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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 (©) changes to the Journey and Your Itinerary in the circumstances described in clause 5.6; (©) 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 (d) other circumstances beyond Our control. 7.2 You must make Your own enquiries regarding Your Journey, including being aware of any relevant government travel safety warnings. 8. Liability 8.1 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, or New Zealand 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. 8.2 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; (b) 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; (d) 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, shore excursion operators, restaurateurs, transportation providers and medical personnel; 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 81, 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 claims of negligence by Us) is limited to the Journey Price You have paid to Us. 8.4 To the maximum extent permitted by law and subject to clause 8.1, 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 expenses. 8.5 You acknowledge and agree that We are not 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 a Force Majeure Event. 8.6 If a delay or failure occurs or is anticipated due to Force Majeure Event, Our obligations are suspended for the duration of the Force Majeure Event. 8.7 We may immediately terminate the Contract, if the Force Majeure Event delays performance of the Journey for a period of 7 days or more, calculated from the date We notify You of the Force Majeure Event. 8.8 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: (a) 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. 8.9 Subject to clause 8.1, 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 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 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. 9.3 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. 9.4 If we cancel or delay a Journey in the circumstances described in clause 9.2: (a) 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; (6) 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 10.1 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 and New Zealand. By making a Booking You give Us Your consent to use and disclose Your Personal Information in the manner described in this clause 10.1 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. 10.3 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. TI. General Provisions Tl] 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 any waiver by Us (either wholly or in part) operate as a subsequent waiver of the same or any other right. 11.2 The Contract is governed by the laws in force in New South Wales. 11.3 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales 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. 1.5 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; (©) a reference to a party includes its successors, permitted assigns, administrators and substitutes; (d) where a word or phrase is defined, its other grammatical forms have the corresponding meaning; (@) the word ‘include’ in any form is not a word of limitation; (f) 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. 11.6 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 12.1 Journey Participation (a) 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: (i) 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 journeying. 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 additional storage space on board. (iii) 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, Zodiacs are via a marina platform and requires the ability to step into and out of these vessels unaided. (©) Our discretion: We may, in Our absolute discretion, decline Your Booking if We are of the view that: ()) We cannot adequately provide for any or all of Your special needs; (ii) Your health, safety or enjoyment, or that of any other passengers attending the Journey may be at risk; or (iii) 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: (a) 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. (b) 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). (e) 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. (i) You acknowledge 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 to time.
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