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Terms and conditions

Scenic

1. Contract

1.1 These terms and conditions (“Conditions”) form the basis of the contract between You and Scenic Pty Limited (“Scenic”, “We”, “Us” or “Our”) (“Contract”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. Your Contract may also include additional terms and conditions applicable to a special offer or promotion.

1.2 You confirm Your understanding and acceptance of the Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of the price of Your Tour.

1.3 If You make a Booking on behalf of any other person, You represent to Us that You have their authority to make the Booking on their behalf and to legally bind them to the terms of the Contract, including the Conditions. Each reference to “You”, “Your”, “Guest” or “Passenger” means the person who makes the Booking and each other person covered by the Booking.

1.4 Your transportation on any river cruise vessel during Your Tour, including a Russian, France or Portugal River Cruise, will also be subject to the Cruise Conditions of the Operator of the vessel. The Operator may be related to Us, but is a separate legal entity and business. The Cruise Conditions will be provided with Your cruising ticket, which will be provided to You before Your Tour. You can also obtain a copy of the Cruise Conditions by contacting Our customer service team at the Customer Service Contact Address.

1.5 Your Itinerary does not form part of the Contract.

1.6 We may amend these Conditions from time to time. If We amend the Conditions, We will publish the amended version on Our Website. We will also provide the current version of the Conditions to You upon request. You will be bound by the current version of the Conditions at the time You make Your Booking.

2. Meaning of Words

In these Conditions, the following words and expressions have the following meanings:

(a) “Booking” means the booking You have made with Us for the Tour.

(b) “Booking Deposit” means a booking deposit in an amount which We have notified You before You make Your Booking;

(c) “Cruise” means a cruise constituting or forming part of Your Tour;

(d) “Cruise Conditions” means the Operator’s conditions of carriage for a river cruise vessel.

(e) “Cruise Director” means any person designated by Us as the cruise director for any Cruise forming part of Your Tour.

(f) “Customer Service Contact Address” means the details for contacting Us set out in clause 13.1 of the Conditions.

(h) “Force Majeure Event” means any act of God, war, terrorism, fire, flood or any other extreme weather conditions, 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 and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Tour beyond Our control.

(i) “Guest Contact Details” means Your contact details which You have provided to Us at the time of making Your Booking, as amended by any written notice You may provide to Us from time to time in accordance with clause 13.4 of these Conditions.

(j) “Itinerary” means the Itinerary for Your Tour issued by Us, subject to any amendments made by Us from time to time in accordance with the Contract.

(k) “Operator” means the owner or operator of a river cruise vessel.

(l) “Personal Information” means information about You and any other person for whom You make a Booking, including Your name, address, phone number and other contact details, details of Your next of kin, Your passport number, credit or debit card details, and information about Your health, medical needs, dietary requirements and any disabilities or other special requirements.

(m) “Service Provider” means any independent contractor engaged by Us to provide a Tour or any part of a Tour, and includes an Operator.

(n) “Tour” means the tour package You have booked with Us as outlined in Your Itinerary.

(o) “Tour Brochure” means the brochure for Your Tour published by Us and includes any amendments notified on Our Website from time to time.

(p) “Tour Departure Date” means the scheduled departure date for the Tour set out in Your Itinerary.

(q) “Tour Director” means any person designated by Us as the tour director for Your Tour.

(r) “Tour Price” means the total amount payable by You for the Tour. It includes the Booking Deposit.

(s) “Validity Period” means 1 March 2016 to 31 December 2016.

(t) “Website” means Scenic’s website at scenicusa.com

3. Booking and Payment

3.1 You may make a Booking directly with Us or through a travel agent. Your Booking will be confirmed only when We have received:

(a) Your Booking Deposit; or

(b) if Your Booking is made 90 days or less before the Tour Departure Date, the Tour Price and all other amounts payable under the Contract.

3.2 Except as indicated in clause 3.8, We will notify You of the Tour Price and provide You with Your Itinerary at the time of making Your Booking

3.3 You must pay Your Booking Deposit within 2 days after making Your Booking. If We do not receive Your Booking Deposit within 2 days after You make Your Booking, We will automatically cancel Your Booking at our discretion.

3.4 If You have made Your Booking through a travel agent, Your travel agent should forward Your Booking Deposit or Tour Price to Us on Your behalf. However, payments by You to Your travel agent are not considered to be payments by You to Us. We will consider payment has been received by Us only when We receive payment from Your travel agent.

3.5 Any accommodation, sightseeing or flights We book for You separately to those stated in Your Itinerary are not included in the Booking Deposit or Tour Price and You must pay both the deposit and full costs for such additional services separately to the Booking Deposit and Tour Price at the time which We notify You at or before You make Your Booking. Any requests for such additional services will not be processed until Your Booking Deposit is paid in full.

3.6 For some special offers, We may require payment of a further deposit before the balance of the Tour Price is due. We will notify You of any such requirement before You complete Your Booking and will confirm the payment details when we confirm Your Booking. You must make payment by the date notified by Us.

3.7 Except as required by law or in accordance with the Deposit Protection Plan, Booking Deposits are not refundable and are not transferable to other Tours or Bookings.

3.8 If You make Your Booking within 90 days of Your Tour Departure Date, You must pay Your Tour Fare in full at time of bookings. Your Booking is not confirmed until You have paid the Full Tour Price.

3.9 If clause 3.8 does not apply, You must pay to Us the balance of the Tour Price and all other amounts payable under the Contract no later than 90 days before the Tour Departure Date.

3.10 If You wish to change any incidental component of Your Booking, such as any pre or post-tour accommodation or add-ons, You must contact Us. We may accept or reject Your request at Our absolute discretion.

3.11 You may cancel a Booking by sending Us written notice of cancellation at the Customer Service Contact Address. If You cancel a Booking You will be liable to pay a cancellation fee in accordance with clause 4.8.

3.12 A name change for a Guest or a change to the Tour Departure Date is considered a cancellation of the original Booking.

4. Prices, inclusions and fees

4.1 All Tour Prices are quoted in US dollars.

4.3 Your Tour Price includes all coach and cruise travel; the services of a Cruise Director (if applicable) and/or Tour Director; airport transfers outside of the United States; meals as specified in Your Itinerary; internal flights as specified In Your Itinerary; accommodation; sightseeing and admissions, where stated; port charges; all gratuities and tipping on land tours and river cruises operated by Us; and any other specific inclusions identified in Your Itinerary.

4.4 Unless expressly listed in Your Itinerary as an inclusion, Your Tour Price does not include airfares; airline taxes; gratuities on ocean cruises; shore excursions on ocean cruises; additional optional activities; accommodation upgrades; meals not specified in Your Itinerary; passport fees; visas; vaccinations; medical assistance; government taxes and charges (excluding GST); or any items or expenses of a personal nature.

4.5 Unless stated as an inclusion in Your itinerary, overnight accommodation required to meet Your Tour and/or any flight connections are not included in the Tour Price and will be at Your expense.

4.6 We reserve the right not to honor any published prices that We determine were erroneous due to printing, electronic, or clerical error. If You make a Booking based on erroneous pricing, We will offer You the option of cancelling the Booking and receiving a refund of any amount paid by You or confirming the Booking by paying the difference between the erroneous price and the correct price, as determined by Us.

4.7 The following Fees are payable in addition to the Tour Price:

(a) If You book 21 days or less before the Tour Departure Date, You must pay a late booking fee of $50.00 per Booking.

(b) If You change Your Booking, other than by varying the Tour Departure Date, You must pay a change fee of $50.00 per Booking. This fee is on account of administrative expenses incurred by Us in changing Your Tour and is a genuine and reasonable estimate of Our expenses.

4.8 If You cancel Your Tour for any reason prior to Your Tour Departure Date (including by changing Your Tour Departure Date or the name of a Guest), You will be liable for the following cancellation fees: Days of notice prior to Tour commencement Cancellation charge (per person) 90 days and over Loss of deposit 89 to 60 days 35% of Tour Price 59-30 days 50% of Tour Price Less than 30 days out 100% of Tour Price You may also be liable to pay cancellation fees to airlines and other third parties.

4.9 We may vary Your Tour Price at any time before You have paid the Tour Price in full to the extent necessary to meet any increase in the Tour costs for reasons outside Our control, including airfares, fuel, government taxes and charges, exchange rate fluctuations or other Tour related costs or tariffs. We will not vary the Tour Price after We have received the total Tour Price from You, regardless of any increases in the costs incurred by Us. We will notify You of any such variation using the Guest Contact Details.

4.10 You are responsible for and must pay for all costs and expenses incurred by You as a result of any change made by You to Your Itinerary after Your Tour Departure Date. This includes changes due to illness or other personal reasons.

5. Cancellation, delays and changes to Your Itinerary

5.1 Your Booking is conditional on Us receiving a minimum number of tour or Cruise passenger bookings to operate the Tour and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Tour or Tour Departure Date.

5.2 We will endeavor to make any decision to cancel or delay a Tour or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Tour Departure Date.

5.3 If We cancel a Tour, for whatever reason, before departure:

(a) We will use reasonable endeavors to offer You the closest available tour or cruise departure. If the proposed alternative tour or cruise is: (i) cheaper than Your original Tour Price, We will refund the difference to You; or (ii) more expensive than Your original Tour Price, You must pay the difference to Us;

(b) if You accept the proposed alternative tour or cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;

(c) if You do not accept the proposed alternative tour or cruise within 7 days of being notified by Us of the alternative, We will: cancel Your Booking, refund to You all monies paid directly to Us and will have no further liability to You; and

(d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares or other arrangements booked independently through or paid to a travel agent.

5.4 If We delay the departure of a Tour, for whatever reason, for more than 7 days, You may terminate this Contract and We will provide You with, at Your option, either:

(a) a full refund of all amounts paid to Us; or

(b) a credit towards future tours with Us which will be valid for 24 months from the date You notify Us of the termination of this Contract.

5.5 We will use reasonable endeavors to provide the Tour You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and We may need to make alterations to the Tour or Your Itinerary, before or after the commencement of the Tour. Where, due to circumstances outside of Our control, We are unable to provide the Tour in accordance with Your Itinerary, We will use reasonable endeavors to:

(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and

(b) provide or arrange appropriate alternative activities, transport and accommodation as required.

5.6 The circumstances in which We may alter Your Itinerary or the Tour include:

(a) high or low water levels in any river or canal;

(b) lock closures, unscheduled vessel maintenance or other operational reasons;

(c) road, river or weather conditions;

(d) national or local holidays affecting the closure of public buildings or attractions;

(e) Force Majeure Events;

(f) emergency events, accidents, injuries or other incidents involving You or other passengers; and

(g) any other event beyond Our control.

5.7 Alterations to Your Itinerary or the Tour may include:

(a) substitution of vessels for part or the whole of a Tour;

(b) cabin changes on a vessel;

(c) additional embarkations and disembarkations;

(d) substitution of alternate transportation, including the use of motor coaches;

(e) substitution of hotel accommodation for accommodation on a vessel;

(f) alterations to arrival and departure times;

(g) alterations to sightseeing activities; and

(h) reductions or increases in the time spent at a location.

5.8 If We substitute any vessel, motor coach or accommodation under this clause 5, We will use reasonable endeavors to provide You with a substitution of equivalent specification or quality, but some services and facilities may not be available for all substitute arrangements.

5.9 Any changes to Your Itinerary will be notified to You:

(a) if prior to Your Tour Departure Date, by phone, email or mail using the Guest Contact Details; or

(b) if during Your Tour, personally by Your Cruise Director or Tour Director.

5.10 To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause 5, including without limitation any:

(a) claim for distress, disappointment or loss of enjoyment arising from the alteration;

(b) additional personal expenses incurred by You, including for food, beverages and personal items; or

(c) costs associated with any other travel arrangements affected by the changes, including any costs and expenses incurred by You for cancelling or changing those other arrangements or arising from a failure to meet a connection.

6. Your Tour obligations

6.1 For the comfort and safety of You and Your fellow passengers and other people, You must follow the Tour Director’s and Cruise Director’s instructions at all times.

6.2 If We, the Cruise Director, the Tour Director or Our staff or any Service Provider consider You are negatively affecting Your own health, safety or enjoyment, or that of other passengers, including by refusing to comply with instructions of the Tour Director or the Cruise Director, We may terminate the Contract and withdraw You from the Tour with immediate effect. If it is reasonably practicable to do so, the Tour Director or Cruise Director will provide a warning to You and allow You an opportunity to rectify Your behavior before We withdraw You from the Tour.

6.3 If You are withdrawn from the Tour under clause 6.2, You must make Your own travel and other arrangements at Your own expense and We are not liable to You for any loss, cost or damage You may suffer or incur.

6.4 You must have a valid passport with an expiry date of at least six (6) months after the last scheduled day of Your Tour.

6.5 You must ensure that You obtain prior to the Tour Departure Date all required entry visas for all countries to be visited during the Tour, as failure to obtain correct documentation may affect Your participation in certain shore excursions and entry to certain countries during the Tour.

6.6 A visa is required to visit Russia. If Your Itinerary includes Russia relevant paperwork will be forwarded to You upon confirmation of Your Tour and must be returned to Us as soon as possible prior to departure, so We can issue to You an official invitation letter to be included in Your visa application to the Russian Consulate. It is Your responsibility to ensure that a visa authorizing entry into Russia is obtained prior to departure. Upon issuing an official invitation letter to You, We will not be liable for any failure by You to obtain a visa from the Russian Consulate prior to departure. Our invitation letter is not a visa authorizing entry into Russia.

6.7 A visa is required to visit Turkey and must be obtained prior to departure.

6.8 If You do not have the correct visa or other documentation necessary to enter a country or participate in any aspect of a Tour (“Documentation”):

(a) We will not refund to You all or any portion of the Tour Price; and

(b) You will be responsible for any costs You incur as a result of Your failure to obtain the required Documentation, including any costs associated with re-joining the Tour.

6.9 If You are unhappy with something that does or does not happen on Your Tour, You must first use all reasonable endeavors to negotiate with Us in good faith to settle the dispute before commencing proceedings in any court or tribunal. In the first instance You should raise Your concern with the Tour Director or the Cruise Director as soon as reasonably practicable as it may be possible for them to take steps to resolve Your concern with minimal delay.

7. Notification of General Risks

7.1 You acknowledge and agree that there are general risks associated with travelling, which are beyond Our control and We are not liable to You for any loss, cost or damage You may incur as a result of these general risks. Such general risks include:

(a) Tour variations or interruptions caused by road, river or weather conditions; national or local holidays affecting the closure of public buildings and attractions; Force Majeure Events; high water levels; low water levels; flooding; lock closures; unscheduled vessel or vehicle maintenance;

(b) changes to the Tour and Your Itinerary in the circumstances described in clause 5.5;

(c) 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; changes to government visa or travel requirements; or

(d) other circumstances beyond Our control.

7.2 You acknowledge and agree that where the Tour, any part of the Tour, accommodation, flights or any other good or service are not directly provided by Us, but is provided by a Service Provider, in the event of any dispute or claim including for loss, damage, breach of contract or negligence arising from the conduct of the Service Provider, You must pursue Your claim directly against the relevant Service Provider.

7.3 You must make Your own enquiries regarding Your Tour, including being aware of any relevant government travel safety warnings.

8. Liability

8.1 Nothing in these Conditions or the Contract operates to exclude, restrict or modify the application of any provision of any State or Territory legislation of consumer protection, the exercise of a right conferred by such a provision, or any of Our liability for breach of a guarantee, condition or warranty implied by such a provision, where it is unlawful to do so. All exclusions and limitations of Our liability under the Contract must be read subject to this clause.

8.2 You acknowledge and agree that We accept 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:

(a) any Tour risks or other aspects of the Tour disclosed to You in the Contract;

(b) any change to Your Itinerary or delays in departure or arrival times of aircraft or otherwise during the conduct of the Tour;

(c) any loss or damage to Your baggage or belongings;

(d) any personal injury or death resulting from the acts or omissions or 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

(e) any disappointment or loss of enjoyment due to circumstances outlined in the Contract or otherwise beyond Our control.

8.3 Subject to clause 8.1, but despite any other provision of the Contract, and to the extent permitted by law, Our maximum liability to You or any third party (including any claims of negligence by Us) is limited to the Tour Price You have paid to Us.

8.4 To the maximum extent permitted by law, You acknowledge and agree We are not liable to You, under any circumstances, for any loss of enjoyment, opportunity, profit, savings, revenue or interest or any other consequential or indirect, incidental, special or punitive loss, damage or expenses.

8.5 You acknowledge and agree that We are not liable for any delay or failure by Us or a Service Provider to perform Our obligations under the Contract, resulting from or as a consequence of a Force Majeure Event.

8.6 If a delay or failure occurs or is anticipated due to Force Majeure Event, Our obligations are suspended for the duration of the Force Majeure Event.

8.7 We may immediately terminate the Contract, if the Force Majeure Event delays performance of the Tour for a period of 7 days or more, calculated from the date We notify You of the Force Majeure Event.

8.8 To the extent permitted by law, all express or implied warranties, guarantees, representations, or terms are expressly excluded. Where the law implies any guarantee, condition or warranty which cannot be excluded, Our liability to You for breach of such an implied guarantee, condition or warranty is limited, to one or more of the following:

(a) in the case of goods: the repair of goods, replacement of goods, the supply of equivalent goods or the cost of repair, replacement or supply of equivalent goods; or

(b) in the case of services: supplying the services again or payment of the cost of supplying the services again.

8.9 Cruising aboard

Our vessels is provided solely by the Operator of the relevant vessel pursuant to the Cruise Conditions. A copy of the Cruise Conditions will be provided to You upon request. In relation to Our European River Cruises, including Our Russian River Cruises and French River Cruises, please note that the Cruise Conditions includes a clause specifying that the cruising ticket contract is governed by the laws in force in Zug, Switzerland and that You and the Operator agree to be bound by the statutory and general law of Switzerland. The Cruise Conditions are also subject to specific limitations of liability and time limits for making claims against the Operator 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 the Cruise Conditions). 8.10 We strongly recommend that You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Tour including cover for loss of luggage, medical expenses, costs and expenses incurred due to cancellations, delays or other disruptions.

9. Privacy and Data Protection

9.1 In order for Us to process Your Booking and provide the Tour to You, You will need to provide to Us, and We will need to use Personal Information. We will need to provide Your Personal Information to Service Providers, as well as customs and immigration authorities. We may also provide Your personal Information to security and credit checking organizations. Some of the persons to whom We provide Your Personal Information are located overseas, including in countries that may not provide the same level of protection of Personal Information as Australia. By making a Booking You give Us Your consent to use and disclose Your Personal Information in the manner described in this clause 9.1.

9.2 We may also use Your name and the Guest Contact Details for marketing purposes, unless You tell Us that You do not want Us to do so. You may do this by contacting the Customer Service Contact Address.

9.3 We will otherwise deal with Your Personal Information in accordance with Our Privacy Policy, which can be found on Our Website or provided on request.

10. General Provisions

10.1 We may only waive a right or remedy created under these Conditions in writing. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does any waiver by Us (either wholly or in part) operate as a subsequent waiver of the same or any other right.

10.2 The Contract is governed by the laws in force in the state of Massachusetts

10.3 The parties submit to the non-exclusive jurisdiction of the courts of Massachusetts and any courts competent to hear appeals from those courts.

10.4 Any term which is, by its nature, intended to survive termination of the Contract survives termination.

10.5 In these Conditions, unless the context otherwise indicates a contrary intention:

(a) headings are for convenience only and do not affect interpretation;

(b) singular includes the plural and vice versa;

(c) a reference to a party includes its successors, permitted assigns, administrators and substitutes;

(d) where a word or phrase is defined, its other grammatical forms have the corresponding meaning;

(e) the word ‘include’ in any form is not a word of limitation;

(f) no rules of construction apply to Our disadvantage on the basis that these Conditions or the Contract were prepared by Us;

(g) a reference to a natural person includes their personal representatives; and

(h) a reference to a body (including institute, association or authority) which ceases to exist or whose powers or functions are transferred to another body is a reference to the body which replaces it or which substantially succeeds to its powers or functions.

10.6 The Tour Brochure and these Conditions are valid for Tour Departure Dates during the Validity Period unless otherwise indicated in Your Itinerary, and supersedes all previous brochures.

11. Important notices about Your Tour

11.1 Tour Participation

(a) Special needs: We welcome You if You have a disability or other special need, provided You are accompanied by a companion capable of providing all the assistance You require. Please note that although We will use reasonable endeavors to provide You with all the activities on Your Itinerary, depending on Your disability, You may not be able to participate in every activity and the Tour Director or Cruise Director will have the right to refuse Your participation if the Tour Director or Cruise Director believes Your health and safety or the health and safety of other passengers may be impacted by Your participation. You must advise Us (or Your travel agent) of any disability, medical condition or dietary requirement at the time of Booking.

(b) Facilities: It is important to note that: (i) some cruise ships do not have elevators, and ships that are equipped with elevators may not have elevator access to all decks; (ii) wheelchair passengers should be aware that cabin doors, rest rooms and corridors may not be wide enough to provide access for standard wheelchairs; (iii) requests for modified rooms must be made at the time of Booking and are subject to availability; (iv) for safety reasons, passengers in wheelchairs cannot be carried on boarding ramps (which may be steep due to water levels) whilst the vessel is tied up or at anchor, or on to motor coaches; and (v) wheelchairs and walkers can be carried in the luggage compartment of motor coaches subject to space limitations.

(c) Our discretion: We may, in Our absolute discretion, decline Your Booking if We are of the view that: (i) We cannot adequately provide for any or all of Your special needs; (ii) Your health, safety or enjoyment, or that of any other passengers attending the Tour may be at risk; or (iii) You cannot or will not abide by any reasonable directions of the Tour Director or Cruise Director.

11.2 Cruises

(a) Deckplan: The deck plan, cabin sizes, images, inclusions and layout in the Tour Brochure are indicative only and may vary. Pictured representations of cabins or rooms in Tour Brochures are not drawn to scale.

(b) Cruise Cabins: Your Tour Price is based on the Cabin category indicated in the Tour Brochure. Upgrades are subject to availability and will be at an additional cost.

(c) Noise, Vibration and Odor: While We take reasonable steps to minimize noise, vibrations and odors on the cruise ships, You acknowledge and accept that some noise, vibration and intermittent odors may be experienced on vessels and that We will not be liable to You in relation to any such noise, vibration or odors.

(d) Docking Position: During port stops, ships may dock side-by-side, obstructing views and requiring You to pass through other ships to embark and disembark.

(e) All Inclusive Beverages (i) All standard beverages are included in the Tour Price while You are on board a Scenic ‘Space-Ship’. This includes beer, wine, soft drinks and standard spirits. It also includes daily replenishment of the cabin minibars. (ii) Selected items such as high end spirits, including malt whiskey, French champagne and selected wines are not included and will be an additional charge (iii) Responsible service of Alcohol is adhered to by all staff on board. We reserve the right to refuse service. (iv) The All Inclusive beverages policy does not apply to Russia on board the Scenic Tsar or any third party suppliers, including in the circumstances contemplated in clause 5.8.

(f) Internet Service (i) Internet facilities are available on board Your Scenic ‘Space-Ship’ or Scenic Tsar cruise at no additional charge. Complimentary internet service does not apply to any third party suppliers. (ii) 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 or quality of internet connections.

(g) Scenic Tailormade (i) Personal devices are provided in all cabins on board a Scenic Space-Ship for use both on board and on shore. They are not available in Russia or Portugal. (ii) Entrance fees, gratuities and transportation while using Scenic Tailormade are not included in Your Tour Price. (iii) Scenic Tailormade tours and their content cannot be guaranteed in all locations.

(h) Scenic Sundowner: Scenic Sundowners is a seasonal highlight and is included for sailings departing from 01 April to 30 September 2016. Depending on sailing date, the event may not be held during sunset.

(i) Danube Delta: Small boat exploration of the Danube Delta is subject to weather conditions and disruptions may occur.

(k) Photography: Our tours offer some of the most spectacular and beautiful photographic scenery in the world. However, We cannot guarantee that every scene or highlighted featured in a Tour Brochure or Itinerary will be available on each Tour. No refund will be available for any resulting missed scene or photographic “opportunity”.

(l) Smoking: Smoking is limited to designated smoking areas on Scenic Space- ships (and any other vessels), and is not permitted in cabins or on balconies. (i) You acknowledge that We may restrict smoking to specific times and locations during Your Cruise for the comfort of all passengers. (ii) Smoking is not permitted on coaches or such other places as nominated by Us from time to time. (iii) Although We will use reasonable endeavors to ensure there are opportunities for You to smoke during the Tour, We cannot guarantee such opportunities will be available.

(m) Medical Services (i) River cruise ships do not carry a doctor on board (except In Russia), however medical services may be called at Your own expense. (ii) Due to the large number of passengers on board, We cannot provide a personal escort for medical visits. (iii) We are not, and Our Service Providers are not, liable regarding the provision of any medical care You may require or choose to accept during the Tour.

(n) Marksburg Castle: If for any reason Marksburg Castle is not available, another suitable venue will be substituted, in Our sole discretion, without any liability to You.

(o) Royal Suite and Royal Panorama Suite on board credit: Guests traveling in Royal Suites on a Scenic Space-Ship will receive EURO $150 per person to their shipboard account which can be used in the Wellness Center. This is not applicable to other services whilst on board and is not redeemable for cash.

(p) Spanish Riding School: Spanish Riding School option includes either a guided tour of the stables or entrance to the morning exercise; option is based on the riding school schedule; it is not a choice and not available on all days and it does not include admission to a performance.

(q) Currency and Credit Cards: All purchases on board are charged to Your shipboard account. The on board currency on river cruise ships is the Euro. Shipboard accounts may be paid by Euro or credit card. The on board currency on Russian river cruise ship is the Ruble however shipboard accounts may only be paid by credit card.

(r) Scenic Tsar is not a Scenic Space-Ship. Standard inclusions on board Scenic Space-Ship do not apply to Scenic Tsar, including but not limited to Scenic Sun Lounges, Portobellos, River Cafe, private car transfers, butler service, e-bikes, Scenic Tailormade and Royal Suite inclusions.

11.3 Coaches

(a) Seat rotation: To ensure all passengers have the opportunity to enjoy front and window seats, a daily seat rotation system is employed on all of Our coaches and You must follow the seat rotation system.

(b) Travel sickness: If You suffer from travel sickness, You should arrange medication or other alternatives to treat symptoms, as We cannot make allowances for this.

12. Additional Important Information

12.1 Air Travel and baggage

(a) Airfare Conditions (i) Discounted airfares are subject to availability and conditions apply. (ii) Our reservations consultant will book the most appropriate fare for Your Tour. (iii) Some discounted airfares have conditions which make them unsuitable to be used in conjunction with Our tours. Full details and conditions may be obtained from Your travel agent. If You have any questions or concerns please contact Our reservations consultant. (iv) Airfares booked as part of Your Tour will be through the most appropriate route although may not be a direct flight; some included flights are unescorted. If You request a customized route or direct flight You will be responsible for all additional costs. (v) 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 may apply. The flight quote including air taxes and surcharges will be confirmed once all air sectors are booked and confirmed. (vi) Taxes are defined as all airline and government taxes and surcharges. Taxes are subject to change and will be advised at the time of flight reservation. (vii) Please contact Your travel agent for applicable rules and regulations relating to Your air travel. (viii) All early booking airfare deals are subject to availability and scheduled for travel to meet the Tour Departure Dates set out in the Tour Brochure. Any requests outside of the tour dates may incur seasonal surcharges as enforced by the airline. (ix) All airfare offers are economy airfare including departure taxes is based on Scenic choice of airline. Flights must be booked by Scenic Cruises. Zoned Gateway Cities included: Zone 1: BOS, EWR, JFK, PHL, PIT. Zone 2: ATL, BWI, CLT, CLE, DFW, DTW, IAH, MCI, MCO, MIA, MSP, ORD, RDU, STL, TPA, IAD. Zone 3: DEN, LAX, PDX, PHX, SAN, SFO, SEA, SLC. Business Class Upgrade is based on Scenic class of service and Scenic choice of airline.

(b) Airport Transfers (i) Airport transfers are only available on the first and last day of Your Tour and at times We designate. Transfers outside these times will be at Your expense and must be secured by Your own arrangements. (ii) Passengers who have purchased Our pre and post Tour hotel accommodation and airfares will be provided airport transfers to/from their hotel in the Tour start or end city only, on the day of the pre or post accommodation booking. (iii) If You do not book Your flights with Us, You must ensure Your flight details are provided to Us at least 120 days before the Tour Departure Date by: (A) entering Your flight details at the Tour Personaliser on the Website; or (B) contacting Us at the Customer Service Contact Address. (iv) No refund will be given for unused transfers. Transfers cannot be routed to other pick-up points or destinations. (v) If You miss the pre-booked transfer You will be responsible for making Your own way to the Tour departure point, at Your own expense. (vi) Airport transfers may be group transfers scheduled to coincide with multiple flight arrival and departure times. Private transfers, including Royal Suites transfer are not available in all locations. Please enquire for further details.

(c) Carriers: The carriers (including airlines, rail and sea carriers used in association with the tours) are not responsible for statements or features in Tour Brochures. The conditions of sale of each carrier constitute a separate contract between You and the carrier and We have no responsibility in relation to contracts between You and the carriers.

(d) Luggage (i) Tour participants are entitled to one suitcase & one carry-on bag per person. Your suitcase must not exceed 76 x 53 x 28cms (30’’ x 21’’x 11’’) and must not weigh more than 20kg (42lbs). (ii) Airline passengers should consult with their airline as size and weight restrictions may vary from airline to airline and also according to the class booked. (iii) It is Your responsibility to ensure Your luggage complies with these requirements and You acknowledge that We, contracted carriers or Service Providers may elect not to carry overweight items. (iv) You will be responsible for any excess baggage charges.

12.2 Sightseeing, Excursions and Special Activities on Tour

(a) Sightseeing: Sightseeing in many historic towns and cities can only be undertaken by walking tours as motor coach access is not possible. Consequently, a reasonable level of fitness is required as the sightseeing tour may involve steps and extensive walking over uneven surfaces.

(b) Mountain Excursions: Some tours include mountain excursions involving high altitudes. Please consult with Your doctor to ensure that You have an adequate level of fitness and are in good health before participating in these excursions.

(c) Scenic Freechoice: All Scenic Freechoice activities can be booked while on Tour with Your Cruise Director or Tour Director (unless otherwise stated) and are subject to availability, seasonal and operational factors. Some activities require a minimum and maximum number of participants to operate. We do, however, encourage You to reserve your Freechoice excursions 120 days prior to departure.

(d) Scenic Enrich: It may not always be possible to offer every Scenic Enrich activity in the Tour Brochure on Your Tour. Wherever possible, suitable alternatives will be provided without liability to You.

12.3 Passenger Requirements

(a) Special Diets: You must advise Us in writing of any and all special requests and dietary requirements at the time of Booking. We will make every reasonable effort to accommodate Your dietary requests but cannot guarantee that such requests can be met.

(b) Solo Passengers and Single Accommodation (i) Prices quoted in Tour Brochures are on a twin share basis. If Your Booking is not a twin share booking We will notify You of the applicable single supplement rate, and You must pay the single supplement rate for the Tour, at the time of Booking.

(c) Young Passengers: (i) Passengers under the age of 21 years (as at the Tour Departure Date) must be accompanied by an adult and share their accommodation with an adult. (ii) Children under the age of 12 years are not encouraged (with the exception of Christmas tours and Cruises) and are accepted or rejected at Our sole discretion.

12.4 Maps, Pictures and Images

(a) Maps: Maps or tour depictions contained in Tour Brochures or any other brochures We issue are intended as an indication only and should not be relied upon as the actual route to be taken during the Tour.

(b) Images: All images in Tour Brochures represent typical scenes and descriptive detail for each tour, however it is possible that the particular subject matter may not be seen or experienced on Your Tour. Also, some pictures may have been digitally enhanced.

12.5 Hotel Accommodation

(a) Substitution: We may substitute hotel accommodation of a similar standard in the place of the advertised hotel due to hotel availability issues. Any changes will be notified once confirmed with the hotel.

(b) Responsibility: Although We have taken reasonable steps to secure the most suitable hotel accommodation in the area of the Tour, We are not liable to You for the quality, size or fitness of hotel rooms.

13. Contact Details

13.1 To make, change or cancel a Booking or to make any enquiries regarding a Booking or to otherwise give Us any notice in accordance with the Contract, You should contact Your travel agent or Our customer service center as follows:

Email: info@scenicusa.com

Telephone: 1 800 517 1200

Postal: 20 Park Plaza. Ste 903 Boston, MA 02116

This is the Customer Service Contact Address. 13.2 Our customer service center is open from 9:00am to 8.00pm (EST) Monday to Friday and 9.00am to 7.00pm (EST) Saturday (excluding public holidays).

13.3 If You need to contact Us during Your Tour, We recommend that if it is practicable to do so, in the first instance You should try to contact the Tour Director or Cruise Director. Depending on the purpose of Your contact, they may be able to assist You, but otherwise they may direct You to contact Our customer service center.

13.4 We will use the Guest Contact Details if We need to contact You before the Tour Departure Date, including for example, if there is a change to Your Itinerary. It is therefore very important that You keep the Guest Contact Details up to date and notify Us immediately of any changes. To update Your Guest Contact Details, please contact Us at the Customer Service Contact Address.

13.5 We reserve the right to not honor any published prices that We determine were erroneous due to printing, electronic or clerical error.

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