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Journey for any reason within 90 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable toa cancellation charge of 100% of the Journey Price, regardless of when you notify us. You may also be liable to pay cancellation fees to airlines and other third parties. 4.11 We may vary Your Journey Price at any time before You have paid the Journey Price in full to the extent necessary to meet any increase in the Journey costs for reasons outside Our control, including airfares, fuel, government taxes and charges, exchange rate fluctuations or other Journey related costs or tariffs. We will not vary the Journey Price after We have received the total Journey Price from You, regardless of any increases in the costs incurred by Us. We il notify You of any such variation using the Guest Contact Detail 4A2You are coe for and must pay for all costs and expenses incurred by You as a result of any change made 'You to Your Itinerary after Your Journey Departure Date. This includes changes due to illness or other personal reasons. 5. Cancellation, delays and changes to Your Itinerary 5:1 Your Bookingis conditional on Us receiving a minimum number of Journey or cruise passenger bookings to operate the Journey and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey or Journey Departure Date. 5.2 We will use reasonable endeavours to mal decision to cancel or delay a Journey or Cuan mts notify Youot that decision at least 0 daye prior tothe scheduled Journey Departure Bef We earliest opera see ey 7 dys or more before departure fr any reason other than as arresult of the occurrence of a Force Majeure Eve fa Wasi poeeea de recite ioe atin closest available Journey or Cruise departure. if the roposed alternative Journey or Cruise is: (cheaper than Your original Journey Price, We will refund the difference to You; or (i) more expensive than Your original Journey Price, You ‘must pay the difference to Us; (0) if You accept the proposed alternative Journey or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary; (@ifYou do not eccept the proposed atematve Journey or Cruise within 7 days of being notified by Us of alternative, We wil cancel our Bookingard meee Contract, refund to You all monies paid directly to Us and will have no further liability to You;and (@) 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, as a result of the occurrence of a Force Majeure Event, We; (@) cancel or delay the departure of a Journey prior to the Journey start date We will: (i) cancel Your Booking and terminate the Contract; (i issue You with a Future Travel Credit to the value of all monies You have paid directly to Us for the cancelled Booking;and fund any amounts You have paid directly to Us. for the cancelled Booking; (b) cancel a Journey after commencement We will: (i) cancel Your Booking and terminate the Contract; and i ind any amounts You have paid directly to Us. for the cancelled Booking; (issue a Future Travel Credit to You: () You may apply It towards any future booking fora Journey with a Journe ire Date within 24 months after the date on which We cancel Your Booking subject ® ep aea any Future Travel Credit capacity limits 'your selected Journey or cruise; iH Ifyour: original booking ae for an ocean or river Cruise, the Future Travel Credit can only be applied to avallale oosen are ver cruises Within te Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours). (ii) IF your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours). (iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another to apply towards any future Booking for a Journey with a Journey Departure Date within 24 months after the date on which We cancel Your Booking; (Wits use for any future booking Is subject to availability; (v) Itcannot be applied against stand-alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerar (vii Its not redeemable in whole or in part for cash and will expire to the extent It Is not used;and (vil) You (or the person to whom ItIs transferred) must pay any shortfall between the value of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 of these Conditions. 5.5 We will use reasonable endeavours to provide the Journey You have booked in accordance with Your FLIGHT CENTRE Terms and Conditions eee eee ways be possibl for Us to adhere strictly to Your itinerary and the Operator me pera ‘to the Journey or Your Tenn iete eee ae ee Seineaueonalets e Operator's control, We are nel to noe the dome ecoardenas in You Winerary We wil use reasonable end (@) give You reasonable notice of any skerating But Hae eee eee enor a wien ateations wile raqled with itl, oro, evans o re ‘or arrange appropriate alternative activities, transport and accommodation as required. 5.6 The circumstances in which Your Itinerary or the Journey may be altered include: (@) high or tow water levels in any river or canal; (b) lock closures, unscheduled vessel maintenance or other operational reasons; (c) road, river or weather conditions; (@)national or local holidays affecting the closure of public buildings or attractions; (@) Force Majeure Events; ( emergency events, accidents, injuries or other incidents involving You or other passengers;and @ any other event beyond Our control. 5.7 Alterations to Your Itinerary or the Journey may include: ® ‘substitution of vessels for part or the whole of a urney ee eee ates 2 additional, erpaitoe a disembarkations, including the sles ‘motor: he © substitution of hotel accommodation for accommodation ona vessel; (alterations to arrival and departure times; @ alterations to sightseeing activities;and (f) reductions or increases in the time spent at a location. 5.8 if We or the Operator substitute any vessel, motor coach or accommodation under this clause 5, We or they will use reasonable endeavours 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 Wl benotied tour (@) if prior to Your Journey Departur phor sxoalon wes using the Guest Contact Detaks ora Your torre i cunngVour Journey, 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 ee rea ee es alteration to Your Itinerary or substitution carried cae Wyercorne within calles i cling Wie limitation any (@) claim for distress, Bee 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 Journey 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 alltimes. 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, fe may terminate the Contract and withdraw You from the Joumey with immediate effect itis reasonably practicable to do so, the Tour Director or Crui Dee sec Warr Voll aca Ppa nt racy tetera ia cartes You from the Jour aur ae antral ea tom teeter eon 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. 6.4You must have a valid passport with an expiry date of at least six (6) months after the last scheduled day of Your Journ 6.5You must ensure that You obtain prior to the Journey Departure Date all required entry visas for all countries to be visited during the Journey, as failure to obtain correct, documentation may affect Your participation in certain shore excursions and entry to certain countries during the Journey. 6.6 if You do not have the correct visa or other documentation necessary to enter a country o1 participate in any aspect of aJourney (“Documentation”): INSTORE | ONLINE | CALL | APP. Scenic? 163 (@) We will not refund to You all or any portion of the 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 Journey. 67 If You are unhappy with something that does or does not happen on Your Journey, You must first use all reasonable endeavours to negotiate with Us in good faith to settle the dispute before commencing proceedings inany 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 7A 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: (@) 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: ock closures; unscheduled vessel or vehicle maintenance; (b) changes to the Journey and Your Itinerary in the circumstances described in clause 5.6 of these Conditions; (c) forces of nature; illness; light schedule changes or cancellations loss of uggage epidemics or pandemics political unrest; accidents; acts of terrorism or ot criminal acts; ‘changes to government visa or’ resell requirements; or (other beyond Our control. 72You must make Your own enquiries regarding Your Journey, including being aware of any relevant government travel safety warnings. 8. Liability 8.1 Nothing in’ Hal coe ‘or the Contract operates to ‘exclude, restrict o the application of any provision ofthe Competition and Consumer Act 2010 Cth, including the Australian Consumer Law, or any equivalent State or ia lellation, the exereise of aright conferred by su oF Out Uablity fr breach of a carta e,concition or warranty implied by auch a provision, where itis 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 Ee for any loss, cost or damage (including loss of ent) suffered directly or indirectly in connection with (2) any Journey risks or other aspects ofthe Journey disclosed to You in the Conti (b) any change to Your ian or delays in departure or arrival times of aircraft, vessels or otherwise during the conduct of the Journey; (0)any loss or damage to Your baggage or belongings; (¢) any personal injury or death resulting from the acts or omissions or negligence of any third parties providing f20ds o services toYou during the Journey including at Is, shore excursion operators, restaurateurs, transportation providers and medical porsonnel,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 cles of negligence by Us) sited tothe Journey Price You have pait 8.4Tothe maximum extent permitted by law and subject to clause 81, 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 expen: a heat ferried ty ae all eaoreseny ted warranties, guarantees, representations, or terms are expressly excluded. Where the law implies any guarantee, condition or warranty which cannot be excluded, Our ably toYoufor breach of such an implied guarantee, warranty is limited, to one or more of the flow ing: (@) in the case of goods:the if goods, replacement of cs the bupely cr ecniialen gone orthscoat or eoaia replacement or supply of equivalent goods; or (b)in the case of services: supplying the eee payment of the cost of supplying the services 8.6 Subject to clause 8.1, You acknowledge a ao that where Your Journey, any part of Your Journey, accommodation, flights or any other good or service are not diectly provided by Us, but s 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. 9. Force Majeure Event 911 If the performance of Our or a Service Provider's obligations is prevented, delayed or materially affected by the occurrence of a Force Majeure Event, those obligations are suspended for the duration of the Force Majeure Event. 9.2 We may cancel or delay aJourney as a result of the . 137079
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