Grace Period: If Booking Creation date is earlier than 365 days before the departure of the Journey, Guest is allowed to cancel the booking without fees during a “grace period” of 10 days from Booking Creation date.
13.3 In case a Suite remains for single use after the cancellation of the second Guest, the Guest occupying the Suite for single use will bear a 100% single surcharge, or any lower single surcharge the Company will be levying at that moment to any single Suite Booking. The cancellation of an additional guest (guests in addition to the first and second guest of the suite) will be charged according to clause 13.2.
13.4 It may be possible for the Guest to claim these cancellation charges from his/her travel insurance provider, subject to any applicable deductibles. It is the Guest’s responsibility to make such a claim under the terms of his/her insurance policy.
13.5 The Guest will not be liable to pay the fees mentioned in clause 13.2 and 13.3 above if the cancellation is due to Force Majeure circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of Guests to the destination.
13.6 No refund will be issued if a Guest voluntarily or involuntarily does not show up for their Journey, is denied boarding for any reason including failure to provide required travel documents, passport or visa, or terminates his/her Journey before the scheduled disembarkation date.
14. BOOKING CHANGES EFFECTED BY THE COMPANY
14.1 Arrangements for the Journey are made many months in advance by the Company. Very occasionally it may be necessary to alter them; therefore, any time before the contract is entered with the Guest, the Company expressly reserves the right to change the arrangements for the Journey should such changes become necessary or advisable for operational, commercial or safety reasons. The Company is also entitled to make insignificant change to the Journey: in this case, it shall inform the Guest accordingly in a reasonable advance.
14.2 In the event of a significant alteration to an essential term of the Contract, the Company will inform the Guest or his/her Sales Agent of such change in writing as soon as reasonably possible.
The Guest will be offered the choice of:
a) Accepting the alteration; or
b) Booking another Journey from the Company’s brochure and/or from the Official Website of equivalent or superior quality, if available; or
c) Booking another Journey from the Company’s brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price; or
d) Cancelling and receiving a full refund of all monies paid.
14.3 The notification of alteration will specify a reasonable response period by which the Guest must notify the Company of their decision. The notification will further specify that if the Guest fails to respond within the imparted time, the alterations will be considered to be accepted.
14.4 Once a Journey has been completed, and it is impossible to ensure the Guest's return to their departure point as agreed in the Contract because of unavoidable and extraordinary circumstances, the Company shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller. Where longer periods are provided for in the EU or equivalent applicable legislation for the traveller's return, those periods shall apply.
14.5 The Company has the right to assign another suite for the Guest, as long as it has similar characteristics. If there is a change in accommodation to a lower-priced suite, the Guests affected by such change will only be entitled to a refund of the price difference, according to the then current rates.
15. CANCELLATION BY THE COMPANY
15.1 The Company reserves the right to cancel any Journey at any time by giving written notice to the Guest but shall not be liable for additional compensation, if:
(i) the cancellation is due to an event of Force Majeure and/or any unusual /or unforeseeable circumstances beyond the Company’s control, the consequences of which could not have been avoided by the Company even though it has exercised all due care;
(ii) the number of persons enrolled for the Journey is smaller than the 50% of the Guest capacity of the relevant ship.
In both cases above, the Company will offer the Guest the choice of:
a) Receiving a full refund of all money paid; or
b) Booking another Journey from the Company’s brochure and/or from the Official Website of equivalent or superior quality at no extra cost, if available; or
c) Booking another Journey from the Company’s brochure and/or from the Official Website of lower quality, if available, with a refund of the difference in price.
15.3 The Guest’s decision must be notified to the Company in writing or via their Sales Agent.
16. THE COMPANY’S LIABILITY
16.1 Subject to clause 16.2 to 16.17, the Company (on behalf of Explora S.A. ) accepts responsibility for death, injury or illness directly caused by the negligent acts and or omissions of it and Explora in relation to the Passenger’s Journey Package.
16.2 The Guest acknowledges and accepts that:
(a) the liability of the Company and Explora is limited, where applicable, under the conventions mentioned in 20.3 to 20.15 inclusive);
(b) neither the Company nor Explora are responsible for any failure to perform its obligations under the Contract which is:
(i) wholly or partially attributable to the fault of the Guest;
(ii) an unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service to be provided under the Contract;
(iii) an unusual or unforeseeable circumstance beyond the control of the Company and/or Explora the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) a Force Majeure; or (iv) an event which neither Explora nor the Company could, even with all due care, have foreseen or forestalled;
(c) neither the Company nor Explora is responsible for:
(i) any loss caused to you or the Guest as a result of the Guest finding he or she is unable to participate in certain activities included in the Journey Package (due to an unexpected medical condition or otherwise);
(ii) any loss caused to you or the Guest as a result of you or the Guest failing to safe keep any tour vouchers provided to you or the Guest by the Company or Explora and failing to produce such vouchers where required;
(iii) any loss caused due to any injury suffered by you or the Guest, death and/or any damage to your property or the Guest’s property and you acknowledge that there are certain risks associated with international travel (including but not limited to risks such as luggage being damaged while participating in your Journey Package, specific risks associated with Destination Experiences, and the risk of contracting a disease or other medical condition while on the Explora’ vessel or on a Carrier) and accept such risks;
(iv) any incidental expenses that you or the Guest may incur as part of booking a Journey Package or otherwise; and
(v) any loss caused by any factors beyond our control.
16.3 For claims not involving personal injury, death or illness or which are not subject to the international conventions referred to in this clause 20, to the maximum extent permitted by law and subject to certain statutory guarantees you may have under the Consumer Laws (including the CGA and the ACL), the Company’s maximum aggregate liability for breach of the Company’s obligations under these Booking Terms & Conditions or breach of the Company’s duties at law or in equity (however arising) is limited at the Company’s option to:
(a) the cost you have paid to the Company for the services provided by the Company which you have booked at the date of such breach by the Company and excludes any services related to the Holiday Package which are provided by Explora and, if applicable, Carriers; or
(b) the cost of resupplying the services referred to in (a) above.
16.4 Neither the Company nor Explora is liable for any special, indirect, consequential or economic loss (including damage or loss of profits or anticipated profits, loss of revenue, loss of use, loss of contract or other opportunity), whether in contract or tort or arising from any other cause of action, suffered by you or any other person resulting from any act or omission by the Company and/or Explora (including breach, termination or non-observance of the terms of any agreement which incorporates these Booking Terms & Conditions).
16.5 All carriage (by land, air and sea) is subject to the Conditions of Carriage of the actual Carrier. These may limit or exclude liability. Copies of these terms and conditions are available on request from the Company.
16.6 Carriage of Passengers and their luggage by air is governed by various International conventions (the “International Air Conventions”), including the Warsaw Convention 1929 (as amended by The Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) and the Montreal Convention 1999. To the extent that the Company or Explora may be liable as a non-performing air Carrier to Passengers in respect of carriage by air, the terms of the International Air Conventions (including any subsequent amendments and any new convention which may be applicable to a Contract for a Cruise between Explora and a Passenger) are expressly incorporated into these Booking Terms and Conditions and in the Conditions of Carriage. The International Air Conventions fix limitations of liability of the Carrier for death and personal injury, loss of and damage to luggage and delay. Any liability of the Company or Explora toward the Guest arising from a carriage by air is subject to the limitation of liability provided by said Conventions. Copies of these conventions are available upon request.
16.7 Insofar as the Company and/or Explora may be liable to a Guest in respect of claims arising out of carriage by air, land or sea, the Company and Explora shall respectively be entitled to all the rights, defences, immunities and limitations available to the actual Carriers (including under the Carrier’s own conditions of carriage) and under all the applicable regulations and/or conventions, such as the Athens Convention and the International Air Conventions and nothing in these Booking Terms & Conditions nor in the Carrier’s conditions of carriage shall be deemed as a waiver thereof. If any term, condition, section or provision becomes invalid or is so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in force.
16.8 The liability (if any) of the Company and Explora for damages suffered as a result of death or personal injury to the Passenger, or loss or damage to luggage shall be determined in accordance with the following:
(a) the Carriage by Sea EU Regulation 392/2009 Concerning the Rights of Passengers when travelling by sea in the event of Accidents (EU Regulation 392/2009) will apply to international carriage by sea where the port of embarkation or disembarkation is in the EU or where the vessel has an EU flag or where the contract of carriage is made in the EU (a copy of EU Regulation 392/2009 are available on request and can be downloaded from the Internet at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/2724/an nex-b-reg-ec-392-2009.pdf. A summary of EU Regulation 392/2009 can be found at http://ec.europa.eu/transport/themes/passengers/maritime/doc/rights-in-case-ofaccident.pdf);
(b) where the vessel is being used as floating accommodation then the provisions of the Athens Convention 1974 and the limits therein will apply and are hereby expressly incorporated into these Booking Terms & Conditions including any claims for loss of or damage to luggage and or death and or personal injury;
(c) the level of damages the Company and Explora may be liable to pay in relation to death and/or personal injury and or loss of or damage to Luggage is limited and shall in no circumstances whatsoever exceed the limits of liability set out in EU Regulation 392/2009, or where applicable Athens Convention 1974;
(d) the liability of the Company and Explora for death, personal injury or illness to the Guest will not exceed 46.666 Special Drawing Rights ("SDR") as provided and defined in the Athens Convention 1974 or, where applicable, the maximum sum of 400,000 SDR pursuant to EU Regulation 392/2009 or The Athens Convention 2002 and, where there is liability for war and terrorism under EU Regulation 392/2009 or The Athens Convention 2002, 250.000 SDR;
(e) the liability of the Company and Explora for loss of or damage to Guest's luggage or other property will not exceed 833 SDR per Guest under the Athens Convention 1974 or 2,250 SDR where EU Regulation 392/2009 or Athens Convention 2002 applies;
(f) any liability of the Company and Explora will be subject to the applicable deductibles per Guest, such sum to be deducted from the loss or damage to luggage or other property; and
(g) the Guest understands that the conversion rate of SDR's fluctuates daily and may be obtained from a bank or Internet. The value of an SDR can be calculated by visiting http://www.imf.org/external/np/fin/data/rms_five.aspx.
20.9 It is presumed under the Athens Convention 1974 and where applicable The Athens Convention 2002 or EU Regulation 392/2009 that the applicable Explora’ vessel has delivered Luggage to a Guest unless written notice is given by the Guest within the following periods:
(a) in the case of apparent damage before or at the time of disembarkation or redelivery; and
(b) in the case of damage which is not apparent or loss of Luggage within fifteen days from the disembarkation or delivery or of the date that such delivery should have taken place.
16.10 If the carriage provided hereunder is not “international carriage” as defined in Article 2 of EU Regulation 392/2009 or the vessel is being used as a floating hotel and or domestic carriage by sea in the UK, the provisions of the Athens Convention 1974 shall apply to this contract and be deemed to be incorporated herein mutatis mutandis. The Company shall not be liable for loss or damage to any valuables such as monies, negotiable securities, precious metal items, jewellery, art, cameras, computers, electronic equipment, or any other valuables unless they are deposited with the Carrier for safe-keeping, and a higher limit is agreed expressly and in writing at the time of deposit, and an extra charge is paid by the Guest for declared value protection. Use of the ship’s safe is not a deposit with the ship. Where there is liability for loss of or damage to valuables deposited with the ship then such liability is limited to 1,200 SDR under the Athens Convention 1974 or 3,375SDR where EU Regulation 392/2009 or Athens Convention 2002 applies.
16.11 The Company and the Carrier shall have full benefit of any applicable laws providing for limitation and/or exoneration of liability in connection with the provision of the Services (including without limitation, law and/or the laws of the vessel’s flag in respect of/or the global limitation on damages recoverable from the Carrier). Nothing in these Booking Terms and Conditions is intended to operate to limit or deprive the Company and the Carrier of any such statutory or otherwise limitation or exoneration or liability. The servant and/or agents of the Company and the Carrier shall have the full benefit of all such provisions relating to the limitation of liability.
16.12 Without prejudice to the provisions of clauses 20.1 to 20.9 above, if any claim is brought against the Company and Carrier in any jurisdiction where the applicable exemptions and limitations incorporated in these Booking Terms and Conditions are held to be legally unenforceable then the Company and the Carrier shall not be liable for death, injury, illness, damage, delay or other loss or detriment to any person or property arising out of any cause of whatsoever nature which has not been shown to have been caused by the Company and Carrier’s own negligence or fault.
16.13 The liability of the Company is excluded for claims arising out of loss or damage directly or indirectly occasioned by circumstances where performance and/or prompt performance of the Contract or the Services is prevented by reason of war, or threat of war, riot, civil strike, industrial dispute whether by the Company’s employees or others, terrorist activity or the threat of terrorist activity, failure of power supplies, health risks or epidemics natural or nuclear disaster, fire or adverse weather conditions or adverse sea states, Passenger’s suicide or attempted suicide or the Passenger’s deliberate exposure to unnecessary danger (except in an attempt to save human life), or the consequences of the Guest participating in an unusual and dangerous activity and any other circumstance of any nature whatsoever outside the Company’s control.
16.14 Where the Company or Explora has any legal liability for loss of or damage to property otherwise than in accordance with the Athens Convention or International Air Conventions then, to the extent permitted by law, its liability shall not at any time exceed EUR 500.00 and the Company and Explora shall not at any time be liable for money or valuables. Passengers must not pack money or other valuables in their luggage.
16.15 To the extent permitted by law, the Company’s and Explora’s liability under the Contract will not at any time exceed that of any Carrier under its Conditions of Carriage and/or applicable or incorporated international conventions (including the International Air Conventions).
16.16 Any damages payable by the Company or Explora (for any reason) under the Contract shall be reduced in proportion to any contributory negligence by the Guest (or the Agent, where applicable).
16.17 The limitations and exclusions in this clause 20 apply only to the extent permitted by the laws applicable to the Contract and the Services (including applicable Consumer Laws).
17. ITINERARY / RIGHT TO CHANGE
17.1 The Company reserves the right at its sole discretion and/or that of the master of any vessel (which will not be exercised unreasonably) to decide whether to deviate from the advertised or ordinary itinerary, to delay or anticipate any sailing, to omit or change scheduled ports of call, to arrange for substantially equivalent carriage by another vessel, to tow or be towed or assist other vessels or to perform any similar act which, in its and/or master’s sole discretion will deem advisable or necessary for the safety, of the Guest, of the vessel and crew. In such circumstances neither the Company nor the Carrier will be under any liability or obligation to the Guest.
18. GUEST’S RESPONSIBILITY
18.1 The Guest has a duty to follow the instructions and orders of the Master and Officers while onboard. The Guest hereby accepts and agrees that the master and officers are entitled and have authority to inspect any person on board, any suite, baggage and belonging for safety, security or other lawful reasons.
18.2 The Guest hereby expressly agrees to allow any such search.
18.3 Guests must have received all necessary medical inoculations prior to the Journey and have in their possession all tickets, valid passports, visas, medical cards and any other documents necessary for the scheduled ports of call and disembarkation.
18.4 Each Guest warrants that he/she is physically and mentally fit to undertake the Journey.
18.5 The Carrier and/or the master have the right of refusing the boarding or order the disembarkation of any Guest should they deem it necessary, for the safety, security, of the Guest, of the other Guests or of the ship or should the Guest’s conduct which, in the reasonable opinion of the master, is likely to endanger or impair the comfort and enjoyment of other Guests onboard.
18.6 No Guest shall bring any animals whatsoever, except for recognized service dogs, subject to clause 7 above.
18.7 the Company and/or the Carrier will be under no liability whatsoever to any Guest in respect of any breach or non-observance by any Guest of the provisions of this clause and any Guest shall indemnify the Carrier and the Company against any loss or damage occasioned to the Carrier or the Company or any of its suppliers by such breach or non-observance.
18.8 Guest’s behavior must not affect and reduce the safety, peace and enjoyment of the Journey by other Guests.
18.9 It is strictly forbidden for Guests to carry firearms, ammunition, explosives or flammable, toxic or dangerous substances, goods or articles on-board any Vessels which could be dangerous for the safety of Guests and the Vessels.
18.10 Guests shall be liable for any damage suffered by the Company and/or the Carrier and/or any supplier of any service that forms part of the Journey as a result of the Guest’s failure to comply with his contractual obligations. In particular, the Guest shall be liable for all damages caused to the vessel or its furnishings and equipment, for injury or loss to other Guests and third parties, and also for all penalties, fines and expenses attributable by the Guest that the Company, Carrier or supplier may be liable to pay.
18.11 Guests are not allowed to sell and/or purchase from other Guests or travel operators on board the ship any type of commercial services – including but not limited to shore excursions – which are not official offered by the Company or its agreed independent contractors.
19. FLIGHTS
19.1 Where air carriage is included in the Contract, the Company will advise Guests of flight timings from data supplied by the air Carrier as part of the holiday documentation. The flight schedule is for information only. The Guest’s contract of carriage by air and the rights and obligations arising under it remain with the air Carrier. It is the Guest’s responsibility to ensure arrival at the airport in sufficient time to check in and board the aircraft. Guests must note that not all medical equipment can be carried or used onboard aircraft. Guests must check with the airline prior to carriage.
19.2 If the Contract does not include flights, it is the Guest’s responsibility to obtain a valid ticket directly from an air carrier suitable for and in time for travel to the vessel (and including local transfers which the Guest must arrange), as necessary. The Company shall not be responsible for any liabilities arising in respect of flights or transfers arranged by the Guest.
20. COMPLAINTS
20.1 Any Guest with a complaint whilst on a Journey must bring it to the attention of the staff onboard as soon as possible. If the Journey staff is unable to resolve the problem, any complaint must be notified in writing to the Company within 28 days of the termination of the Journey. Failure to report the complaint within this time may adversely affect the Company’s ability to deal with it. Complaints relating to any other part of an Journey must be made promptly to the Company or the supplier.
20.2 Notices of claim for loss or damage to luggage or other property shall be given to the Carrier in writing before or at the time of disembarkation, or if not apparent, within fifteen (15) days from the date of disembarkation
20.3 Complaints under EU Regulation. 1177/2010 concerning accessibility, cancellation or delays must be made to the Company within two (2) months from the date the service was performed. The Carrier shall respond within 1 month to advise whether the complaint is substantiated, has been rejected or is still being considered. A final reply shall be provided within two (2) months. The Guest shall provide such further information as may be required by the Company to deal with the complaint. If the Guest is not satisfied with the response, then it may complain to the relevant enforcement body in the country of embarkation.
21. CONSUMER PROTECTION
21.1 Certain statutory guarantees, warranties and rights may apply to your purchase of the Services as provided by the ACL, CGA and other relevant laws.
21.2 Nothing in these Booking Terms & Conditions excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified.
21.3 If section 23 of the ACL applies to any provisions in these Booking Terms & Conditions, any such provision(s) shall be void to the extent it is unfair within the meaning of section 24 of the ACL. If any provisions in these Booking Terms & Conditions are declared by a court to be an unfair contract term under section 46I of the FTA, any such provision(s) shall be void.
21.4 To the fullest extent permitted by law, the liability of the Company for a breach of a nonexcludable warranty, condition, guarantee, right or remedy referred to in clause 24.2 is limited, at the Company’s option, to:
(a) the supplying of the Journey Package again; or
(b) the payment of the cost of having the Journey Package supplied again.
22. DATA PROTECTION
22.1 The Company requires personal information including but without limitation to name, address, gender, citizenship in order to process the Guests booking effectively. Upon Guest’s consent or when required by law, the Company may pass this information on to other entities such as travel agents, hotels, airlines or other transport providers, security and/or credit verification companies, credit and debit card companies or any governmental or public authorities.
22.2 The Company’s Data Protection Policy is set out in the Privacy Policy which is incorporated into these terms.
22.3 Personal data relating to individual Guests shall be collected, processed, stored and used securely and in accordance with the applicable data protection laws. Guests consent to the collection, processing, storing and use of their personal data to enable the Company to perform the Journey. This may include providing Guest details to Governments, immigration, port state control, police, flag state and other competent authorities and or as may be required by law. In the case of emergencies, the Guest consents to the Company and the Carrier providing personal data to shore side doctors, next of kin, the Company and Carrier’s insurers and advisors and the Guest’s medical insurers. Personal Data shall only be kept for as long as is necessary or required by law.
23. VARIATION
23.1 No variation of these terms shall be effective unless in writing and signed by the Company.
24. SMOKING POLICY
24.1 Explora respects the needs and desires of all Guests, and we have considered carefully the subject of those who smoke and those who do not. In compliance with global standards, smoking is freely permitted in dedicated areas throughout the ship and equipped with a special air extraction system.
24.2 In principle, smoking is not permitted in any food service areas (buffets and restaurants, the medical centres, child-care areas, corridors or elevator foyers, areas where Guests are assembled in groups for safety exercises, disembarkation or tour departures, public toilets, or in bars close to areas where food is served).
24.3 The Carrier prohibits to Guests to smoke in the suites because of the risk of fire. Smoking on the suite terraces is not allowed. Explora reserves the right to levy a fee should Guests be found smoking in an undesignated smoking area of the vessel. Repeatedly smoking in non- smoking areas can ultimately lead to disembarkation.
24.4 Smoking is permitted in dedicated areas of at least one bar on each ship, and on one side (indicated by signage) of the principal outer pool deck areas, where ashtrays are provided.
24.5 Throwing cigarette butts over the side of the ship is prohibited.
25. LIABILITY OF EMPLOYEES, SERVANTS AND SUBCONTRACTORS – DESTINATION EXPERIENCE
25.1 It is hereby expressly agreed that no servant or agent of the Company and/or the Carrier, including the Master and crew of the vessel concerned including independent subcontractors and their employees as well as the underwriters of these parties shall in any circumstance whatsoever be under any liability whatsoever beyond these Booking Terms & Conditions and these parties may invoke these Booking Terms & Conditions and the Conditions of Carriage to the same extent as the Company and/or the Carrier.
25.2. Destination Experiences are operated by independent contractors even if sold by Sales Agents or on board the ship. The Company operates as mere agent for the Destination Experience provider. The Company will exercise reasonable skill and care in the selection of a reputable Destination Experience provider. In assessing performance and/or liability of Destination Experience providers, local laws and regulations will apply. Destination Experiences shall be subject to the respective provider’s terms and conditions including the benefit of any limitation of liability and the level of damages. The Company’s liability shall never exceed that of the Destination Experience provider.
26. LAW AND JURISDICTION
26.1 These Booking Terms & Conditions shall be governed by the laws of the State of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.
27. ERRORS, OMISSIONS AND CHANGES
27.1 Every effort has been made to ensure accuracy of the Company’s brochure and/or of the Official Website content, but certain changes and revisions may take place after the printing of the Company’s brochure and/or the publishing of the Official Website.
Since the Booking Terms & Conditions applicable to the Journey are those in force at the time of completing the Booking, irrespective of those published in the relevant Company’s brochure, it is recommended to check with the Sales Agent or by visiting the Company’s Official website for the most up to date Booking Terms & Conditions.
