EUROPEAN WATERWAYS

TERMS & CONDITIONS

1. CONTRACT

Each Passenger wishing to book a cruise must complete and sign the Booking Form attached to this insert. Once this has been forwarded and accepted by the Company together with the payment of the fare due, a contract exists between such Passenger (hereinafter “the Passenger”) and the Company. Under this contract the Passenger confirms that he/she has read, understands and agrees to the terms and conditions below (the “Terms and Conditions”)

Any Passenger signing as tour leader on behalf of a charter or other group warrents that he/she is authorised so to do. Each member of any such group shall be deemed to be a Passenger as herein defined and shall be bound by the signature of the tour leader. Individuals booking as a charter will be subject to charter terms and conditions. A maximum of two single cabins can be booked on any one departure date.

2. CRUISE PROVISIONS

RATES: The rates shown in US Dollars, are per passenger for a six night double occupancy cabin cruise and are subject to change without notice. Meeting points, hotels and time of pick-up may be changed without notice

Cruise includes: Accommodation with private bath or shower, all meals, selected regional wines and alcoholic beverages consumed aboard, all sightseeing tours and admittance fees as stipulated, use of the vessels’ bicycles and other facilities, and round-trip transfers from specified meeting point

Cruise does not include: Air transportation, airport taxes, visas, health or accident insurance, trip cancellation insurance, superior Chateaux vintage wines, optional activities such as hot air balloon flights or items of a personal nature such as laundry, communication charges, purchases

3. INSURANCE

Travel insurance to cover trip cancellation, health and baggage is strongly recommended for all passengers

4. NON-SMOKING POLICY

The Company applies a non-smoking policy in the accommodation area of all vessels. In consideration to fellow Passengers those who wish to smoke, are requested to do so outdoors i.e. on the deck and sun-deck area. In accordance with fire prevention regulations smoking is not permitted in the cabins

5. DEPOSIT AND FINAL PAYMENT

For individual bookings: a deposit of $750 per passenger per week is payable at the time of booking with the Booking Form attached hereto duly completed and signed. The balance is payable 90 days prior to departure

For charter bookings of an entire vessel: an initial deposit of $4000 is payable at the time of booking with the Booking Form attached hereto duly signed. The difference between the initial deposit and 25 % of the total fare is payable as a further deposit 180 days prior to departure. The balance of the charter or group fare is payable 120 days prior to departure. To qualify for the charter group rate, one person must act as tour leader and be responsible for contracting with and making all payments to the Company, as per the Terms and Conditions, on behalf of all passengers in the charter/group.

To qualify for the charter group rate, one person must act as tour leader and be responsible for contracting with and making all payments to the Company, as per the Terms and Conditions, on behalf of all passengers in the charter/group

6. CANCELLATIONS AND REFUNDS

Cancellations must be made in writing to the Company and are effective only upon receipt by the Company at its address overleaf. All issued tickets must be returned together with notice of cancellation

Please allow 4 weeks from receipt by the Company of cancellation notice and unused cruise ticket(s) for forwarding of any refund due. The following cancellation fees apply based on the date when the Company receives written notice of cancellation.

For individual bookings:

a) more than 120 days prior to departure and subsequent to payment of the deposit, an administrative fee of $250 per passenger shall be retained
b) from 120-90 days prior to departure - the full deposit shall be retained
c) 90 days prior to departure to day of departure, or in the event of failure to embark - 100% of total fare shall be retained

For charter bookings:
a) charter deposits are non refundable
b) up to 180 days prior to departure deposits may be applied toward individual bookings on the same vessel subject to a $150 surcharge per passenger
c) 180-120 days prior to departure the greater of the intial deposit or 25% deposit shall be retained.
d) less than 120 days prior to departure no refund will be given,

No refunds will be given in the event of interruption or cancellation of the cruise by the Passenger after the start of travel, nor for unused portions of any package or cruise, nor for any unused sightseeing tours or meals

7. ALTERATIONS BY THE PASSENGER

Any date change by the passenger subsequent to booking will incur an amendment charge of $150 per passenger. Reductions in passenger numbers for charters are only accepted up to 120 days prior to departure. No itinerary changes can be accepted less than 90 days prior to departure. Transfers to cruises on another vessel shall be treated as a cancellation and re-booking and cancellation charges will apply.

8. LIMITS OF RESPONSIBILITY OF THE COMPANY

Unless expressly stated otherwise on tickets or other documentation issued by the Company to the Passenger, the Company, its employees, representatives, agents and/or assigns acts only as agent to provide transportation, accommodation and other related services to the Passenger by purchasing such services from independent vessel operators (“the Operators”) and other service providers contracted to the Company

The ticket(s) issued to the Passenger by any Operator or service provider constitute(s) the sole contract between the Passenger and said Operator or service provider, and the Company assumes no responsibility or liability for acts or omissions connected therewith

The Passenger further understands and agrees that the Company is not liable or responsible for the following:

a) any personal injury, death, property damage or loss occasioned by theft, vandalism, fire, water, weather conditions, explosion, or any cause whatsoever, whether foreseeable or unforeseeable, or for any loss of whatever kind or nature arising out of or in connection with the acts or omissions, whether foreseeable or unforeseeable or any loss of any kind or nature arising out of or in connection with the acts or omissions whether negligent or intended of any third party, regardless of the relationship, if any, between such third party and the Passenger, or the Company; and
b) any event that is beyond the control of the Company, including but not limited to Acts of God, strikes, lockouts, work stoppages, riots, floods, government acts, terrorism, criminal activity, Passenger illness, engine breakdown or vessel damage; and
c) any additional expenses incurred by the Passenger as a result of any delay or failure of and/or by any Operator or contractor of any services connected with the specific booking; and
d) any loss sustained by the Passenger as a result of any cancellation, delay, advancement or postponement of any tour by any Operator or any service provider such as steamship company, airline, railroad, vehicle rental company, hotel or similar or their agent

9. RESERVATION OF RIGHTS

The Company on behalf of itself and the Operators reserves the right to:

a) cancel any itinerary in whole or in part
b) make such alteration to any itinerary as it reasonably deems necessary or desirable
c) refuse to accept or retain as a member of a tour any person at any time.

In the event of alteration or cancellation, the Company may, but is not obligated to, substitute or provide another vessel. Waterway routes and vessel alterations and substitutions

: All routes are subject to change without notice. Some waterways may be subject to occasional closures due to drought, storms, floods, canal or lock repairs or other unforeseen circumstances that result in conditions unsafe for navigation

In the unlikely event of such occurrences, the following conditions may apply:

a) if navigation must be suspended, Passengers will continue to be accommodated on the stationary vessel and the regular excursions will continue to be made, with cruising to be continued as soon as possible. By way of compensation for any absence of cruising, additional excursions will be provided by the vessel’s crew
b) the Company reserve the right to reverse a cruise route, cruise another waterway or transfer Passengers to another vessel of similar standard
c) in any decision related to navigation, the judgement of the vessel’s Captain on any action or inaction is considered final

10. UNDERTAKINGS OF PASSENGER

The Passenger expressly agrees to the following:

a) that he/she is in good general health
b) that he/she shall not operate or seek to operate any vehicle owned or operated by a boat, hotel or other service provider except bicycles that are provided for the express use of the Passengers; and
c) that he/she shall indemnify and hold harmless the Company, its employees, agents, representatives and assigns against any and all liabilities, costs and expenses (including legal fees and costs of litigation) which may be incurred in connection with any claims, suits or any cause of action brought by him/her against any third party, or by any third party against him/her, his/her heirs, representatives or assigns regarding injury or loss to person or property sustained by him/her or such third party, directly or indirectly, arising out of activities, acts or omissions, no matter how caused or created, that occur during the course of a cruise tour.

11. CREDIT CARD POLICY

By authorizing and making payment by credit card for cruise holidays hereunder and by signing the Booking Form attached hereto the Passenger expressly agrees to waive his/her rights under any relevant cardholder agreement or applicable law to subsequently cancel or suspend any such credit card transaction.

The Passenger further expressly authorises the Company to present this documentation to the bank or credit card issuer as evidence of acceptance by said Passenger that such credit card transaction is final and not subject to refund, reduction, cancellation or revocation, except as specifically provided in these Terms and Conditions. The company reserves the right to charge final payment to the credit card in the event that the cardholder is unobtained on the due date.

12. GENERAL PROVISIONS

These Terms and Conditions supersede and cancel all prior communications and agreements, whether written or oral express or implied. Any inquiries, claims or general complaints by the Passenger relating to the service provided by the Company must be submitted in writing to the Company within thirty (30) days of the completion of the cruise, and must contain detailed and evidentiary information

13. GOVERNING LAW AND RESPONSIBILITY

All contracts incorporating these Terms and Conditions shall be governed by English Law. This brochure and insert (published July 2005) is issued on the sole responsibility of the Company.