BOOKING TERMS & CONDITIONS
IMPORTANT NOTICE: THESE ARE THE TERMS AND CONDITIONS GOVERNING THE BOOKING AND SALE OF YOUR CRUISE AND RELATED TRAVEL FROM AVID TRAVEL MEDIA INC, DBA RIVER CRUISE ADVISOR AS SALES AND MARKETING AGENT FOR THE CARRIERS (“TERMS”). PLEASE CAREFULLY READ THESE TERMS WHICH ARE BINDING ON YOU AND CONTAIN SIGNIFICANT FEES FOR CANCELLATION AND LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS ON DAMAGES FOR BAGGAGE AND OTHER PROPERTY, PERSONAL INJURY, ILLNESS OR DEATH; TIME LIMITS FOR CLAIMS AND SUITS.
Parties: In these terms and conditions, “you” or “passenger” or “participant” refers to the person booking, purchasing or traveling on the cruise, and to individuals traveling as part of that person’s reservation. “We” or “us” refers to Avid Travel Media Inc, a North Carolina Corporation (“ATM”), which acts solely as a sales and marketing agent for the ship’s owner, operator and/or charterer (“Carrier”) and providers of other forms of transportation, lodging, tours or travel services (“Suppliers”). ATM offers the travel and enters into these terms and conditions with you pursuant to arrangements made with ATM. The term “Carrier” means the owner, operator and/or charterer of the vessel as set forth under “Carrier Information” below.
LIABILITY DISCLAIMER: We arrange with others for the services described in these Terms, and your confirmation. Carriers and Suppliers are independent third parties which are separate entities and are deemed not to be our principals, agents, employees or partners. WE ACT SOLEY AS A SALES AND MARKETING AGENT FOR THE CARRIERS AND SUPPLIERS AND DO NOT OWN OR OPERATE ANY SHIP OR OTHER MODE OF TRANSPORTATION, HOTEL OR ACCOMMODATION. ACCORDINGLY, WE DISCLAIM RESPONSIBILITY AND LIABILITY FOR, AND PARTICIPANT WAIVES, RELEASES AND ACKNOWLEDGES THAT THERE SHALL NOT BE ANY CLAIM OR RECOURSE AGAINST US FOR OR AS A CONSEQUENCE OF: BREACH OF DUTY, BREACH OF CONTRACT, NEGLIGENT OR WILLFUL OR INTENTIONAL ACT, FAILURE TO ACT OR OMISSION BY ANY CARRIER OR SUPPLIER. Carrier, Supplier and participant obligations and liabilities are subject in each case to terms and conditions of each Supplier’s contract, and any and all laws, regulations and international conventions that apply under those contracts, including, but not limited to choice of law, jurisdiction for disputes, limitations of liability, and time limitations for claims and suits. PARTICIPANT AGREES THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS (INCLUDING PERSONAL INJURY, DEATH, AND LOSS OF OR DAMAGE TO PROPERTY) OR EXPENSE OCCASIONED BY ANY ACT OR OMISSION OF ANY CARRIER OR SUPPLIER, OR ANY PROVIDER OF A TRAVEL PROTECTION PLAN, OR INSURER, OR OF ANY OTHER PERSON. If the services of a Carrier or Supplier cannot be delivered or there are changes in any planned service for any reason beyond our control, we will make an effort to arrange similar services. Any resulting additional expenses will be participant’s responsibility. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE CRUISE OR ANY RELATED TRAVEL OR ACTIVITIES, AND OUR LIABILITY, IF ANY, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO US FOR THE TRAVEL.
CLASS ACTION WAIVER: THESE TERMS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY LAWSUIT AGAINST US OR THE CARRIER WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.
Carrier Information: For vessels flying the French flag, the Carrier is CroisiEurope, an entity organized under the laws of France.
Deposit and Final Payment: To confirm a cruise or cruise & land reservation, we require a non-refundable deposit of $1000 to $2000 per person. A non-refundable final payment is due no later than 90 days before the travel start date.
Cancellation Charges: In the unfortunate event a participant must cancel travel, notice must be made to Avid Travel Media by contacting us at (954) 600-8835 during normal business hours, which are weekdays 9 a.m. to 5 p.m. EST. The effective date of the cancellation is the date we receive the written cancellation notice. A change in sailing date, name changes, the substitution of a participant or a reduction in the number of guests in a stateroom are treated as a cancellation in that all applicable cancellation charges apply. All cancellation charges are per-person as seen in the chart below.
You acknowledge that your cancellation will cause us and the Carrier difficulty in selling a replacement cruise or cruise & land reservation and thus the cancellation fees described below apply regardless of whether your cruise or cruise & land reservation is resold. You agree that any losses sustained by us and/or the Carrier in the event of cancellation would be very difficult or impossible to quantify, and the cancellation fees are fair and reasonable as liquidated damages.
Cancellation Charges At Any Time After The Initial Deposit
Cruise & Land Cancellation Charge: 100% of cruise and land price
Other Charges (if applicable): 100% of all charges
Pricing: All prices are in US dollars. In the event that a cruise fare listed, quoted or advertised through any website, printed collateral, reservations person, travel agent or any other source is booked, but is incorrect due to an electronic error, typographical error, human error or any other error causing the fare to be listed, quoted or advertised for an amount not intended by Avid Travel Media, we reserve the right to correct the erroneous fare by requesting the passenger to pay the correct fare intended, or by canceling the cruise.
Prices Do Not Include: Published prices do not include passport and visa fees, baggage fees, travel protection, vaccinations, laundry, gratuities or other items or services of a personal nature.
Passport and Visas: A valid passport is required for each participant. Passports must be valid for at least six (6) months after the scheduled return date to your home country. Non-US citizens must consult the appropriate consulates regarding visa and other document requirements. Obtaining required visas and any other required travel documentation, and assuring these are complete and correct in all ways, is the sole responsibility of each participant. We are not in a position to obtain or verify the accuracy or completeness of any participant’s visa or other required documentation and shall not be responsible or liable for delay or missed portion of any part of the itinerary or other problems resulting from the participant lacking the appropriate travel documentation.
Changes in Cruise and Cruise & Land Itineraries: Carrier seeks to provide services as published or stated in the final documents. But deviations to planned cruise, cruise & land itinerary or any other aspects of the travel may occur. If conditions make cruise routes unsafe for navigation or in other respects, or raise sufficient doubt about safety, Carrier reserves the right to modify or provide alternate services. These may include, but are not limited to, providing accommodation on the docked ship and/or substituting ground arrangements. An effort will be made to try to arrange elements of the cruise and cruise tour similar to those originally planned, but the level of similarity may vary. Such changes will not entitle you to any credit or a refund. Cruise, cruise & land routes, and all other aspects of the cruise and travel are subject to change with or without notice.
Cancellation by Carrier: Carrier reserves the right to cancel, change or postpone any cruise departure date and itinerary. In the event of a complete cancellation of a departure by Carrier, the Carrier may refund partial monies paid for the cruise or cruise & land package to those participants who have not previously cancelled.
Personal Changes: Participant’s deviation from the published itinerary for any reason will not entitle participant to any reduction in charge. Participant will bear a full charge for any unused services.
Disabled Participants: Handicapped facilities are not available on board or in many places visited on the cruises and cruise tours we offer. If you (participant) have a disability and reasonable accommodation may enable you to use the services, please let us know how you believe we can help. Participant are requested to inform us in writing, at or immediately after making the reservation, but in any event as early as possible, of any mobility impairment or other condition, whether physical, emotional or mental, which may require accommodation or use of an assistive device during the travel. A reasonable effort will be made to accommodate special needs, but we are not responsible for denial of service by Carriers, hotels, or other independent Suppliers. A participant, who, due to impairment, is not self-sufficient, may need to travel with a companion who shall take responsibility for assistance needed during travel and in case of emergency. An individual with a disability that would result in a direct threat to the health and safety of others or to that individual may be excluded, if it is determined there is a significant risk that cannot be eliminated or reduced to an acceptable level by reasonable accommodations, policies, practices, procedures assistive devices or services. If participant fails to timely inform us of any impairment or condition and/or their participation poses a safety risk to participant or direct health or safety threat to others, participant may be excluded from parts or all of the travel. We shall have no liability to participant relating to any condition, treatment, failure to inform us of an impairment, or resulting exclusion.
Medical: Medical doctors are not available on any vessel. If medical services are required, efforts to contact local medical providers will be made. A participant requiring such assistance is solely responsible for all related charges. We will not be responsible or liable for sufficiency of our efforts to reach medical providers, unavailability, delay, quality or other aspect of any such services. Participant is encouraged at time of booking and well before departure, to review participant’s health and medical conditions and insurance and consult participant’s health care and insurance providers regarding needs and scope of coverage for any incident or need that may occur during travel, and to obtain supplemental health and medical insurance for the travel, as needed.
By confirming the reservation with payment, the guest/ travel agent acknowledges that they are aware of and will comply with these Terms. For the most current version of the General Information and Terms, which will supersede the Terms and Conditions published in any of our brochures in the event of a conflict and any prior oral, implied, written or other representation or agreement between you and us, please visit RiverCruiseAdvisor.com.
UPDATED: JULY 27, 2018