cancellation Fees for cruise holidays:
41. 90-60 days prior to scheduled departure: 35% of total price (including SafetyNet Protection)
42. 59-30 days prior to scheduled departure: 50% of total price(including SafetyNet Protection)
43. 29-1 days prior to scheduled departure: 80% of total price (including SafetyNet Protection)
44. On scheduled departure day and later: 100% of total price (including SafetyNet Protection
45. Note: Pre-paid gratuities and Port Charges are not subject to cancellation fees.
Exceptions to the standard cancellation fees:
46. Other cancellation fees may apply to holidays listed in this brochure. Please check with your Travel Agent or your local representative of The Company prior to booking for the latest Terms & Conditions.
47. Cancellation fees may also apply to any additional services reserved prior to, during, and after the holiday. If flight changes (including but not limited to flight cancellations or name changes) are requested, revision fees, change fees, or airline cancellation fees will apply in addition to the above cancellation fees (see “Revision Fees” below).
48. Cancellation fees relating to insurance policies will be subject to the Terms and Conditions of the insurance provider and will incur the standard Revision Fee (see “Revision Fees” below).
49. The above cancellation charges will be applied in all cases. The Company strongly recommends you take out comprehensive travel insurance, including coverage for medical expenses, loss of luggage, and land content and airfare charges that may arise, including due to cancellation.
50. A fee of $30 per transaction will be charged for any alteration or revision made to a reservation after the deposit is made. Any revision to an air travel reservation may result in the loss of confirmed airline reservations or increased airfare which will be payable by you. Additional airline and hotel charges may also apply and may be up to 100% of the full price. A change of traveller name, holiday date, or itinerary after the final payment date will be treated as a full cancellation and new reservation; holiday cancellation fees (as above) apply.
51. Please note that any request for refunds is subject to these Terms & Conditions. No refund will be made for unused services (including early or enforced disembarkation), for unused transportation where group activity tickets are involved, or for voluntary modifications made by the traveller.
52. The Company reserves the right to cancel or reschedule any holiday departure in accordance with operational requirements or circumstances beyond its control. If a holiday is cancelled prior to the scheduled departure date, The Company’s only responsibility will be to refund the amount received for the reservation. Wherever possible, The Company will offer the same holiday with a different departure date, or an alternative similar holiday. If there is a difference in cost, it will be your expense. For air inclusive holidays, The Company will try to confirm air schedules for the selected new dates, subject to availability. The Company is not responsible for any additional costs or fees relating to the issuance and/or cancellation of air tickets or other travel arrangements not made through The Company.
53. The accommodation listed in our websites/brochures is intended to be used on all departures. However, if a change becomes necessary for any reason, substitute accommodation will be equivalent in standard to that shown. No refunds are provided for accommodation variations and full cancellation penalties as noted above apply.
BEFORE YOU LEAVE ON YOUR HOLIDAY
54. Porterage at hotels for one suitcase per person is included in the holiday price. Airport/train station porterage is not included, unless otherwise specified in your travel documents. Be prepared to carry your own suitcase on and off airplanes and trains and through airports and train stations. Regulations within most airports require travellers to handle their own luggage through customs.
55. Avalon Asia cruises with Intra-holiday Air have a baggage weight limit of 20kg (44lbs) per person. Baggage over this limit will incur additional fees which are not included in the holiday price and are payable at the airport to the airline directly.
56. Your single bag should have dimensions not exceeding 30”x21”x11” and weight not exceeding 50lbs (23kg). We regret that we are unable to accept a second suitcase or any luggage exceeding these limits on any Avalon holiday outside of Europe. Some holidays have more restrictive regulations than those listed above. Refer to your Travel Documents for more information.
57. Air carrier restrictions may vary from the limitations listed above. Size and weight limitations for carry-on and checked baggage vary from airline to airline and even according to destination. While making an air-inclusive booking, you will be provided with baggage fee information should the fare paid not include checked baggage. After booking an air-inclusive booking, up-to-date information on carrier-specific standard checked baggage allowance (including size and weight limitations), the standard allowance (and fee, if applicable) for carry-on baggage, and the standard fee for the first and second checked bag, along with the information about additional discounts that may apply depending on flyer- specific factors (e.g., frequent flyer status, credit card used for purchase, or early purchase over the Internet, etc.), can be found on the carrier’s website. The Company is not responsible for additional fees imposed by air carriers for baggage, and these fees are not included in the air-inclusive holiday price. You will be required to pay these fees directly to the airline at check-in.
58. No responsibility is accepted by The Company for loss of or damage to baggage or any of the traveller’s belongings throughout the duration of the holiday. Travellers are strongly encouraged to not bring valuables such as jewellery and large amounts of cash. Any such valuables should not be left in baggage out of the control of the traveller. Baggage insurance is highly recommended.
59. Carry-on bags should not exceed the dimensions of 12”x11”x 6”. For safety reasons, wheeled carryon bags are not suitable as hand luggage on motorcoaches and mini-buses. Carry-on bags must be small enough to store in overhead bins or under the seat in front of you on motorcoaches and other transportation.
Emergency Contact Details
60. All passengers must provide emergency contact details, passport and travel insurance information PRIOR TO TRAVEL. This includes a “Local” contact so that The Company can get in touch with friends or family in the rare case of an emergency as well as an “On Tour” contact, i.e. mobile number or email address, for use by the Tour or Cruise Director. Emergency contact details should be provided by creating a customer MyAccount at travel.globusfamily.com.au and following the instructions given.
61. Travel Documents, including e-ticket itineraries, are available by post approximately four weeks prior to departure provided full payment, emergency contact details and passport information have been received, and passengers have acknowledged the Globus family of brands Terms and Conditions, via their customer MyAccount. A service charge will be applied where multiple copies of documentation are requested. Alternatively, e-documentation may be issued.
62. Acceptance on the holiday is subject to presentation of your Tour/Cruise Member Certificate, which details the services you have purchased from The Company and which will be available in your final Travel Documents.
WHILE ON HOLIDAY
Air Travel Arrangements
63. The Company is not responsible if an airline cancels, reschedules, or delays a flight for any reason. If you purchased air through The Company, we will try to assist in making new arrangements, providing you have not already checked in with your airline for your first flight segment. After check-in, you must work with the airline directly to reach your destination or to make any alternate arrangements, including amendments to return services. Airline fees often apply for modifications to air schedules not related to airline-imposed flight cancellations, reschedules, or delays. These fees will be payable to the airline directly at time of request.
64. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by The Company for portions of trips missed due to cancelled, rescheduled, or delayed flights after airport check-in, nor is The Company responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection.
65. After departure, if the services included in the holiday cannot be supplied, or there are changes in an itinerary for reasons beyond the control of The Company, The Company will arrange for the provision of comparable services wherever possible. Any resulting additional expense will be payable by travellers and any resulting savings will be refunded by The Company to travellers.
66. Every effort is made to reserve only twin-bedded rooms. Occasionally, some hotels will only provide double-bedded rooms. These rooms will be allocated to couples where possible. Room and bed preferences may be requested, but are not guaranteed. Please note that check-in times vary worldwide and The Company cannot control or guarantee check-in times. Triple-room configuration is at the discretion of individual hotels. Payment for a single supplement ensures your own room, not necessarily a twin-bedded room. On cruises, staterooms are subject to change and are finalised upon embarkation.
67. In exceptional cases where private bath or single rooms as reserved by us are not available, refunds will be made by the Cruise Director, Tour Director, or Local Host. Claims for such refunds will not be accepted after the holiday has been completed.
Conduct During Your Holiday
68. For the benefit of everyone on your holiday, The Company has the right to accept or reject any traveller. Behaviour or conduct which is for example (but not limited to) offensive (physically or verbally), dangerous to yourself or others, criminal, discriminatory, or incompatible with the interests of other travellers or the crew will not be tolerated. You must comply with all directions of The Company and its representatives, the Captain and the crew. The Company and the Captain have the absolute right to disembark any traveller whose behaviour or conduct infringes these rules, who does not comply with directions or whose presence on the holiday affects the safety, enjoyment or well-being of any person. In such circumstances, The Company:-
a) May contact and hand you over to any relevant authority;
b) Is not liable to make any refunds;
c) Has no liability whatsoever to you;
d) Has no obligation to assist you with any onward travel or accommodation;
e) Is entitled to recover from you any cost or expense incurred.
69. Signing of a Liability Release is required on Active Discovery cruises. On the first day of the cruise, the Cruise Director will ask you to sign this Liability Release. You can view a copy of the Liability Release by visiting our website.
Optional Shore Excursions
70. For operational reasons, not all optional shore excursions listed in the cruise itinerary, in print, online, or in travel documents may be available during your holiday. Your Cruise Director will advise of availability while on cruise.
71. Optional shore excursions may be purchased 90 days in advance of travel via MyAccount. Booking conditions apply (refer to MyAccount Terms & Conditions)
Medical And Health
72. No medical personnel is present onboard the Avalon vessels. Avalon cannot guarantee the availability of medical facilities or for the quality of the care or services. Any medical attention you require while travelling with Avalon must be sought through a local medical facility, if/when available, for diagnosis. All related charges are at your expense.
73. Avalon reserves the right to remove or quarantine any passenger who show signs of illness, or who poses a threat to the safety and health of other passengers. Removal or quarantine of passengers for any health, safety or behaviour related assessment is at the sole discretion of Avalon or the Ship’s Operator or the captain. Any costs incurred for medical assessments, diagnosis and/or any other medically related charges are your responsibility to pay and are due at time of services. Passengers will be allowed to re-join Avalon with confirmed medical certification from a licensed health practitioner indicating fitness to travel without causing harm or posing a safety threat to other passengers.
Exclusion of Liability for Optional Excursions & Activities
74. These tours include the services of operators other than The Company, for example accommodation providers, airlines, other carriers, and optional tour operators (“the Suppliers”). In making your travel arrangements The Company acts only as an agent for the Suppliers who are independent contractors and are not agents, employees, or servants of, or in joint venture with, The Company or its affiliates. From time-to-time, and for the purpose of identifying those independent third-party suppliers of services as the provider of a component or part of an Avalon cruise, package or tour, some or all of those entities may utilize the name “Avalon” on promotional media, signage, or attire. Although you may see the name “Avalon” on vehicles, signs, apparel, or elsewhere during your cruise, tour, or excursion, its use by third-party suppliers is solely for the purpose of identification and does not represent or signify in any way ownership, management, supervision, or control by the Company of services that are provided by independent third party suppliers or of the employees, servants, or agents of the third-party suppliers. All certificates and other travel documents for services issued by The Company are subject to the terms and conditions specified by the Supplier, which are available on request, and to the laws of the countries in which the services are supplied. While The Company takes all reasonable care in selecting the Suppliers, to the fullest extent permitted by law, it does not accept responsibility for any act or omission of the Suppliers that takes place outside of the Company’s control.
75. Your contract for the Services will be with the Supplier and will be subject to its Terms and Conditions, which may contain exclusions or limitations of liability. The Company has no liability for any such activity or excursion or for any act(s) or omission(s) of the Supplier or for any of its employees or agents or any other person(s) connected with the Service. Any advice or assistance on or with the Service provided by any local representative does not mean or imply that the Service is sold, supervised, or controlled by The Company or that any such advice or assistance is given on behalf of The Company. Travellers are asked to check with the Supplier and the applicable Terms and Conditions before booking.
Exclusion of Liability for Cruise Itinerary Changes, Cancellations & Double Docking.
76. The Company will do everything it reasonably can to make sure everything goes according to plan, however, sometimes changes can happen which may affect your holiday experience. In the event of water level problems on stretches of any waterway, severe flood, fire, drought, earthquake, explosion, peril of navigation, mechanical difficulties, industrial action, civil unrest, war, government order or act, operational requirements, or any circumstances beyond reasonable control of The Company, The Company may cancel or vary your holiday. In some circumstances it may be necessary to operate all or part of the itinerary by a substitute vessel or by motor coach and hotel accommodation, or to otherwise cancel or alter the holiday. The Company is committed to protecting your health and safety at all times.
77. In the event of charters of the vessels, strikes, lockouts, riots or stoppage of labour for whatever cause or for any other reason whatsoever, The Company may at any time cancel, advance or postpone any scheduled sailing and may, but is not obliged to, substitute another vessel and shall not be liable for any loss whatsoever to tour/cruise participants by reason of any such cancellation, advancement or postponement.
78. The Company reserves the right to cancel, advance or postpone any scheduled tour and/ or sailing date in accordance with operational requirements or circumstances beyond itscontrol and may, but is not obliged to, substitute another vessel and shall not be liable for any loss whatsoever to holiday participants by reason of any such cancellation, advancement or postponement. In the event of cancellation by The Company, tour/cruise participants’ only right of recourse shall be to a refund of monies paid to The Company in connection with such tour/cruise.
79. Docking positions at each port are assigned by local authorities, and river cruise companies have no control over where they can dock. This can sometimes result in double-docking, when more than one ship is assigned to the same dock and the ships are rafted together, temporarily obstructing the view. Double docking may also make access to the ship more difficult. Avalon Waterways will not be responsible for any inconvenience or access problems caused by reasons of such assignment.
80. If you have prepaid your gratuities to your Tour/Cruise Director and Driver or if they are already included in the price of the holiday, this will be detailed within your Tour/Cruise Member Certificate and vouchers will be included within your Tour Documentation. Please note that included gratuities for Avalon Europe cover the cruise director, crew, local guides and local drivers and the cruise portion only; prepaid gratuities cover only the land portion operated by The Company of the tour itinerary. Where The Company sources other leading operators for cruising or rail elements of your holiday, the option to prepay local gratuities is not available.
81. Unless otherwise specified, transfers arranged by The Company are provided by independent transportation suppliers and are group transfers operated by motorcoach and may have pre-set departures times. The Company is not responsible for flight delays, delays in immigration or customs, delays due to lost baggage, or delays for any reason beyond our control if you miss your transfer. Missed transfers are non-refundable.
82. During local or national holidays or special events, on Sundays and religious occasions, certain facilities such as museums, places of worship, restaurants, sightseeing tours, and shopping may be limited or not available. Alternatives will be offered whenever possible. The Company will not be held responsible for any closures or curtailments in circumstances beyond its control.
European Christmas Markets
83. Please note that markets generally operate from late November until the third week of December. This is dependent on location and may vary from year to year. No alternatives will be offered if a Christmas market is not operating.
Smoking & Illegal Drugs
84. Smoking is not allowed on transportation that is exclusively provided by Avalon. On cruise ships, smoking is restricted to certain areas of the vessel. Smoking includes cigarettes, e-cigarettes, cigars, e-cigars or any other smoking device.
85. Many hotels, restaurant and other venues are smoke-free or have non-smoking regulations in public spaces. Smoking may be restricted to certain areas or not allowed. You are responsible to abide by all third-party smoking policies.
86. Any carriage or possession of illegal drugs will result in immediate termination of the Avalon holiday. You are responsible for knowing and observing the Licensing Laws for drug possession for all countries and states you are visiting. Repatriation is at your expense.
87. The Company assumes no liability for any loss, damage, or entry of any nature in whole or in part resulting from an Act of God or any other force majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorisation, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by The Company that impacts negatively on, or hampers, its ability to fulfil any of its contractual conditions. In the event that any of these conditions apply, The Company shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind.
88. Wi-Fi connectivity is provided by an independent third party with separate Terms & Conditions of usage and acceptance thereof. These can be found online or will be made available upon request.
AFTER YOUR HOLIDAY
Service Inquiries after the Holiday and Complaints
89. After returning from your holiday, if you wish to inquire about any services provided, please ensure that all correspondence relating to those services is received by Avalon Waterways, Client Relations, Circuit Travel Pty Ltd.
90. Should you have a complaint in respect of your holiday, you should inform your Tour/Cruise Director immediately so they may attempt to rectify the matter. Any complaint or claim involving the holiday services offered must be notified to The Company within 30 days of the holiday completion date.
91. Subject to clauses 74 to 79 above, The Company is responsible for providing the services described in this brochure/website, including arranging transportation, sightseeing, and accommodation as described. All references to The Company include its agents and employees.
92. These tours include the services of operators other than The Company, for example accommodation providers, airlines, other carriers, and optional tour operators (“the Suppliers”). In making your travel arrangements The Company acts only as an agent for the Suppliers who are independent contractors and are not agents, employees, or servants of, or in joint venture with, The Company or its affiliates. All certificates and other travel documents for services issued by The Company are subject to the terms and conditions specified by the Supplier, which are available on request, and to the laws of the countries in which the services are supplied. While The Company takes all reasonable care in selecting the Suppliers, it does not accept responsibility for any act or omission of the Suppliers.
93. The international carriage of passengers is subject to international conventions and treaties. These international conventions and treaties limit and, in some events, exclude the carrier’s liability to travellers. Where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, inland waterways, rail, or road carrier or any stay in a hotel, The Company’s maximum liability is the maximum which would be payable by the carrier or the hotel keeper concerned under the applicable international convention or treaty applicable to the travel arrangements or hotel stay. International conventions and treaties that may apply include: the Montreal Convention (1999), the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention), the Warsaw Convention as amended at The Hague on 28 September 1955 and the Warsaw Convention as amended at The Hague and by Additional Protocol No. 1, 2 or 4 of Montreal (1975) and the EU Regulation on Air Carrier Liability for air carriers with an operating license granted by an EU country, in relation to air travel; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road and the Paris Convention 1962 for hotels.
94. Booking and payment for a tour shall constitute agreement and acceptance by the passenger of these terms and conditions which cannot be varied except in writing by an officer of the Company.
95. After departure, if the services included in the holiday cannot be supplied, or there are changes in an itinerary for reasons beyond the control of The Company, The Company will arrange for the provision of comparable services wherever possible. Any resulting additional expense will be payable by travellers and any resulting savings will be refunded by The Company to travellers.
96. The Company reserves the right to make changes in the itinerary whenever The Company considers it necessary for the comfort, convenience or safety of travellers, and to cancel a holiday at any time in accordance with operational requirements or circumstances beyond its control.
97. Notwithstanding anything contained in these conditions, The Company shall continue to be subject to any guarantees provided by the Competition and Consumer Act 2010 and the Australian Consumer Law (the Act) if and to the extent that the Act is applicable to these conditions and prevents the exclusion, restriction and modification of such guarantees.
98. The Company excludes all liability including liability for any loss, damage, costs and expenses whatsoever (including personal injury, death, and property loss) that may arise in connection with or arising out of your holiday and liability under implied conditions, and warranties and guarantees except any guarantees, the exclusion of which would cause this Clause to be void, such guarantees being referred to in these conditions as “non-excludable guarantees”.
99. The Company limits its liability to you for breach of any non-excludable guarantees to the supplying of the service again or the payment of the cost of having the service supplied again, as determined by The Company.
100. You agree that neither The Company nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss) or expense occasioned by any act or omission of any Supplier providing services, or of any insurer or insurance administrator, or of any other person.
101. Legal proceedings against The Company may be instituted only in a court within the State of New South Wales, and any claim involved in such proceedings shall be decided in accordance with the laws of the State of New South Wales. Neither The Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive or aggravated damages. No person, other than an authorised representative of The Company by a document in writing, is authorised to vary, add, or waive any term or condition in this brochure/website, including any term or condition set forth in the preceding provisions.
102. Some Australian and foreign government agencies require The Company to collect and pass on in advance of travel certain personal and other details related to you, including but not limited to government-issued identification and passport details. If you fail to supply the details, as requested, fully and accurately, your trip may be interrupted or cancelled. There are no refunds for failure to provide documentation or failure to provide documentation by the time required.
103. We will use your personal data secured during your booking or during online check-in to process your booking with our suppliers. These details include your full name, address, date of birth, passport number and expiration date, occupation, credit/debit card information and any disability, medical conditions or dietary restrictions disclosed to The Company for you and all your travelling party.
104. It may be necessary to transfer these details to other countries or authorities in which the data protection and privacy laws are less stringent than ours. This may include requirements to pass details to our suppliers as well as certain governments or government appointed bodies, or agencies in the interest of security or because we are obliged to by law. By making a booking with The Company, you agree to The Company storing, using and passing on this data to other third parties for reasons as stated above and hold The Company not liable for the usage and loss of protection of that data.
AVALON WATERWAYS, and other AVALON formative marks, are trade and service marks owned and/or applied for and/or registered by Avalon Waterways Inc., in the Australian Trademarks Registry and in other global jurisdictions. Circuit Travel Pty Ltd., is an authorised user of the trade and service mark AVALON WATERWAYS and other AVALON formative marks owned by Avalon Waterways Inc.