Supplier Terms and Condtions
See https://kingtraveldesign.com/terms-conditions/ for King Travel Design Terms and Conditions
Deadlines & Payments
Cabin Deposit & Names $400 per person w/in 7 days of stateroom reservation
Names & Final Payment Final Balance 04/05/2023
Important Information
Documents will be issued approximately 3 – 4 weeks prior to departure.
Transfers: Airport transfers are not included in our packages but may be purchased, for an additional
charge, for guests with air schedules that coincide with the cruise-land departure and arrival dates.
Guests that purchase AmaWaterways airfare plus land package will receive transfers provided there are
no deviations from the published cruise-land schedule. Transfers for deviated air schedules may be
available for an additional charge.
BEFORE YOU LEAVE
Required Travel Documents: It is the guest’s responsibility to obtain and possess all valid travel
documents for their vacation. This includes acquiring all visas and immunizations required for their
nationality by all countries on the itinerary.
Passports: All guests travelling with AmaWaterways are required to carry a valid passport . Passports
must be valid for at least six (6) months for travel to Europe, Asia and Africa, including Egypt, after the
scheduled return date to your home country.
Special Requests: Please advise us, at the time of reservation, of any special dietary or services requests
you may have so that every effort can be made to accommodate you as best as possible .
Travel Documents: Only after receipt of full payment, Digital Travel Documents (including airline
confirmation information, if applicable) will be sent via email, approximately 3-4 weeks prior to
departure. (Delay in final payment will delay delivery of Digital Travel Documents .) Requests for
expedited Digital Travel Documents may be possible for an additional charge .
IMPORTANT NOTICE: THESE ARE THE TERMS AND CONDITIONS GOVERNING THE BOOKING AND SALE
OF YOUR CRUISE AND RELATED TRAVEL FROM AMAWATERWAYS, LLC AS SALES
AND MARKETING AGENT FOR THE CARRIERS (“TERMS”). A SEPARATE PASSENGER TICKET CONTRACT
BETWEEN THE PASSENGER AND THE CARRIER GOVERNS THE CRUISE AND TRAVEL
ITSELF. THE PASSENGER TICKET CONTRACT IS AVAILABLE AT www.AmaWaterways.com. PLEASE
CAREFULLY READ THESE TERMS AND THE PASSENGER TICKET CONTRACT WHICH ARE
BINDING TO 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; TIME LIMITS FOR CLAIMS AND SUITS, SWISS CHOICE OF LAW
AND SWISS FORUM SELECTION REQUIREMENTS, AND CLASS ACTION WAIVER.
Parties: In these terms and conditions, “you” or “passenger” or “participant” refers to the person
booking, purchasing or traveling on the cruise, and to individuals traveling as part of that person ’s
reservation. “We” or “us” refers to AmaWaterways, LLC, a California Limited Liability Company ( “AWL”),
which acts solely as a sales and marketing agent for the ship ’s owner, operator and/or
charterer (“Carrier”) and providers of other forms of transportation, lodging, tours or travel services (
“Suppliers”). AMA offers the travel and enters into these terms and conditions with you pursuant to
arrangements made with AWL. The term “Carrier” means the owner, operator and/or charterer of the
vessel as set forth under “Carrier Information” below.
LIABILITY DISCLAIMER: We arrange with others for the services described in these Terms , your
confirmation and/or our brochures. 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 CARRIERS AND SUPPLIERS AND DO
NOT OWN OR OPERATE ANY SHIP OR OTHER MODE OF TRANSPORTATION, HOTEL OR
ACCOMMODATION. ACCORDINGLY, WE DISCLAIM RESPONSIBILITY AND LIABILITY FOR, AND
PARTICIPANT WAIVES, RELEASES AND ACKNOWLEDGES 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 participant obligations and
liabilities are subject in each case to terms and conditions of the Passenger Ticket Contract and each
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. PARTICIPANT AGREES 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 participant ’s responsibility. UNDER
NO CIRCUMSTANCES SHALL WE BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING FROM OR RELATING TO THESE TERMS, THE PASSENGER TICKET
CONTRACT, THE CRUISE OR ANY RELATED TRAVEL OR ACTIVITIES, AND OUR LIABILITY, IF ANY, SHALL IN
NO EVENT EXCEED THE AMOUNT PAID TO US FOR THE TRAVEL.
PASSENGER TICKET CONTRACT: ALL SHIP TRANSPORT IS PROVIDED ACCORDING TO THE TERMS AND
CONDITIONS OF THE PASSENGER TICKET CONTRACT, WHICH IS SENT AT THE
TIME OF BOOKING, IS INCLUDED IN THE DIGITAL TRAVEL DOCUMENTS SENT PRIOR TO THE CRUISE AND
IS AVAILABLE FOR REVIEW AT WWW.AMAWATERWAYS.COM. THE PASSENGER
TICKET CONTRACT ESTABLISHES LIMITS OF LIABILITY, LIMITS ON CLAIMS, AND TIME LIMITS FOR MAKING
CLAIMS, AS WELL AS OTHER RESTRICTIONS, LIMITS AND DISCLAIMERS OF
CARRIER’S LIABILITY FOR YOUR DEATH, ILLNESS, INJURY, OR DAMAGE CLAIMS RELATING TO BAGGAGE
OR PERSONAL PROPERTY. IT IS GOVERNED BY SWISS LAW AND
INCORPORATES PROVISIONS AND LIMITATIONS UNDER THE ATHENS CONVENTION RELATING TO THE
CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974, AND THE
PROTOCOL TO THE CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY
SEA, 1976, THE INTERNATIONAL CONVENTION ON LIMITATION OF LIABILITY
FOR MARITIME CLAIMS, 1976, AND THE STRASBOURG CONVENTION ON THE LIMITATION OF LIABILITY
OF OWNERS OF INLAND NAVIGATION VESSELS, 1988. VENUE FOR LITIGATION OF
ANY DISPUTES UNDER THE PASSENGER TICKET CONTRACT IS EXCLUSIVELY IN THE COURTS OF BASEL,
SWITZERLAND.
CLASS ACTION WAIVER: THESE TERMS AND THE PASSENGER TICKET CONTRACT PROVIDE FOR THE
EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON
YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE
APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY LAWSUIT
AGAINST US OR THE CARRIER WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A
MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE
ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS
ACTION.
Carrier Information: For vessels flying the Swiss flag, the Carrier is AmaWaterways GmbH, an entity
organized under the laws of Switzerland. For vessels in Portugal, the Carrier is DouroAzul,
Sociedade Maritimo Turistica S.A, an entity organized under the laws of Portugal. For the vessel in Egypt,
the Carrier is a partnership between AmaWaterways and Wings Tours & Nile Cruises, an entity
organized under the laws of Egypt. For the vessel in Vietnam, the Carrier is Indochina Waterways, an
entity organized under the laws of Vietnam. For the vessel in Namibia, the Carrier is Zambezi
Queen Holidays PTY) Ltd, an entity organized under the laws of Namibia. For a complete and up-to-date
listing of the registry and Carrier for each vessel, visit
www.AmaWaterways.com/CarrierInformation.
Deposit and Final Payment: To confirm a river cruise or river cruise and land reservation , we require a
deposit of $400 per person for Europe and Asia, $1,200 per person for Egypt and $2,400 per
person for Africa itineraries on or before the deposit due date indicated on the confirmation .
Transoceanic airline flights reserved through AmaWaterways require an additional deposit of $350 per
person
for economy class or $600 per person for business/first-class flights. Upon receipt of deposit, air
schedule will be provided (subject to changes by carrier); deposited air will be ticketed within 75 – 90
days prior to travel start date once paid in full. Full payment is required for airline tickets to be issued
prior to 90 days before the travel start date, at which time deposits will be nonrefundable. Any air
schedules and ticketing relating to AmaWaterways air promotions will be provided 75 – 90 days before
the travel start date once full payment is received for the river cruise and promotional air price (if
any). Included flights on Egypt pre and post extensions (Jordan and Israel) require an additional nonrefundable deposit of $200 per person, per extension. Bangkok land package requires a
nonrefundable deposit of $200 per person. The Rwanda extension requires an additional nonrefundable deposit of $1,500 per person for the Mountain Gorilla permit and $100 per person for the
Golden
Monkey permit. Hotel Extra Nights require a non-refundable deposit of $50 per cabin at the time of
confirmation of the hotel availability. The Concierge Golf Program requires an additional
non-refundable deposit of $700 per person. Other custom arrangements may also require nonrefundable deposits and will be advised at the time of booking. Final payment is due no later than 90
days
before the travel start date.
Cancellation Charges: In the unfortunate event a participant must cancel travel, notice must be made to
AmaWaterways during standard business hours or via email to Res@amawaterways.com,
which must include writing stating clearly and correctly each guest ’s name, ship name, start and end
date of the cruise and a brief statement of the reason for cancellation. Other forms of notice are not
sufficient. Cancellations received within 24 hours of vacation start date will be deemed as trip
interruption, cannot be cancelled and are 100% non-refundable. The effective date of the cancellation is
the date AmaWaterways receives cancellation notice . A change in sailing date, name changes, the
substitution of a participant or a reduction in the number of guests in a stateroom are treated as a
cancellation in that all applicable cancellation charges apply. A reduction in occupancy is subject to a
single supplement charge . Cancellation charges for bookings within charter and partcharter
agreements are as per the charter contract. All other cancellation charges are per-person, based on the
cancellation date, as seen in the chart below.
You acknowledge that your cancellation will cause us and the Carrier difficulty in selling a replacement
cruise or cruise & land reservation and thus the cancellation fees described below apply regardless
of whether your cruise or cruise & land reservation is resold. You agree that any losses sustained by us
and /or the Carrier in the event of cancellation would be very difficult or impossible to quantify ,
and the cancellation fees are fair and reasonable as liquidated damages.
*Airline cancellation charges imposed upon receipt of full payment of either airfare and/ or river cruise
relating to AmaWaterways air promotions , and if airline tickets have been issued. Certain
international airline tickets, including published air tickets, may be 100% non-refundable and details will
be advised at the time of booking. All intra-Europe, intra-Asia, intra-Africa and intra-Egypt flights,
as well as Amman-Cairo and Cairo-Tel Aviv flights are non-refundable at the time of purchase.
Except as otherwise provided in your Passenger Ticket Contract , after travel begins, there is no refund
for unused services, or unused portions of cruise, cruise/tour or airfare.
Pricing: All prices are in US dollars. In the event that a cruise fare listed, quoted or advertised through
any website, printed collateral, reservations person, travel advisor or any other source is booked,
but 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 by AmaWaterways ,
AmaWaterways reserves the right to correct the erroneous fare by requesting the passenger to pay the
correct fare intended , or by canceling the cruise. Airfares, air taxes and air surcharges quoted on
your invoice or by a reservation agent are only guaranteed once airfare deposit or full payment is
received by AmaWaterways . AmaWaterways reserves the right to increase prices without notice .
Prices Do Not Include: Published prices do not include airfare, vessel fuel surcharges, passport and visa
fees, baggage fees, port charges and fees, travel protection, vaccinations, laundry,
additional food and beverages, optional excursions, gratuities or other items or services of a personal
nature.
Passport and Visas: A valid passport is required for each participant . For travel to Europe, at time of
publication US Passport holders do not require a visa to travel. Passports must be valid for at
least six (6) months after the scheduled return date to your home country, unless stated otherwise.
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.
Travel Documents: Only after receipt of full payment, final Digital Travel Documents (including airline
confirmation information, if applicable) will be sent via email, approximately 3-4 weeks prior to
departure. (Delay in final payment will delay delivery of Digital Travel Documents .) Requests for
expedited Digital Travel Documents may be possible for an additional charge .
FLIGHTS & AIRPORT TRANSFERS
Flight Schedules & Airfares: AmaWaterways offers special airfares based on the flight and seat
availability of contracted carriers . We are able to accept a traveler’s choice of preferred air carrier,
flight schedule, and some deviations so long as the requests are made at the time of booking the airline
reservation. To hold/confirm an airline reservation, the airlines require your full legal name as it
appears on your passport. For contract airline fares a deposit of $350 per person for economy class or
$600 per person for business/first-class tickets is required to secure the flight schedule and
quoted price at time of reservation. Any quoted price is not guaranteed if changes are requested by the
guest, such as name or date changes, or if an airline-imposed schedule change is not accepted
prior to ticketing. Full payment must be paid in order for your airline tickets to be issued within 75 – 90
days before the travel start date. Once the airfare full payment is received your airline tickets will
be issued and any changes will be subject to penalty if not cancelled within 24 hours of ticketing. Should
the name on your airline reservation not match your passport exactly, your airline reservation
will have to be cancelled, full penalties will be assessed, and your reservation will have to be recreated
subject to market pricing at the time of the new reservation. Any air schedules provided by
AmaWaterways are subject to change without notice as imposed by the carrier due to reasons beyond
our control .
Air tickets are Economy class. Upgrading to Premium Economy, Business or First Class is possible for an
additional charge pursuant to the terms and conditions of the relevant airline(s).
AmaWaterways guarantees upgrades for long-haul flights, but not U.S. Domestic flights, intra-Europe,
intra-Asia, intra-Egypt and intra-Africa flights. Upgrades may not be possible when an air carrier
changes the schedule, aircraft type, experiences a strike, overbooking or flight interruption of any kind.
Air carriers reserve the right to do all the above. In such cases, all claims for airfare adjustment
must be requested directly to the air carrier.
Air carriers require the passenger name to appear on the airline ticket exactly it appears on the
passport. If it does not match exactly, AmaWaterways shall not be responsible or liable for the
consequences which could include re-issue fees or denial of boarding. AmaWaterways shall not be
responsible or liable for costs resulting from airline schedule changes , lost air ticket, delay, disruption
or cancelled flight, lost or damaged baggage, missed connections, downgrades, denied boarding or
voluntarily buying replacement tickets without the express consent of the air carrier. In any of these
instances, claim must be made directly with the air carrier.
Changes: Airline tickets issued by AmaWaterways have restrictions and cannot be reissued , transferred,
or exchanged. Any changes whatsoever made to an airline ticket will incur a minimum $350 per
ticket change fee for Economy ($600 for Business), plus any additional increase in the cost of the airfare.
A change or refund request for tickets purchased through AmaWaterways must be made
through AmaWaterways but may not be possible. Once a trip commences, only the date of the return
flight ticket can be modified for $350 per ticket change fee for Economy ($600 per ticket for
Business). Other changes may require purchase of a new ticket. The original return air ticket has no
residual value.
Limitation on Special Requests & Frequent Flyer Numbers: AmaWaterways will try to relay requests for
special meals , adding frequent flyer numbers or for seat assignments, etc. However,
confirmation of any request rests solely with the airline and the passenger or travel advisor must always
confirm directly with the airline. It is recommended that each passenger provide their frequent
flyer number to the airline at the time of check-in. Please note that airline tickets issued by
AmaWaterways have restrictions that may not allow credit in part or whole for frequent flyer miles .
Checking
with the air carrier is the responsibility of the passenger.
Baggage: Checked and carry-on baggage are subject to restrictions that usually involve weight, size
and/or number of pieces. Please check with the respective airline regarding baggage policies. There
are strict luggage restrictions for our programs in Africa ; please ask for details. We shall not be
responsible or liable for costs or consequences for exceeding the airline ’s baggage restrictions, or for
loss, theft, damage or delay to passenger’s baggage.
Airport Transfers: Guests purchasing transoceanic airfare through AmaWaterways may qualify for
complimentary group airport transfers for a scheduled arrival between the airport and the ship or
hotel, and on a scheduled departure between the hotel or the ship and airport. Airport transfers in
Africa and Egypt to/from the hotel are included on the first and last days (when applicable) of your trip,
unless deviating from advertised program. If airport transfers are not reflected on your confirmation,
AmaWaterways will not be responsible for providing airport transfer service . Please note: our group
airport transfer service may involve some waiting time. All guests making their own airfare
arrangements are responsible for arranging their transportation to/from the airport ( except Africa and
Egypt).
Individual airport transfers can be purchased for those guests who are scheduled to arrive/depart on our
itinerary dates, please ask for details.
Changes in Cruise and Cruise & Land Itineraries: Carrier seeks to provide services as published or stated
in the Digital Travel 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. Except as otherwise provided in your Passenger Ticket Contract , such changes will not
entitle you to any credit or a refund. Cruise, cruise & land routes, and all other aspects of the cruise and
travel are subject to change with or without notice.
Hotel Accommodations: We will seek to use hotels listed (if any) on your confirmation. Changes may be
necessary; therefore, use of such hotels is not assured. An effort will be made to substitute
similar hotels, but the level of similarity may vary. Standard policy for hotels is to have rooms available
for check-in no earlier than 3:00 p.m. Subject to the discretion of the hotel, triple-occupancy
hotel accommodations may involve the use of hotel rooms with just two beds. Only those guests who
have elected to take our Cruise & Land program on the brochure itinerary dates will receive
transfers between the hotel(s) and the ship.
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 monies paid for the cruise or cruise & land package to those participants who have not
previously cancelled. See Passenger Ticket Contract for further details .
Personal Changes: Except as otherwise provided in the Passenger Ticket Contract , participant’s
deviation from the published itinerary for any reason will not entitle participant to any reduction in
charge. Participant will bear a full charge for any unused services.
Child Policy: All guests under the age of 18 are to be in a cabin with an adult, and must remain
supervised at all times, and their safety is the responsibility of the accompanying adult(s). Children
between the ages of 4 – 10 at the time of embarkation may share a cabin with 2 adults provided the
child is able to share the bed with the adults – no additional bed will be provided. Please be aware that
balcony cabins of any kind may be unsafe for small children if left unsupervised. Children 4-7 years old
are not recommended on any program and on our Africa program , due to safety precautions,
there is a minimum age limit of 12 years old, unless otherwise agreed upon by AmaWaterways .
AmaWaterways does not provide child-specific programs or child-minding facilities.
Disabled Participants: Handicapped facilities are not available on board or in many places visited on the
cruises and cruise tours we offer . If you (participant) have a disability and reasonable
accommodation may enable you to use the services, please let us know how you believe we can help.
Participant are requested to 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 independent 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 by reasonable accommodations, policies, practices, procedures assistive devices or services. If
participant fails to timely inform us of any impairment or condition and/or their participation poses
a safety risk to participant or direct health or safety threat to others, participant may be excluded from
parts or all of the travel. We shall have no liability to participant relating to any condition ,
treatment, failure to inform us of an impairment, or resulting exclusion.
Due to medical safety guidelines, we are unable to accommodate passengers who will enter their 24th
week of pregnancy by the time of the cruise.
Medical: Medical doctors are not available on any vessel. If medical services are required, efforts to
contact local medical providers will be made . A participant requiring such assistance is 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.
Participant is encouraged at time of booking and well before departure, to review participant ’s health
and medical conditions and insurance and consult participant ’s health care and insurance providers
regarding needs and scope of coverage for any incident or need that may occur during travel, and to
obtain supplemental health and medical insurance for the travel, as needed.
Inoculations and Medical Preparation: All passengers traveling on certain Africa itineraries will require
Yellow Fever vaccination . AmaWaterways strongly recommends that all passengers take
malaria pills for travel to Africa. Please contact your personal physician or local health department prior
to travel for further detailed information and recommended precautionary measures.
Smoking: Smoking is only permitted on the ship’s Sun Deck in the designated smoking area.
Diet: Special dietary requests must be provided to us at time of reservation. An effort will be made to
meet the request, but we cannot assure the request can be accommodated.
California Seller of Travel Law: We are registered with the California Attorney General , California Seller
of Travel Program as AmaWaterways LLC, registration number CST 2065452-20. Registration
as a seller of travel does not constitute approval by the State of California. This transaction is covered by
the California Travel Consumer Restitution Fund (TCRF) if we were registered and
participating in TCRF at the time of sale and you are located in California at the time of payment .
By confirming the reservation with payment, the guest/ travel advisor acknowledges that they are aware
of and will comply with these Terms. For the most current version of the General
Information and Terms, which will supersede the Terms and Conditions published in any of our
brochures in the event of a conflict and any prior oral, implied, written or other
representation or agreement between you and us, please visit www.AmaWaterways.com.
PASSENGER TICKET CONTRACT
IMPORTANT NOTICE: THIS PASSENGER TICKET CONTRACT IS A LEGALLY BINDING CONTRACT BETWEEN
YOU AS PASSENGER AND THE CARRIER AND GOVERNS YOUR CRUISE AND ANY
RELATED TRAVEL. PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
AS THIS CONTRACT LIMITS YOUR LEGAL RIGHTS AND REMEDIES AND PROVIDES PROTECTIONS TO EACH
OF THE ENTITIES IDENTIFIED AS “CARRIER” AND THEIR AFFILIATED ENTITIES
AND PERSONNEL. THIS CONTRACT CONTAINS SIGNIFICANT FEES FOR CANCELLATION, AND IN SECTIONS
7-10 LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS ON DAMAGES FOR
BAGGAGE AND OTHER PROPERTY, PERSONAL INJURY, ILLNESS OR DEATH; TIME LIMITS FOR CLAIMS AND
SUITS, SWISS CHOICE OF LAW AND SWISS FORUM SELECTION CLAUSE FOR
SUITS, AND CLASS ACTION WAIVER. BY BOOKING THE TRAVEL, REGARDLESS IF PAYMENT HAS BEEN
MADE IN PART OR IN FULL, AND WHETHER OR NOT YOU HAVE BOARDED THE
VESSEL, YOU EXPLICITLY AGREE TO ACCEPT AND BE BOUND BY ALL THE TERMS OF THIS CONTRACT EVEN
THOUGH IT DOES NOT REQUIRE YOU OR THE CARRIER TO SIGN IT.
IF YOU DISAGREE WITH OR ARE UNWILLING TO BE BOUND BY ANY OF THE TERMS OF THIS CONTRACT,
PLEASE DO NOT PARTICIPATE IN THE CRUISE OR RELATED TRAVEL BEING
OFFERED.
TO REDUCE OR MANAGE YOUR RISKS OF FINANCIAL LOSS AND OTHER LOSS ARISING FROM INJURY,
DEATH, LOSS OF OR INJURY TO PROPERTY, CANCELLATION OR DELAY OF TRAVEL
AND OTHER RISKS, CARRIER RECOMMENDS THAT YOU OBTAIN YOUR OWN VACATION PROTECTION
INSURANCE, TRAVEL INSURANCE, ACCIDENT, LIFE AND OTHER FORMS OF
INSURANCE.
- DEFINITIONS:
“Baggage” means all Passenger baggage allowed on the Vessel pursuant to this Contract , which is
placed in Passenger’s cabin, or stored in the Vessel’s baggage room, holds or safe against receipt
therefore at Passenger’s request.
“Captain” means the individual serving as Captain of, or Master of the Vessel, and anyone acting under
such individual ’s authority.
“Carrier” means the entity that owns, operates and/or charters the Vessel on which your cruise takes
place , as indicated in this section. The term “Carrier” also includes all of these entities’
shareholders, members, owners, directors, officers and employees, all Vessels operated by each Carrier,
and each Vessel’s owners, managers, operators, charterers, agents, crew, pilots, and
employees. For purposes of the defenses, limitations of liability and the rights of the Carrier as stated in
this Passenger Ticket Contract only , the term “Carrier” also includes, AmaWaterways, LLC, a
California limited liability company, as well as each parent and/or wholly or partially owned subsidiary of
these companies, and their shareholders, members, owners, directors, officers, sales
representatives and employees; and the concessionaires, independent contractors, shipbuilders and
manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided
at sea or on shore, belonging or provided to any Vessel, or which are owned or operated by the Carrier.
The Carriers operate cruises worldwide, except in the United States, and none of the Carriers are
based in the United States. AmaWaterways, LLC acts solely as a sales and marketing agent for the
Carriers, does not own or operate any Vessel or other travel facility or accommodation , and
assumes no liability for acts or omissions of any Carrier or other third-party provider. For vessels flying
the Swiss flag, the Carrier is AmaWaterways GmbH, an entity organized under the laws of
Switzerland. For vessels in Portugal, the Carrier is DouroAzul, Sociedade Maritimo Turistica S.A, an entity
organized under the laws of Portugal. For the vessel in Egypt, the Carrier is a partnership
between AmaWaterways and Wings Tours & Nile Cruises, an entity organized under the laws of Egypt.
For the vessel in Vietnam, the Carrier is Indochina Waterways, an entity organized under the laws
of Vietnam. For the vessel in Namibia, the Carrier is Zambezi Queen Holidays PTY) Ltd, an entity
organized under the laws of Namibia. For a complete and up-to-date listing of the registry and Carrier
for each vessel, visit www.AmaWaterways.com/CarrierInformation.
“You,” “Your,” “Guest” and “Passenger” means every person named on the face of, or traveling under,
or occupying a cabin designated on this Contract, and persons in their care, including any
minors, and also includes their heirs, successors-in-interest, assigns and personal representatives.
“Contract” means this Passenger Ticket Contract.
“Vessel” means any ship owned, chartered, operated or provided by Carrier, whether owned, chartered,
operated or provided by Carrier or by third parties; on which Passenger travels, or any
substituted ship, and its tenders or any other similar means of conveyance belonging to the Vessel . - NON-TRANSFERABILITY: This Contract grants passage for only the Passenger(s) named on the Digital
Travel Documents, and only for the date and Vessel indicated. It may not be sold or
transferred by Passenger. Any attempted sale or transfer by Passenger is void and of no effect . This
Contract binds, and confers benefits on, and imposes limits, restrictions and exclusions on and/or
affects Passenger, Passenger’s spouse, heirs, executors, administrators, assigns, personal
representatives, dependents and next-of-kin. Any Passenger purchasing or booking travel, or using this
Contract, represents and warrants that s/he is duly authorized by and on behalf of all Passengers
(including minor children) named on the Digital Travel Documents and accompanying Passenger to
agree to and to bind all such Passengers to the terms and conditions of this Contract. - EMBARKATION: Passenger promises to be on board the Vessel at least one hour before : (a) the
scheduled departure time; and (b) each departure time announced during the cruise. At embarkation,
each Passenger must have already received all medical inoculations necessary for the voyage and must
have in his/her possession this Contract, a valid passport, visas, medical card and other
documents necessary for scheduled ports-of-call and disembarkations. It is the Passenger ’s sole
responsibility to obtain and have available the appropriate and valid travel documents. Carrier advises
Passengers to check with their travel advisor or the appropriate governmental authority to determine
the necessary documents required for travel. Carrier may refuse boarding or disembark passengers
without liability for refund, payment, compensation, or credit of any kind if Passenger does not have
proper documentation or fails to timely board the Vessel prior to departure . - BAGGAGE LIMIT AND LABELING: Each Passenger may bring aboard the Vessel, without additional
charge, up to one (1) suitcase. Additional Baggage will be subject to excess baggage charges.
Passenger shall assure that all Baggage is securely packed and distinctly labeled with Passenger ’s full
name, Vessel name and sailing date, and Passenger’s cabin number. - NO PETS OR DANGEROUS OR ILLEGAL ITEMS OR ITEMS OR ACTIONS THAT MIGHT CAUSE DAMAGE TO
THE VESSEL. Passenger shall not bring any animal (other than a qualified service
animal of a disabled Passenger), dangerous article such as a firearm, explosive, flammable or
combustible material or non-medical oxygen, alcohol, illegal drug, other controlled or illegal substance,
or
any other items prohibited by applicable law to, or aboard, the Vessel. If Passenger has any such item at
time of embarkation, then before entry on the Vessel, Passenger shall surrender it to the
Captain, and consents to the Captain disposing or destroying or giving it to authorities. Additionally,
Passenger must not cause damage to the vessel or its contents, whether intentionally or
unintentionally. You agree to accept responsibility, reimburse and/or indemnify Carrier for any loss,
damage or expense whatsoever related to the presence of any service animal or any dangerous or
illegal items brought on the cruise or related to any action that may cause damage to the Vessel or its
contents . You further agree to determine and meet any documentary or other requirements related
to bringing the service animal onboard the Vessel and agree that you may be removed from the cruise
without compensation of any kind if any action is perceived by the Captain as being detrimental
to the Vessel, its contents or to the comfort, safety, enjoyment or wellbeing of other guests. - VALUABLES: Hand or unlocked luggage, breakables, jewelry, money, precious stones, securities,
financial instruments, tickets and any other valuables and personal items which include but are not
limited to dental hardware, eyewear, hearing aids, medications and medical equipment, electronics,
computers, cameras, and cellular telephones must be hand- carried by Passenger on and off the
Vessel, and must not be included with check-in Baggage. Carrier shall not be responsible for loss of or
damage to any such item under any circumstances. - LIABILITY LIMITATIONS FOR LOSS OF AND/OR DAMAGE TO PROPERTY:
(a) THE TOTAL VALUE OF BAGGAGE, VALUABLES AND OTHER PERSONAL BELONGINGS OF A PASSENGER
WHO DOES NOT DEPOSIT THEM FOR SAFEKEEPING AS DESCRIBED IN THIS
CONTRACT, SHALL BE DEEMED NOT TO EXCEED U.S. $200. SUBJECT TO SUBESCTION (C) BELOW,
CARRIER’S LIABILITY TO A PASSENGER, IF ANY, FOR LOSS OF OR DAMAGE TO SUCH
BELONGINGS IS LIMITED TO A MAXIMUM OF U.S. $200.
(b) Carrier can provide safekeeping for valuables aboard the Vessel and encourages Passenger to deposit
Passenger ’s jewelry and other valuables brought aboard the Vessel with the designated
officer. That officer will issue Passenger a receipt for the valuables . Carrier shall not be liable for loss of
or damage to jewelry, money, precious stones, securities, financial instruments, tickets or other
valuables unless delivered to the designated officer and a receipt issued . The value of articles delivered
to such officer for safekeeping shall be deemed in all cases not to exceed U .S. $200, unless
Carrier agrees expressly in writing to a higher value for the article at the time of delivery to the
designated officer .
(c) EXCEPT AS SPECIFICALLY STATED ELSEWHERE IN THIS CONTRACT, CARRIER SHALL HAVE NO LIABILITY
FOR LOSS OF OR DAMAGE TO BAGGAGE OR PERSONAL EFFECTS.
PERSONAL BELONGINGS LOST IN ANY PUBLIC AREA, OR ELSEWHERE, WHETHER ON BOARD THE VESSEL
OR ELSEWHERE, ARE NOT REIMBURSABLE. LOSS DUE TO ORDINARY WEAR
AND TEAR, PERIL OF THE SEA OR OTHER WATERWAY, OR ACT-OF-GOD IS NOT REIMBURSABLE.
SETTLEMENT OF A REIMBURSABLE CLAIM FOR LOST BELONGINGS WILL BE AT THE
LESSER OF ACTUAL CASH VALUE (REPLACEMENT COST LESS DEPRECIATION) OR COST. SETTLEMENT OF A
REIMBURSABLE CLAIM FOR A DAMAGED ITEM WILL BE AT THE LESSER OF
COST OF REPAIR OR ACTUAL CASH VALUE, OR REPLACEMENT COST. NO AMOUNT SHALL BE PAID IN
SETTLEMENT OF A CLAIM WITHOUT PROOF OF THE ACTUAL CASH VALUE OR
REPAIR COST, AS APPROPRIATE, ARISING FROM THE LOSS OR DAMAGE. THE PROOF MUST BE SENT TO
AND RECEIVED BY CARRIER. - LIMITS OF CARRIER’S LIABILITY FOR ILLNESS, INJURY OR DEATH; ACTS BEYOND CARRIER’S CONTROL;
INDEPENDENT CONTRACTORS; TIME LIMITS FOR CLAIMS AND SUITS:
(a) LIMITATIONS OF LIABILITY FOR ILLNESS, INJURY OR DEATH UNDER APPLICABLE CONVENTIONS:
(i) FOR CRUISES ON THE RHINE AND ITS ADJACENT RIVERS, CARRIER SHALL BE ENTITLED TO ANY AND
ALL LIABILITY LIMITATIONS, IMMUNITIES AND RIGHTS
APPLICABLE TO IT FOR DEATH, ILLNESS AND/OR PERSONAL INJURY AS PROVIDED UNDER THE
STRASBOURG CONVENTION ON THE LIMITATIONS OF LIABILITY OF OWNERS
OF INLAND NAVIGATION VESSELS, (1988) (“CLNI”) AS ADOPTED BY SWITZERLAND. THE CLNI LIMITS
CARRIER’S LIABILITY TO 60,000 UNITS OF ACCOUNT OR SPECIAL
DRAWING RIGHTS, “SDR’S” AS DEFINED BY THE INTERNATIONAL MONETARY FUND (APPROXIMATELY
$83,000 U.S. DOLLARS, WHICH FLUCTUATES DEPENDING ON A DAILY
EXCHANGE RATE AS MAY BE FOUND AT WWW.IMF.ORG) MULTIPLIED BY THE NUMBER OF PASSENGERS
THE SHIP ACCORDING TO ITS CERTIFICATE IS ALLOWED TO CARRY,
NOT TO EXCEED IN ANY EVENT MORE THAN 12 MILLION UNITS OF ACCOUNT TO APPLY TO THE
AGGREGATE OF ALL CLAIMS ARISING AGAINST CARRIER OUT OF AN
OCCURRENCE.
(ii) FOR ALL OTHER CRUISES, CARRIER SHALL BE ENTITLED TO ANY AND ALL LIABILITY LIMITATIONS,
IMMUNITIES AND RIGHTS APPLICABLE TO IT FOR DEATH, ILLNESS
AND/OR PERSONAL INJURY AS PROVIDED UNDER THE ATHENS CONVENTION RELATING TO THE
CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1974, AS
WELL AS THE PROTOCOL TO THE CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR
LUGGAGE BY SEA OF 1976 (“ATHENS CONVENTION”), AS ADOPTED
BY SWITZERLAND. THE ATHENS CONVENTION LIMITS CARRIER’S LIABILITY TO A PASSENGER TO NO
MORE THAN 46,666 SDR’S (APPROXIMATELY $65,000 U.S. DOLLARS,
WHICH FLUCTUATES DEPENDING ON A DAILY EXCHANGE RATE AS MAY BE FOUND AT WWW.IMF.ORG).
(iii) IN ADDITION TO ALL THE RESTRICTIONS AND EXEMPTIONS FROM LIABILITY PROVIDED IN THE CLNI
AND THE ATHENS CONVENTION, CARRIER SHALL, AS A CHOICE
OF LAW, HAVE THE BENEFIT OF ANY LIMITATION OF OR EXONERATION FROM LIABILITY UNDER THE
CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976;
NAMELY 60,000 SDRS (APPROXIMATELY U.S. $83,000) MULTIPLIED BY THE NUMBER OF PASSENGERS
THE SHIP, ACCORDING TO ITS CERTIFICATE, IS ALLOWED TO
ACCOMMODATE; NOT TO EXCEED IN ANY EVENT MORE THAN TWENTY-FIVE (25) MILLION SDRS TO
APPLY TO THE AGGREGATE OF ALL CLAIMS WHICH ARISE ON ANY
DISTINCT OCCASION AGAINST CARRIER, WITH RESPECT TO DAMAGES SUFFERED ON AN INLAND
NAVIGATION SHIP, NOT TO BE LESS THAN 720,000 SDRS OR MORE THAN
(A) 3 MILLION SDRS FOR SHIPS WITH AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF NOT MORE
THAN 100; (B) 6 MILLION SDRS FOR SHIPS WITH AN AUTHORIZED
PASSENGER TRANSPORT CAPACITY OF NOT MORE THAN 180; AND (C) 12 MILLION SDRS FOR SHIPS WITH
AN AUTHORIZED PASSENGER TRANSPORT CAPACITY OF MORE
THAN 180.
(iv) Nothing in this Contract is intended to nor shall it operate to limit or deprive Carrier of any such
rights to limitation of or exoneration from liability as set forth in the
above-referenced Conventions. The provisions of the Conventions may be viewed at:
www.amawaterways.com/conventions.
(b) NOTICE OF CLAIMS AND TIME LIMITS TO FILE SUIT; FORFEITURE OF CLAIMS: PASSENGER MAY NOT
MAINTAIN A LAWSUIT AGAINST CARRIER OR THE VESSEL, NOR WILL CARRIER
OR THE VESSEL BE LIABLE, FOR DEATH, INJURY OR ILLNESS OF THE PASSENGER, AND ANY SUCH CLAIM
SHALL BE FORFEITED, UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL
PARTICULARS IS DELIVERED TO CARRIER NOT LATER THAN SIX (6) MONTHS AFTER THE DATE THE DEATH,
INJURY OR ILLNESS OCCURRED, AND A LAWSUIT ON SUCH CLAIM IS
COMMENCED IN THE FORUM DESIGNATED IN SECTION 9 BELOW NOT LATER THAN ONE (1) YEAR AFTER
THE DATE OF SUCH DEATH, INJURY OR ILLNESS. FOR ALL OTHER CLAIMS,
INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOSS OR DAMAGE TO BAGGAGE, BREACH OF CONTRACT,
VIOLATIONS OF CIVIL RIGHTS, DISCRIMINATION, CONSUMER OR PRIVACY
LAWS, OR OTHER STATUTORY, CONSTITUTIONAL OR LEGAL RIGHTS, OR OTHER CLAIM WHATSOEVER,
PASSENGER MAY NOT MAINTAIN A LAWSUIT AGAINST CARRIER OR THE VESSEL,
AND ANY SUCH CLAIM SHALL BE FORFEITED, UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL
PARTICULARS IS DELIVERED TO CARRIER NOT LATER THAN THIRTY (30) DAYS
AFTER THE DATE OF DISEMBARKATION, AND A LAWSUIT ON SUCH CLAIM IS COMMENCED IN THE
FORUM DESIGNATED IN SECTION 9 BELOW NOT LATER THAN SIX (6) MONTHS AFTER
THE DATE OF DISEMBARKATION. IN THE CASE OF A CLAIM BY OR ON BEHALF OF A MINOR OR LEGALLY
INCOMPETENT PERSON, THE TIME PERIODS SET FORTH IN THIS PARAGRAPH
SHALL BEGIN TO RUN ON THE EARLIER OF: (I) DATE OF APPOINTMENT OF A LEGAL REPRESENTATIVE FOR
THE MINOR OR LEGALLY INCOMPETENT PERSON, OR THEIR ESTATE; OR (II)
THREE (3) YEARS AFTER THE DATE OF DEATH, INJURY OR DAMAGE, AS APPLICABLE.
(c) ACTS BEYOND CARRIER’S CONTROL: CARRIER SHALL NOT BE LIABLE TO PASSENGER OR ANY OTHER
PERSON OR ENTITY FOR INJURY TO OR ILLNESS OR DEATH OF
PASSENGER OR PERMANENT OR TEMPORARY LOSS OF OR DAMAGE TO PASSENGER’S PROPERTY, DELAY
OR OTHER LOSS OF ANY KIND CAUSED BY ACT OF GOD, WAR OR WARLIKE
OPERATION, TERROR, CIVIL COMMOTION, LABOR TROUBLE, INTERFERENCE BY AUTHORITY, POLITICAL
DISTURBANCE, PERIL OF THE SEA, LURCHING OF VESSEL, OR OTHER CAUSE
BEYOND CARRIER’S CONTROL; FIRE, THEFT, CRIME, ERROR IN NAVIGATION OR MANAGEMENT OF
VESSEL OR DEFECT IN OR UNSEAWORTHINESS OF HULL, MACHINERY, EQUIPMENT,
FURNISHING OR SUPPLIES OF THE VESSEL, FAULT OR NEGLECT OF PILOT, AGENT OR INDEPENDENT
CONTRACTOR OR ANY OTHER CAUSE OF ANY NATURE EXCEPT AND UNLESS THE
INJURY, ILLNESS, DEATH, DAMAGE, DELAY OR LOSS RESULTED FROM CARRIER’S NEGLIGENT ACT OR
OMISSION.
IN VARIOUS EUROPEAN PORTS, THE CARRIER SHALL BE REQUIRED BY LOCAL PORT AUTHORITIES TO
MOOR THE VESSEL ALONGSIDE ANOTHER VESSEL ALREADY AT BERTH, OR
ANOTHER VESSEL MAY BE DIRECTED TO MOOR ALONGSIDE THE VESSEL WHILE AT BERTH. THE
BERTHING ARRANGEMENT AT THESE VARIOUS PORTS MAY RESULT IN PASSENGER
HAVING LIMITED ACCESS TO THE STATEROOM BALCONY AND/OR AN OBSTRUCTED VIEW OF THE VESSEL
SURROUNDINGS. PASSENGERS MAY BE REQUIRED TO DISEMBARK THE
VESSEL BY TRAVERSING THROUGH THE PASSENGER AREAS OF THE OTHER VESSEL TO THE QUAYSIDE OR
PIER. CARRIER SHALL NOT BE LIABLE TO PASSENGER FOR ANY RESULTING
CLAIM BY PASSENGER ARISING FROM THE MOORING ARRANGEMENT IN ANY PORT, WHETHER
SOUNDING IN TORT, CONTRACT OR OTHERWISE.
(d) CLAIMS FOR EMOTIONAL DISTRESS: CARRIER SHALL NOT BE LIABLE TO PASSENGER UNDER ANY
CIRCUMSTANCE FOR INFLICTION OF EMOTIONAL DISTRESS, MENTAL
SUFFERING OR PSYCHOLOGICAL INJURY WHICH WAS NOT: (A) THE RESULT OF PHYSICAL INJURY TO
PASSENGER; (B) THE RESULT OF PASSENGER HAVING BEEN AT ACTUAL RISK OF
PHYSICAL INJURY; OR (C) INTENTIONALLY INFLICTED BY AN OFFICER OR AGENT OF CARRIER.
(e) INDEPENDENT CONTRACTOR/SHORE TOURS/LIMIT OF LIABILITY: CARRIER MAKES NO
REPRESENTATION OR WARRANTY CONCERNING, AND SHALL HAVE NO RESPONSIBILITY
FOR, ANY TOUR, SHORE EXCURSION, HOTEL, RESTAURANT, TRANSPORTATION (WHETHER A VESSEL, AIR,
RAIL, LAND OR OTHER MEANS) OR OTHER SERVICE NOT OWNED OR
OPERATED BY CARRIER. CARRIER SHALL HAVE NO OBLIGATION OR LIABILITY TO PASSENGER FOR ANY
ACT OR OMISSION IN CONNECTION WITH OR ARISING OUT OF
ARRANGEMENTS BY PASSENGER OR CARRIER WITH INDEPENDENT CONTRACTORS. ARRANGEMENTS
WITH INDEPENDENT CONTRACTORS INCLUDE, BUT ARE NOT LIMITED TO: (1)
AIRLINE AND SURFACE TRANSPORTATION; (2) SERVICES OR PRODUCTS OF OTHERS, AVAILABLE FOR
PASSENGER’S CONVENIENCE ABOARD THE VESSEL; (3) SERVICES, PRODUCTS
OR TRANSPORTATION OFF THE VESSEL FURNISHED BY OTHERS, INCLUDING WITHOUT LIMITATION,
SIGHT-SEEING TOURS, PRE-CRUISE AND POST-CRUISE TOURS, EXCURSIONS,
SHORE TRIPS AND TENDER SERVICE, WHETHER ARRANGED OR ORGANIZED BY A TOUR OPERATOR,
TRAVEL ADVISOR OR BY CARRIER. IN PROVIDING OR SELLING RESERVATIONS
OR TICKETS IN CONNECTION WITH ANY SUCH OPTIONAL ACTIVITIES, OR BY ACCOMPANYING YOU
DURING SUCH ACTIVITIES, CARRIER DOES SO AS A CONVENIENCE TO
PASSENGERS AND SHALL BE ENTITLED TO IMPOSE A CHARGE AND EARN A PROFIT FROM THE SALE OF
SUCH EXCURSIONS, SERVICES OR TRANSPORTATION, BUT DOES NOT
UNDERTAKE TO SUPERVISE OR CONTROL SUCH INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES,
CONVEYANCES OR FACILITIES, AND ACCEPTS NO LIABILITY FOR ANY LOSS,
DELAY, DAMAGE, INJURY, DEATH, MISREPRESENTATION OR DISAPPOINTMENT WHATSOEVER
RESULTING THEREFROM. CARRIER MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED,
REGARDING THE SUITABILITY, SAFETY, INSURANCE OR OTHER ASPECTS OF ANY SUCH INDEPENDENT
CONTRACTORS, TRANSPORTATION, TOURS, SERVICES, PRODUCTS OR
FACILITIES, AND CARRIER’S LIABILITY FOR NON-PERFORMANCE OF ANY INDEPENDENT CONTRACTOR
PROVIDING SUCH FACILITIES OR SERVICES SHALL BE LIMITED TO A REFUND
OF THE AMOUNTS RECEIVED BY CARRIER ON THE PASSENGER’S BEHALF, IF ANY.
(f) Medical Treatment: No doctor or nurse is employed by Carrier on the Vessel . Any medical attention
required or desired by Passenger during the trip must be sought at local facilities. Carrier makes
no representation or warranty that any such service is or will be available at any particular time or place.
Passenger shall be responsible for all costs and expenses of medical services, treatment,
medications and assistive devices. Carrier shall have no liability for any cost of, or incurred in connection
with, medical services, or for quality or any aspect of treatment Passenger receives.
Passenger consents to receiving treatment by medical professionals designated by Carrier, and agrees to
bear the cost of such treatment, in any circumstance in which Passenger is or appears unable
to request or authorize medical treatment and, the Vessel’s officer believes medical attention is
necessary (even if such belief is incorrect). - JURISDICTION, CHOICE OF LAW AND FORUM: PASSENGER ACKNOWLEDGES THAT AMAWATERWAYS
GMBH IS BASED IN BASEL, SWITZERLAND. ACCORDINGLY, THIS CONTRACT IS
DEEMED TO BE MADE AND ENTERED INTO IN BASEL, SWITZERLAND. THE RESOLUTION OF ANY AND ALL
CLAIMS AGAINST CARRIER, RELATING TO OR IN ANY WAY ARISING OUT OF OR
CONNECTED WITH THIS CONTRACT AND/OR PASSENGER’S TRAVEL SHALL BE GOVERNED EXCLUSIVELY
BY THE LAWS OF SWITZERLAND, EXCLUDING RULES OF CONFLICTS OF LAWS,
WHICH THE PASSENGER AGREES REPLACES, SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF
ANY STATE OR NATION TO THE CONTRARY. PASSENGER AGREES THAT ALL
CLAIMS WHATSOEVER ARISING OUT OF OR RELATING TO THIS CONTRACT OR PASSENGER’S TRAVEL
SHALL BE LITIGATED BEFORE THE “CIVIL COURT IN BASEL (“ZIVILGERICHL
BASEL-STADT), SWITZERLAND”, TO THE EXCLUSION OF THE JURISDICTION OF COURTS OF ANY OTHER
COUNTRY. PASSENGER CONSENTS TO JURISDICTION AND WAIVES ANY VENUE
OR OTHER OBJECTION TO VENUE OR PERSONAL JURISDICTION THAT MAY BE AVAILABLE TO ANY SUCH
ACTION OR PROCEEDING BEING BROUGHT IN SAID COURT. - CLASS ACTION WAIVER: THIS PASSENGER TICKET CONTRACT PROVIDES FOR THE EXCLUSIVE
RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON YOUR OWN
BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW
PROVIDES OTHERWISE, YOU AGREE THAT ANY LAWSUIT AGAINST CARRIER
WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS
PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY
AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION. - THIRD PARTY BENEFICIARIES: Passenger agrees that all rights, exemptions from and exclusions of
liability, defenses and immunities in this Contract for the benefit of Carrier or the Vessel , shall
also benefit any servant, agent or independent contractor of Carrier acting in the course of, or in
connection with, their employment or engagement so that in no circumstance shall any such servant,
agent or independent contractor, as the result of so acting, be under any liability to Passenger in excess
of or of a different nature than that of Carrier . - CARRIER’S RIGHT TO CANCEL CRUISE OR CHANGE ITINERARY: No sailing or aspect of travel is
guaranteed. Carrier reserves the right, without liability for damages or refund, to advance, alter,
delay, amend, cancel, shorten or lengthen any sailing, deviate from the Vessel’s advertised or ordinary
itinerary or route, omit or change any port(s)-of-call, arrange for substantially equivalent
transportation by another vessel and/ or other means of transportation, including without limitation
coach or other land transportation, whether belonging to Carrier or not, and to cause Passenger to
disembark from the Vessel temporarily or permanently . For example, if performance of the voyage is
hindered or prevented, or in Carrier ’s opinion may be hindered or prevented (even if the opinion is
incorrect) by war, terror, hostility, piracy, embargo, blockade, weather, high or low water level, ice,
labor conflict, breakdown, congestion, lock malfunction, docking difficulty, or other cause, or if a
government or other organization issues an advisory or announcement regarding travel conditions, or if
Carrier considers that for any reason, proceeding to, attempting to enter, entering or remaining at
a place of disembarkation, or traveling a particular route, may expose the Vessel or any crew or
Passenger(s) to risk of injury, loss or damage or delay, or to assist another vessel or try to protect or
save life or property, or for other humanitarian goal: (a) Passenger and Passenger ’s property may be
landed at the place of embarkation or any place Carrier or the Captain decides, and Carrier ’s
responsibility shall cease at that place and this Contract shall be deemed to have been fully performed
by Carrier; or (b) if Passenger has not embarked, Carrier may cancel the proposed voyage and
refund money or fares paid; or (c) Carrier or the Captain may take other action it, he or she deems
appropriate, including but not limited to operating the cruise as scheduled, deviating from the Vessel’s
advertised or ordinary itinerary or route, delaying, advancing or canceling any sailing, omitting or
changing any port(s)-of-call, towing or being towed, transferring Passenger and Passenger ’s Baggage to
any other vessel and/or to other means of transportation whether belonging to Carrier or not, and/or
causing Passenger to disembark temporarily. In a cancellation prior to sailing, Carrier ’s only liability
will be to refund to Passenger the amount Carrier received pursuant to this Contract. If the cruise is
shortened or terminated, Carrier will have the option to make a proportionate refund of the fare or
transfer Passenger to another ship or to the port of disembarkation by other means. If the scheduled
length of the cruise increases, Passenger will have no responsibility for the cost of any additional
fare, and Carrier will have no responsibility to pay or compensate Passenger for any loss or damage,
including consequential damages. - PASSENGER’S WARRANTIES; CARRIER’S RIGHTS TO REFUSE PASSAGE, DISEMBARK OR CONFINE
PASSENGER: Passenger represents and warrants that Passenger: (a) is physically,
emotionally and in all other respects fit to travel; (b) is free from any ailment that creates material risk
to Passenger or others from participation in the voyage; (c) will at all times comply with all rules
and regulations of the Vessel and all orders and directions of the Vessel ’s officers and staff; and (d) will
not act or behave in any way that inconveniences or impairs the safety, enjoyment or wellbeing
of other persons or the safety of the Vessel. Carrier or the Captain shall have the right, without liability
for refund, payment, compensation or credit of any kind, to refuse boarding, refuse to transport
Passenger, refuse further transport of Passenger, land Passenger at any port or place, confine,
quarantine or restrain Passenger, or transfer Passenger to other transportation, based on health or
physical condition, mental disorder, violation of a Vessel rule or regulation, failure to follow order or
direction of Vessel officer or staff , failure to possess necessary passport, visa and health or
vaccination certificate, disruptive behavior, concern that Passenger may be excluded from landing at or
entry to a destination by a government ’s immigration or other authority, or other cause indicating
Passenger is unfit or raising doubt about Passenger’s fitness to travel on the Vessel, or for any other
reason deemed necessary in the sole judgment of the Carrier or Captain (but no such action will be
taken for an unlawfully discriminatory reason). If Passenger is refused passage or voluntarily or
involuntarily disembarked from the Vessel for a reason described in this section , or other reason
including, but not limited to, personal, medical, or business reason, Carrier will have no obligation to
refund any portion of the fare received by Carrier, or be responsible for any of Passenger ’s costs or
other losses. - IMPAIRMENT; DISABILITY: Carrier does not discriminate unlawfully on the basis of disability. If You
(Passenger) have a disability and reasonable accommodation may enable You to use our
services, please let Carrier know how we can help. Passenger is requested to inform Carrier in writing, at
or immediately after reserving passage, but in any event at the earliest possible time, of any
mobility impairment or other physical, emotional or mental condition which may require
accommodation or use of an assistive device during the cruise. If the impairment or condition first arises
after
booking, Passenger is requested to inform Carrier in writing at the earliest possible time. Carrier will
consider and may confer with Passenger, regarding possible accommodations. Carrier may: (a)
require that a Passenger who, due to impairment, is not self- sufficient, travel with a companion who
shall take responsibility for any assistance needed during the voyage and in case of emergency;
and (b) exclude an individual with a disability that would result in a direct threat to the health and safety
of others or to that individual, if Carrier determines there is a significant risk that cannot be
eliminated or reduced to an acceptable level by reasonable modifications to Carrier policies, practices
and/or procedures or by appropriate assistive devices or services. If Passenger fails to timely
inform Carrier of any impairment or condition and/or it is determined, that Passenger ’s continued
participation poses a safety risk to Passenger or direct health or safety threat to others, Passenger
may be excluded from embarking or further participation. Carrier and personnel aboard the Vessel shall
have no liability to Passenger relating to any Passenger condition , treatment, failure to inform
Carrier of an impairment or resulting exclusion. - CHILDREN: Any person under age 18 must be accompanied by an adult over age 21 who is the child
’s parent or legal guardian, or who, prior to Vessel departure, provides Carrier the Parental
Consent Guardianship Form signed by the parent or legal guardian. - ALCOHOL: Carrier reserves the right not to serve any Passenger alcoholic beverages for any reason
and as may be required to comply with local laws. - SMOKING: Smoking is only allowed in designated areas. If a Passenger smokes in non-designated
areas, such act constitutes a material breach of this Contract. In the event of such breach,
Passenger forfeits all rights including the right to occupy the cabin and stay on board the ship. Carrier
may also charge a reasonable cleaning fee to eliminate smoking odors. - USE OF PASSENGER’S LIKENESS: Passenger agrees that Carrier and its designated partners shall have
the right to include photographic, video, audio and visual portrayals in any medium
whatsoever for the purpose of advertising, promotion, publicity or otherwise without compensation to
Passenger and all rights, title and interest including worldwide copyrights shall be Carrier ’s sole
property free from any claims by Passenger or any person deriving any rights or interest from the
Passenger. - INDEMNITY BY PASSENGER: Passenger shall indemnify, defend and hold Carrier harmless for all
penalties, fines, charges, losses, damages, costs and expenses incurred or imposed on Carrier or
the Vessel due to any act or violation of law by Passenger . - CONSENT TO SEARCH AND SEIZURE: Passenger consents to any search of Passenger’s person,
Baggage or other property, within the Passenger ’s cabin, personal safe or any location, with or
without notice, and to the removal, confiscation and destruction of any contraband or other item(s)
which are prohibited by Section 5, or, in the opinion of Carrier or the Captain, may impair Vessel
safety or adversely affect the safety, comfort, enjoyment or wellbeing of other Passengers. - PAYMENT BY PASSENGER AND EXTRA EXPENSES: Any and all payments by Passenger to Carrier shall
be made in United States dollars. All charges for services and products provided on board
the Vessel must be paid in cash or charged to a credit or debit card acceptable to Carrier before
Passenger ’s final disembarkation from the Vessel. Any other expenses incurred by Passenger or by
Carrier on behalf of Passenger shall be payable by Passenger on demand. - CANCELLATION CHARGES: (Not Applicable for Part Charters or Full Charters) In the unfortunate
event a participant must cancel travel, notice to us must be via email, which must include a return
receipt and a read notation, or other writing stating clearly and correctly each Passenger name, ship
name, start and end date of the cruise and a brief statement of the reason for cancellation. If
already issued, unused air tickets must be physically returned to us before they can be cancelled.
Cancellation date is the date we receive the written cancellation notice of unused tickets. A change in
sailing date, name changes, the substitution of a participant or a reduction in the number of guests in a
stateroom are treated as a cancellation in that all applicable cancellation charges apply.
Cancellation charges are per- person, based upon cancellation date, as follows: (i) more than 121 days
before departure: $200 loss of deposit (Egypt bookings are $600 and Africa bookings are $1,200
loss of deposit); (ii) 120-90 days before departure: $400 loss of deposit (Egypt bookings are $1,200 and
Africa booking are $2,400 loss of deposit); (iii) 89-60 days before departure: 35% of cruise or - cruise and land price; (iv) 59-30 days before departure: 50% of cruise or cruise and land price; (v) 29-7
- days before departure: 80% of cruise or cruise and land price; (vi) 6 days or less before
- departure: 100% of cruise or cruise and land price. Cancellation charges also apply to additional charges
- for upgrades, transfers and other pre-purchased services. Protection plan premiums are
- non-refundable. Additional cancellation fees apply for air tickets. Except as otherwise provided in
- Section 11, after travel begins, there is no refund for unused services or unused portions of cruise or
- cruise/tour. You acknowledge that your cancellation will cause Carrier difficulty in selling a replacement
- cruise or cruise & land reservation and thus the cancellation fees described apply regardless of
- whether your cruise or cruise & land reservation is resold. You agree that any losses sustained by the
- Carrier in the event of cancellation would be very difficult or impossible to quantify , and the
- cancellation fees are fair and reasonable as liquidated damages.
- UNCLAIMED PROPERTY: Any unclaimed or abandoned personal property that comes into custody or
control by Carrier may be disposed of after 45 days under any circumstances. If a
Passenger’s identification is available Carrier will make a reasonable effort to contact the traveler and
attempt to return the item (s) within 45 days. The Passenger will be responsible for any and all fees
for storage, shipping and handling to return the item(s). - TRAVEL ADVISOR: Your travel advisor acts for You in making the arrangements for Your travel .
Carrier is not responsible for any representation or conduct of Your travel advisor , including but not
limited to, any failure to remit Your deposit or other funds to Carrier, for which You shall at all times
remain liable to Carrier, or any failure to remit a refund from Carrier to You. You acknowledge that
Your travel advisor acts solely as Your agent, and not as agent for Carrier, and is deemed as Your agent.
You further agree that receipt by Your travel advisor of this Contract or any other
communications, notices or information from Carrier shall constitute receipt of such materials by You . - NO SOLICITATION: Passenger agrees not to solicit other Passengers for commercial purposes or
advertise goods or services on board the Vessel without Carrier ’s prior written permission. - INTERPRETATION: If any provision of this Contract is found by a court of competent jurisdiction to be
invalid or unenforceable, such provision shall be deemed to be severed from this Contract
and of no force and effect and all remaining provisions shall remain in full force and effect . The invalid
or unenforceable provision shall be deemed to be replaced by a lawful provision or reduced to a
lawful scope, in either case, that is as close to the purpose and economic content of the invalid or
unenforceable provision as is lawful. Headings in this Contract are only for convenient reference and
shall not be used to interpret, construe, define or limit any provisions hereof. Whenever the context
requires, references to the male gender shall include the female and neuter, and references to the
singular shall include the plural, and vice-versa. Passenger acknowledges that the travel contemplated
by this Contract is voluntary; Passenger is not obligated to purchase services from Carrier, and
thus is not obligated or in any way forced to enter into this Contract. The provisions of this Contract
were developed to achieve a delicate balance and exchange of rights, remedies, limitations,
exclusions, risks and risk management and economics between Passenger and Carrier; and the balance
provides substantial benefits to Passenger, which Carrier could not offer at the attractive price (s)
offered, but for the delicate balance in this Contract. Accordingly, the provisions of this Contract shall be
interpreted and construed according to their fair meanings and not strictly for or against any
party. - WARRANTIES/CONSEQUENTIAL DAMAGES EXCLUDED: ALL WARRANTIES INCLUDING WARRANTIES
OF FITNESS FOR USE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED FROM
THIS CONTRACT. CARRIER SHALL UNDER NO CIRCUMSTANCE BE LIABLE FOR ANY INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES. THERE IS NO WARRANTY THAT EXTENDS
BEYOND THE DESCRIPTION OF THE FACE HEREOF. TO THE EXTENT PERMITTED BY LAW, CARRIER SHALL
BE EXCLUDED FROM LIABILITY FOR EXEMPLARY OR PUNITIVE DAMAGES. - ENTIRE AGREEMENT: THE PROVISIONS OF THIS PASSENGER TICKET CONTRACT ARE THE ENTIRE
AGREEMENT AND A BINDING CONTRACT BETWEEN PASSENGER AND CARRIER.
PASSENGER’S ACCEPTANCE OR USE OF THIS CONTRACT CONSTITUTES PASSENGER’S CONSENT TO THESE
PROVISIONS. THESE PROVISIONS SUPERSEDE ANY PRIOR ORAL, IMPLIED,
OR WRITTEN REPRESENTATIONS AND AGREEMENTS BETWEEN YOU AND CARRIER. ANY CLAIMED
CHANGE IN THESE PROVISIONS IS NOT EFFECTIVE UNLESS IT IS IN WRITING AND
SIGNED BY THE PRESIDENT OF CARRIER (AND SUCH SIGNATURE MAY BE CONDITIONED ON A
COMMENSURATE INCREASE IN FARE).
By confirming the reservation with payment, the guest/ travel advisor acknowledges that they are aware
of and will comply with these Terms. For the most current version of the General
Information and Terms, which will supersede the Terms and Conditions published in any of our
brochures in the event of a conflict and any prior oral, implied, written or other
representation or agreement between you and us, please visit www.AmaWaterways.com.
