TERMS AND CONDITIONS - PLEASE READ CAREFULLY
Nothing in these Terms and conditions is intended to limit or modify any rights that you may have under the Consumer Guarantees Act 1993.
The purchase of any travel services offered by International Holidays Ltd, authorised to trade as The Globus Family of Brands (which includes the authorisation to trade as Globus, Cosmos, Monograms and Avalon Waterways) (“The Company”) constitutes a contract between you (also referred to in these conditions as “traveller”) and The Company, and represents your acceptance of The Company’s terms and conditions as set out herein. Please ensure that you carefully read and understand these Terms and Conditions prior to booking. You represent and warrant that you are authorised to accept The Company’s Terms and Conditions on behalf of everyone named in your booking, and you will be deemed to have accepted The Company’s terms and conditions on behalf of everyone named in your booking. Unless expressly stated otherwise we will not change any Terms and Conditions for an existing travel service that has been paid for in full from The Company, and the Terms and Conditions that will apply to that travel service are the Terms and Conditions that applied at the time the travel service was paid for in full. However, The Company reserves the right to change these Terms and Conditions at any other time, so you are advised to check The Company’s websites or to request the latest version of the Terms and Conditions from your Travel Agent or The Company prior to booking your holiday.
Additional Terms and Conditions apply to group reservations. For group reservations, see your Travel Agent or phone 0800 000 883.
BEFORE YOU MAKE A BOOKING
Deposit and Final Payment
1. Payment of the deposit confirms you have read and accepted these Terms and Conditions.
2. Except as provided in clause 5, a non-refundable, non-transferable deposit of $250 per person per land tour and $500 per person per cruise is required for The Company to reserve space for you, with some limited exceptions as noted below. The deposit must be received within 7 days of booking. On certain departures, deposits and/or passport details may be required at time of booking to hold or to confirm space for you. Your reservation will be automatically cancelled if the deposit is not received by The Company by the deposit due date. Your booking is not confirmed and payment is not deemed made until the deposit is received by The Company and The Company sends a confirmation invoice to you. Any bookings made within 21 days of your departure from New Zealand will incur a late booking fee of $30 per transaction. For any holiday that features Intra-Air flights, a non-refundable, non-transferable deposit of $1000 per person per cruise is required within 7 days of booking.
3. Payment of the balance in full must be received by The Company not less than 45 days before a scheduled land tour departure (see ‘exceptions’ below), and not less than 90 days before a scheduled cruise departure, or earlier if specified for the particular holiday. For bookings made within these periods, payment in full is required at the time of booking. If final payment is not received by The Company by the due date, your reservation will be cancelled and your full deposit, including SafetyNet Protection payments (see clause 30), will be retained by The Company. Cancellation charges are applied on the basis that they are a genuine pre-estimate of loss to The Company as it may not be possible to re-sell the bookings to another traveller at the same or any other price, and they are not intended to operate as a penalty.
4. The Company accepts payment via Enett, electronic fund transfer (EFT), cheque, Visa, MasterCard and American Express. Merchant fees apply to purchases made by credit card. Please review and verify your booking invoice thoroughly and contact your Travel Agent or The Company immediately if your invoice appears to be incorrect or incomplete, as it may not be possible to make changes later. The Company cannot accept responsibility if it is not notified of invoice inaccuracies within 5 days of sending out the invoice although you may have rights under local laws, including mandatory consumer laws, in respect of such shortfall, which cannot be excluded, restricted or modified. In the case of billing errors, The Company reserves the right to re-invoice you with correct pricing.
5. Subject to clause 6 below, you have a cooling-off period of seven (7) days during which you may cancel your holiday. Your cancellation must be made in writing and received by The Company within the cooling-off period. The cooling-off period will commence on the first day following the day on which you book your holiday. If you cancel your holiday during the cooling-off period your deposit will be refunded and no cancellation fee will apply. If you do not cancel your holiday during the cooling-off period, then all other of these terms & conditions apply.
6. No cooling-off period will apply to holidays booked less than 45 days before a scheduled land tour departure, and less than 90 days before a scheduled cruise departure, or earlier if specified for the particular holiday. For bookings made within these periods, payment in full is required at the time of booking.
7. Please see your invoice for more information on deposit and/or final payment dates. Special conditions may apply to be eligible for special offers/promotions. Other final payment dates may apply to Monograms and Globus holidays listed in this brochure. Please check with your Travel Agent or the Company prior to booking for the Terms and Conditions of those holidays.
Air Travel Inclusive Holidays
8. Additional taxes and fees may apply to your holiday price if your tour/cruise includes an intra-air portion. These taxes and fees may vary depending on your itinerary. Please ask your Travel Agent or a representative of The Company at time of reservation for more information.
9. All advertised holiday prices are based on rates (including foreign exchange rates) known at the time of publication, are expected to be in effect at the time of departure and do not include airfares except where specified. However subject to clause 10, prices may increase without notice if such rates change prior to departure. Holiday prices are per person, based on double occupancy. Single room supplements are listed where applicable. Triple or quad room reductions for land holidays are also listed, but are not available on cruises. Please call us for more information on rates. Not all accommodation types are available on all holidays.
10. Prices will be confirmed at the time of reservation. Once The Company has received your full deposit for any holiday departing 01 January 2017 to 31 December 2017, that price (excluding air travel) is guaranteed, and any subsequent land/cruise cost increases are at The Company’s expense, not including fuel surcharges, energy cost increases, air travel whilst on tour and/or any government tax increases. However the company reserves the right to change prices any other time, please review the Terms and Conditions each time prior to making a purchase.
11. 2018 departures are subject to price and itinerary modifications. Full details will be available in April 2017. Travellers have the right to cancel their reservation without penalty within 14 days of notification in the event of a price increase for departures in 2018. After this initial 14 day period standard cancellation conditions apply.
Travellers Who Need Special Assistance on Tours and/or Cruises
12. You must report to The Company at the time of reservation any disability requiring special attention while on tour or on a cruise. The Company will make reasonable attempts to accommodate the special needs of disabled travellers, but is not responsible in the event it is unable to do so; nor is The Company responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers. The Company cannot provide individual assistance to a holiday participant for walking, dining, getting on and off motor coaches, cruise ships and other vehicles, or other personal needs. A qualified and physically able companion must accompany travellers who need such assistance and must assume full responsibility for their well-being. If we are not notified at time of reservation of any disability requiring special attention, Avalon reserves the right to cancel your booking or terminate your holiday if your special needs or disabilities are not suitable for the holiday, are incompatible with other travellers, or if you are not traveling with a companion who provides all the assistance you require. Avalon will not refund or cover any costs or expenses incurred for cancelation, booking, or termination of the holiday. Cancellation penalties, see clause 31.
13. Some locations and sightseeing activities may not accommodate wheelchairs and may require extensive standing, sitting or walking. The Company is not responsible for any missed activities due to a traveller’s inability to participate with the group. Most transportation services, including the touring motor coaches and cruise ships, are not equipped with wheelchair ramps.
14. Some river cruise vessels do not have elevators. Travellers requiring ship elevators should inquire before making reservations. Most doors to cabins, staterooms and restrooms are not wide enough to allow access by standard wheelchairs, and bathrooms and other doorways may be fitted with coamings. For safety reasons, travellers in wheelchairs cannot be carried on ramps in ports where the ship is at anchor. Motorised scooters and motorized wheelchairs are not permitted on Avalon cruises. Collapsible wheelchairs are permitted on board, but for safety reasons, the number Avalon can accept is limited and wheelchair maximum size must not exceed 1030mm/40.55in length x 555mm/21.85in width.
Visas & Passports
15. You are responsible for obtaining and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of the countries you will visit. The Company is not responsible for providing specific visa and passport information or documentation, and The Company cannot accept liability for any traveller refused entry onto any transport or into any country due to failure of the traveller to carry correct documentation. All travellers travelling internationally are required to have a passport. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of the trip. It is recommended you have a minimum of three blank pages in your passport when travelling, as many countries require blank pages. Multiple-entry visas are required for some holidays. It is your responsibility to verify all visa and passport requirements. The process of obtaining a visa and/or passport can take up to three months or more.
16. All Cruise Directors, Local Hosts, Local Guides, and ships’ crew speak English and all holiday commentary is conducted in English only. For maximum enjoyment and understanding, you should be able to read and speak English.
17. The cruise ships do not have specialised facilities and/or treatments for childbirth, prenatal or early infant care on board and those facilities may also be unavailable at ports of call or on land stays. The Company strongly urges pregnant travellers to consider the risks of travelling where necessary medical care for pregnancy may not be available and may not be reachable in a timely manner to address potential medical complications, problems and emergencies that can occur during pregnancy.
18. Travellers under 18 years old on the scheduled departure date must be accompanied by an adult and share the adult’s accommodation for the duration of the holiday. Interconnecting rooms are not guaranteed.
19. The following age restrictions apply to land tours and cruises:
a) Globus and Cosmos escorted holidays: children aged 8 years and over are eligible to travel. Travellers aged 8-17 receive a 10% discount on the base land holiday price, not including internal air travel.
b)Monograms independent holidays: children of all ages are eligible to travel. Land arrangements for infants under two years of age are free of charge, providing parents pay hotels directly for special arrangements (eg. Food, cot etc). Children aged 11 and under receive a 25% discount on the land tour price when sharing with two adults (not including internal air). Children aged 12-17 receive a 10% discount off the land tour price (not including internal air travel) when sharing accommodation with two adults.
c) Avalon Waterways River cruises: children aged 8 years and over are eligible to travel. No young traveller discount applies.
20. Young traveller discounts are based on the age of the traveller at the scheduled departure date.
21. Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a person under the age of 18 years will be travelling with an adult other than his/her parents, or with only one parent, it is recommended that a notarised letter be written by the parents, or non-travelling parent, granting authorisation to travel, including the dates of travel. We suggest that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.
Journeys Club (Repeat travellers)
22. Journeys Club members can save 5% on any 2017 Avalon Waterways cruise. If you have travelled with us since 2005, you can enrol at Globusfamily.co.nz to receive your membership number. You must be a Journeys Club member (and present member number prior to making full payment) to receive a 5% discount based on Category E (European cruises), Category B (Mekong & Irrawaddy cruises), Category D (Yangtze cruises), Category FD (Amazon cruises), and Category CC (Galapagos cruises) twin share price, excluding extra night accommodations, extension programs, port charges, upgrades and single supplements. Booking must be made for travel commencing by 31 December 2017. Applies to new bookings only and subject to changes and amendments. Full cancellation penalties will apply. Additional restrictions may apply.
Not Included in the Holiday Price
23. Airfares & airport taxes and fees (unless specified); passports; visas; vaccinations; tips to your Cruise/Tour Director, Tour Drivers (unless pre-paid, see below), local city guides and other ship personnel; gratuities on ferries, trains and cruise ships (except for Avalon European river cruises, where gratuities to Cruise Director and ship’s crew and port charges are included); laundry; telephone; mini-bar; alcohol (unless otherwise stated); beverages and food not on the contracted Globus, Monograms or Avalon Waterways menu (these extra items will be billed to you before leaving the hotel, ship or restaurant); optional excursions; porterage at airports and train stations; SafetyNet Protection; insurance of any kind; baggage fees; and all other items of personal nature. Some South America countries (Argentina and Chile) require international travellers to pay entry and/or exit fees at the airport. These fees will be collected by the local government and are payable by the traveller at time of travel. Information about these fees can be found in your travel documentation under the ‘Helpful hints and information’ section. For more information please see your Travel Agent.
Acceptance of Risk
24. Please be aware that during your participation in holidays operated by The Company, certain risks and dangers may arise beyond our control, including but not limited to: the hazards of travelling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. The Company will not be liable for the provision of medical care or the adequacy of any care that may be rendered. While The Company will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a holiday and/or optional excursions you agree that you will hold The Company harmless regarding any provision of medical care or the adequacy of any care rendered.
Acceptance of Risk – Dietary requirements
25. The Company will use its best efforts to cater for your special dietary requirements and allergies if you make them known to The Company. If you have any special dietary requirements please inform The Company in writing at the time of making your reservation. However, The Company cannot guarantee that certain products will not be in food served. To the extent permitted by law, The Company will not accept any liability in relation to any medical conditions, special dietary requirements and/or allergies of travellers, even if such conditions are listed in the Emergency Contact Details provided by the traveller. You must make your own decisions when selecting meals. The Company’s comments are only to assist you in making an informed decision.
Photographs or Pictures
26. Photographs or pictures appearing in The Company brochures & websites should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to itinerary. Maps shown on the holiday pages are current at the time of printing and may not reflect the actual holiday routing should the itinerary change.
Monograms Independent Holidays
27. Please note that full details and information pertaining to Monograms independent holidays will be confirmed no earlier than October 2017.
BOOKING & PAYING FOR YOUR HOLIDAY
IF YOUR HOLIDAY HAS BEEN CHANGED OR CANCELLED
How to make your reservation
29. To make your reservation or for enquiries, see your Travel Agent or call The Company on 0800 000 883.
30. If accepting the SafetyNet Protection Policy, the $75 SafetyNet Protection must be paid at the time of deposit and is payable per person, per booking and is non-refundable. The SafetyNet Transfer protection and SafetyNet Cancellation protection applies to the tour, associated pre/post accommodation and transfers booked directly with The Company (you may use ‘one’ of the two SafetyNet Protection policies only). The SafetyNet protection does not apply to airfares or any product purchased via another wholesale or retail supplier. The SafetyNet Protection does not apply to any service charge or cancellation fee charged to you by your Travel Agent and is not applicable for group bookings. Refer to SafetyNet protection conditions in this brochure or at avalonwaterways.co.nz for full details on the use of the SafetyNet Protection policy.
IF YOU WANT TO CHANGE OR CANCEL YOUR HOLIDAY
Cancellations and Cancellation Fees
31. If cancellation is received in writing by The Company before the final payment due date of your holiday, the non-refundable deposit or SafetyNet Protection payments will be retained in addition to any airline imposed fees or cancellation charges. If cancellation is received in writing by The Company after the final payment due date of your holiday, the below specified per person cancellation fees apply for individual reservations. The total price specified below does not include discounts, promotions, or special incentives. (For group reservations, refer to the Group Policy. SafetyNet Protection does not apply to Group Bookings). No cancellation fee will apply to holidays cancelled within the cooling off period (see clause 5).
Standard Cancellation Fees for escorted and independent holidays:
• 45-22 days prior to scheduled departure: 20% of total price (including SafetyNet protection)
• 21-8 days prior to scheduled departure: 30% of total price (including SafetyNet protection)
• 7-1 days prior to scheduled departure: 50% of total price (including SafetyNet protection)
• On scheduled departure day and later: 100% of total price (including SafetyNet protection)
• Note: Pre-paid gratuities are not subject to cancellation fees and will be refunded in full.
Standard Cancellation Fees for cruise holidays:
• 90-60 days prior to scheduled departure: 35% of total price (including SafetyNet protection)
• 59-30 days prior to scheduled departure: 50% of total price (including SafetyNet protection)
• 29-1 days prior to scheduled departure: 80% of total price (including SafetyNet protection)
• On scheduled departure day and later: 100% of total price (including SafetyNet protection)
• Note: Port charges are not subject to cancellation fees and will be refunded in full.
32. Other cancellation fees may apply to holidays offered by The Company. Please check with your Travel Agent or the Company prior to booking for the latest Terms and Conditions.
33. Cancellation fees may also apply to any additional services reserved prior to, during, and after the holiday. If flight changes (including but not limited to flight cancellations or name changes) are requested, revision fees, change fees, or airline cancellation fees will apply in addition to the above cancellation fees (see “Revision Fees” below).
34. Airline revision or change fees may be up to 100% of the ticket price. Cancellation penalties will be quoted at the time of cancellation. If an air travel inclusive holiday is cancelled after air tickets have been issued, any applicable refunds will be processed after air tickets are returned to The Company.
35. Cancellation fees relating to insurance policies will be subject to the terms and conditions of the insurance provider and will incur the standard Revision Fee (see “Revision Fees” below).
36. Cancellation charges are applied on the basis that they are a genuine pre-estimate of loss to The Company as it may not be possible to re-sell the bookings to another traveller at the same or any other price, and they are not intended to operate as a penalty.
37. The above cancellation charges will be applied in all cases. The Company strongly recommends you take out comprehensive travel insurance, including coverage for medical expenses, loss of luggage, and land content and airfare charges that may arise, including due to cancellation.
38. A fee of $30 per transaction will be charged for any alteration or revision made to a reservation after the deposit has been paid. Any revision to an air travel reservation may result in the loss of confirmed airline reservations or increased airfare which will be payable by you. Additional airline and hotel charges may also apply and may be up to 100% of the full price. A change of traveller name, holiday date, or itinerary after the final payment date will be treated as a full cancellation and new reservation; holiday cancellation fees (as above) apply.
39. Please note that any request for refunds is subject to these Terms and Conditions; no refund will be made for unused services (including early or enforced disembarkation), for unused transportation where group activity tickets are involved, or for voluntary modifications made by the traveller although you may have rights under local laws, including mandatory consumer laws, in respect of such refunds, which cannot be excluded, restricted or modified.
40. The Company reserves the right to cancel or reschedule any holiday departure in accordance with operational requirements or circumstances beyond its control. If a holiday is cancelled prior to the scheduled departure date, The Company’s only responsibility will be, to the extent permitted by the law, to refund the amount received for the reservation. Wherever possible, The Company will offer the same holiday with a different departure date or an alternative similar holiday although you may have rights under local laws, including mandatory consumer laws which cannot be excluded, restricted or modified. If there is a difference in cost, it will be your expense. For air-inclusive holidays, The Company will try to confirm air schedules for the selected new dates, subject to availability. The Company is not responsible for any additional costs or fees relating to the issuance and/or cancellation of air tickets or other travel arrangements not made through The Company.
41. The accommodation listed in our websites/brochures is intended to be used on all departures. However, if a change becomes necessary for any reason, substitute accommodation will be equivalent in standard to that shown. No refunds are provided for accommodation variations (and full cancellation penalties as noted above will apply).
BEFORE YOU LEAVE ON YOUR HOLIDAY
42. Porterage (luggage transport) onto and off the motorcoach or river cruise ship for one suitcase per person travelling is included in the holiday price, except where porterage is unavailable. Airport and train station porterage is not included. Your single bag should not exceed the dimensions of 76x53x28cm (30”x21”x11”) and weight of 22kg (50lbs). We are unable to accept a second suitcase or any luggage exceeding these limits except on Avalon Europe holiday itineraries. Some holidays have more restrictive regulations than these listed above. Please refer to your Travel Documents under Packing & Preparation in the “Helpful hints and information” section for applicable regulations.
43. Avalon Asia cruises with Intra-holiday Air (excluding cruise codes WSH and WHS) have a baggage weight limit of 20kg (44lbs) per person. Baggage over this limit will incur additional fees which are not included in the holiday price and are payable at the airport to the airline directly.
44. Size and weight limitations for carry-on and checked baggage vary from airline to airline and even according to destination, and are becoming more restrictive. Most airlines charge fees for checked baggage and these fees are not included in the airfare or the holiday package price. Please check with your airline(s) directly for baggage information, regulations and fees. The Company is not responsible for additional fees imposed by air carriers for baggage. Regulations within most airports require that travellers handle their own luggage through customs.
45. Carry-on baggage on tour is limited to one bag per person travelling and must not exceed the dimensions of 30x28x14cm (12”x11”x6”). For safety reasons, wheeled carry-on bags are not suitable and will not be permitted as hand luggage on motorcoaches and mini-buses. Carry-on bags must be small enough to store in overhead bins or under the seat in front of you on motorcoaches and other transportation.
46. The Company will not accept responsibility for loss of or damage to baggage or any of the traveller’s belongings throughout the duration of the holiday unless you prove that the damage resulted from an act or omission on our part, or that of our employees or agents acting within the scope of their employment, done with intent to cause damage or recklessly and with knowledge that damage would probably result. The Company recommends that you ensure loss of or damage to baggage is included in your comprehensive travel insurance.
Emergency Contact Details
47. All passengers must provide emergency contact details and travel insurance information prior to travel so that The Company can get in touch with friends or family in case of an emergency. This includes a “Local” contact so that The Company can get in touch with friends or family in the rare case of an emergency as well as an “On Tour” contact, i.e. mobile, for use by the Tour or Cruise Director. Emergency contact and travel insurance details should be provided by creating a customer account (MyAccount) at www.avalonwaterways.co.nz/myaccount and following the instructions given. This must be completed prior to documentation being released.
48. Travel Documents, including e-ticket itineraries, are sent by post approximately four weeks prior to departure provided full payment, Emergency Contact details have been received, and passengers have acknowledged the Globus family of brands Terms and Conditions, via their customer portal account (MyAccount).
49. Acceptance on the holiday is subject to presentation of your Tour / Cruise Member Certificate, which details the services you have purchased from The Company and which will be available in your final Travel Documents booklet on page 1-1. You will also need any pre-purchased airport transfer, pre/post accommodation and gratuity vouchers found in your travel documents.
50. For the benefit of everyone on your holiday, The Company reserves the right to accept or reject any traveller and to remove any traveller whose conduct is deemed incompatible with the interests of the other travellers. The Company will not refund or cover any cost or expenses incurred for termination of holiday arrangements due to unacceptable behaviour.
Samsung Galaxy Note7 smartphone advice: Samsung has announced a voluntary recall and exchange program on certain Galaxy Note7 smartphones. These phones can overheat and catch fire, posing a burn/fire hazard. As the safety of all guests is our top priority, these devices are not allowed on any Globus family of brands motorcoach, ship, or any other form of transportation.
WHILE ON HOLIDAY
Air Travel Arrangements
51. The Company is not responsible if an airline cancels, reschedules, varies or delays a flight for any reason. After check-in, you must work with the airline directly to reach your destination or to make any alternate arrangements including amendments to return services. Airline fees often apply for modifications to air schedules not related to airline imposed flight cancellations, reschedules, variations or delays. These fees will be payable to the airline directly on request. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by The Company for portions of trips missed due to cancelled, rescheduled, varied or delayed flights after airport check-in, nor is The Company responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection.
52. After departure, if the services included in the holiday cannot be supplied, or there are changes in an itinerary for reasons beyond the control of The Company, The Company will arrange for the provision of comparable services wherever possible. To the extent permitted by law, any resulting additional expense will be payable by travellers and any resulting savings will be refunded by The Company to travellers.
53. The Company reserves the right to make changes in the itinerary whenever The Company considers it necessary for the comfort, convenience or safety of travellers, and to cancel a holiday at any time in accordance with operational requirements or circumstances beyond its control.
54. Every effort is made to reserve only twin-bedded rooms. Occasionally, some hotels will only provide double-bedded rooms. These rooms will be allocated to couples where possible. Room and bed preferences may be requested but are not guaranteed. Please note that check-in times vary worldwide and The Company cannot control or guarantee check-in times. Triple-room configuration is at the discretion of individual hotels. Payment for a single supplement ensures your own room, not necessarily a twin bedded room. On cruises, specific stateroom numbers are subject to change (within the same category type) and are finalised upon embarkation.
55. In exceptional cases where private bath or single rooms as reserved by us are not available, refunds will be made by the Cruise Director, Tour Director, or Local Host. Claims for such refunds will not be accepted after the holiday has been completed although you may have rights under local laws, including mandatory consumer laws, which cannot be excluded, restricted or modified.
Conduct during your holiday
56. For the benefit of everyone on your holiday, The Company reserves the right to accept or reject any traveller. Behaviour or conduct which is for example (but not limited to) offensive (physically or verbally), dangerous to yourself or others, criminal, discriminatory, or incompatible with the interests of other travellers, company personnel, or crew will not be tolerated. You must comply with all directions of The Company and its Tour Director, Cruise Director, Captain, crew and any other representatives. The Company, Tour Director, Cruise Director and/or Captain have the absolute right to remove/disembark any traveller whose behaviour or conduct infringes these rules, who does not comply with directions or whose presence on the holiday affects the safety, enjoyment or well-being of any person. In such circumstances, The Company:
a. May contact and hand you over to any relevant authority;
b. Is not liable to make any refunds
c. Has no liability whatsoever to you;
d. Has no obligation to assist you with any onward travel or accommodation;
e. Is entitled to recover from you any cost or expense incurred as a result of your behaviour or conduct
Optional Shore Excursions
57. For operational reasons, not all optional shore excursions listed in the cruise itinerary, in print, online, or in travel documents may be available during your holiday. Your Cruise Director will advise of availability while on cruise.
58. Optional shore excursions may be purchased 90 days in advance of travel via MyAccount. Booking conditions apply (refer to the Pre-paid Optionals Terms & Conditions on MyAccount).
Exclusion of Liability for Optional Excursions & Activities
59. Carriers, accommodation providers, and other suppliers (“the Suppliers”) (including but not limited to trains, cruises, ferries, motor coaches, hotels, and restaurants) providing optional activities and excursions (“the Services”) available for booking are not run, supervised, or controlled in any way by The Company. These Services are provided by local operators or other third parties that are entirely independent of The Company, which has no control and has no right of control over the operations of these independent contractors. Such Services do not form any part of the product or services sold by The Company, even where The Company suggests particular operators/other third parties and/or assists in booking such Services.
60. Your contract for the Services will be with the Supplier and will be subject to its Terms and Conditions, which may contain exclusions or limitations of liability. To the extent permitted by law, the Company has no liability for any such activity or excursion or for any act(s) or omission(s) of the Supplier or for any of its employees or agents or any other person(s) connected with the Service. Any advice or assistance on or with the Service provided by any local representative does not mean or imply that the Service is sold, supervised, or controlled by The Company or that any such advice or assistance is given on behalf of The Company. Travellers must check all details with the Supplier and the applicable Terms and Conditions before booking.
Exclusion of Liability for Itinerary Changes and Cancellations
61. The Company will do everything it reasonably can to make sure everything goes according to plan, however, sometimes changes can happen which may affect your holiday experience. In the event of water level problems on stretches of any waterway, severe flood, fire, drought, earthquake, explosion, peril of navigation, mechanical difficulties, industrial action, civil unrest, war, government order or act, operational requirements, or any circumstances beyond reasonable control of The Company, The Company may cancel or vary your holiday. In some circumstances it may be necessary to operate all or part of the itinerary by a substitute vessel or by motor coach and hotel accommodation, or to otherwise cancel or alter the holiday. The Company is committed to protecting your health and safety at all times.
62. In the event of charters of the vessels, strikes, lockouts, riots or stoppage of labour for whatever cause or for any other reason whatsoever, The Company may at any time cancel, advance or postpone any scheduled sailing and may, but is not obliged to, substitute another vessel and shall not be liable for any loss whatsoever to tour/cruise participants by reason of any such cancellation, advancement or postponement.
63. The Company reserves the right to cancel, advance or postpone any scheduled tour and/or sailing date in accordance with unforeseen operational requirements or circumstances beyond its control and may, but is not obliged to, substitute another vessel and shall not be liable for any loss whatsoever to holiday participants by reason of any such cancellation, advancement or postponement although you may have rights under local laws, including mandatory consumer laws, in respect of such cancellations or changes to any scheduled tour and/or sailing date, which cannot be excluded, restricted or modified. In the event of cancellation by The Company, tour/cruise participants’ only right of recourse shall be to a refund of monies paid to The Company in connection with such tour/cruise.
64. If you have prepaid your gratuities to your Tour/Cruise Director and Driver or if they are already included in the price of the holiday, this will be detailed within your Tour/Cruise Member Certificate and vouchers will be included within your Tour Documentation. Please note that included gratuities for Avalon Europe cover the cruise director, crew, local guides and local drivers for the cruise portion only; prepaid gratuities cover only the Tour Director and Driver for the land portion operated by The Company of the core tour itinerary. Where The Company sources other operators for cruising, rail or local guided elements of your holiday, the option to pre-pay local gratuities is not available.
65. During local or national holidays or special events, on Sundays and religious occasions, certain facilities such as museums, places of worship, restaurants, sightseeing tours, and shopping may be limited or not available. Alternatives will be offered whenever possible. The Company will not be held responsible for any such closures or curtailments in circumstances beyond its control.
European Christmas Markets
66. Please note that markets generally close the third week of December.
67. In Europe and in the Galápagos, all ships have non-smoking interiors. Smoking is only permitted on the Sky Deck. On the Avalon Siem Reap, smoking is permitted outside on the Mekong Deck only. On the Avalon Myanmar, smoking is permitted outside on the Irrawaddy deck only. On the Century Legend and Amazon Discovery, smoking is limited to specific areas.
68. Avalon assumes no liability for any loss, damage, or entry of any nature in whole or in part resulting from an Act of God or any other force majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Avalon that impacts negatively on, or hampers, its ability to fulfil any of its contractual conditions. In the event that any of these conditions apply, Avalon shall be excused, discharged, and released from performance to the extent such performance is so limited or prevented, without liability of any kind.
69. Wi-Fi connectivity is provided by an independent third party with separate terms & conditions of usage and acceptance thereof. These can be found online or made available upon request.
AFTER YOUR HOLIDAY
Service Inquiries after the Holiday and Complaints
70. After returning from your holiday, if you wish to inquire about any services provided, please ensure that all correspondence relating to those services is received by Avalon Waterways Client Relations, International Holidays Ltd (see address under “General Information”).
71. Should you have a complaint in respect of your holiday, you should inform your Tour/Cruise Director immediately so they may attempt to rectify the matter. Any complaint or claim involving the holiday services offered must be notified to The Company as soon as possible.
Responsibility and exclusion of liability
72. Subject to clauses 59 to 63 above, The Company is responsible for providing the services described in this brochure, including arranging transportation, sightseeing, and accommodation as described. All references to The Company include its agents and employees.
73. These tours include the services of operators other than The Company, for example accommodation providers, airlines, other carriers, and optional tour operators (“the Suppliers”). In making your travel arrangements The Company acts only as an agent for the Suppliers who are independent contractors and are not agents, employees, or servants of, or in joint venture with, The Company or its affiliates. All certificates and other travel documents for services issued by The Company are subject to the terms and conditions specified by the Supplier, which are available on request, and to the laws of the countries in which the services are supplied. While The Company takes all reasonable care in selecting the Suppliers, to the extent permitted by law, it does not accept responsibility for any act or omission of the Suppliers that takes place outside of the Company’s control.
74. The international carriage of passengers is subject to international conventions and treaties. These international conventions and treaties limit and, in some events, exclude the carrier’s liability to travellers. Where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, inland waterways, rail, or road carrier or any stay in a hotel, The Company’s maximum liability is the maximum which would be payable by the carrier or the hotel keeper concerned under the applicable international convention or treaty applicable to the travel arrangements or hotel stay. International conventions and treaties that may apply include: the Montreal Convention (1999), the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention), the Warsaw Convention as amended at The Hague on 28 September 1955 and the Warsaw Convention as amended at The Hague and by Additional Protocol No. 1, 2 or 4 of Montreal (1975) and the EU Regulation on Air Carrier Liability for air carriers with an operating license granted by an EU country, in relation to air travel; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road and the Paris Convention 1962 for hotels.
75. Booking and payment for a tour shall constitute agreement and acceptance by the passenger of those terms & conditions which cannot be varied, except in writing by an officer of The Company.
76. Notwithstanding anything contained in these conditions, The Company shall continue to be subject to any guarantees provided by the Consumer Guarantees Act 1993 to the extent that the act is applicable to these conditions.
77. To the fullest extent permitted by law, The Company excludes all liability including liability for any loss, damage, costs and expenses whatsoever (including personal injury, death, and property loss) that may arise in connection with or arising out of your holiday and liability under implied conditions, and warranties and guarantees except any guarantees, the exclusion of which would cause this Clause to be void, such guarantees being referred to in these conditions as “non-excludable guarantees”.
78. To the extent permitted by law The Company limits its liability to you for breach of any non-excludable guarantees to the supplying of the service again or the payment of the cost of having the service supplied again, although you may have rights under the Consumer Guarantees Act.
79. You agree that neither The Company nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss) or expense occasioned by any act or omission of any Supplier providing services, or of any insurer or insurance administrator, or of any other third party.
80. Legal proceedings against The Company may be instituted only in a court within New Zealand, and any claim involved in such proceedings shall be decided in accordance with New Zealand Law. Neither The Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive or aggravated damages. No person, other than an authorised representative of The Company by a document in writing, is authorised to vary, add, or waive any term or condition in this brochure/website, including any term or condition set forth in the preceding provisions. References to any statutory provision include any statutory provision which amends or replaces it, and any by law, regulation, order, statutory instrument, determination or subordinate legislation made under it.
81. As a passenger on board an Avalon Waterways river cruise, you are also subject to the Terms & Conditions of the Carrier. Carrier Terms & Conditions are available for each Avalon Waterways ship.
- River Cruise Voyage aboard MV "Avalon Affinity®"
- River Cruise Voyage aboard MV "Avalon Artistry II®"
- River Cruise Voyage aboard MV "Avalon Creativity®"
- River Cruise Voyage aboard MV "Avalon Expression®"
- River Cruise Voyage aboard MV "Avalon Felicity®"
- River Cruise Voyage aboard MV "Avalon Illumination®"
- River Cruise Voyage aboard MV "Avalon Imagery II®"
- River Cruise Voyage aboard MV "Avalon Impressionsm"
- River Cruise Voyage aboard MV "Avalon Luminary®"
- River Cruise Voyage aboard MV "Avalon Panoramasm"
- River Cruise Voyage aboard MV "Avalon Passionsm"
- River Cruise Voyage aboard MV "Avalon Poetry II®"
- River Cruise Voyage aboard MV "Avalon Tapestry II®"
- River Cruise Voyage aboard MV "Avalon Tranquility II®"
- River Cruise Voyage aboard MV "Avalon Visionary®"
- River Cruise Voyage aboard MV "Avalon Vistasm"
- River Cruise Voyage aboard "Amazon Discovery"
- River Cruise Voyage aboard "Isabela II"
AVALON WATERWAYS, and other AVALON formative marks, are trade and service marks owned and/or applied for and/or registered by Avalon Waterways Inc., in the New Zealand Register of Trademarks and in other global jurisdictions. International Holidays Ltd., is an authorised user of the trade and service mark AVALON WATERWAYS and other AVALON formative marks owned by Avalon Waterways Inc.
International Holidays Ltd
PO Box 4322
New Zealand 1010
Agent Reservations Only:
Telephone: (09) 3795375
Freephone: 0800 456287
Facsimile: (09) 3799239
Agent Online Reservations available at:
Feedback and/or Service Enquiries after your Holiday:
Should you wish to contact Avalon Waterways after returning from your holiday, please contact us at: