Cancellation, delays and changes to Your Itinerary. 5.1 Your Booking is conditional on Us receiving a minimum number of Journey or cruise passenger bookings to operate the Journey and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey or Journey Departure Date. 5.2 We will use reasonable endeavours to make any decision to cancel or delay a Journey or Cruise, and to notify You 5.3 If We cancel or delay the departure of a Journey by 7 days or more before departure for any reason other than as a result of the occurrence of a Force Majeure Event: (a) We will use reasonable endeavours to offer You the closest available Journey or Cruise departure. If the proposed alternative Journey or Cruise is: (i) cheaper than Your original Journey Price, We will refund the difference to You; or (ii) more expensive than Your original Journey Price, You must pay the difference to Us; (b) if You accept the proposed alternative Journey or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary; (c) if You do not accept the proposed alternative Journey or Cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, refund to You all monies paid directly to Us, excluding any flights which were booked by Us and will have no further liability to You; and (d) We are not liable for any third party costs You may incur, for example airfares if booked through Us or independently or other arrangements booked independently through or paid to a travel agent. 5.4 If, as a result of the occurrence of a Force Majeure Event, We; (a) cancel or delay the departure of a Journey prior to the Journey start date We will: (i) cancel Your Booking and terminate the Contract; (ii) issue You with a Future Travel Credit to the value of all monies You have paid directly to Us, excluding any flights which were booked by Us for the cancelled Booking; and (iii) not refund any amounts You have paid directly to Us for the cancelled Booking; (b) cancel a Journey after commencement We will: (i) cancel Your Booking and terminate the Contract; and (ii) not refund any amounts You have paid directly to Us for the cancelled Booking; (c) issue a Future Travel Credit to You: (i) You may apply the Future Travel Credit towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to your selected Journey or cruise. (ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys). (iii) If your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys). (iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person to apply towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking; (v) its use for any future booking is subject to availability; (vi) the Future Travel Credit cannot be applied against stand- alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary (vii) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent it is not used; and (viii) You (or the person to whom the Future Travel Credit is transferred) must pay any shortfall between the value of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 of these Conditions. 5.5 We will use reasonable endeavours to provide the Journey You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the Journey (a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and (b) provide or arrange appropriate alternative activities, transport and accommodation as required. 5.6 The circumstances in which Your Itinerary or the Journey may be altered include: (a) high or low water levels in any river or canal; (b) lock closures, unscheduled vessel maintenance or other operational reasons; (c) road, river or weather conditions; (d) national or local holidays affecting the closure of public buildings or attractions; (e) Force Majeure Events; (f) emergency events, accidents, injuries or other incidents involving You or other passengers; and (g) any other event beyond Our control.
Appears in 1 contract
Samples: Terms and Conditions
Cancellation, delays and changes to Your Itinerary. 5.1 Your Booking is conditional on Us receiving a minimum number of Journey tour or cruise passenger bookings to operate the Journey Tour and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey Tour or Journey Tour Departure Date.
5.2 We will use reasonable endeavours to make any decision to cancel or delay a Journey Tour or Cruise, and to notify YouYou of that decision, at least 60 days prior to the scheduled Tour Departure Date.
5.3 If We cancel or delay the departure of a Journey Tour by 7 days or more before departure for any reason other than as a result of the occurrence of a Force Majeure Event:
(a) We will use reasonable endeavours to offer You the closest available Journey Tour or Cruise departure. If the proposed alternative Journey Tour or Cruise is:
(i) cheaper than Your original Journey Tour Price, We will refund the difference to You; or
(ii) more expensive than Your original Journey Tour Price, You must pay the difference to Us;
(b) if You accept the proposed alternative Journey Tour or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
(c) if You do not accept the proposed alternative Journey Tour or Cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, refund to You all monies paid directly to Us, excluding any flights which were booked by Us and will have no further liability to You; and
(d) We are not liable for any third party costs You may incur, for example airfares if booked through Us or independently or other arrangements booked independently through or paid to a travel agent.
5.4 If, as a result of the occurrence of a Force Majeure Event, We;
(a) cancel or delay the departure of a Journey Tour prior to the Journey tour start date We will:
(i) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value of all monies You have paid directly to Us, excluding any flights which were booked by Us for the cancelled Booking; and
(iii) not refund any amounts You have paid directly to Us for the cancelled Booking;
(b) cancel a Journey Tour after commencement We will:
(i) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value of the unused Tour Price, excluding any flights which were booked by Us, You have paid directly to Us for the cancelled Booking; and
(iiiii) not refund any amounts You have paid directly to Us for the cancelled Booking;
(c) issue a Future Travel Credit to You:
(i) You may apply the Future Travel Credit towards any future booking for a Journey Tour with a scheduled departure date within 24 months after the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to your selected Journey or cruise.Booking;
(ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iii) If your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person to apply towards any future booking for a Journey Tour with a scheduled departure date within 24 months after the date on which We cancel Your Booking;
(viii) its use for any future booking is subject to availability;
(vi) the Future Travel Credit cannot be applied against stand- alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary
(vii) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent it is not used; and
(viii) You (or the person to whom the Future Travel Credit is transferred) must pay any shortfall between the value of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 of these Conditions.
5.5 We will use reasonable endeavours to provide the Journey You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the Journey
(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
(b) provide or arrange appropriate alternative activities, transport and accommodation as required.
5.6 The circumstances in which Your Itinerary or the Journey may be altered include:
(a) high or low water levels in any river or canal;
(b) lock closures, unscheduled vessel maintenance or other operational reasons;
(c) road, river or weather conditions;
(d) national or local holidays affecting the closure of public buildings or attractions;
(e) Force Majeure Events;
(f) emergency events, accidents, injuries or other incidents involving You or other passengers; and
(g) any other event beyond Our control.to
Appears in 1 contract
Samples: Terms and Conditions
Cancellation, delays and changes to Your Itinerary. 5.1 Your Booking is conditional on Us receiving a minimum number of Journey tour or cruise passenger bookings to operate the Journey Tour and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey Tour or Journey Tour Departure Date.
5.2 We will use reasonable endeavours endeavour to make any decision to cancel or delay a Journey Tour or Cruise, and to notify YouYou of that decision, at least 60 days prior to the scheduled Tour Departure Date.
5.3 If We cancel or delay the departure of a Journey by 7 days or more Tour, for whatever reason, before departure for any reason other than as a result of the occurrence of a Force Majeure Eventdeparture:
(a) We will use reasonable endeavours to offer You the closest available Journey tour or Cruise cruise departure. If the proposed alternative Journey tour or Cruise cruise is:
(i) cheaper than Your original Journey Tour Price, We will refund the difference to You; or
(ii) more expensive than Your original Journey Tour Price, You must pay the difference to Us;
(b) if You accept the proposed alternative Journey tour or Cruisecruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
(c) if You do not accept the proposed alternative Journey tour or Cruise cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the ContractBooking, refund to You all monies paid directly to Us, excluding any flights which were booked by Us and will have no further liability to You; and
(d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares if booked through Us or independently or other arrangements booked independently through or paid to a travel agent.
5.4 If, as a result of the occurrence of a Force Majeure Event, We;
(a) cancel or If We delay the departure of a Journey prior to the Journey start date We will:
(i) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value of all monies You have paid directly to UsTour, excluding any flights which were booked by Us for the cancelled Booking; and
(iii) not refund any amounts You have paid directly to Us whatever reason, for the cancelled Booking;
(b) cancel a Journey after commencement We will:
(i) cancel Your Booking and terminate the Contract; and
(ii) not refund any amounts You have paid directly to Us for the cancelled Booking;
(c) issue a Future Travel Credit to You:
(i) more than 7 days, You may apply the Future Travel Credit towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking subject to availability terminate this Contract and any Future Travel Credit capacity limits applicable to your selected Journey or cruise.
(ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iii) If your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person to apply towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking;
(v) its use for any future booking is subject to availability;
(vi) the Future Travel Credit cannot be applied against stand- alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary
(vii) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent it is not used; and
(viii) You (or the person to whom the Future Travel Credit is transferred) must pay any shortfall between the value of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 of these Conditions.
5.5 We will use reasonable endeavours to provide the Journey You have booked in accordance with with, at Your Itinerary. Howeveroption, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the Journey
(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
(b) provide or arrange appropriate alternative activities, transport and accommodation as required.
5.6 The circumstances in which Your Itinerary or the Journey may be altered includeeither:
(a) high or low water levels in any river or canal;a full refund of all amounts paid to Us; or
(b) lock closures, unscheduled vessel maintenance or other operational reasons;
(c) road, river or weather conditions;
(d) national or local holidays affecting a credit towards future tours with Us which will be valid for 24 months from the closure date You notify Us of public buildings or attractions;
(e) Force Majeure Events;
(f) emergency events, accidents, injuries or other incidents involving You or other passengers; and
(g) any other event beyond Our controlthe termination of this Contract.
Appears in 1 contract
Samples: Terms and Conditions
Cancellation, delays and changes to Your Itinerary. 5.1 Your Booking is conditional on Us receiving Although we reserve the right to cancel, delay or alter a minimum number of Journey or cruise passenger bookings to operate the Journey and ensure an enjoyable group atmosphere. Where sufficient numbers canCruise for operational reasons, we will generally not be achieved, We may cancel or delay consolidate a scheduled Journey or Journey Departure DateCruise due to lack of passenger numbers. However, if minimum passenger numbers are not met, we reserve the right to limit the facilities, amenities and activities available on the Cruise Vessel.
5.2 We will use reasonable endeavours to make any decision to cancel or delay a Journey Tour or Cruise, and to notify YouYou of that decision, at least 60 days prior to the scheduled Tour Departure Date.
5.3 If We cancel or delay the departure of a Journey Tour by 7 days or more before departure for any reason other than as a result of the occurrence of a Force Majeure Event:
(a) We will use reasonable endeavours to offer You the closest available Journey Tour or Cruise departure. If the proposed alternative Journey Tour or Cruise is:
(i) cheaper than Your original Journey Tour Price, We will refund the difference to You; or
(ii) more expensive than Your original Journey Tour Price, You must pay the difference to Us;
(b) if You accept the proposed alternative Journey Tour or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
(c) if You do not accept the proposed alternative Journey Tour or Cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, refund to You all monies paid directly to Us, excluding any flights which were booked by Us and will have no further liability to You; and
(d) We are not liable for any third party costs You may incur, for example airfares if booked through Us or independently or other arrangements booked independently through or paid to a travel agent.
5.4 If, as a result of the occurrence of a Force Majeure Event, We;
(a) cancel or delay the departure of a Journey Tour prior to the Journey tour start date We will:
(i) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value of all monies You have paid directly to Us, excluding any flights which were booked by Us for the cancelled Booking; and
(iii) not refund any amounts You have paid directly to Us for the cancelled Booking;
(b) cancel a Journey Tour after commencement We will:
(i) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value of the unused Tour Price, excluding any flights which were booked by Us, You have paid directly to Us for the cancelled Booking; and
(iiiii) not refund any amounts You have paid directly to Us for the cancelled Booking;
(c) issue a Future Travel Credit to You:
(i) You may apply the Future Travel Credit towards any future booking for a Journey Tour with a scheduled departure date within 24 months after the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to your selected Journey or cruise.Booking;
(ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iii) If your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person to apply towards any future booking for a Journey Tour with a scheduled departure date within 24 months after the date on which We cancel Your Booking;
(viii) its use for any future booking is subject to availability;
(vi) the Future Travel Credit cannot be applied against stand- alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary
(viiiv) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent it is not used; and
(viiiv) You (or the person to whom the Future Travel Credit is Is transferred) must pay any shortfall between the value of the Future Travel Credit and the Journey Tour Price for the new Booking in accordance with clause 3 of these Conditions.
5.5 We will use reasonable endeavours to provide the Journey Tour You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the JourneyTour or Your Itinerary, before or after the commencement of the Tour. Where, due to circumstances outside the Operator’s control, We are unable to provide the Tour in accordance with Your Itinerary, We will use reasonable endeavours to:
(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
(b) provide or arrange appropriate alternative activities, transport and accommodation as required.
5.6 The circumstances in which Your Itinerary or the Journey Tour may be altered include:
(a) tidal waters or high or low water levels in any ocean or sea, river or canal;; cove or port
(b) port closures or port restrictions due to weather or other operational reasons
(c) lock closures, unscheduled vessel maintenance or other operational reasons;
(cd) roadocean, river river, ice or weather conditions;
(de) national or local holidays affecting the closure of public buildings or attractions;
(ef) Force Majeure Events;
(fg) emergency events, accidents, injuries or other incidents involving You or other passengers; and
(gh) any other event beyond Our control.
5.7 Alterations to Your Itinerary or the Tour may include:
(a) substitution of vessels for part or the whole of a Tour;
(b) cabin changes on a vessel;
(c) substitution of another port or anchor location;
(d) additional embarkations and disembarkations;
(e) substitution of alternate transportation, including the use of motor coaches;
(f) substitution of hotel accommodation for accommodation on a vessel;
(g) alterations to arrival and departure times;
(h) alterations to sightseeing activities; and
(i) reductions or increases in the time spent at a location.
5.8 If We or the Operator substitute any vessel, motor coach or accommodation under this clause 5, We or they will use reasonable endeavours to provide You with a substitution of equivalent specification or quality, but some services and facilities may not be available for all substitute arrangements.
5.9 Any changes to Your Itinerary will be notified to You:
(a) if prior to Your Tour Departure Date, by phone, email or post using the Guest Contact Details or via Your travel agent; or
(b) if during Your Tour, personally by Your Cruise Director or Tour Director.
5.10 To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause 5, including without limitation any:
(a) claim for distress, disappointment or loss of enjoyment arising from the alteration;
(b) additional personal expenses incurred by You, including for food, beverages and personal items; or
(c) costs associated with any other travel arrangements affected by the changes, including any costs and expenses incurred by You for cancelling or changing those other arrangements or arising from a failure to meet a connection.
Appears in 1 contract
Samples: Tour Contract
Cancellation, delays and changes to Your Itinerary. 5.1 Your Booking is conditional on Us receiving a minimum number of Journey journey or cruise passenger bookings to operate the Journey and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey or Journey Departure Date.
5.2 We will use reasonable endeavours to make any decision to cancel or delay a Journey or Cruise, and to notify YouYou of that decision, at least 60 days prior to the scheduled Journey Departure Date.
5.3 If We cancel or delay the departure of a Journey by 7 days or more before departure for any reason other than as a result of the occurrence of a Force Majeure Event:
(a) We will use reasonable endeavours to offer You the closest available Journey or Cruise departure. If the proposed alternative Journey or Cruise is:
(i) cheaper than Your original Journey Price, We will refund the difference to You; or
(ii) more expensive than Your original Journey Price, You must pay the difference to Us;
(b) if You accept the proposed alternative Journey or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
(c) if You do not accept the proposed alternative Journey or Cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, refund to You all monies paid directly to Us, excluding any flights which were booked by Us and will have no further liability to You; and
(d) We are not liable for any third party costs You may incur, for example airfares if booked through Us or independently or other arrangements booked independently through or paid to a travel agent.
5.4 If, as a result of the occurrence of a Force Majeure Event, We;
(a) cancel or delay the departure of a Journey prior to the Journey journey start date We will:
(i) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value of all monies You have paid directly to Us, excluding any flights which were booked by Us for the cancelled Booking; and
(iii) not refund any amounts You have paid directly to Us for the cancelled Booking;
(b) cancel a Journey after commencement We will:
(i) cancel Your Booking and terminate the Contract; and
(ii) not refund any amounts You have paid directly to Us for the cancelled Booking;
(c) issue a Future Travel Credit to You:
(i) You may apply the Future Travel Credit towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to your selected Journey or cruise.
(ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises Tours & Journeys, Emerald Cruises and Evergreen Cruises & JourneysTours).
(iii) If your original booking was 4.11 You are responsible for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person to apply towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking;
(v) its use for any future booking is subject to availability;
(vi) the Future Travel Credit cannot be applied against stand- alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary
(vii) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent it is not used; and
(viii) You (or the person to whom the Future Travel Credit is transferred) must pay for all costs and expenses incurred by You as a result of any shortfall between the value of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 of these Conditions.
5.5 We will use reasonable endeavours to provide the Journey change made by You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need after Your Journey Departure Date. This includes changes due to make alterations to the Journey
(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
(b) provide or arrange appropriate alternative activities, transport and accommodation as required.
5.6 The circumstances in which Your Itinerary or the Journey may be altered include:
(a) high or low water levels in any river or canal;
(b) lock closures, unscheduled vessel maintenance illness or other operational personal reasons;
(c) road, river or weather conditions;
(d) national or local holidays affecting the closure of public buildings or attractions;
(e) Force Majeure Events;
(f) emergency events, accidents, injuries or other incidents involving You or other passengers; and
(g) any other event beyond Our control.
Appears in 1 contract
Samples: Terms and Conditions
Cancellation, delays and changes to Your Itinerary. 5.1 Your Booking is conditional on Us receiving a minimum number of Journey tour or cruise passenger bookings to operate the Journey Tour and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey Tour or Journey Tour Departure Date.
5.2 We will use reasonable endeavours endeavour to make any decision to cancel or delay a Journey Tour or Cruise, and to notify YouYou of that decision, at least 60 days prior to the scheduled Tour Departure Date.
5.3 If We cancel or delay the departure of a Journey by 7 days or more Tour, for whatever reason, before departure for any reason other than as a result of the occurrence of a Force Majeure Eventdeparture:
(a) We will use reasonable endeavours to offer You the closest available Journey tour or Cruise cruise departure. If the proposed alternative Journey tour or Cruise cruise is:
(i) cheaper than Your original Journey Tour Price, We will refund the difference to You; or
(ii) more expensive than Your original Journey Tour Price, You must pay the difference to Us;
(b) if You accept the proposed alternative Journey tour or Cruisecruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
(c) if You do not accept the proposed alternative Journey tour or Cruise cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the ContractBooking, refund to You all monies paid directly to Us, excluding any flights which were booked by Us and will have no further liability to You; and
(d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares if booked through Us or independently or other arrangements booked independently through or paid to a travel agent.
5.4 If, as a result of the occurrence of a Force Majeure Event, We;
(a) cancel or If We delay the departure of a Journey prior to the Journey start date Tour, for whatever reason, for more than 7 days, You may terminate this Contract and We willwill provide You with, at Your option, either:
(ia) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value full refund of all monies You have amounts paid directly to Us, excluding any flights which were booked by Us for the cancelled Booking; and
(iii) not refund any amounts You have paid directly to Us for the cancelled Booking;or
(b) cancel a Journey after commencement We will:
(i) cancel Your Booking and terminate the Contract; and
(ii) not refund any amounts You have paid directly to credit towards future tours with Us which will be valid for the cancelled Booking;
(c) issue a Future Travel Credit to You:
(i) You may apply the Future Travel Credit towards any future booking for a Journey with a scheduled departure date within 24 months after from the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to your selected Journey or cruise.
(ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iii) If your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person to apply towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking;
(v) its use for any future booking is subject to availability;
(vi) the Future Travel Credit cannot be applied against stand- alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary
(vii) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent it is not used; and
(viii) You (or the person to whom the Future Travel Credit is transferred) must pay any shortfall between the value notify Us of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 termination of these Conditionsthis Contract.
5.5 We will use reasonable endeavours to provide the Journey Tour You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the JourneyTour or Your Itinerary, before or after the commencement of the Tour. Where, due to circumstances outside the Operator’s control, We are unable to provide the Tour in accordance with Your Itinerary, We will use reasonable endeavours to:
(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
(b) provide or arrange appropriate alternative activities, transport and accommodation as required.
5.6 The circumstances in which Your Itinerary or the Journey Tour may be altered include:
(a) high or low water levels in any river or canal;
(b) lock closures, unscheduled vessel maintenance or other operational reasons;
(c) road, river or weather conditions;
(d) national or local holidays affecting the closure of public buildings or attractions;
(e) Force Majeure Events;
(f) emergency events, accidents, injuries or other incidents involving You or other passengers; and
(g) any other event beyond Our control.
Appears in 1 contract
Samples: Terms and Conditions
Cancellation, delays and changes to Your Itinerary. 5.1 Your Booking is conditional on Us receiving a minimum number of Journey tour or cruise passenger bookings to operate the Journey Tour and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey Tour or Journey Tour Departure Date.
5.2 We will use reasonable endeavours endeavour to make any decision to cancel or delay a Journey Tour or Cruise, and to notify YouYou of that decision, at least 60 days prior to the scheduled Tour Departure Date.
5.3 If We cancel or delay the departure of a Journey by 7 days or more Tour, for whatever reason, before departure for any reason other than as a result of the occurrence of a Force Majeure Eventdeparture:
(a) We will use reasonable endeavours to offer You the closest available Journey tour or Cruise cruise departure. If the proposed alternative Journey tour or Cruise cruise is:
(i) cheaper than Your original Journey Tour Price, We will refund the difference to You; or
(ii) more expensive than Your original Journey Tour Price, You must pay the difference to Us;
(b) if You accept the proposed alternative Journey tour or Cruisecruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
(c) if You do not accept the proposed alternative Journey tour or Cruise cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the ContractBooking, refund to You all monies paid directly to Us, excluding any flights which were booked by Us and will have no further liability to You; and
(d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares if booked through Us or independently or other arrangements booked independently through or paid to a travel agent.
5.4 If, as a result of the occurrence of a Force Majeure Event, We;
(a) cancel or If We delay the departure of a Journey prior to the Journey start date Tour, for whatever reason, for more than 7 days, You may terminate this Contract and We willwill provide You with, at Your option, either:
(ia) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value full refund of all monies You have amounts paid directly to Us, excluding any flights which were booked by Us for the cancelled Booking; and
(iii) not refund any amounts You have paid directly to Us for the cancelled Booking;or
(b) cancel a Journey after commencement We will:
(i) cancel Your Booking and terminate the Contract; and
(ii) not refund any amounts You have paid directly to credit towards future tours with Us which will be valid for the cancelled Booking;
(c) issue a Future Travel Credit to You:
(i) You may apply the Future Travel Credit towards any future booking for a Journey with a scheduled departure date within 24 months after from the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to your selected Journey or cruise.
(ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iii) If your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person to apply towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking;
(v) its use for any future booking is subject to availability;
(vi) the Future Travel Credit cannot be applied against stand- alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary
(vii) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent it is not used; and
(viii) You (or the person to whom the Future Travel Credit is transferred) must pay any shortfall between the value notify Us of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 termination of these Conditionsthis Contract.
5.5 We will use reasonable endeavours to provide the Journey Tour You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the JourneyTour or Your Itinerary, before or after the commencement of the Tour. Where, due to circumstances outside the Operator’s control, We are unable to provide the Tour in accordance with Your Itinerary, We will use reasonable endeavours to:
(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
(b) provide or arrange appropriate alternative activities, transport and accommodation as required.
5.6 The circumstances in which Your Itinerary or the Journey Tour may be altered include:
(a) high or low water levels in any river or canal;
(b) lock closures, unscheduled vessel maintenance or other operational reasons;
(c) road, river or weather conditions;
(d) national or local holidays affecting the closure of public buildings or attractions;
(e) Force Majeure Events;
(f) emergency events, accidents, injuries or other incidents involving You or other passengers; and
(g) any other event beyond Our control.
Appears in 1 contract
Samples: Terms and Conditions
Cancellation, delays and changes to Your Itinerary. 5.1 Your Booking is conditional on Us receiving a minimum number of Journey or cruise passenger bookings to operate the Journey and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey or Journey Departure Date.
5.2 We will use reasonable endeavours to make any decision to cancel or delay a Journey or Cruise, and to notify YouYou of that decision, at least 60 days prior to the scheduled Journey Departure Date.
5.3 If We cancel or delay the departure of a Journey by 7 days or more before departure for any reason other than as a result of the occurrence of a Force Majeure Event:
(a) We will use reasonable endeavours to offer You the closest available Journey or Cruise departure. If the proposed alternative Journey or Cruise is:
(i) cheaper than Your original Journey Price, We will refund the difference to You; or
(ii) more expensive than Your original Journey Price, You must pay the difference to Us;
(b) if You accept the proposed alternative Journey or Cruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
(c) if You do not accept the proposed alternative Journey or Cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, refund to You all monies paid directly to Us, excluding any flights which were booked by Us and will have no further liability to You; and
(d) We are not liable for any third party costs You may incur, for example airfares if booked through Us or independently or other arrangements booked independently through or paid to a travel agent.
5.4 If, as a result of the occurrence of a Force Majeure Event, We;
(a) cancel or delay the departure of a Journey prior to the Journey start date We will:
(i) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value of all monies You have paid directly to Us, excluding any flights which were booked by Us for the cancelled Booking; and
(iii) not refund any amounts You have paid directly to Us for the cancelled Booking;
(b) cancel a Journey after commencement We will:
(i) cancel Your Booking and terminate the Contract; and
(ii) not refund any amounts You have paid directly to Us for the cancelled Booking;
(c) issue a Future Travel Credit to You:
(i) You may apply the Future Travel Credit towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to your selected Journey or cruise.
(ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iii) If your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person to apply towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking;
(v) its use for any future booking is subject to availability;
(vi) the Future Travel Credit cannot be applied against stand- stand-alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary
(vii) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent it is not used; and
(viii) You (or the person to whom the Future Travel Credit is transferred) must pay any shortfall between the value of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 of these Conditions.
5.5 We will use reasonable endeavours to provide the Journey You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the Journeybe
(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
(b) provide or arrange appropriate alternative activities, transport and accommodation as required.
5.6 The circumstances in which Your Itinerary or the Journey may be altered include:
(a) high or low water levels in any river or canal;
(b) lock closures, unscheduled vessel maintenance or other operational reasons;
(c) road, river or weather conditions;
(d) national or local holidays affecting the closure of public buildings or attractions;
(e) Force Majeure Events;
(f) emergency events, accidents, injuries or other incidents involving You or other passengers; and
(g) any other event beyond Our control.
Appears in 1 contract
Samples: Terms and Conditions
Cancellation, delays and changes to Your Itinerary. 5.1 Your Booking is conditional on Us receiving a minimum number of Journey tour or cruise passenger bookings to operate the Journey Tour and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey Tour or Journey Tour Departure Date.
5.2 We will use reasonable endeavours endeavour to make any decision to cancel or delay a Journey Tour or Cruise, and to notify YouYou of that decision, at least 60 days prior to the scheduled Tour Departure Date.
5.3 If We cancel or delay the departure of a Journey by 7 days or more Tour, for whatever reason, before departure for any reason other than as a result of the occurrence of a Force Majeure Eventdeparture:
(a) We will use reasonable endeavours to offer You the closest available Journey tour or Cruise cruise departure. If the proposed alternative Journey tour or Cruise cruise is:
(i) cheaper than Your original Journey Tour Price, We will refund the difference to You; or
(ii) more expensive than Your original Journey Tour Price, ,You must pay the difference to Us;
(b) if You accept the proposed alternative Journey tour or Cruise, cruise,Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
(c) if You do not accept the proposed alternative Journey tour or Cruise cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the ContractBooking, refund to You all monies paid directly to Us, excluding any flights which were booked by Us and will have no further liability to You; and
(d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares if booked through Us or independently or other arrangements booked independently through or paid to a travel agent.
5.4 If, as a result of the occurrence of a Force Majeure Event, We;
(a) cancel or If We delay the departure of a Journey prior to the Journey start date Tour, for whatever reason, for more than 7 days, You may terminate this Contract and We willwill provide You with, at Your option, either:
(ia) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value full refund of all monies You have amounts paid directly to Us, excluding any flights which were booked by Us for the cancelled Booking; and
(iii) not refund any amounts You have paid directly to Us for the cancelled Booking;or
(b) cancel a Journey after commencement We will:
(i) cancel Your Booking and terminate the Contract; and
(ii) not refund any amounts You have paid directly to credit towards future tours with Us which will be valid for the cancelled Booking;
(c) issue a Future Travel Credit to You:
(i) You may apply the Future Travel Credit towards any future booking for a Journey with a scheduled departure date within 24 months after from the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to your selected Journey or cruise.
(ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iii) If your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person to apply towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking;
(v) its use for any future booking is subject to availability;
(vi) the Future Travel Credit cannot be applied against stand- alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary
(vii) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent it is not used; and
(viii) You (or the person to whom the Future Travel Credit is transferred) must pay any shortfall between the value notify Us of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 termination of these Conditionsthis Contract.
5.5 We will use reasonable endeavours to provide the Journey Tour You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the JourneyTour or Your Itinerary, before or after the commencement of the Tour. Where, due to circumstances outside the Operator’s
(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
(b) provide or arrange appropriate alternative activities, transport and accommodation as required.
5.6 The circumstances in which Your Itinerary or the Journey Tour may be altered include:
(a) high or low water levels in any river or canal;
(b) lock closures, unscheduled vessel maintenance or other operational reasons;
(c) road, river or weather conditions;
(d) national or local holidays affecting the closure of public buildings or attractions;
(e) Force Majeure Events;
(f) emergency events, accidents, injuries or other incidents involving You or other passengers; and
(g) any other event beyond Our control.
Appears in 1 contract
Samples: Terms and Conditions
Cancellation, delays and changes to Your Itinerary. 5.1 Your Booking is conditional on Us receiving a minimum number of Journey tour or cruise passenger bookings to operate the Journey Tour and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey Tour or Journey Tour Departure Date.
5.2 We will use reasonable endeavours endeavour to make any decision to cancel or delay a Journey Tour or Cruise, and to notify YouYou of that decision, at least 60 days prior to the scheduled Tour Departure Date.
5.3 If We cancel or delay the departure of a Journey by 7 days or more Tour, for whatever reason, before departure for any reason other than as a result of the occurrence of a Force Majeure Eventdeparture:
(a) We will use reasonable endeavours to offer You the closest available Journey tour or Cruise cruise departure. If the proposed alternative Journey tour or Cruise cruise is:
(i) cheaper than Your original Journey Tour Price, We will refund the difference to You; or
(ii) more expensive than Your original Journey Tour Price, You must pay the difference to Us;
(b) if You accept the proposed alternative Journey tour or Cruisecruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
(c) if You do not accept the proposed alternative Journey tour or Cruise cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the ContractBooking, refund to You all monies paid directly to Us, excluding any flights which were booked by Us and will have no further liability to You; and
(d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares if booked through Us or independently or other arrangements booked independently through or paid to a travel agent.
5.4 If, as a result of the occurrence of a Force Majeure Event, We;
(a) cancel or If We delay the departure of a Journey prior to the Journey start date We will:
(i) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value of all monies You have paid directly to UsTour, excluding any flights which were booked by Us for the cancelled Booking; and
(iii) not refund any amounts You have paid directly to Us whatever reason, for the cancelled Booking;
(b) cancel a Journey after commencement We will:
(i) cancel Your Booking and terminate the Contract; and
(ii) not refund any amounts You have paid directly to Us for the cancelled Booking;
(c) issue a Future Travel Credit to You:
(i) more than 7 days, You may apply the Future Travel Credit towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking subject to availability terminate this Contract and any Future Travel Credit capacity limits applicable to your selected Journey or cruise.
(ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iii) If your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person to apply towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking;
(v) its use for any future booking is subject to availability;
(vi) the Future Travel Credit cannot be applied against stand- alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary
(vii) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent it is not used; and
(viii) You (or the person to whom the Future Travel Credit is transferred) must pay any shortfall between the value of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 of these Conditions.
5.5 We will use reasonable endeavours to provide the Journey You have booked in accordance with with, at Your Itinerary. Howeveroption, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the Journey
(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
(b) provide or arrange appropriate alternative activities, transport and accommodation as required.
5.6 The circumstances in which Your Itinerary or the Journey may be altered includeeither:
(a) high or low water levels in any river or canal;a full refund of all amounts paid to Us; or
(b) lock closuresa credit towards future tours with Us which will be valid for 24 months from the date You notify Us of the termination of this Contract.
6.7 If You are unhappy with something that does or does not happen on Your Tour, unscheduled vessel maintenance You must first use all reasonable endeavours to negotiate with Us in good faith to settle the dispute before commencing proceedings in any court or other operational reasons;
(c) roadtribunal. In the first instance You should raise Your concern with the Tour Director or the Cruise Director as soon as reasonably practicable, river or weather conditions;
(d) national or local holidays affecting the closure of public buildings or attractions;
(e) Force Majeure Events;
(f) emergency events, accidents, injuries or other incidents involving You or other passengers; and
(g) any other event beyond Our controlas it may be possible for them to take steps to resolve Your concern with minimal delay.
Appears in 1 contract
Samples: Terms and Conditions
Cancellation, delays and changes to Your Itinerary. 5.1 Your Booking is conditional on Us receiving a minimum number of Journey tour or cruise passenger bookings to operate the Journey Tour and ensure an enjoyable group atmosphere. Where sufficient numbers cannot be achieved, We may cancel or delay a scheduled Journey Tour or Journey Tour Departure Date.
5.2 We will use reasonable endeavours endeavour to make any decision to cancel or delay a Journey Tour or Cruise, and to notify YouYou of that decision, at least 60 days prior to the scheduled Tour Departure Date.
5.3 If We cancel or delay the departure of a Journey Tour, for whatever reason, before departure:
4.9 You are responsible for and must pay for all costs and expenses incurred by 7 days or more before departure for any reason other than You as a result of the occurrence of a Force Majeure Event:any change made by You to Your Itinerary after Your Tour Departure Date. This includes changes due to illness or other personal reasons.
(a) We will use reasonable endeavours to offer You the closest available Journey tour or Cruise cruise departure. If the proposed alternative Journey tour or Cruise cruise is:
(i) cheaper than Your original Journey Tour Price, We will refund the difference to You; or
(ii) more expensive than Your original Journey Tour Price, You must pay the difference to Us;
(b) if You accept the proposed alternative Journey tour or Cruisecruise, Your Itinerary will be amended accordingly and We will give You an updated Itinerary;
(c) if You do not accept the proposed alternative Journey tour or Cruise cruise within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the ContractBooking, refund to You all monies paid directly to Us, excluding any flights which were booked by Us and will have no further liability to You; and
(d) We are not liable for any third party costs You may incur, which We have not booked on Your behalf, for example airfares if booked through Us or independently or other arrangements booked independently through or paid to a travel agent.
5.4 If, as a result of the occurrence of a Force Majeure Event, We;
(a) cancel or If We delay the departure of a Journey prior to the Journey start date Tour, for whatever reason, for more than 7 days, You may terminate this Contract and We willwill provide You with, at Your option, either:
(ia) cancel Your Booking and terminate the Contract;
(ii) issue You with a Future Travel Credit to the value full refund of all monies You have amounts paid directly to Us, excluding any flights which were booked by Us for the cancelled Booking; and
(iii) not refund any amounts You have paid directly to Us for the cancelled Booking;or
(b) cancel a Journey after commencement We will:
(i) cancel Your Booking and terminate the Contract; and
(ii) not refund any amounts You have paid directly to credit towards future tours with Us which will be valid for the cancelled Booking;
(c) issue a Future Travel Credit to You:
(i) You may apply the Future Travel Credit towards any future booking for a Journey with a scheduled departure date within 24 months after from the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to your selected Journey or cruise.
(ii) If your original booking was for an ocean or river cruise, the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iii) If your original booking was for a land Journey, the Future Travel Credit can be applied to available land Journeys or ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Journeys, Emerald Cruises and Evergreen Cruises & Journeys).
(iv) You may, with our prior written consent, which we will not unreasonably refuse, transfer it to another person to apply towards any future booking for a Journey with a scheduled departure date within 24 months after the date on which We cancel Your Booking;
(v) its use for any future booking is subject to availability;
(vi) the Future Travel Credit cannot be applied against stand- alone products or upgrades from third parties or Service Providers (as defined in clause 2) in conjunction with the standard Journey itinerary
(vii) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent it is not used; and
(viii) You (or the person to whom the Future Travel Credit is transferred) must pay any shortfall between the value notify Us of the Future Travel Credit and the Journey Price for the new Booking in accordance with clause 3 termination of these Conditionsthis Contract.
5.5 We will use reasonable endeavours to provide the Journey Tour You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and the Operator may need to make alterations to the JourneyTour or Your Itinerary, before or after the commencement of the Tour. Where, due to circumstances outside the Operator’s control, We are unable to
(a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and
(b) provide or arrange appropriate alternative activities, transport and accommodation as required.
5.6 The circumstances in which Your Itinerary or the Journey Tour may be altered include:
(a) high or low water levels in any river or canal;
(b) lock closures, unscheduled vessel maintenance or other operational reasons;
(c) road, river or weather conditions;
(d) national or local holidays affecting the closure of public buildings or attractions;
(e) Force Majeure Events;
(f) emergency events, accidents, injuries or other incidents involving You or other passengers; and
(g) any other event beyond Our control.
5.7 Alterations to Your Itinerary or the Tour may include:
(a) substitution of vessels for part or the whole of a Tour;
(b) cabin changes on a vessel;
(c) additional embarkations and disembarkations;
(d) substitution of alternate transportation, including the use of motor coaches;
(e) substitution of hotel accommodation for accommodation on a vessel;
(f) alterations to arrival and departure times;
(g) alterations to sightseeing activities; and
(h) reductions or increases in the time spent at a location.
5.8 If We or the Operator substitute any vessel, motor coach or accommodation under this clause 5, We or they will use reasonable endeavours to provide You with a substitution of equivalent specification or quality, but some services and facilities may not be available for all substitute arrangements.
5.9 Any changes to Your Itinerary will be notified to You:
(a) if prior to Your Tour Departure Date, by phone, email or post using the Guest Contact Details or via Your Travel Agent; or
(b) if during Your Tour, personally by Your Cruise Director or Tour Director.
5.10 To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause 5, including without limitation any:
(a) claim for distress, disappointment or loss of enjoyment arising from the alteration;
(b) additional personal expenses incurred by You, including for food, beverages and personal items; or
(c) costs associated with any other travel arrangements affected by the changes, including any costs and expenses incurred by You for cancelling or changing those other arrangements or arising from a failure to meet a connection.
Appears in 1 contract
Samples: Terms and Conditions
