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142 Booking conditions 1, Contract 1 These terms and conditions (“Conditions”) form the basis of the contract between You and Scenic Tours Pty Ltd (“Emerald Waterways”, “Em Cruises”, “Evergreen Journeys”, “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, and/or, depending on your Journey, Destination Specific Terms. 1.2 If Your Journey includes a Cruise, You will also be subject to the Cruise Conditions. 1.3 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 Journey. If you do not understand and accept the Conditions and the terms of the Contract, you should not make any payment to Us and in this case, we will cancel Your Booking in accordance with clause 3.3 of these 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 Itinerary does not form part of the Contract. 1.6 We may amend these Conditions from time to time. If We amend the Conditions, We will publish the amended version on Our Website. We will also provide the current version of the Conditions to You upon request. You will be bound by the current version of the Conditions at the time You make Your Booking. 17 If Your Journey includes a Cruise, Your transportation on any river cruise vessel during Your Journey, will also be subject to the terms and conditions of the Operator of the vessel (“Operator Conditions”). Although the Operator may be related to Us, it is a separate legal entity and business and You will enter a separate contract (based on the Operator Conditions) with each Operator. The Operator Conditions are published on Our Website and are also available on request by contacting ‘one of our team at the Customer Service Contact Address. It is important that You read the Operator Conditions carefully to ensure that You understand Your rights and obligations under them. You confirm Your understanding and acceptance of the Operator Conditions by paying Your Booking Deposit or otherwise paying any part of the price of Your Journey to Us. 1.8 All travel involves risks. We strongly recommend You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Journey including cover for loss of luggage, medical expenses and costs and expenses incurred due to cancellations, delays or other disruptions. 2. Meaning of Words In these Conditions, the following words and expressions have the following meanings: (@) “Booking” means the booking You have made with Us for the Journey. (b) “Booking Deposit” means a booking deposit in an amount which We have notified You before You make Your Booking; (©) “Captain” means the captain of a Cruise Vessel (d) “Cruise” means a cruise constituting or forming part of Your Journey; (e) “Cruise Director” means any person designated by Us as the cruise director for any Cruise. (f) “Cruise Vessel” means a vessel used for the purpose of providing a Cruise. (g) “Customer Service Contact Address” means the details for contacting Us set out in clause 13.1 of the Conditions. Ch) “Flexible Booking Plan” means Our flexible booking plan as set out on Our Website and referred to in clause 12.6. (i) “Destination Specific Terms” means terms and conditions specific to a particular Journey, as published in the Journey Brochure or on Our Website for the relevant Journey, or, where applicable, set out in clause 14 of these Conditions. (j) “Drone” means an unmanned aerial vehicle or UAV, being an aircraft of any size that operates without a pilot on board. (k) “Force Majeure Event” means any act of God, war, terrorism, fire, flood or any other extreme weather conditions or act of nature, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, political unrest, riots or civil disturbances, prohibitions or acts of Federal, State, Territory, or Local government or, quasi-governments bodies or other authorities (including, in each case, their duly constituted or appointed agents), inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages, any border closure by any country or any Australian States or Territory, or other disruption to the Journey beyond Our control. ()) “General Waiver” means the general waiver available at Our Website. (m) “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. (n) “Itinerary” means the Itinerary for Your Journey issued by Us, subject to any amendments made by Us from time to time in accordance with the Contract. (0) “Operator” means the owner or operator of a Cruise vessel, who is a separate legal entity and business, whether or not related to Us. (p) “Operator Conditions” means the Operator's conditions of carriage for a Cruise vessel, which are available on our Website and otherwise on request (q) “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. (1) “Service Provider” means any independent contractor engaged by Us to provide a Journey or any part of a Journey, and includes an Operator. (s) “Journey” means a journey or journey package offered or provided by Us. (t) “Journey Brochure” means the brochure for Your Journey published by Us in hard copy or electronically and includes any amendments notified on Our Website from time to time. (u) “Journey Departure Date” means the scheduled departure date for the Journey set out in Your Itinerary. (v) “Tour Director” means any person designated by Us as the Tour director for Your Journey. (w) “Journey Price” means the total amount payable by You for the Journey. It includes the Booking Deposit. (x) “Validity Period” means in respect of a Journey Brochure, the validity period stated in that brochure. (y) “Website” means Emerald’s website at www. emeraldcruises.com.au. (z) “Your Journey” means the Journey You have booked with Us, as outlined in Your Itinerary (aa) “Future Travel Credit” means a credit Issued by Us to You if We cancel Your Booking as a result of the occurrence of a Force Majeure Event under clause 5.4 of these Conditions which may be redeemed against a future booking in accordance with clause 5.4(c). 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 Journey Departure Date, the 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 Journey Price and provide You with Your Itinerary at the time of making Your Booking. 3.3 A booking deposit of $100 per person must be paid within 24 hours. A further $900 per person to be paid within 48 hours. If we do not receive your booking deposit within 2 days of making the 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 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 Journey Price and You must pay both the deposit and full costs for such additional services separately to the Booking Deposit and 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 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 Flexible Booking Plan, Booking Deposits are not refundable and are not transferable to other Journeys or Bookings. 3.8 If You make Your Booking within 90 days of Your Journey Departure Date, You must pay Your Booking Deposit before We can process Your Booking and confirm Your Journey Price. Your Booking is not confirmed until You have paid the Journey Price. We will notify You of the Journey Price promptly after We have calculated it. If You do not confirm Your acceptance of the Journey Price in writing within 7 days of receipt of notification from Us, You will be deemed to have rejected the Journey Price. If You notify Us that You have rejected the Journey Price or if You are deemed to have rejected the Journey Price, We will cancel Your Booking and refund Your Booking Deposit. If You accept the Journey Price, You must pay the outstanding Journey Price within 24 hours of Us notifying You of the 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 Journey Price and all other amounts payable under the Contract no later than 130 days before the Journey Departure Date. If Your Journey includes a Cruise You must pay the balance of the Journey Price to Us no later than 130 days before the Journey Departure Date. 3.10 If You wish to change any incidental component of Your Booking, such as any pre or post-journey accommodation or add-ons, You must contact Us. We may accept or reject Your request at Our absolute discretion and if We accept, You must pay a change fee to Us for each change in accordance with clause 4.7(b) 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 Journey Departure Date is considered a cancellation of the original Booking. 4. Prices, inclusions and fees 4.1 All Journey Prices are quoted in Australian Dollars. 4.2 If You pay Us by credit card a surcharge may be added, please enquire for details. There is no surcharge for payments made by cash, cheque or direct transfer to Our nominated bank account. 4.3 Your Journey Price includes all coach, rail and cruise travel set out in the Itinerary; the services of a Cruise Director, and/or Tour Director; meals as specified in Your Itinerary; accommodation; sightseeing and admissions; and where stated in Your Itinerary; port charges; all onboard gratuities and tipping; and any other specific inclusions identified in Your Itinerary. 4.4 Unless expressly listed in Your Itinerary as an inclusion, Your Journey Price does not include airfares; airline taxes; 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 GST); or any items or expenses of a personal nature. 45 Unless stated as an inclusion in Your itinerary, overnight accommodation required to meet Your Journey and/or any flight connections are not included in the Journey Price and will be at Your
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