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762 BOOKING & SALE TERMS & CONDITIONS IMPORTANT NOTICE The following terms and conditions govern the booking and sale of your cruise tour through Viking River Cruises Australia Pty Ltd (ACN 131 274 372) ("VRC"). Also refer to the passenger ticket contract with the carrier (“passenger ticket contract”) for the terms and conditions governing the cruise tour itself. The passenger ticket is available at www.vikingcruises.com.au/passengerticketcontract and is also delivered at the time of booking. Please carefully read these legally binding terms and conditions as well as the terms of the passenger ticket, which contain disclaimers, specific limitations of liability, and substantial penalties for cancellation. Please also read these terms and conditions, the terms of your passenger ticket contract, and the information and requirements posted at www. vikingcruises.com.au/oceans/my-trip/health-and- safety/ health-and-safety-program.html, as well as any communications sent to you for updated policies and procedures related to covid-19 (“COVID-19 Policies and Procedures.”) GENERAL CONDITIONS These are terms and conditions ("Terms") for www.vikingcruises.com.au and all other websites, mobile applications, onboard media, blogs, phone, in person, social media and other places, and other online or wireless offerings, whether accessed via computer, mobile device or other technology, owned or operated by VRC or on our behalf (collectively, our “Access Points”). If you do not agree to these Terms, please refrain from accessing the Access Points which offer information on cruises, tours and other products and offerings, including transportation of passengers and baggage on all cruise vessels and other transportation and arrangements (collectively, the “Services") specifically and solely provided by the vessel owner, operator, charterer and/ or managers (collectively the “Carrier”. Users of these ‘Access Points agree to be bound by these Terms and the Viking Cruises Privacy Policy (the “Privacy Policy”) available at www.vikingcruises.com.au/ privacy-policy/ index.html. These Terms and the Privacy Policy apply to all visitors, users, and others who use the Access Points to access the Services (“Users”) and may not be otherwise modified except by a writing signed by an authorized corporate officer of VRC. As used in these Terms, “Cruise Fare” means the total amount Carrier charges in its invoice and which is paid as cruise tour fare and for those additional facilities and services added to the cruise tour, but excludes Optional Facilities, Services Fees (as those terms are defined in your Passenger Ticket Contract) and/or personal charges. The term “Full Fare” is defined as the full combined Cruise Fare, plus land or air component purchased from Carrier and excluding Optional Shore Excursions (as defined in your Passenger Ticket Contract). DISCLAIMERS VRC acts solely as an Australian and New Zealand sales and marketing agent for the carrier of the ships described in the Viking brochures, website or any other promotional material and for all related travel services. All related services, including land, air and water transportation, accommodations and excursions which comprise your cruise tour, are purchased from third-party providers. VRC neither owns nor operates any vessel or other means of transportation, accommodations or other travel or leisure facilities. The carrier, and not VRC, employs the crew, operates and maintains the vessel, and conducts the cruise tour. Under no circumstances shall VRC be construed as a carrier or as a provider of travel services ‘or accommodations of any nature. VRC assumes no responsibility or liability whatsoever for acts or omissions of the carrier or those persons or entities providing travel services, accommodations or any other element of a cruise tour. VRC is not responsible for damage, injury, illness, death, loss, accident, delay or irregularity of any kind, occasioned by reason of any act or omission arising during or from the cruise tour. You specifically release VRC from any and all claims for loss or damage to baggage or property and for injury, illness or death, and from all other claims and any loss or delay, arising out of the acts, omissions or negligence of the carrier or other independent contractors, such as air carriers, hotels, shore excursion operators, restaurateurs, departure up to the scheduled time of departure: Cancellation Fee Schedule Effective for Cruise Tours (other than Grand & World Cruise Voyage) booked on and after August 1, 2021: transportation providers, spa professionals, medical personnel or other providers of services or facilities. Legally binding terms: in making a cruise fare deposit or any form of approved payment as shown on the invoice, you agree to be bound by these terms and all provisions contained in the passenger ticket contract for your cruise tour. Both these terms and the passenger ticket contract govern your rights and responsibilities and all disputes, including specifically limitations of liability and damages, time limits for claims and suits, class action waiver, forum for suits and governing law. In the event of any conflict between the passenger ticket contract and these terms, the passenger ticket contract controls. DEPOSIT AND PAYMENT POLICY To confirm the booking, a non-refundable deposit specified at the time of booking is required within 3 days of making your booking or your reservation will be cancelled. When more than one cruise is booked, this Payment Policy applies to each cruise fare. Exceptions to this payment policy apply for Viking’s World & Grand Cruises which require a 20% deposit of the Full Fare at time of booking the cruise tour. The final balance is due (being the full cost of Your Tour as specified on the invoice provided to you at the time of booking) is due no later than 120 days prior to your cruise/tour departure date (unless otherwise stated or within 3 days of booking if cruise/tour departure date is within 120 days of sailing). All reservations are subject to cancellation without notice if payments are not received by the due date. (See Cancellation Policy below for additional details.) PAYMENTS Visa, Mastercard, American Express, checks made payable to “Viking River Cruises Australia Pty Ltd" and Electronic Funds Transfers are all acceptable forms of payments. Some credit card companies may impose a “Foreign Transaction Fee” even though your transaction is denominated in Australian dollars. This is an arbitrary fee that occurs in a small number of cases and accrues entirely to the credit card-issuing bank. If a Foreign Transaction fee is applied by the issuing bank, Viking will provide reimbursement of such fees to a nominated bank account once a credit card statement is provided for verification. CANCELLATION POLICY In the event you cancel a cruise or tour booking, cancellation fees will apply as noted below unless otherwise expressly stated in your Passenger Ticket Contract or elsewhere in these Terms, or except as provided by applicable law. Cancellation fees also will apply to changes to departure date; substitutions of itinerary; substitution of another person for original booked passenger(s); and changes to a promotional fare. No refunds shall be made in the event of interruption or cancellation by a passenger after commencement of the cruise unless otherwise expressly stated in your Passenger Ticket Contract or elsewhere in these Terms, or except as provided by applicable law. All cancellations must be in writing and sent to VRC's office located at 6/66 Wentworth Avenue, Surry Hills, NSW 2010, Australia or emailed to [email protected] For all air-inclusive packages cancelled after issuance of an airline ticket, the air travel portion is non-refundable. You acknowledge that your cancellation will cause VRC and Cartier difficulty in selling a replacement cruise or cruise tour and thus the cancellation fees described herein apply regardless of whether your cruise or cruise tour is resold. You agree that any losses sustained by VRC and/or Carrier in the event of cancellation would be very difficult or impossible to quantify, and the cancellation fees are fair and reasonable as liquidated damages. The following cancellation fees will be assessed for all written cancellations received prior to Cruise/Tour/Land/Air Inclusive Cancellation fee Written Notice received Days Prior to Departure Date Per Passenger 121 days or more Loss of deposit 120-60 days 50% of Full Fare 59-0 days 100% of Full Fare Cancellation Fee Schedule Effective for Grand & World Cruise Voyages booked on and after August 1, 2021 Written Notice received Cancellation fee Per Days Prior to Departure | Passenger Date 180 days or more ‘AUS2,000 20% of Full Fare 40% of Full Fare 179-150 days 149-120 days 119-90 days 60% of Full Fare 89-60 days 80% of Full Fare 59-0 days 100% of Full Fare A ull refund will be given for most optional shore excursions if you give notice of cancellation at least 48 hours prior to the optional shore excursion. REFUSAL OF PASSAGE; TERMINATION BY PASSENGER You shall not be entitled to a refund of any amount paid if you must leave the tour prematurely for any reason unless expressly otherwise stated in your Passenger Ticket Contract, nor shall VRC or the Carrier be responsible for any lodging, meals, return transportation, medical or other expenses or loss incurred by any tour participant in these circumstances. Refer to the Passenger Ticket Contract for further details. ADVANCED, CANCELLED OR DELAYED; ACTS OF GOD; STRIKES; OTHER CHANGES: VRC and the Carrier reserve the right to withdraw and/ or cancel a tour or to make changes in the itinerary and hotel accommodations whenever, in their sole judgment, the conditions warrant it. In the event of charters of the vessels, adverse weather or water conditions, mechanical or other issues with the vessel, docking issues, government or other authority actions, truces, lockouts, riots, strikes or labour difficulties from whatever cause; or explosion, fire, collision, standing or foundering of the vessel, or breakdown or failure of or damage to the vessel or its hull or machinery or fittings howsoever and wheresoever any or the same may arise or be caused, or civil commotion, riot, insurrection, war, requisitioning of the vessel, political disturbance, acts or threats of terrorism, inability to secure or failure of supplies including fuel, epidemics or pandemics of communicable diseases (including but not limited to COVID-19, influenza, norovirus), governmental restraints or declarations relating to epidemics or pandemics, health emergencies, acts of God, or other circumstances beyond VRC or Carrier's control, VRC or the Carrier may, at any time, cancel, advance, alter, substitute or postpone any scheduled cruise or cruise tour and may, but is not obliged to, substitute another vessel or itinerary and neither VRC nor the Carrier shall be liable for any lodging, meals, return transportation, medical or other expense or loss whatsoever, whether to booked or actual passengers or third parties, by reason of any such circumstances, except as expressly set forth in the Passenger Ticket Contract or as required by applicable law. TRAVEL AGENTS Your travel agent acts solely for you as your agent, and not as agent for VRC or the Carrier, in making the arrangements for the cruise or cruise tour and any related transportation, lodging or activities. Neither VRC nor the Carrier are responsible for any representation or conduct of your travel agent, including but not limited For complete terms and conditions, visit viking.com
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