River Cruise Advisor’s Participant Agreement
By signing our reservation form or clicking “I agree” on our website or by purchasing space on our hosted cruises, you will signify your agreement with the following terms and conditions, which form an agreement between Avid Travel Media Inc. d/b/a River Cruise Advisor, a North Carolina corporation (“we” or “us”) and you, on behalf of yourself and all members of your traveling party.
PLEASE CAREFULLY READ THESE TERMS, WHICH ARE BINDING ON YOU AND CONTAIN SIGNIFICANT FEES FOR CANCELLATION AND LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS ON DAMAGES FOR BAGGAGE AND OTHER PROPERTY, PERSONAL INJURY, ILLNESS OR DEATH; CLASS ACTION WAIVER, TIME LIMITS FOR CLAIMS AND SUITS, AND RELEASE FROM LIABILITY
1. LIABILITY DISCLAIMER: For this trip (the “River Cruise”), we arrange with others for the services described in these Terms, and your confirmation. Carriers and Suppliers are independent third parties which are separate entities and are deemed not to be our principals, agents, employees or partners. WE ACT SOLELY AS A SALES AND MARKETING AGENT FOR THE CRUISE LINE (THE “CARRIER”) AND OTHER SUPPLIERS OF SERVICES (THE “SUPPLIERS”) AND DO NOT OWN OR OPERATE ANY MOTORCOACH, SHIP OR OTHER MODE OF TRANSPORTATION, HOTEL OR ACCOMMODATION. ACCORDINGLY, WE DISCLAIM RESPONSIBILITY AND LIABILITY FOR, AND YOU WAIVE, RELEASE AND ACKNOWLEDGE THAT THERE SHALL NOT BE ANY CLAIM OR RECOURSE AGAINST US FOR, OR AS A CONSEQUENCE OF: BREACH OF DUTY, BREACH OF CONTRACT, NEGLIGENT OR WILLFUL OR INTENTIONAL ACT, FAILURE TO ACT OR OMISSION BY ANY CARRIER OR SUPPLIER. Carrier, Supplier and your obligations and liabilities are subject in each case to terms and conditions of each Carrier and Supplier’s contract, and any and all laws, regulations and international conventions that apply under those contracts, including, but not limited to choice of law, jurisdiction for disputes, limitations of liability, and time limitations for claims and suits.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS (INCLUDING PERSONAL INJURY, DEATH, AND LOSS OF OR DAMAGE TO PROPERTY) OR EXPENSE OCCASIONED BY ANY ACT OR OMISSION OF ANY CARRIER OR SUPPLIER, OR ANY PROVIDER OF A TRAVEL PROTECTION PLAN, OR INSURER, OR OF ANY OTHER PERSON. If the services of a Carrier or Supplier cannot be delivered or there are changes in any planned service for any reason beyond our control, we will make an effort to arrange similar services. Any resulting additional expenses will be your responsibility.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE RIVER CRUISE OR ANY RELATED TRAVEL OR ACTIVITIES, AND OUR LIABILITY, IF ANY, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO US.
We assume no responsibility for and shall not be liable for the acts or omissions on the part of any other party not under our control or any acts of God, unsafe conditions, terrorism, health hazards including pandemics, illness, or weather hazards. We have no special knowledge of dangers during travel or at destinations. For information related to such dangers, we recommend going to the State Department travel website at www.travel.state.gov, click on “Find International travel Information” then click on “Country Information”, and fill in the name of the destination country. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, then click on “Destinations” and scroll to the name of the destination country.
2. Deposit and Final Payment: To confirm a cruise or cruise and land reservation, we require a non-refundable deposit ranging from $100 to $2000 per person. A non-refundable final payment is due no later than 90 days before the travel start date. If the River Cruise is sold out at the time we receive your reservation form and deposit, we will contact you and ask if you wish to be added to a waiting list. We reserve the right to accept or decline any prospective participant for any nondiscriminatory reason in our sole discretion.
3. Cancellation Charges: In the unfortunate event you or a member of your traveling party must cancel travel, notice must be given to Avid Travel Media by contacting us at (954) 600-8835 during normal business hours, which are weekdays 9 a.m. to 5 p.m. EST. The effective date of the cancellation is the date we receive the cancellation notice. A change in sailing date, name changes, or a reduction in the number of guests in a stateroom are treated as a cancellation in that all applicable cancellation charges apply. Your decision not to participate on the trip due to State Department warnings, fear of travel, illness, or any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the River Cruise on the departure date and time, you will be considered a no-show, and we cannot provide a full or partial refund or credit toward a future cruise, but you may join the River Cruise late at your expense. There are NO exceptions to our cancellation policies. We are chartering a ship and making other arrangements with Suppliers that require us to incur very substantial costs of operation.Therefore, your deposit and final payment are non-refundable. We strongly recommend trip insurance to cover potential losses. However, if you find a replacement for yourself or any other members of your traveling party, we will charge a change fee of $250 if, no later than 15 days before departure, we receive the written notice of the replacement and a signed reservation form from the new participant. If we receive notice of the change after that date, we will not provide a refund.
You acknowledge that your cancellation will cause us difficulty in selling a replacement cruise or cruise & land reservation and thus the cancellation policies apply regardless of whether your cruise or cruise & land reservation is resold. You agree that any losses sustained by us in the event of cancellation would be very difficult or impossible to quantify, and the cancellation fees are fair and reasonable as liquidated damages.
4. Pricing: All prices are in US dollars. In the event that a price is incorrect due to an electronic error, typographical error, human error or any other error causing the fare to be listed, quoted or advertised for an amount not intended, we reserve the right to correct the erroneous fare by requiring you to pay the correct fare intended, or we may cancel your trip. Prices are based on two persons sharing one suite. There is an additional cost for single occupancy.
5. Airlines: Airline arrangements are optional and not included in the River Cruise price. If you choose to include airline arrangements, airfares included in your trip are subject to change without notice. Please check with us for conditions applicable to your airline ticket. Airfares are subject to price increases until you have paid in full. Even after you have paid in full, airfares are subject to supplemental price increases imposed by governments, and you hereby consent to any such price increases. We will not change your requested seat assignments on commercial aircraft without permission. However, airlines often change seat assignments to satisfy their loyalty members or because of equipment changes (aircraft type). We are not notified of these changes in advance, and often clients are not made aware of these changes until they arrive at the airport. We are not responsible for seat assignment changes made by the airline. Frequent flyer programs are private agreements between airlines and passengers, and we cannot be held responsible for mileage discrepancies involving airline loyalty reward programs.
6. Transfers: When transfers between hotels and airports and the pier are included on the trip price, transportation of participants and their baggage is provided only when participants travel with the rest of the group. If your schedule is different from this, private transfers are available at extra cost and must be requested in writing. Carry-on bags must be carried by River Cruise participants. Porterage is generally not included unless otherwise stated in the individual itinerary inclusions. In some situations, porterage may not be possible. Be sure to consult the River Cruise information to be sure.
7. Taxes and Tips: If a land package is involved, tips are not included (unless stated) in the land package price, but taxes for hotel accommodations and airfare are generally included. Departure taxes within foreign countries are NOT included since they vary widely. Each airport departure may require a separate departure tax which will have to be collected from each River Cruise participant prior to boarding.
8. Prices Do Not Include: Published prices do not include passport and visa fees, baggage fees, travel protection, vaccinations, laundry, gratuities or other items or services of a personal nature.
9. Changes in Cruise and Cruise & Land Itineraries: Carrier seeks to provide services as published or stated in the final documents. But deviations to planned cruise, cruise & land itinerary or any other aspects of the travel may occur. If conditions make cruise routes unsafe for navigation or in other respects, or raise sufficient doubt about safety, Carrier reserves the right to modify or provide alternate services. These may include, but are not limited to, providing accommodation on the docked ship and/or substituting ground arrangements. An effort will be made to try to arrange elements of the cruise and cruise tour similar to those originally planned, but the level of similarity may vary. Such changes will not entitle you to any credit or a refund. Cruises, cruise & land trips, and all other aspects of the cruise and travel are subject to change with or without notice.
10. Cancellation by Carrier: Carrier reserves the right to cancel, change or postpone any cruise departure date and itinerary. In the event of a complete cancellation of a departure by Carrier, we will refund any money that the Carrier remits to us. Otherwise, all monies paid are non-refundable. We strongly advise that you protect your investment by purchasing travel insurance that covers cancellation.
11. Cancellation by Us: We reserve the right to cancel the cruise for insufficient participation, in which case we will refund any money that the Carrier remits to us. and shall have no further liability for damages or compensation of any kind.
12. Personal Changes: Your deviation from the published itinerary for any reason will not entitle you to any reduction in charges. will bear a full charge for any unused services.
13. Carrier Information: The Carrier is AmaWaterways GmbH, an entity organized under the laws of Switzerland. Other vessels may fly under flags from different nations and be organized under those laws. You will receive a copy of the Carrier’s ticket contract, which constitutes your agreement with the Carrier. We have no liability for any losses you incur as a result of the Carrier’s exercise of its contractual rights.
14. Passport and Visas: A valid passport is required for each participant. Passports must be valid for at least six (6) months after the scheduled return date to your home country. Your name, as listed on your passport and visa (if required), must exactly match your name as listed on your airline ticket and cruise documents. Non-US citizens must consult the appropriate consulates regarding visa and other document requirements. Obtaining required visas and any other required travel documentation, and assuring these are complete and correct in all ways, is the sole responsibility of each participant. We are not in a position to obtain or verify the accuracy or completeness of any participant’s visa or other required documentation and shall not be responsible or liable for delay or missed portion of any part of the itinerary or other problems resulting from the participant lacking the appropriate travel documentation.
15. Disabled Participants: Handicapped facilities are not available on board or in many places visited on the cruises and cruise tours we offer. If you or a member of your traveling party have a disability and reasonable accommodation may enable you to use the services, please let us know how you believe we can help. Please inform us in writing, at or immediately after making the reservation, but in any event as early as possible, of any mobility impairment or other condition, whether physical, emotional or mental, which may require accommodation or use of an assistive device during the travel. A reasonable effort will be made to accommodate special needs, but we are not responsible for denial of service by Carriers, hotels, or other Suppliers. A participant, who, due to impairment, is not self-sufficient, may need to travel with a companion who shall take responsibility for assistance needed during travel and in case of emergency. An individual with a disability that would result in a direct threat to the health and safety of others or to that individual may be excluded, if it is determined there is a significant risk that cannot be eliminated or reduced to an acceptable level. If you fail to timely inform us of any impairment or condition and/or your participation poses a safety risk to participant or direct health or safety threat to others, you may be excluded from parts or all of the trip. We have no liability for any condition, treatment, your failure to inform us of an impairment, or resulting exclusion.
16. Medical: Medical doctors are not available on any vessel. If medical services are required, you are solely responsible for all related charges. We will not be responsible or liable for sufficiency of our efforts to reach medical providers, unavailability, delay, quality or other aspect of any such services. We strongly recommend that, at time of booking and well before departure, you review your health and medical conditions and insurance and obtain supplemental health and medical insurance for the travel, as needed. Medicare and Medicare supplement plans do NOT cover medical expenses while abroad.
17. Indemnification: You agree to indemnify, defend and hold us harmless from and against any losses arising out of: (a) your or any members of your traveling party’s failure to comply with applicable law; or (iii) your or any members of your travel party’s failure to comply with these terms and conditions.
18. Governing Law and Exclusive Jurisdiction: All issues and questions concerning the construction, validity, interpretation and enforceability of this agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any other jurisdiction. With respect to any suit related to this agreement, each party irrevocably (if) agrees that this agreement shall be performable in North Carolina; and (ii) submits to the exclusive jurisdiction of the federal or state courts in Buncombe County, North Carolina; and (iii) waives any objection which it may have at any time to the laying of venue in such court, any claim that suit has been brought in an inconvenient forum, or any claim that such court has no jurisdiction.
19. DISPUTES: YOU EXPRESSLY AGREE THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION AGAINST US ARISING OUT OF OR CONNECTED WITH THE TRIP SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL EXCLUDE ATTORNEYS’ FEES. YOU FURTHER agree to present any claims against us within 30 days after the Cruise ends and to file within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year.
20. RELEASE: IN CONSIDERATION OF OUR GRANTING PERMISSION FOR YOU AND YOUR TRAVELING PARTY TO PARTICIPATE IN THE RIVER CRUISE, YOU, FOR YOURSELF, HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNS, HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE US, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITIES, LOSSES, COSTS, CLAIMS,DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATING TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING BUT NOT LIMITED TO DEATH, THAT MAY BE SUSTAINED BY YOU OR MEMBERS OF YOUR TRAVELING PARTY, OR TO ANY PROPERTY BELONGING TO YOU, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, OR OTHERWISE, WHILE PARTICIPATING IN THE RIVER CRUISE, OR WHILE IN, ON, OR UPON THE PREMISES, VESSELS, OR OTHER CONVEYANCES WHERE OR WHILE THE RIVER CRUISE IS BEING CONDUCTED, WHILE IN TRANSIT TO OR FROM THE RIVER CRUISE, ON IN ANY PLACE OR PLACES ASSOCIATED WITH THE RIVER CRUISE.
YOU AGREE THAT IT IS YOUR EXPRESS INTENT THAT THIS RELEASE SHALL BIND THE MEMBERS OF YOUR FAMILY AND SPOUSE, HEIRS, ASSIGNS, AND PERSONAL REPRESENTATIVE (IF YOU ARE DECEASED), AND SHALL BE DEEMED AS A RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE THE ABOVE-NAMED RELEASED PARTIES.
21. Safety: The River Cruise involves time ashore and on a ship and physical activities associated with cruises. You are fully aware of risks and hazards connected with participating in the River Cruise. You are fully aware that there may be risks and hazards unknown to you connected with participating in the River Cruise. You hereby elect to voluntarily participate in the River Cruise, to enter upon premises, vessels, and conveyances, and to engage in activities knowing that conditions may be hazardous, or may become hazardous or dangerous. Without limiting the generality of the foregoing, you understand that sailing on a ship and physical activity, by their very nature, carry certain inherent risks, including but not limited to the hazards of bodies of water (drowning, damage to the ship, etc.), accidents, actions of participants and other persons, including but not limited to criminals and terrorists. I understand that the Released Parties do not operate the ship and cannot control the actions of the ship operator, AmaWaterways, any other participant, or any other persons, including but not limited to criminals and terrorists. By your participation, you certify that you are fully aware of and accept these inherent dangers.
22. MISCELLANEOUS: No alteration, cancellation, variation of, or addition to these terms and conditions shall be of any force or effect unless reduced to writing and signed by us. If there is a conflict between any part of these terms and conditions and any present or future law, the part that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.You hereby consent to our use of pictures or video of you in our marketing materials without compensation. Facsimile or scanned transmission of any signed document shall be deemed delivery of an original.
UPDATED: October 19, 2023