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River Cruise Advisor’s Participant Agreement*

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River & Canal Cruise Terms and Conditions
Effective Date: October 19, 2023 (Last Updated: April 12, 2025)

These Terms and Conditions (“Terms”) constitute a binding agreement between Avid Travel Media Inc., a North Carolina S-Corporation, doing business as River Cruise Advisor (“we”, “us”), and the individual booking or participating in the cruise travel experience, on behalf of themselves and all members of their party (“you”). By booking a River or Canal Cruise, you confirm your agreement to these Terms. Please read them carefully, as they include important limitations on liability, waivers, indemnity provisions, and payment and cancellation policies.

1. Role and Responsibility Disclaimer

Avid Travel Media Inc., a North Carolina corporation, charters the vessel and serves as the organizer of your River Cruise. We coordinate and package travel services, including cruise accommodations, pre- and post-cruise land arrangements, and related services, and we collect payment directly from travelers.

The vessel operator and service providers – including but not limited to AmaWaterways, Avalon Waterways, CroisiEurope (“the Carrier”), hotels, and land tour operators (“Suppliers”) – are independent contractors. We do not control or operate the ship, establish the cruise itinerary, or directly manage onboard services. Those remain solely within the Carrier’s discretion.

By booking with us, you agree that Avid Travel Media Inc. is not liable for any act, omission, breach of duty, or negligence of the Carrier or any Supplier. All such services are provided pursuant to their own terms and conditions, which apply in addition to these Terms.

2. Booking, Deposits, and Final Payment

To secure your reservation, we require a non-refundable deposit ranging from US$100 to US$2,000 per person, depending on the cruise. Final payment is due no later than 90 days before departure and is also non-refundable. Your reservation is not confirmed until we receive both the deposit and a signed reservation agreement or online acceptance. Payments not received on time may result in cancellation without refund.

You are responsible for disclosing any mobility limitations or medical conditions that may require accommodation at the time of booking. Failure to do so may result in denial of participation without refund. See Section 7 for full Accessibility and Disability terms.

3. Cancellations, No-Shows, and Substitutions

All cancellations must be made by contacting Avid Travel Media Inc. at (954) 600-8835 during weekday business hours (9:00 a.m. to 5:00 p.m. Eastern Time). The effective date of cancellation is the date we receive and confirm your cancellation notice.

All payments – including deposits and final payments – are non-refundable, regardless of the reason for cancellation. This includes, without limitation, cancellations due to:

• Illness (including COVID-19 or other contagious illness),

• Injury,

• Family emergencies,

• Changes in travel warnings or advisories,

• Fear of travel,

• Airline delays or cancellations, or

• Denial of boarding or travel documents.

If a guest is unable to participate, a substitute participant may take their place only if we receive written notice and a completed reservation form from the replacement no later than 15 days prior to departure, along with a US$250 substitution fee. We reserve the right to decline a replacement for any nondiscriminatory reason, including failure to meet eligibility requirements or incomplete documentation.

No refunds or credits will be given for no-shows, late arrivals, or partially used services. If you miss the departure, you may join the trip later at your own expense. Changes in travel dates, guest names, or reduction in number of participants are treated as cancellations.

You acknowledge that we incur significant non-recoverable costs when chartering the vessel and arranging Supplier services. These cancellation terms represent agreed liquidated damages, not a penalty.

We strongly recommend purchasing comprehensive travel insurance that includes trip cancellation coverage. Cancellations due to undisclosed medical or accessibility issues are treated the same as any other cancellation and are non-refundable.

4. Changes to Services

We reserve the right to change cruise routes, land arrangements, accommodations, or transportation due to weather, safety, or Supplier decisions. The Carrier may modify the itinerary at its discretion for safety, navigational, or operational reasons. Alternate arrangements – such as docked accommodations or ground transport – may be substituted without prior notice. While we and the Carrier will make reasonable efforts to deliver comparable services, the level of similarity may vary, and such changes do not entitle you to any refund or credit.

If we or the Carrier cancel the trip entirely, you will receive a refund of any funds returned to us by the Carrier or Supplier, less any unrecoverable costs. This refund is your sole remedy; we are not responsible for additional compensation, costs, or damages.

5. Force Majeure

We are not responsible for any delay, change, or cancellation of services due to circumstances beyond our control, including but not limited to acts of God, natural disasters, epidemics or pandemics, civil unrest, war, terrorism, government orders, or Supplier failure. No refunds, credits, or liability shall result from such disruptions.

We assume no responsibility for, and shall not be liable for, any acts or omissions of parties not under our control, including but not limited to acts of God, unsafe conditions, terrorism, health hazards (including pandemics), or adverse weather.

We have no special knowledge regarding potential dangers at your destination. For up-to-date information on travel advisories, visit:

• U.S. Department of State: www.travel.state.gov
• Centers for Disease Control (CDC): www.cdc.gov/travel

6. Air Travel

We are not responsible for airline seat changes, cancellations, or schedule adjustments. If air arrangements are made through us, airfare remains subject to change until paid in full and may increase due to taxes or fuel surcharges. Frequent flyer programs are private agreements between you and the airline, and we are not liable for reward point issues.

7. Medical Emergencies and Health Disclaimer

There is no medical doctor onboard the vessel. Emergency medical care may be delayed or unavailable. You are solely responsible for managing your health, medication, and fitness to travel.

We are not liable for the quality, availability, or outcome of any medical treatment received during the trip. You acknowledge that cruise travel involves physical activity and inherent risks. You affirm that you are fit to travel and engage in planned activities.

We strongly recommend that all participants obtain comprehensive travel and medical insurance -including coverage for trip interruption, emergency evacuation, and pre-existing conditions. U.S. Medicare does not provide coverage outside the United States.

8. Accessibility and Disability Notice

Cruise vessels, ports, and certain land-based accommodations may be inaccessible to persons with mobility or other impairments. Facilities such as elevators, ramps, or accessible restrooms may be limited or unavailable. You are responsible for assessing whether the cruise and associated travel are suitable for your abilities.

If you or a member of your party has a condition that may require special accommodations, assistive devices, or mobility aids, you must notify us in writing at the time of booking – or as early as possible – and provide detailed information about the condition and requested accommodations. We will forward such information to the relevant Suppliers. However, we do not guarantee the availability or adequacy of any accommodation.

We reserve the right to decline participation, without refund, for any guest whose physical condition, mobility, or behavior creates a direct threat to the health or safety of others, or who is unable to participate without undue burden on staff or Suppliers. In such cases, we may require the individual to travel with a companion capable of providing necessary assistance.

9. Documentation and Visas

A valid passport is required for each participant and must remain valid for at least six (6) months after your scheduled return date. Your name as listed on your passport and visa (if required) must exactly match the name on your airline and cruise documents.

Non-U.S. citizens must consult the appropriate consulates for visa and entry requirements. You are solely responsible for obtaining and verifying all required documentation. We do not provide visa services and are not responsible for delays, missed itinerary components, or additional costs resulting from incomplete or incorrect travel documents.

10 .Pricing and Inclusions

Prices are listed in USD and are based on double occupancy. Single supplements apply. Published rates exclude airfare (unless stated), gratuities, optional excursions, passport/visa fees, baggage fees, medical insurance, personal expenses, and transfers. Prices generally include hotel and airfare taxes where applicable. Tips for guides or local staff are not included unless stated. Some countries may charge departure taxes at the airport, which are not included in your fare and must be paid locally. We do not include transportation between airports, hotels, or the ship unless explicitly noted. If we assist in arranging private transfers, a nominal fee will apply. Prices do not include vaccinations, laundry, or other items and services of a personal nature unless specifically noted. We reserve the right to correct pricing errors and charge the accurate fare or cancel the booking if necessary.

11. Liability Limitation

Our maximum liability to you, under any legal theory, is limited to the amount you paid us for the cruise. We are not liable for punitive, consequential, incidental, or indirect damages. This limitation applies to all claims, including but not limited to those arising from breach of contract, negligence, personal injury, death, or property loss.

12. Indemnification

You agree to indemnify, defend, and hold harmless Avid Travel Media Inc., its officers, employees, agents, and affiliates (the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Any act, omission, or misconduct by you or any member of your traveling party;

• Any breach of these Terms by you or your traveling party;

• Any failure to comply with applicable laws or regulations;

• Any failure to disclose a medical condition, disability, or special requirement in accordance with Sections 6 and 7;

• Any claims brought by substitute participants or third parties in connection with your booking.

This indemnity applies regardless of whether the claim is brought directly against you, your guests, or the Indemnified Parties.

13. Travel Insurance

We strongly recommend that you purchase comprehensive travel insurance to protect against financial loss due to trip cancellation, interruption, medical emergencies, evacuation, or baggage loss. This should include:

• Trip cancellation and interruption coverage

• Emergency medical treatment abroad

• Medical evacuation and repatriation

• Coverage for pre-existing conditions (if applicable)

It is your responsibility to evaluate and obtain appropriate insurance. Avid Travel Media Inc. is not responsible for losses incurred due to your failure to obtain adequate coverage. U.S. Medicare and many domestic health plans do not provide coverage outside the United States.

14. Governing Law, Venue, Dispute Resolution & Class Action Waiver

These Terms shall be governed exclusively by the laws of the State of North Carolina, USA, without regard to its conflict of laws rules.

You agree that any dispute, claim, or cause of action arising from or related to the River Cruise, travel services, pre- or post-cruise activities, payments, these Terms, or any act or omission of Avid Travel Media Inc., the Carrier, or Suppliers shall be brought only in the state or federal courts located in Buncombe County, North Carolina. You irrevocably submit to the jurisdiction of those courts and waive any claim of inconvenient forum.

You agree to bring any such claim solely on an individual basis, and you waive any right to participate in a class action, collective action, or other representative proceeding.

You further agree that any claim must be submitted in writing within 30 days of the conclusion of the trip and must be filed in court within one (1) year from the date of the incident or be permanently barred. You agree that any claims, judgments, or awards shall exclude attorneys’ fees, even if you prevail.

15. Acceptance and Digital Consent

By booking a cruise or checking the acceptance box online, you confirm your understanding and agreement to these Terms. Digital signatures and click-through consent are enforceable. Records are stored electronically for legal compliance.

16. Photography

We may use photographs or video from your trip for promotional purposes. You grant us permission to do so unless you request exclusion in writing.

17. Carrier Information

The Carrier for your cruise may include, but is not limited to, CroisiEurope, AmaWaterways, or Avalon Waterways. These companies operate under the laws of their respective jurisdictions. You will receive a copy of the Carrier’s passenger ticket contract, which constitutes a separate agreement between you and the Carrier. We are not responsible for the Carrier’s exercise of its contractual rights or any resulting losses you may incur.

18. Cancellation by Carrier

The Carrier reserves the right to cancel, change, or postpone any cruise departure or itinerary. In the event of a complete cancellation by the Carrier, we will refund any funds remitted to us by the Carrier, less unrecoverable costs. No other compensation or damages will be provided. All other payments are non-refundable. We strongly recommend purchasing travel insurance that covers cancellation.

19. Cancellation By Us

We reserve the right to cancel a cruise departure for any lawful reason, including but not limited to insufficient participation. In such cases, we will refund any money remitted to us by the Carrier or Supplier, less any unrecoverable costs. This refund will be your sole remedy, and we will not be liable for any additional compensation, damages, or losses.

20. Personal Changes

If you choose to deviate from the published itinerary for any reason – such as arriving late, leaving early, skipping scheduled activities, or making alternate arrangements – you will not be entitled to any refund, credit, or reduction in charges. You will bear full responsibility for any unused services.

21. Assumption of Risk and Safety Acknowledgment

You acknowledge that participation in the River Cruise involves time on a ship, in transit, and ashore, with physical activities that may involve inherent risks. These include, but are not limited to, travel over water, boarding or disembarking vessels, slips, falls, weather-related events, acts of other participants, and exposure to illness or criminal activity.

You understand and voluntarily accept these risks, including risks that may be unknown or not foreseeable at the time of booking. You agree to participate at your own risk, and you acknowledge that neither we nor the Released Parties control the actions of the Carrier, its employees, other passengers, or third parties encountered during travel.

22. Release of Liability

In consideration of our granting permission for you and your travel party to participate in the River Cruise, you, for yourself, your heirs, administrators, personal representatives, and assigns, hereby fully and forever release, waive, discharge, and covenant not to sue Avid Travel Media Inc., its officers, shareholders, employees, agents, successors, and assigns (the “Released Parties”) from any and all liabilities, losses, costs, claims, demands, actions, or causes of action arising out of or relating to any injury, illness, death, or damage to property, whether caused by the negligence of the Released Parties or otherwise, occurring during or in connection with your participation in the River Cruise, including travel to and from the cruise or any related activities.

This release is intended to be as broad and inclusive as permitted by applicable law and shall be binding upon your estate, family, and legal representatives.

23. Miscellaneous

No alteration, cancellation, variation of, or addition to these Terms shall be valid unless made in writing and signed by us. If any part of these Terms conflicts with present or future laws, it shall be curtailed only to the extent necessary to comply with such laws, and the remainder shall remain in full force and effect.

You hereby consent to our use of photos or video featuring you in promotional materials without compensation, unless you request exclusion in writing. A facsimile, scanned, or electronically signed version of any signed document shall be deemed an original and enforceable as such.

These Terms constitute the entire agreement between you and Avid Travel Media Inc. regarding your River Cruise booking. No oral statements or prior written material not specifically incorporated herein shall be of any force or effect. Our failure to enforce any part of these Terms shall not be deemed a waiver of any rights.

These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns. You may not assign your rights or obligations under these Terms without prior written consent. We may assign these Terms in the event of a sale or reorganization.

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Barge 2026 Final Payment & Participation Agreement Couple