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160 Scenic? Scenic Eclipse Terms & Conditions (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; (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 asa consequence ofthe Force Majeure Event. 10. Privacy and Data Protect 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 sam level of protection of Personal information as Australi 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 tay do this by contacting the Customer Service Contact 10.3 We wil otherwise deal with Your Personal Information in accordance with Our privacy, oly, wt which can be found on Our Website or provided on request. 11, General Provisions 11.1 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 ofthat right or remedy, nor does any waiver part) operate as a subsequent iwaher of the same orany other right. 11.2 The Contract is governed by the laws in force in New South Wales, Australia. 11.3 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and an courts competent to hear appeals from those courts. 11.4 Any term which is, by its nature, intended to survive ‘termination of the Contract survives termination. 118 In these Conditions, untess the context otherwise indicates a contrary int (a) headings are for conventend ahly and de nokatveek interpretation; (b) singular includes the plural and vice versa; (c)a reference to a party includes its successors, permitted assigns, administrators and substitutes; (d) where a word or phrase is defined, its other rammatical forms have the corresponding meaning; (6) the word include’in any formis nota word of limitat (fino 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 itor which cubstantially succeeds to its powers or functior 11.6 The Journey Brochures 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 124 Journey Participation (2) 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 al the activities on Your Itinerary, depending on Your disability, You may not be able to participate in every activity and the Captain, Discovery vader or Cruze Director will have the right to refuse Your participation if the Captain, Discovery Team Leader or Cruise Director believes Yourhealth and safety or the health and safety of any ther 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 exp: including but not limited to Zodiacs, kayaks and submarine;and (ii) collapsible walkers may be taken onto tender vessels for transfer to shore for the included Journeying. Walkers re 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. (ii) guests must be able to walk up/down stairs in the 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 compartrient of motorcoaches subject to space limitation (i) embarking and disembarking the tenders, Zodiacs, kayaks and submarine are via a mud room/change room with steps leading to a marina platform and requires the FLIGHT CENTRE ability to step into and out of these vessels unaided (©) Our discretion: We may, in Our absolute discretion, jecline 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 (ii) You cannot or will not abide by any reasonable directions of the Captain, Discovery Team Leader or Cruise rector 12.2 Cruise iYour 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 in internal technical spac (b) Cruise Cabins: Your Journey Price is based on the Cabin category indicated in the Journey Brochure, subject to availability and will be at ar (@) Port arrival and departure times-arrval and departure times are an indication only and are always subject to change without notice. (d) 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 asa result teal d changels (s). (@) Photography: Our J /s offer some of the most spectacular and beauetul 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 Journ (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 (ii) 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. (@ 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 willnot be lable to You in relation to ration or odour. (h) Medical Services: (i) Amedical centre is available onboard Scenic Ecli and will be staffed according to the destination. (ii) Due to the large number of passengers on board, We cannot provide a personal escort for medical visits. (iii) 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 Jou (iv) You acknowledge that. autres ithe Americas, Transatlantic crossings and the Arctic & Fjords regions are romate areas with imited medical faclitias avallable. (i) Currency and credit car (i) All purchases on board a charge to Your shipboard account. The on-board currency is the US Dollar. Gi) Shipboard accounts may be paid by US Dollar or credit Ol WiFi and Internet Service: Internet faci 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. (ii) 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. (i) We donot guarantee the availability or quality of Internet connections or serv i) All-inclusive beverages: f Your Journey includes an abinoliehe beverage package, the following provisions ply: iy all standard beverages are included in the Journey Price whilst you are on board Scenic Eclipse. This includes champagne, beer, wine, soft drinks, fruit juices, specialty teas and coffee and standard spirits. It also includes daily replenishment of the suite minibars. (ii) Selected items such as a very small number of rare, fine and vintage wines, champagnes and spirits are not included in the package and may be available at an additional charge. (iii) Responsible service of alcohol is adhered to by all staff on board of all vessels and We reserve the right to refuse service. (iv) The all-inclusive beverages package does not apply to any third-party suppliers, including in the circumstances contemplated in clause 5.7 of these Conditions. 12.3 Drones INSTORE | ONLINE | CALL | APP (a) 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: ou should also be aware that, in addition to the prohibition in paragraph (a), 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. (c) 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 13.1 Air Travel and baggage (a) Airfare Conditions () Allairfares are subject to availability and conditions ply. {i) Our reservations al will book an appropriate fare for Your Jou! {i Some discounted arfares 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 may not be a direct flight; ‘some included flights are unescorted. If You request a customised route or direct flight You will be responsible forall 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 clas vailable air surcharges may apply. The flight quote including air taxes and surcharges will be confirmed once all air sectors are booked an confirmed (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) AU its 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 nt be lable to You for any costs associated with these chan; (uid All airfares are subject to availability and scheduled for travel to meet the Journey Departure Dates set out in the Journey Brochure. Any requests outside of the Journey dates may incur seasonal surcharges as enforced by the airline. (b) Airport Transfers () Airport transfers are only available on the first and last day of Your Journey and at times We designate. Transfers outside these times will be at Your expense and must be secured by Your own arrangements. (ii) Passengers who have purchased Our pre anit | poet Journey hotel accommodation and airfares wi provided airport transfers to/from their hotel i inthe Journey start or end city only, on the day of the pre or post accommodation booking. (iii) If You do not book Your flights with Us, You must ensure Your flight details are provided to Us at least 60 days before the Journey Departure Date bj (a) entering Your fight details a the trip personaliser on the Wet ©) ontacng Us at the Customer Service Contact 2 3 ion No refund willbe given for unused transfers. Transfers cannot be routed to other pick-up points or destinations. (W) If You miss the pre-booked transfer You will be responsible for making Your own way to the Journey departure point, at Your own expense. (vi) Unless expressly stated in Your Itinerary, airport transfers may be group transfers scheduled to coincide with multiple flight arrival and departure times. Private transfers, including VIP transfer are not available in all locations. Please enquire for further details. (©) Carriers: The carriers (including air carriers, rail and sea carriers used in association with the Journeys) are not responsible for statements or features in Journey Brochures. The conditions of carriage of each carrier constitute a separate contract between You and the carrier and We have no responsibility in relation to contracts between You and the carriers and only act as agent in arranging services from the carriers. (d) Luggage (i) Journey participants are entitled to one suitcase per person. Your suitcase must not exceed 76 x 53 x 28ems (30” x 21"x 11”) and must not weigh more than 231 (6Olbs). All luggage must be stored in your suite; there are no additional luggage storage facilities available. (ii) Airline passengers should consult with their airline as size and weight restrictions may vary from airline to airline and according to the class booked. (iii) tis Your responsibility to ensure Your luggage complies with these requirements and You acknowledge that We, contracted carriers or Service Providers may elect not to carry overweight items. (iv) You will be responsible for any excess baggage char . 137079
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