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124 Scenic? Scenic Eclipse Terms & Conditions 1.Contract 1.1 These terms and conditions (“Conditions”) form the basis of the contract between You and Scenic Tours Pty Limited (“Scenic’, "We", “Us” or “Our") (“Contract”). Itis important that You read the Contract carefully to ensure that You understand Your rights and obligations. Your Contract may also include adctional terms and concitions applicable to a special offer or promotion, and/or, dependingon your Journey, Destination Specific terms. 1.2 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 fake eany payment to Us and in this case, we will cancel You ing in accordance with clause 3.3 of these conditions. 1.3 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. 1.4 Your Itinerary does not form part of the Contract. 4.5 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 Bookinj 1.6 If Your Journey includes a Cruise, Your transportation on any river cruise or ocean 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, itis 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: adress. Itis important that You read the Operator Con 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. The Cruise Conditions will be provided with Your cruising ticket, which will be provided to You before Your Cruise. Where the Cruise ison board Scenic Eclipse, the | Scenic Cruise Passenger Ticket Terms ani hereby incorporated into and form part of these Terme & Conditions as if fully set out herein. 1.7 For other elected activities, the terms and conditions of the operator or service provider will apply. A copy of ‘these separate terms and conditions can be fecisatad by contacting our customer service team at th lomer Service Contact Address and may also be available to view on Our Website. Such terms and conditions (including but not limited to Helicopter Passenger Ticket Terms & Conditions) and a General Waiver are incorporated into and form part of these Conditions. 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 Inthese Conditions, the following words and expressions have the following meaning: (a) “Booking” means the ooking 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 }ooking; (c) “Captain” means the captain of a Cruise Vessel (d)“Cruise” means a cruise constituting or forming part of Your Journey; (¢)"Cruise Director” means any person designated by Us as the cruise director for any Crui ("Cruise Vessel" means a vessel used forthe purpose of foviding a Cruise and includes the Scenic Eclipse fleet. (@ “Customer Service Contact Address” means the details for contacting Us set out in clause 13.1 of the Conditions. (h) “Deposit Protection Plan” means Our deposit protection plan as set out on Our Website and referred toin clause 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 15 of these Conditions. () “Discovery Team Leader” means any person designated by Usas the Discovery Team Leader for any Cruise forming part of Your Itinerary (k) “Drone” means an unmanned aerial vehicle or UAV, being an aircraft of any size that operates without a pilot d. (0 “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, slo other strike activities, political unrest, riots or civil FLIGHT CENTRE disturbances, prohibitions or acts of government, semi government or other authorities, inability to obtain any necessary licence or consent and delays caused by sub- contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Journey beyond Our control. (m) “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). (n) “General Waiver” means the general waiver available at Our Website. (0) “Guest Contact Details” means Your contact details which You have provided to Us at the time of makin Your Booking, as amended by any written notice You may provide to Us from time to time in accordance with clause 14.1 of these Conditions. (p)“Helicopter Passenger Terms and Conditions” means the halcapear passenger terms and conditions available on Our Website. @) “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. () “Operator” means the owner or operator of a river cruise vessel, who is a separate legal entity and bu: whether or not related to Us. (6) “Operator Conditions” means the Operator's conditions of carriage for a Cruise vessel, which are available on our Website and otherwise on request to ("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. (u) “Service Provider” means any independent contractor engaged by Us to provide a Journey or any part of aJourney, and includes an Operator. W) Journey" means a Journey or ‘journey package offered or provided by Us. (w) Sourney 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. (X) “Journey Departure Date” means the scheduled departure date for the Journey set out in Your Itinerary. (y) “Tour Director” means any person designated by Us as the Tour Director for Your Journey. (2) Journey Price” means the total amount payable by You for the Journey. It includes the Booking Deposit ity Period” means in respect of a Journey Brochure, the validity period stated in that brochure. (bb) “Website” means Scenic’s website at www.scenicnz. ess, (cc) “Your Journey” means the Journey You have booked wlth Us, a8 outlined in Your nerery 3. Booking and Paym 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: (@) 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. .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 You must pay Your Booking Deposit within 7 days after making Your Booking. If We do not roche Your Booking Deposit within 7 days after You make Your Booking, We wil ally cancel Your Booking without further notice ‘0 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 3.6 For some special offers, We may require payment of a further deposit before the balance of the Journey 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. .7 Except as required by law or in accordance with the Deposit Protection Plan or as otherwise provided in th Contract, 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 INSTORE | ONLINE | CALL | APP 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. ifYou accept ie Journey Price, You must pay the outstanding Journey Price within 24 ure 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 ofthe Journey Price and all other amounts payable under the Contract no later than 100 days before Journey Departure Date If Your Journey includes a Cruse 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) of these Conditions 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 of these Conditions. 3.12 Aname change for a Guest or a change to the Journey Departure Date is considered a cancellation of the original Dear 4, Prices, inclusions and fees 4a AllJourney Prices are quoted in Australian Dollars. 42 fYou pay Us by creditcard a surcharge may be added, please enquire for details. There is no surcharge f 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, Discovery Leader (if applicable) and/or Tour Director; airport transfers outside Australia; meals as. specified in Your Itinerary; economy class group flights and air taxes as set out in your Itinerary; accommodation; sightseeing and admissions; and where stated in Your Itinerary; port charges; all 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 and associated fees, charges and taxes; additional optional activities: accommodation upgrades; meals not specified in Your Itinerary; drin| /; passport 5 \accinations; medical assistance: medical services on board Scenic Eclipse; Spa and beauty treatments in the Spa Sanctuary; government taxes and charges (excluding GST);or any items or expenses of a personal nature. All helicopter, submarine and scuba diving experiences are an additional cost. 4.5 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 expense. 4.6 We reserve the right not to honour any published prices that We determine were erroneous due to printing, electronic, or clerical error. If You make a Booking based on erroneous pricing, We will offer You the option of cancelling the Booking and receiving a refund of any amount paid by You or confirming the Booking by paying the difference between the erroneous price and the correct price, as, determined by Us. 47 The fllowing Fees are payable in addition to the Journey Pric {a} IF¥oubook 21 days or less before the Journey Departure Date, You must pay a late booking fee of $50.00 per 2 g coking. (b) If You change Your Booking, other than by varying the Journey Departure Date, You must pay a change fee of $50.00 per Booking. This fee is on account of administrative expenses incurred by Us in changing Your Journey and isa genuine and reasonable estimate of Our expenses. 4,8 if You cancel Your Journey for any reason prior Your Journey Departure Date including by changing Your Journey Departure Date or the name of a Guest), You will be liable for the following cancellation fee: Days of notice prior to Cancalanen charge Journey/journey commencement (per person) 130 days and over tae of deposit 129 to 91 days 50% of Journey Price 90 days and less (00% of Journey Price You may also be liable to pay c cancelation fees toair carriers and other third Gaifusinga Future Travel fered and You cancel Your Journey for any reason prior to 91 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 held as a Future Travel Credit, regardless of of the date of cancellation, the full amount will be forfeited. 137079
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