2021 - National Geographic Terms and Conditions

Page 1

Scenic National Geographic River Cruises 2021 Terms & Conditions RESPONSIBILITY National Geographic Expeditions (a division of National Geographic Partners, LLC) has authorized Scenic Tours (as defined herein) to administer trips as outlined in their catalogs and on their websites (each an “Expedition”). Scenic Tours is a professional tour operator that will organize and administer such Expeditions. Scenic Tours acts only as an agent for any transportation carrier, hotel, ground operator, ship operator, or other suppliers of services connected with specific Expeditions (“Other Providers”), and the Other Providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers will constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act, omission, or event during the time the participants are not aboard their conveyances. Scenic Tours will issue a separate contract of carriage that will supplement the Responsibility Statement and Terms and Conditions in advance of such Expeditions. The participant’s itinerary does not form part of the Responsibility Statement and Terms and Conditions. The contract of carriage will contain further provisions that limit the participant’s legal rights, including the participant’s right to recover for loss of luggage, forum selection, and limitations of liability. Neither National Geographic Partners, LLC its parent, subsidiaries, and their respective employees, affiliates, officers, directors, successors, representative, assigns (collectively “National Geographic”), nor Scenic Tours (USA), Inc., its parent, subsidiaries, and their respective employees, affiliates, officers, directors, successors, representative, assigns (collectively “Scenic Tours”) will be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any Other Provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against National Geographic and/or Scenic Tours for any such loss, damage, injury, or death. National Geographic Expeditions and Scenic Tours reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of the participants. Neither National Geographic, nor Scenic Tours, will be liable for any air carrier’s cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant’s Expedition departure city. Baggage and personal effects are at all times the sole responsibility of the participant. TERMS AND CONDITIONS IMPORTANT NOTICE TO PARTICIPANTS: PLEASE CAREFULLY READ THE RESPONSIBILITY STATEMENT ABOVE AND THE FOLLOWING TERMS AND CONDITIONS THAT GOVERN BOOKING WITH NATIONAL GEOGRAPHIC EXPEDITIONS AND SCENIC TOURS THAT AFFECT THE PARTICIPANT’S LEGAL RIGHTS AND ARE BINDING ON , TO THE FULL EXTENT PERMITTED BY LAW, PARTICULARLY THE SECTION GOVERNING THE PROVISION OF MEDICAL AND OTHER PERSONAL SERVICES, AND THE SECTION LIMITING CARRIER’S LIABILITY FOR THE PARTICIPANT’S DEATH, ILLNESS, INJURY, OR DAMAGE CLAIMS RELATING TO BAGGAGE OR PERSONAL PROPERTY. PLEASE ALSO NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN THE PARTICIPANT AND NATIONAL GEOGRAPHIC AND/OR SCENIC TOURS UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) THE PARTICIPANT, NATIONAL GEOGRAPHIC AND SCENIC TOURS WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE BE SURE TO READ AND REVIEW CAREFULLY THE ENTIRE SECTION LABELED “ARBITRATION AGREEMENT” BELOW. BY ACCEPTING THIS AGREEMENT, THE PARTICIPANT AGREES TO BE BOUND BY THE ARBITRATION AGREEMENT. Basis of Rates: All prices are per person based on two persons sharing a room or cabin. All prices and fares are quoted in U.S. dollars. The rates are based on tariffs, currency values, airfares and third-party charges as of catalog publication date and are subject to change due to unforeseen circumstances. While National Geographic Expeditions and Scenic Tours will do everything possible to maintain the listed prices, if it is necessary to levy a surcharge, National Geographic Expeditions and Scenic Tours reserve the right to do so, and notification will be given at the time of final invoicing. Eligibility: Anyone under 18 must be accompanied by a parent or guardian for the entire Expedition. Some itineraries have minimum age requirements based on the laws of the jurisdictions to which participants travel. Call for more information. National Geographic Expeditions and Scenic Tours reserve the right in its sole discretion to accept, decline to accept, or remove any participant on an Expedition should it deem such action is necessary or

advisable based on the circumstances. National Geographic Expeditions and Scenic Tours reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of the participants. By registering for an Expedition, the participant certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for himself or herself or other participants. Each participant shall notify Scenic Tours, and when appropriate, Other Providers of any need for reasonable accommodations based on any functional limitations related to any disability as far in advance as possible, preferably at the time of booking to allow maximum opportunity to make reasonable accommodations when possible. It may not be possible to accommodate all such requests for reasonable accommodations based on limitations on the vessel, at foreign ports and at the destinations. Scenic Tours will make reasonable accommodations when reasonably possible. If a participant cannot be accommodated on a specific Expedition, Scenic Tours will work with the participant in an effort to identify another Expedition that may offer greater ability to accommodate the participant. Facilities and Mobility: Participants acknowledge the following: (i) some ships do not have elevators, and ships that are equipped with elevators may not have elevator access to all decks; (ii) wheelchair participants should be aware that some cabin doors, restrooms and corridors may not be wide enough to provide access for standard wheelchairs; (iii) requests for accessible rooms must be made at the time of booking and are subject to availability; and (iv) for safety reasons, passengers in wheelchairs cannot be carried on boarding ramps to the ship or on to motor coaches. Included in Expedition Cost: Accommodations and meals as indicated in the itinerary (B = breakfast, L = lunch, D = dinner); standard beverages and standard alcoholic beverages; educational materials; pre-departure information; entrance fees, excursions, and sightseeing noted as included in the itinerary; all gratuities including those for ship’s crew, unless otherwise noted on the itinerary page; ground transportation during the Expedition noted in the itinerary; transfers to and from group flights where applicable; services of National Geographic experts and/or local guides, lecturers, Expedition leaders, and any other staff; and taxes, port charges, baggage handling, and service charges. Please note: the “B, L, D” notations apply to the period during the Expedition only and do not include any meals on flights to/from the Expedition. Internal airfare is included on some international Expeditions as indicated in the itinerary. Not Included in Expedition Cost: Air transportation, overnight accommodation and related fees (except as indicated in the itinerary); activities noted as optional in the itinerary; passport, visa, and permit expenses; medical expenses and immunizations; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, and premium and rare alcoholic beverages; and any other items not specifically noted as included. Single/Shared Accommodations: A limited number of single rooms/cabins are available at an extra cost on a first-come, first-served basis. National Geographic Expeditions and/or Scenic Tours will assist persons requesting a roommate. The participants will be notified if a suitable roommate is not available, in which case the single rate will be charged. Payments, Cancellations, and Refunds: To reserve space on an Expedition, a $500 per-person deposit is required within 48 hours. An additional $1500 per participant is required within 48 hours of the air schedule being released. Final payment is due no later than 90 days prior to departure. Payments must be made by credit card. A participant’s reservation may be canceled if full payment has not been received by 90 days prior to departure. For reservations made within 90 days of the departure date, full payment is required when the reservation is accepted. All cancellation notices must be received in writing and will become effective as of the date of the postmark. If a participant cancels 120 days or more prior to departure, a refund less an administrative fee of 50% of the deposit will be made. Per-person charges for cancellations that occur less than 120 days prior to departure (“Cancellation Penalty Period”) are as follows: 90-119 days prior to departure: 100% of the deposit amount; 60-89 days prior to departure: 35% of the Expedition; cost 31-59 days prior to departure: 50% of the Expedition cost; 30 or fewer days prior to departure: 100% of the Expedition cost. This policy also applies to pre- and post-Expedition extensions. Any revisions made within the Cancellation Penalty Period, such as a change in departure date or choice of Expedition, are subject to this cancellation policy. Any airline or other third party tickets issued are subject to the carrier’s refund policy. Arriving late or leaving an Expedition in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an Expedition. National Geographic Expeditions and Scenic Tours reserve the right to cancel any Expedition because of inadequate enrollment that makes the Expedition economically infeasible to

operate or because of good-faith concerns with respect to the safety, health, or welfare of the participants. If an Expedition is canceled prior to departure, Scenic Tours will provide the participants with a full refund of monies paid to Scenic Tours; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the Expedition as planned, in which case Scenic Tours will provide the participants with a refund and/or credit toward a future Expedition equivalent to the amount paid to Scenic Tours. If National Geographic Expeditions or Scenic Tours cancels the Expedition in progress, the participants will receive a prorated refund based on the number of days not completed on the Expedition. Except as outlined above when National Geographic Expeditions cancels an Expedition, National Geographic and Scenic Tours have no responsibility for any expenses, including any non-refundable expenses, incurred by the participants in preparing for a cancelled Expedition or for any additional arrangements should the participants embark prior to the scheduled group departure date. Trip-cancellation insurance is available at an additional cost and is strongly recommended. For more information about and to enroll in an option available through Travel Insurance Services, visit the “Travel Insurance” section of the National Geographic Expeditions website at natgeoexpeditions.com. Itinerary Changes: The itineraries and staff presented in the catalog or on the website are subject to modification and change by National Geographic Expeditions or Scenic Tours. Every reasonable effort will be made to operate Expeditions as planned, but alterations may still occur after final itineraries are sent. National Geographic Expeditions and Scenic Tours will use reasonable efforts to provide participants the Expedition booked in accordance with the itinerary. However, due to the nature of travel, it may not always be possible for National Geographic Expeditions and Scenic Tours to adhere strictly to the itinerary, and the ship operator may need to make alterations to the Expedition or itinerary, before or after the commencement of the Expedition. Where, due to circumstances outside of National Geographic Expeditions’, Scenic Tours’, or Other Providers’ control, these parties are unable to provide the Expedition in accordance with the itinerary, these parties will use reasonable efforts to: (i) provide reasonable notice of any alterations, though there may be circumstances beyond National Geographic Expeditions’ or Scenic Tours’ control in which alterations will be required with little, or no, advance notice; and (ii) provide or arrange appropriate alternative activities, transport and accommodation as required. The circumstances in which the itinerary or the Expedition may be altered include: (i) high or low water levels in any river or canal; (ii) lock closures, unscheduled vessel maintenance or other operational reasons; (iii) road, river or weather conditions; (iv) national or local holidays affecting the closure of public buildings or attractions; (v) force majeure/acts of God; (vi) emergency events, accidents, injuries or other incidents involving the participant or other participants; and (vii) any other event beyond National Geographic Expeditions’ or Scenic Tours’ control. Alterations to the itinerary or the Expedition may include: (i) substitution of vessels for part or the whole of an Expedition; (ii) cabin changes on a vessel; (iii) additional embarkations and disembarkations; (iv) substitution of alternate transportation, including the use of motor coaches; (v) substitution of hotel accommodation for accommodation on a vessel; (vi) alterations to arrival and departure times; (vii) alterations to sightseeing activities; and (viii) reductions or increases in the time spent at a location. If the ship operator substitutes any vessel, motor coach or accommodation under this section, they will use reasonable efforts to provide participants with a substitution of equivalent specification or quality, though some services and facilities may not be available for all substitute arrangements. Documentation: Participants are responsible for obtaining any documents required for their participation in the Expedition such as a valid passport (valid for at least 6 months after the participant’s return date), all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the Terms and Conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility. Participants shall indemnify National Geographic Expeditions and Scenic Tours for all penalties, fines, charges, losses or expenses incurred or imposed upon National Geographic or Scenic Tours by virtue of an act or violation of law by the participant. Health Requirements: Participants must be in good physical and mental health. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made. National Geographic Expeditions encourages participants to consult a doctor for specific medical advice about any activities or destinations. Certain Expeditions may require that the participant obtain medical consent prior to departure as a condition of participation. Immunization requirements vary from country to country. Required inoculations, if any, must be recorded by the 07302020


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.