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Days of notice prior to Cancellation charge Journey commencement (per person) Over 120 days Loss of deposit 119 to 91 days 25% of Journey Price 90 to 61 days 50% of Journey Price 60 to O days 100% of Journey Price You may also be liable to pay cancellation fees to air carriers and other third parties. 4.9 If using a Future Travel credit and You cancel Your Journey for any reason prior to 131 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable to a cancellation charge of 100% of the Journey Price held as a Future Travel Credit, regardless of when you notify us. If the Future Travel Credit is not utilised within 24 months of the date of cancellation, the full amount wil be forfeited. You may also be liable to pay cancellation fees to airlines and other third parties. 410 If using a Future Travel credit and You cancel Your Journey for any reason within 130 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable to a 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. No funds will be kept In credit for any future journey. 4111 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 will notify You of any such variation using the Guest Contact Details. 412 Youare 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 Journey Departure Date. This includes changes due to illness or other personal reasons. 5. Cancellation, delays and changes to Your Itinerary 51 Although we reserve the right to cancel, delay or alter a Cruise for operational reasons, we will generally not cancel or consolidate a Cruise due to lack of passenger numbers. However, if minimum passenger numbers are not met, we reserve the right to limit the facilities, amenities and activities available on the Cruise Vessel. 5.2 We will use reasonable endeavours to make any decision to cancel or delay a Journey or Cruise, and to notify You of that decision, at least 60 days prior to the scheduled Journey Departure Date. 5.3 If We cancel or delay the departure of a Journey by 7 days or more, for whatever reason, before departure for any reason other than as a result of the occurrence of a Force Majeure Event: (a) We will use reasonable endeavours to offer You the closest available Journey or Cruise departure. If the proposed alternative Journey or Cruise is: (i) cheaper than Your original Journey Price, We will refund the difference to You; or (ii) more expensive than Your original Journey Price, You must pay the difference to Us; (b) if You accept the proposed alternative Journey or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary; (©) if You do not accept the proposed alternative Journey or Cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, 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, as a result of the occurrence of a Force Majeure Event, We; (a) cancel or delay the departure of a Journey prior to the Journey start date We will: (i) cancel Your Booking and terminate the Contract, (ji) issue You with a Future Travel Credit to the value of all monies You have paid directly to Us for the cancelled Booking; and (i) not refund 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 (ii) not refund any amounts You have paid directly to Us for the cancelled Booking; (C) issue a Future Travel Credit to You: () You may apply It towards any future booking for a Journey with a Journey Departure Date within 24 months after the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to your selected Journey or cruise; (ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours). (i) 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 person 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; (v) its use for any future booking Is subject to availability; (vi) It cannot 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 itinerary (vii) It Is not redeemable in whole or in part for cash and will expire to the extent It Is not used; and (vill) You (or the person to whom It Is 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 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 Journey or Your Itinerary, before or after the commencement of the Journey. Where, due to circumstances outside the Operator's control, We are unable to provide the Journey in accordance with Your Itinerary, We will use reasonable endeavours to: (@) 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) Grove or arrange appropriate alternative activities, transport and accommodation as require 56 The circumstances in which Your Itinerary or the Journey may be altered include: (a) tidal waters or high or low water levels in any ocean or sea, river, canal, bay, cove or port; (b) port closures or port restrictions due to weather or other operational reasons (©) lock closures, unscheduled vessel maintenance or other operational reasons; (d) road, river, ice or weather conditions; (©) national or local holidays affecting the closure of public buildings or attractions; (A) Force Majeure Events; (g) emergency events, accidents, injuries or other incidents involving You or other passengers; and (h) any other event beyond Our control. 57 Alterations to Your Itinerary or the Journey may include: (a) substitution of vessels for part or the whole of a Journey; (b) cabin changes on a vessel; (© substitution of another port or anchor location; (d) additional embarkations and disembarkations; © substitution of alternate transportation, including the use of motor coaches; (A) substitution of hotel accommodation for accommodation on a vessel; (g)alterations to arrival and departure times; (h) alterations to sightseeing activities; and (i) reductions or increases in the time spent at a location. 58 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 will be notified to You: (@) if prior to Your Journey Departure Date, by phone, email or post using the Guest Contact Details or via Your travel agent; or (©) if during Your Journey, personally by Your Cruise Director or Tour Director. 510 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: (@) 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 (© 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 froma failure to meet a connection. 6. Your Journey obligations 6. For the comfort and safety of You and Your fellow passengers and other people, You must follow the Captain, Discovery Team Leader and Cruise Director's instructions at all times. 6.2 If We, the Captain or Cruise 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 or the Cruise Director, We may terminate the Contract and withdraw You from the Journey with immediate effect. If it is reasonably practicable to do so, the Captain or Cruise Director will provide a warning to You and allow You an opportunity to rectify Your behaviour before We withdraw You from the Journey. 6.3 If You are withdrawn from the 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 expiry date of at least six (6) months after the last scheduled day of Your Journey. 65 You 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 or participate in any aspect of a Journey (“Documentation”): (@ We will not refund to Youall 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 in any 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 71 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, ocean or sea, ice or weather conditions; national or local holidays affecting the closure of public buildings and attractions; Force Majeure Events; tidal water levels, high water levels; low water levels; flooding; unfavourable ice, or weather conditions; port or lock closures; unscheduled vessel or vehicle maintenance; or any unforeseen events or emergency situations (b) changes to the Journey and Your Itinerary in the circumstances described in clause 5.6 of these Conditions; (© 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 @) other circumstances beyond Our control. 72 You must make Your own enquiries regarding Your Journey, including being aware of any relevant government travel safety warnings. 8, Liability 81 Nothing in these Conditions or the Contract operates to exclude, restrict or modify the application of any provision of the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any equivalent State or Territory legislation, the exercise of a right conferred by such a provision, or any of Our liability for breach of a guarantee, condition or warranty implied by such a provision, where it is unlawful to do so. All exclusions and limitations of Our liability under the Contract must be read subject to this clause. 82 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 Journey risks or other aspects of the Journey disclosed to You in the Contract; (©) any change to Your Itinerary or delays in departure or arrival times of aircraft, vessels or otherwise during the conduct of the Journey; (©)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 goods or services to You during the Journey, including air carriers, hotels, 105
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