1.1 These terms and conditions (“Conditions”) form the basis of the contract between You and Scenic Tours (USA), Inc (“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/journey.
1.3 All pricing, cruise itineraries, ports, arrival and departure times, artist’s impressions and other representations in this brochure are subject to change based on factors including, but not limited to, regulatory approval, weather and marine conditions.
1.4 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.
1.5 Your transportation on any river cruise vessel during Your Tour/journey, including a Russian, French or Portuguese 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/journey. You can also obtain a copy of the Cruise Conditions by contacting Our customer service team at the Customer Service Contact Address.
1.6 Your Itinerary does not form part of the Contract.
1.7 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/journey.
(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/journey;
(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/journey.
(f) “Customer Service Contact Address” means the details for contacting Us set out in clause 13.1 of the Conditions.
(g) “Deposit Protection Plan” means Our deposit protection plan as set out on Our Website.
(h) “Force Majeure Event” means any act of God, war, terrorism, fire, flood or any other weather conditions, high or low water, lock closures, pirating, changes to government visa or travel requirements, 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 consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Tour/journey beyond Our control or not reasonably within 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/journey issued by Us, subject to any amendments made by Us from time to time in accordance with the Contract.
(k) “Operator” means the 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/journey or any part of a Tour/journey, and includes an Operator.
(n) “Tour/journey” means to the tour/journey package You have booked with Us as outlined in Your Itinerary.
(o) “Tour/journey Brochure” means the brochure for Your Tour/journey published by Us and includes any amendments notified on Our Website from time to time.
(p) “Tour/journey Departure Date” means the scheduled departure date for the Tour/journey set out in Your Itinerary.
(q) “Tour/journey Director” means any person designated by Us as the tour/journey director for Your Tour/journey.
(r) “Tour/journey Price” means the total amount payable by You for the Tour/journey. It includes the Booking Deposit.
(s) “Validity Period” means March 1, 2018 to December 31, 2018.
(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/journey Departure Date, the Tour/journey 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/journey Price and provide You with Your Itinerary at the time of making Your Booking
3.3 You must pay Your Booking Deposit within 48 hours after making Your Booking. If We do not receive Your Booking Deposit within 3 days after You make Your Booking, We will automatically cancel Your Booking without further notice to You.
3.4 If You have made Your Booking through a travel agent, Your travel agent should forward Your Booking Deposit or Tour/journey 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/journey Price and You must pay both the deposit and full costs for such additional services separately to the Booking Deposit and Tour/journey 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/journey 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 Tour/journeys or Bookings.
3.8 If You make Your Booking within 90 days of Your Tour/journey Departure Date, You must pay Your Booking Deposit before We can process Your Booking and confirm Your Tour/journey Price. Your Booking is not confirmed until You have paid the Tour/journey Price. We will notify You of the Tour/journey Price promptly after We have calculated it. If You do not confirm Your acceptance of the Tour/journey Price in writing within 7 days of receipt of notification from Us, You will be deemed to have rejected the Tour/journey Price. If You notify Us that You have rejected the Tour/journey Price or if You are deemed to have rejected the Tour/journey Price, We will cancel Your Booking and refund Your Booking Deposit. If You accept the Tour/journey Price, You must pay the outstanding Tour/journey Price within 24 hours of Us notifying You of the Tour/journey Price, or We will cancel Your Booking and retain Your Booking Deposit.
3.9 If clause 3.8 does not apply, You must pay to Us the balance of the Tour/journey Price and all other amounts payable under the Contract no later than 90 days before the Tour/journey Departure Date.
3.10 If You wish to change any component of Your Booking, such as any pre or post-tour/journey accommodation or add-ons, You must contact Us for Our approval. We may accept or reject Your request at Our absolute discretion and if We accept, You must pay a change fee to Us in for each change accordance with clause 4.6 and any additional costs resulting from the change. Additional costs may include additional overnight accommodation required as a result of any change to Your flights.
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/journey Departure Date is considered a cancellation of the original Booking.
4. Prices, inclusions and fees
4.1 All Tour/journey Prices are quoted in US Dollars.
4.2 Your Tour/journey Price includes all coach and cruise travel; the services of a Cruise Director (if applicable) and/or Tour/journey Director; airport transfers outside 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 tour/journeys and river cruises operated by Us; sales taxes and any other specific inclusions identified in Your Itinerary.
4.3 Unless expressly listed in Your Itinerary as an inclusion, Your Tour/journey 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; drinks; laundry; passport fees; visas; vaccinations; medical assistance; government taxes and charges (excluding sales taxes); or any items or expenses of a personal nature.
4.4 Unless stated as an inclusion in Your itinerary, overnight accommodation required to meet Your Tour/journey and/or any flight connections are not included in the Tour/journey Price and will be at Your expense.
4.5 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.
4.6 The following Fees are payable in addition to the Tour/journey Price:
(a) If You book 21 days or less before the Tour/journey 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/journey 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/journey and is a genuine and reasonable estimate of Our expenses.
4.7 If You cancel Your Tour/journey for any reason prior to Your Tour/journey Departure Date (including by changing Your Tour/journey Departure Date or the name of a Guest), You will be liable for the following cancellation fees:
Days of notice prior to Cancellation charge (per person)
90 days and over Loss of deposit
89 to 60 days 35% of Tour/journey Price
59 to 30 days 50% of Tour/journey Price
30 days or less 100% of Tour/journey Price
You may also be liable to pay cancellation fees to airlines and other third parties.
4.8 We may vary Your Tour/journey Price at any time before You have paid the Tour/journey Price in full to the extent necessary to meet any increase in the Tour/journey costs for reasons outside Our control, including airfares, fuel, government taxes and charges, exchange rate fluctuations or other Tour/journey related costs or tariffs. We will not vary the Tour/journey Price after We have received the total Tour/journey 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.
4.9 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/journey 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/journey or Cruise passenger bookings to operate the Tour/journey and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Tour/journey or Tour/journey Departure Date.
5.2 We will endeavor to make any decision to cancel or delay a Tour/journey or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Tour/journey Departure Date.
5.3 If We cancel a Tour/journey, for whatever reason, before departure:
(a) We will use reasonable endeavors to offer You the closest available tour/journey or cruise departure. If the proposed alternative tour/journey or cruise is:
(i) cheaper than Your original Tour/journey Price, We will refund the difference to You; or
(ii) more expensive than Your original Tour/journey Price, You must pay the difference to Us;
(b) if You accept the proposed alternative tour/journey 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/journey 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/journey, 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 tour/journeys 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/journey 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 the Operator may need to make alterations to the Tour/journey or Your Itinerary, before or after the commencement of the Tour/journey. Where, due to circumstances outside of the Operators control, We are unable to provide the Tour/journey 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 Your Itinerary or the Tour/journey may be altered include:
(a) high or low water levels in any river or canal;
(b) port closures, 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 River Cruising Guarantee is provided by ACE Insurance Limited, A Chubb Company ABN 23 001 642 020 AFSL No. 239687 of 28 O’Connell Street Sydney, New South Wales, 2000 (Chubb). For full terms and conditions of the policy, please refer to www.scenicusa.com/why-scenic/scenic-guarantee
5.8 Alterations to Your Itinerary or the Tour/journey may include:
(a) substitution of vessels for part or the whole of a Tour/journey;
(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.
5.9 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.
5.10 Any changes to Your Itinerary will be notified to You:
(a) if prior to Your Tour/journey Departure Date, by phone, email or post using the Guest Contact Details; or
(b) if during Your Tour/journey, personally by Your Cruise Director or Tour/journey Director.
5.11 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 canceling or changing those other arrangements or arising from a failure to meet a connection.
6. Your Tour/journey obligations
6.1 For the comfort and safety of You and Your fellow passengers and other people, You must follow the Tour/journey Director’s and Cruise Director’s instructions at all times.
6.2 If We, the Captain, Cruise Director, the Tour/journey 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 Captain, Tour/journey Director or the Cruise Director, We may terminate the Contract and withdraw You from the Tour/journey with immediate effect. If it is reasonably practicable to do so, the Captain, Tour/journey 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/journey.
6.3 If You are withdrawn from the Tour/journey 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 expiration date of at least six (6) months after the last scheduled day of Your Tour/journey.
6.5 You must ensure that You obtain prior to the Tour/journey Departure Date all required entry visas for all countries to be visited during the Tour/journey, as failure to obtain correct documentation may affect Your participation in certain shore excursions and entry to certain countries during the Tour/journey.
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/journey (“Documentation”):
(a) We will not refund to You all or any portion of the Tour/journey 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/journey.
6.9 If You are unhappy with something that does or does not happen on Your Tour/journey, 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/journey 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 traveling, 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/journey 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 or port closures; unscheduled vessel or vehicle maintenance;
(b) changes to the Tour/journey and Your Itinerary in the circumstances described in clause 5.6;
(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/journey, any part of the Tour/journey, 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 inquiries regarding Your Tour/journey, including being aware of any relevant government travel safety warnings.
8.1 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/journey risks or other aspects of the Tour/journey 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/journey;
(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/journey, 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.
8.2 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/journey Price You have paid to Us.
8.3 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.
8.4 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.
8.5 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.
8.6 We may immediately terminate the Contract, if the Force Majeure Event delays performance of the Tour/journey for a period of 7 days or more, calculated from the date We notify You of the Force Majeure Event.
8.7 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.
8.8 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, French River Cruises and Portuguese 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).
8.9 We strongly recommend that You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Tour/journey 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 Cruise 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 organisations. 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 the United States. By making a Booking You give Us Your consent to use and disclose Your Personal Information in the manner described in this clause
[if !supportLists]9.2 [endif]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.
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 Governing Law/Jurisdiction; Dispute Resolution; Waiver of Jury Trial. All disputes arising under or in any way related to this Contract, including the enforceability and interpretation of this Contract (each, a “Dispute”), shall be governed by the laws of the State of Nevada, without giving effect to its conflicts of laws rules or principles. Any Dispute shall be submitted for binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in an arbitration conducted in Las Vegas, Nevada USA. The Dispute will be resolved by a single arbitrator selected by the American Arbitration Association. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of the law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely upon any state or federal law or statute which creates an exception to enforcement of the requirement that all Disputes be resolved pursuant to arbitration as set forth in this paragraph. If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration decision is sought, any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, this Contract shall be brought exclusively in the state and federal courts having jurisdiction in and for Clark County, Nevada, and all of the parties hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith. In connection with any action or legal proceeding arising out of this Contract, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial. This paragraph shall survive any termination of the Contract.
10.3 Class Action Waiver. This contract provides for the exclusive resolution of disputes through individual legal action on guest’s own behalf instead of through any class action. Even if the applicable law provides otherwise, guest agrees that any arbitration or lawsuit against Scenic whatsoever shall be litigated by guest individually and not as a member of any class action or as part of a class action, and guest expressly agrees to waive any law entitling guest to participate in a class action. If guest’s claim is subject to arbitration under paragraph 10.2 above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Guest agrees that this section shall not be severable under any circumstances from the arbitration clause set forth in paragraph 10.2 above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration.
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/journey Brochure and these Conditions are valid for Tour/journey Departure Dates during the Validity Period unless otherwise indicated in Your Itinerary, and supersedes all previous brochures.
10.7 Recovery Fund for Consumers
CALIFORNIA. This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the Seller of Travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the Seller of Travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating Seller of Travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org.
WASHINGTON. If transportation or other services are canceled by the Seller of Travel, all sums paid to the Seller of Travel for services not performed in accordance with the contract between the Seller of Travel and the purchaser will be refunded within thirty (30) days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen (14) days after cancellation by the Seller of Travel to the purchaser unless the purchaser requests the Seller of Travel to apply the money to another travel product and/or date.
10.8 State Registrations
CALIFORNIA. Scenic Tours (USA), Inc. is registered with the State of California as a Seller of Travel, CST2113082-40. Registration as a seller of travel does not constitute approval by the State of California. California law requires certain sellers of travel to either (i) have a trust account or bond or (ii) be a participant in an approved Consumer Protection Deposit Plan. Scenic Tours (USA), Inc. is a participant in the United States Tour Operators Association's ("USTOA") Consumer Protection Deposit Plan (the "Plan"). You may make a claim with the Plan if you are owed a refund. The Plan covers losses for transportation or travel services that were not delivered or not refunded when required. A claim can be made when a tour operator declares bankruptcy, becomes insolvent or ceases business, or 120 days following the failure of a tour operator to refund a payment or deposit after a cancellation or material failure to complete performance of a tour(s) or vacation package(s). The Plan covers tours or vacation packages purchased up to seven (7) days following official notification to the USTOA of an Active Member's bankruptcy, insolvency or cessation of business. Claims must be filed no later than ninety (90) days after the bankruptcy, insolvency, cessation of business or failure to refund on account of cancellation or non-performance, as the case may be. USTOA's total liability for all possible consumer claims is limited to $1,000,000. The maximum amount of any claim the customer can make against the Plan is the total amount paid on behalf of the customer to the seller of travel. For further details, see: https://www.ustoa.com/travelers-assistance.
FLORIDA. Scenic Tours (USA), Inc. is registered with the State of Florida as a Seller of Travel, Registration No. ST38992.
WASHINGTON. Scenic Tours (USA), Inc. is a registered seller of travel with the State of Washington. UBI Number 604089504
11. Important notices about Your Tour/journey
11.1 Tour/journey Participation
(a) Special requirements: 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/journey Director or Cruise Director will have the right to refuse Your participation if the Tour/journey 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) while 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 motorcoaches 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/journey may be at risk; or
(iii) You cannot or will not abide by any reasonable directions of the Tour/journey Director or Cruise Director.
(d) Vaccinations. Immunization requirements vary from country to country. Please consult your personal physician, a local public health board or the US Centers for Disease Control and Prevention (CDC) in Atlanta (404-322-4559 or www.cdc.gov/travel). Required inoculations, if any, must be recorded by traveler’s health practitioner on a valid vaccination certificate which the traveler must carry for proof of inoculation where required.
(a) Deckplan: The deck plan, suite sizes, images, inclusions and layout in the Tour/Journey Brochure are indicative only and may vary. Pictured representations of suites or rooms in Tour/Journey Brochures are not drawn to scale.
(b) Cruise suites: Your Tour/Journey Price is based on the Suite category indicated in the Tour/Journey Brochure. Upgrades are subject to availability and will be at an additional cost.
(c) Noise, Vibration and Odor: While We take reasonable steps to minimise 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/Journey 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 suite 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 beverage 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 suites 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/Journey Price.
(iii) Scenic Tailormade Tour/Journeys 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 April 1 to September 30, 2018. 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.
(j) Scenic Culinaire
(i) Scenic Culinaire is offered on board Scenic Diamond and Scenic Sapphire Space-Ships only while sailing in France.
(ii) Scenic Culinaire cooking school has limited capacity and may not be able to accommodate every guest on every cruise.
(ii) Cooking classes held in Scenic Culinaire will be hosted by your on board culinary team.
(iv) Itinerary may vary on location and inclusion of the cooking school. Registrations are made on board.
(k) Palais Liechtenstein: If for any reason Palais Liechtenstein is not available, another suitable venue will be substituted, in Our sole discretion, without any liability to You.
(l) Photography: Our Tour/Journeys 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/Journey Brochure or Itinerary will be available on each Tour/Journey. No refund will be available for any resulting missed scene or photographic “opportunity”.
(m) Smoking: Smoking is limited to designated smoking areas on Scenic Space- ships (and any other vessels), and is not permitted in suites 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/Journey, We cannot guarantee such opportunities will be available.
(n) 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/Journey.
(o) 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.
(p) Royal Suite on board credit: Guests traveling in Royal Suites on a Scenic Space-Ship will receive €100 Euro per person to their shipboard account which can be used in the Wellness Center. This is not applicable to other services while on board and is not redeemable for cash.
(q) Spanish Riding School: Spanish Riding School option includes either a guided Tour/Journey 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.
(r) 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 Rouble however shipboard accounts may only be paid by credit card.
(s) 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.
(t) World Cup Russia: The FIFA World Cup will be held in Russia between June 14, 2018 and July 15, 2018. This may cause some disruption and itinerary changes to Your Russian River Cruise. Full details will be provided as soon as possible.
(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) All airfares are subject to availability and conditions apply and full payment of airfares is due at time of booking.
(ii) Our reservations consultant will book the most appropriate fare for Your Tour/journey.
(iii) Some discounted airfares have conditions which make them unsuitable to be used in conjunction with Our tour/journeys. 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/journey 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) Dependant 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) All flights are subject to schedule changes and class downgrades as determined by the operating airline. You acknowledge and agree that We accept no responsibility and will not be liable to You for any costs associated with these changes.
(viii) All airfares are subject to availability and scheduled for travel to meet the Tour/Journey Departure Dates set out in the Tour/Journey Brochure. Any requests outside of the tour/journey dates may incur seasonal surcharges as enforced by the airline.
(b) Airport Transfers
(i) Airport transfers are only available on the first and last day of Your Tour/journey 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/journey hotel accommodation and airfares will be provided airport transfers to/from their hotel in the Tour/journey 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 60 days before the Tour/journey Departure Date by:
(a) entering Your flight details at the tour/journey personalizer 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/journey 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 tour/journeys) are not responsible for statements or features in Tour/journey 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.
(i) Tour/journey participants are entitled to one suitcase per person. Your suitcase must not exceed 30’’ x 21’’x 11’’ and must not weigh more than 50lbs.
(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/Journey
(a) Sightseeing: Sightseeing in many historic towns and cities can only be undertaken by walking Tour/Journeys as motorcoach access is not possible. Consequently, a reasonable level of fitness is required as the sightseeing Tour/Journey may involve steps and extensive walking over uneven surfaces.
(b) Mountain Excursions: Some Tour/Journeys 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/Journey with Your Cruise Director or Tour/Journey 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.
(d) Scenic Enrich: It may not always be possible to offer every Scenic Enrich activity in the Tour/Journey Brochure on Your Tour/Journey. 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/Journey 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/Journey, at the time of Booking.
(ii) If You are willing to share a room with another single traveler of the same gender, You must pay the Single Supplement Rate. If You remain matched throughout the entire Tour/Journey, You will be refunded Your single supplement rate within 2 weeks of Tour/Journey completion. We accept no responsibility for the suitability of the allocated rooming partner.
(iii) If at any time during the Tour/Journey, You consider Your rooming partner unsuitable, You must notify Us and We will use reasonable endeavors to arrange single accommodation for You for the remainder of the Tour/Journey, subject to availability, and at Your own cost.
(iv) A limited number of single rooms and/or suites are available at a Single Supplement Rate for each Tour/Journey. In some locations, single rooms are smaller than twin rooms and may not be available. You acknowledge that if there is no availability of single accommodation for the remainder of the Tour/Journey, You will be required to continue to share with Your nominated rooming partner for the remainder of the Tour/Journey.
(c) Young Passengers:
(i) Passengers under the age of 21 years (as at the Tour/Journey 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 Tour/Journeys and Cruises) and are accepted or rejected at Our sole discretion.
12.4 Maps, Pictures and Images
(a) Maps: Maps or Tour/Journey depictions contained in Tour/Journey 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/Journey.
(b) Images: All images in Tour/Journey Brochures represent typical scenes and descriptive detail for each Tour/Journey, however it is possible that the particular subject matter may not be seen or experienced on Your Tour/Journey. 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/Journey, We are not liable to You for the quality, size or fitness of hotel rooms.
12.6 Deposit Protection Plan
Our Deposit Protection Plan is available at a cost of $125 per person per Tour/journey excluding Russian cruises and Russian cruises and tour/journeys. The cost is non-refundable and must be paid at the time of Booking Your Tour/journey. The Deposit Protection Plan does not, nor is it intended to, replace travel insurance. Details and terms and conditions of the Deposit Protection Plan are available on Our Website.
13. Contact Details
13.1 To make, change or cancel a Booking or to make any inquiries 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:
Telephone: 1 (857) 201-3375
Mail: Scenic Tours (USA), One Financial Center, 4th Floor, Boston, MA 02111
This is the Customer Service Contact Address.
13.2 Our customer service center is open from 9.00am to 8.00pm Monday to Friday and 10.00am to 7.00pm Saturday (excluding public holidays) (Eastern time).
This is a legal document. If you do not understand any of the terms and conditions set forth in these Terms and Conditions or the legal implications of agreeing to any such terms or conditions, we recommend that you seek independent legal advice from an attorney or other qualified professional.