Common use of Amendments by us Clause in Contracts

Amendments by us. We make arrangements a long time in advance of your travel experience using independent suppliers such as airlines, cruise lines, hotels, local transport operators and guides, over whom we have no direct control. Every reasonable effort will be made to offer the travel experience as planned. However, unforeseen world events or conditions affecting suppliers may require any aspect of your travel experience to be altered. Such amendments can either be material or minor amendments. a) A material amendment to your travel arrangements would be a cancellation of your entire travel experience (except due to non-payment), a change in the initial departure date, where the flight times are changed by more than 48 hours, a change in the origin or destination city for any flight leg, a change to a lower standard of accommodation to that which is booked or a price increase of more than 10% from the quoted price. In these instances of material amendments to your travel arrangements we undertake to advise you thereof as soon as reasonably possible before your departure date to obtain your further instructions in this regard. You then have three alternatives: 1. You may accept the amendment; 2. You may change you booking to another available and comparable travel experience. If you choose a travel experience which is more expensive, you will be required to pay the difference, but if it is cheaper the Operator will refund the difference in price; 3. You may cancel the booking and receive a full refund and compensation of $20 per Traveler will be payable to you.If such a material amendment is due to force majeure or low bookings, you will not be entitled to any compensation other than the full refund. Force majeure means unusual and unforeseeable circumstances beyond the Operator's control or the control of our suppliers, the consequence of which neither the Operator nor its suppliers could avoid even with all due care, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics or outbreaks of illness and level of water in rivers. 'Low bookings' means that an insufficient number of people have booked the travel arrangement to make its operation financially viable in the advertised form. b) All other amendments are minor amendments. A minor amendment can be made at any time and, if practicable, we will advise you of any such amendment prior to departure but we are not obliged to do so. Such minor amendments may be made by us, in our discretion and we will not be responsible or liable for the payment of compensation to you as a result of such minor amendments. c) Should any component of your travel experience be confirmed by us and this component is canceled or amended by the independent supplier for whatsoever reason, then in such instances we will accept no liability for the cancellation or amendment thereof or any consequential losses as a result of such cancellation or amendment, except as outlined in 6.2(a) above.

Appears in 2 contracts

Samples: Operator Traveler Contract, Operator Traveler Contract

AutoNDA by SimpleDocs

Amendments by us. We make arrangements a long time in advance of your travel experience using independent suppliers such as airlines, cruise lines, hotels, local transport operators and guides, over whom we have no direct control. Every reasonable effort will be made to offer the travel experience as planned. However, unforeseen world events or conditions affecting suppliers may require any aspect of your travel experience to be altered. Such amendments can either be material or minor amendments. a) A material amendment to your travel arrangements would be a cancellation of your entire travel experience (except due to non-payment), a change in the initial departure date, where the flight times are changed by more than 48 hours, a change in the origin or destination city for any flight leg, a change to a lower standard of accommodation to that which is booked or a price increase of more than 10% from the quoted price. In these instances of material amendments to your travel arrangements we undertake to advise you thereof as soon as reasonably possible before your departure date to obtain your further instructions in this regard. You then have three alternatives: 1. You may accept the amendment; 2. You may change you booking to another available and comparable travel experience. If you choose a travel experience which is more expensive, you will be required to pay the difference, but if it is cheaper the Operator will refund the difference in price; 3. You may cancel the booking and receive a full refund and compensation of $20 per Traveler Traveller will be payable to you.If such a material amendment is due to force majeure or low bookings, you will not be entitled to any compensation other than the full refund. Force majeure means unusual and unforeseeable circumstances beyond the Operator's control or the control of our suppliers, the consequence of which neither the Operator nor its suppliers could avoid even with all due care, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics or outbreaks of illness and level of water in rivers. 'Low bookings' means that an insufficient number of people have booked the travel arrangement to make its operation financially viable in the advertised form. b) All other amendments are minor amendments. A minor amendment can be made at any time and, if practicable, we will advise you of any such amendment prior to departure but we are not obliged to do so. Such minor amendments may be made by us, in our discretion and we will not be responsible or liable for the payment of compensation to you as a result of such minor amendments. c) Should any component of your travel experience be confirmed by us and this component is canceled cancelled or amended by the independent supplier for whatsoever reason, then in such instances we will accept no liability for the cancellation or amendment thereof or any consequential losses as a result of such cancellation or amendment, except as outlined in 6.2(a) above.

Appears in 2 contracts

Samples: Operator Traveller Contract, Operator Traveller Contract

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!