Emerald Yacht Cruises - Azzurra 2021/22 NEW Emerald Azzurra | Page 69

If any surcharge is greater than 8% of your tour price (excluding insurance premiums and any amendment fee), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment fee) or alternatively purchase another tour from us – see clause 14. You have 14 days from the issue date printed on the surcharge invoice to tell us if you wish to cancel or purchase another tour where applicable. Otherwise, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the tour price or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the tour price due to contractual and other protection in place. A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. No surcharge will be levied within 20 days of departure. No refund will be payable if any decrease in our costs occurs during this period either. Variation or cancellation by us 13. We start planning the tours we offer many months in advance. Occasionally, we have to make changes to and correct errors in the details of advertised tours both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Due to the nature of our itineraries, which are dependent on the safe navigation of national and international waterways over which we have no control, it is therefore not always possible for our vessels to sail or call at all ports as planned or foresee when this may occur. Unfortunately this is an inherent risk in sailing which you must accept. The captains of all the vessels we use retain the ultimate right to deviate from or change any particular itinerary where they believe it necessary to so, for example in the interests of the health and safety of passengers. 14. Most changes made to a confirmed tour are insignificant. Examples of what we both agree to be insignificant changes are changes of vessels to one of the same class for the whole or part of your tour, changes to vehicles used for transfers and excursions, changes to planned excursions, changes to hotel accommodation to that of an equivalent standard including the substitution of accommodation to on-board our vessels or vice versa, changes to berthing or dock location, changes to sailing times, and the substitution and/or removal of ports of call, or the replacement of sailing with the use of motor coaches. Occasionally, we have to make a significant change to or cancel a confirmed tour and we must reserve the right to do so. A significant change is a change made before departure which, taking account of the information you give us at the time of booking or which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a significant effect on your tour. If we have to make a significant change before the start of your chosen arrangements (including an increase of the price of your arrangements above 8%) then you will be entitled to accept the changes or cancel without paying a cancellation fee and receive a full refund within 14 days. We will inform you without unnecessary delay in writing of any such rights along with: (a) the proposed changes and, where appropriate, their impact on the price of your chosen arrangements; (b) how long you have to inform us of your choice in writing to either accept the changes or cancel without paying a cancellation fee; (c) the consequences of your failure to respond within the period referred to in paragraph (b); and (d) any substitute package, of an equivalent or higher quality, if possible, offered to you and its price. If you chose to take a substitute package or accept amendments to your arrangements which result in a lower overall quality or cost, you are entitled to an appropriate price reduction. If you do not inform us within the time we specify of your choice to accept the changes or terminate the contract we will write to you again to remind you, if you still do not respond we may treat your booking as cancelled and refund all payments due to you. Please note, the above options are not available where any change made is an insignificant one. A change of flight time of less than 12 hours, airline (except as specified in clauses 42 to 44 “Flights”), type of aircraft (if advised) or destination airport will all be treated as insignificant changes. 15. If we have to make a significant change to or cancel a confirmed tour, we will in addition to the options set out in clause 14 pay you compensation depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the options set out in clause 14 can be accepted where (a) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (b) we have to cancel because the minimum number of bookings necessary for us to operate your tour has not been reached – see clause 2. No compensation will be payable and the options set out in clause 14 will not be available if we have to cancel as a result of your failure to comply with any requirement of these terms and conditions entitling us to cancel (such as paying on time) or where a change is an insignificant one. 16. Very rarely, we may be forced by Force Majeure (see clause 28) to change or terminate your tour after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we will be unable to make any refunds (unless we obtain any refunds from our suppliers which we do not use to pay for alternative services), pay you any compensation or meet any costs or expenses you incur as a result. Amendment or cancellation by you 17. If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than 7 days before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £50 per person must be paid before the transfer can be effected. Any overdue balance payment must also be received. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight. 18. If you wish to make any amendments to your confirmed booking you must notify us in writing as soon as possible. It may not always be possible to make such amendments. Where we can, an amendment fee of £50 per person per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of tour dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the tour price where, for example, the basis on which the price of the original tour was calculated has changed. 19. You may cancel your booking by notice to us in writing and payment of the applicable cancellation fee as shown below. Cancellation notifications are not effective until received by us in writing (if received by us on a weekend day or public holiday the notification will be treated as having been received by us on the next working day). The following cancellation fees apply to each person(s) cancelling and where shown as a percentage are based on the total cost of the arrangements which are being cancelled excluding any insurance premiums, amendment fee or previously incurred cancellation charges which are all non-refundable in the event of your cancellation: Cancellation Fees Period before your tour commences within which written notification of cancellation is received by us Cancellation period Fee per person 120 days and over Loss of Deposit 119 to 91 days 50% of tour price 90 days or less 100% of tour price Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Our liability 20. We will ensure that the tour arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these terms and conditions, we will accept responsibility and pay you appropriate compensation if, for example, you suffer death or personal injury or your contracted tour arrangements are not provided as promised or prove deficient as a result of the failure of us, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted tour arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). 21. We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: - - the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or - the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable/unavoidable or - unavoidable or extraordinary circumstances or force Majeure as defined at clause 28 below. 22. We cannot accept responsibility for any services which do not form part of our contract with you. This includes, for example, any additional services or facilities which any hotel or other supplier agrees to provide for you where the services or facilities are not advertised in our tour brochure as part of your tour and we have not agreed to arrange them as part of our contract and any excursion or other services you purchase during your tour. Where any such excursion or services are purchased through or with our assistance, please note that we act only as booking agent. Your contract will be with the operator or provider of the excursion or services in question. We have no liability in relation to the same. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. 23. The promises we make to you about the services we have agreed to provide or arrange as part of our contract and the laws and regulations of the country in which your claim or complaint occurred will be used as the basis for deciding whether the tour arrangements in question had been properly provided. If the particular arrangements which gave rise to the claim or complaint complied with the then applicable local laws and regulations, the services will be treated as having been properly performed or provided. This will be the case even if the arrangements did not comply with the laws and regulations of the UK which would have applied had those arrangements been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable tour participant to refuse to take the tour in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 20. We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care. 24. As set out in these booking conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £1,000 per person affected unless a different limitation applies to your claim under this clause or clause 25 below. For all other claims which do not involve death or personal injury, Call us on 0808 296 3399 visit emeraldyachtcruises.co.uk or contact your local travel agent 69