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shore excursion operators, restaurateurs, transportation providers and medical personnel; or (©)any disappointment or loss of enjoyment due to circumstances outlined in the Contract or otherwise beyond Our control. 83 Subject i ‘clause 81, but despite any other provision of the Contract, and to the extent permitté w, Our maximum liability to You or any third Party (including any claims of negligence by Us) is limited to the Journey Price You have paid to 84 To the maximum extent permitted by law and subject to aes 81, You acknowledge and agree We are not liable to You, under any circumstances, for any loss of enj opportunity, profit, savings, revenue or interest or any other consequential or indirect, incidental, special or punitive loss, damage or expenses. 85 To the extent permitted by law, all express or implied warranties, guarantees, representations, or terms are expressly excluded. Where the law implies any guarantee, condition or warranty which cannot be excluded, Our liability to You for breach of such an implied guarantee, condition or warranty is limited, to one or more of the following at Our option: (@) in the case of goods: the repair of goods, replacement of goods, the supply of equivalent goods or the cost of repair, replacement or supply of equivalent goods; or (b) in the case of services: supplying the services again or payment of the cost of supplying the services again. 8.6 Subject to clause 81, You acknowledge and agree that where Your Journey, any part of Your Journey, accommodation, flights or any other good or service are not directly provided by Us, but is 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 91 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 a Journey as a result of the occurrence of a Force Majeure Event which prevents, materially affects or delays, or which we reasonably determine is likely to prevent, materially affect or delay, Our or a Service Provider's ability to provide the Journey: (@) in accordance with the Contract; or (b) to a standard which We consider will meet the reasonable expectations of the Journey participants. 93 We will use reasonable endeavours to give You notice as soon as reasonably practicable of the occurrence of a Force Majeure Event that prevents, materially affects or delays, or Is likely to prevent, materially affect or delay, the performance by Us or a Service Provider of our obligations under the Contract. 94 If we cancel or delay a Journey in the circumstances described in clause 9.2: (@) to the maximum extent permitted by law, Your sole and exclusive rights and remedies will be those set out in clause 5.4 of these Conditions; (b) You acknowledge and agree that We are not otherwise liable for any delay or failure by Us or a Service Provider to perform Our obligations under the Contract, resulting from or as a consequence of the Force Majeure Event. 10. Privacy and Data Protection 10] In order for Us to process Your Booking and provide the Journey to You, You will need to provide to Us, and We will need to use Personal Information. We will need to provide Your Personal Information to Service Providers, as well as customs and immigration authorities. We may also provide Your Personal Information to security and credit checking organisations. Some of the persons to whom We provide Your Personal Information are located overseas, including in countries that may not_provide the same level of protection of Personal Information as Australia. By making a Booking You give Us Your consent to use and disclose Your Personal Information in the manner described in this clause 10.2 We may also use Your name and the Guest Contact Details for marketing purposes, unless You tell Us that You do not want Us to do so. You may do this by contacting the Customer Service Contact Address. 103 We will otherwise deal with Your Personal Information in accordance with Our privacy policy, which can be found on Our Website or provided on request. Tl. General Provisions 111 We may only waive a right or remedy created under these Conditions in writing. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does waiver by Us (either wholly or in part) operate as a subsequent waiver of the same or any other right. 112 The Contract is governed by the laws in force in New South Wales, Australia. 113 The parties submit to the non-exclusive jurisdiction of the ous of New South Wales, Australia and any courts competent to hear appeals from those courts. 114 Any term which is, by its nature, intended to survive termination of the Contract survives termination. 115 In these Conditions, unless the context otherwise indicates a contrary intention: (@) headings are for convenience only and do not affect interpretation; (b) singular includes the plural and vice versa; Ge reference to a party includes its successors, permitted assigns, administrators and substitutes; )) where a word or phrase is defined, its other grammatical forms have the corresponding meani © the) word ‘include’ in any form is not a word of limitation; (no rules of construction apply to Our disadvantage on the basis that these Conditions or the Contract were prepared by Us; (g)a reference to a natural person includes their personal representatives; and (h)a reference to a body (including institute, association or authority) which ceases to exist or whose powers or functions are transferred to another body is a reference to the body which replaces it or which substantially succeeds to its powers or functions. 116 The Journey Brochure is valid for Journey Departure Dates during the Validity Period unless otherwise indicated in Your Itinerary, and supersedes all previous brochures. ‘12. Important notices about Your Journey 12 Journey Participation (@) Special needs: We welcome You if You have a disability or other special need, provided You are accompanied by a companion capable of providing all the assistance You require. Please note that although We will use reasonable endeavours to provide You with all the activities on Your Itinerary, depending on Your disability, You may not be able to participate in every activity and the Captain or Cruise Director will have the right to refuse Your participation if the Captain or Cruise Director believes Your health and safety or the health and safety of any other person may be impacted by Your participation. You must advise Us (or Your travel agent) of any disability, medical condition or dietary requirement at the time of Booking, (b) Facilities: It is important to note that: (0) for safety reasons, passengers in wheelchairs cannot be carried on boarding ramps (which may be steep due to water levels) whilst the vessel is tied up or at anchor, or on to motor coaches, tenders, Discovery experiences including but not limited to Zodiacs and kayaks; and ii) collapsible walkers may be taken onto tender vessels for transfer to shore for the included touring. Walkers are however unable to be taken on the zodiacs at any time due to space restrictions. The walkers will be stored in the guest's suite - there is no adaitional storage space Gil) guests must be able to walk up/down stairs in the event of an emergency to reach emergency evacuation points. (iv) motorised scooters cannot be used on board (V) Wheelchairs and walkers can be carried in the luggage compartment of motorcoaches subject to space limitations. (vi) embarking and disembarking the tenders, Zod are via a marina platform and requires the ability to step into and out of these vessels unaided. © Or ceceion, We may, in Our absolute discretion, decline Your Booking if We are of the view that (D) We cannot adequately provide for any or all of Your special needs; (i) Your health, safety or enjoyment, or that of any other passengers attending the Journey may be at risk; or iil) You cannot or will not abide by any reasonable directions of the Captain or Cruise Director. 12.2 Cruises IF Your Journey includes a Cruise, the following provisions apply: (@) Deckplan: The deck plan, cabin sizes, images, inclusions and cabin layout in the Journey Brochure are indicative only and may vary. Pictured representations of cabins or rooms in Journey Brochures are not drawn to scale, Suite dimensions within each category may vary in size depending on their location on each deck. Suite measurements are based on gross calculations and include internal technical spaces. (©) Cruise Cabins: Your Journey Price is based on the Cabin category indicated in the Journey Brochure. Upgrades are subject to availability and will be at an additional cost. (© Port arrival and departure times: arrival and departure times are an indication only and are always subject to change without notice. (@) Cruise Itinerary: we reserve the right to substitute or cancel scheduled ports of call which, in our sole judgement and discretion, is justified for any reason and to do so without liability for any loss whatsoever to guests as a result of said change(s). (© Photography: Our Journeys offer some of the most spectacular and beautiful photographic scenery in the world, However, We cannot guarantee that every scene or highlighted featured in a Journey Brochure or Itinerary will be available on each Journey. No refund or other compensation will be available for any resulting missed scene or photographic “opportunity”. (f) Smoking: Smoking is limited to designated smoking areas during Your Journey. (® Youacknowledge that We may restrict smoking to specific times and locations during Your Cruise for the comfort of all passengers. (ii) Smoking is not permitted on coaches or such other places as nominated by Us from time ime. iid) Although We will use reasonable endeavours to ensure there are opportunities for You to smoke during the Journey, We cannot guarantee such opportunities will be available. (g) Noise, vibration and odour: While the Operators take reasonable steps to minimise noise, vibration and odours on the cruise vessels, You acknowledge and accept that some noise, vibration and intermittent odours may be experienced on vessels, and that We accept no responsibility, and will not be liable to You in relation to any such noise, vibration or odour. (h) Medical Services: (A medical centre is available onboard Emerald Azzurra and will be staffed according to the destination. (id) Due to the large number of passengers on board, We cannot provide a personal escort for medical visits. iil) We are not, and our Service Providers and the Operators are not, liable regarding the provision of any medical care You may require or choose to accept during your Journey. (i) Currency and credit cards (D Allpurchases on board a charge to Your shipboard account. The on-board currency is the Euro. Gi) Shipboard accounts may be paid by Euro or credit card. (@ WiFiand Internet Service: Internet facilities are available on board up to a pre-determined limit per suite at no additional charge. Any additional usage will be charged to the guest's suite. Complimentary Internet service does not apply to any third-party suppliers. i) Internet availability and quality may vary from country to country and can also be affected by technical issues, weather or unfavourable terrain and other factors outside Our control. iil) We do not guarantee the availability or quality of Internet connections or services. 123 Drones (@) General prohibition: Unless provided by Us or an Operator as part of an organised activity during Your Journey, the use of Drones is strictly prohibited at all times on Your Journey. (b) Legal restrictions: You should also be aware that, in addition to the prohibition in paragraph (@), the use of Drones is regulated or prohibited by law in many locations and unlawful use may result in arrest or prosecution by the relevant authorities. © Organised Activities: If We or an Operator allow You to operate a Drone as part of an organised activity during Your Journey, You must strictly comply with all instructions of the activity leader. 13. Additional Important Information 13] Air Travel and baggage (@) Airfare Conditions (@ Allairfares are subject to availability and conditions apply. li) Our reservations consultant will book an appropriate fare for Your Journey. iii) Some discounted airfares have conditions which make them unsuitable to be used in conjunction with Our Journeys. Full details and conditions may be obtained from Our reservations consultant or Your travel agent. IF You have any questions or concerns please contact Our reservations consultant or Your travel agent. (iv) Airfares booked as part of Your Journey will be through an appropriate route although ‘ay not be a direct flight; some included flights are unescorted. If You request a custornised route or direct flight You will be responsible for all additional costs. (v) Depending on departure date and time of booking the required booking class for airfare offer may be too far in advance to book with the appropriate airline. If the required booking class is unavailable air surcharges may apply. The flight quote including air taxes and surcharges will be confirmed once all air sectors are booked and confirms (vi) Taxes are defined as all airline and government taxes and surcharges. Taxes are subject to. change and will be advised at the time of flight reservation. (vii) All flights are subject to schedule changes and class downgrades as determined by the operating airline. You acknowledge and agree that We accept no responsibility and will not be
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