Terms and conditions operator 28

Terms and conditions operator - 28

 

The Contract

The contract is between the client and THE OPERATOR, known hereafter as ‘the Company’. The ‘client’ includes any person included or designated in any booking whether named or not. Any dispute arising from the booking agreement is to be settled in the French Courts of Law.

Payment Schedule

Reservations will be confirmed upon receipt of a non-refundable deposit which is 20% of the total cruise price. the Balance is due 90 days prior to setting sail. Where deposits or funds are held by a Travel or Barge Agent these monies are held by the Agent for the Company. If any payment is not received from an Agent when due, the Company may cancel the booking and the following cancellation terms will apply.

Cancellation by Client

If a booking is canceled more than 90 days pre-cruise the deposit will be forfeited. If a booking is canceled WITHIN 90 days of the cruise, the cancellation fees shown below will apply. However, if space is resold this may be refundable if, and only at the rate, the canceled accommodation is resold.

 

Days prior to cruise when
written confirmation
of cancellation received
Percentage of Cruise Price Payable
Charter Booking Individual Cabins
Up to 90 days Deposit Forfeit Deposit Forfeit
After 90 days 100% 100%

Cancellation by the Company

If the Company does not receive the balance of the cruise price by 9O days before the cruise date, the Company reserves the right to treat the booking as canceled and to retain the full deposit. The Company reserves the right to cancel any booking if through circumstances beyond its control it is impossible to provide the cruise, in which case an alternative may be offered or any sums received will be returned in full, but the client shall have no further claim against the Company.

Insurance

Insurance against death, personal accident, injury or illness and loss, damage or theft of personal effects is not included in the holiday price and no responsibility will be accepted by the company for such accidents or losses unless, and to the extent that, loss or damage is proved to have been caused by the negligence of the company, in which case the liability of the company shall be limited to the price paid for the holiday.

Responsibilities of the Company

The company shall not be liable for any loss damage, injury or delay, including travel delays due to bad weather, Natural Disaster, industrial action or any other reason beyond its control, incurred by the client before the start of, or during the cruise.

The company cannot accept responsibility for delays caused by waterway repairs, flood, drought or untoward events and reserves the right to vary or restrict a cruise, In such an event every effort will be made to re-route the craft and alert the client to any such alterations but the client shall have no claim upon the company. The client shall have no claim upon the company as a result of any breakdown or failure of the barge engine or other equipment or any delays caused by repairs to the barge. If a cruise is curtailed, payments received, of amounts proportional to the un-expired portion of a cruise, will be refunded, but no further claim can be made.

The Company reserves the right to cancel any cruise or portion thereof at any time, on refund of the appropriate amount paid by any cruise participant and to change any cruise route due to circumstances beyond its reasonable control without any liability to any cruise participant.

Release

Each cruise participant (including any person designated in any booking, whether named or not) declares that he/she is of good general health. Each such cruise participant, in consideration of the Company or its Agent booking him/her on a cruise and the common carriers or providers of transportation or other services by contract or otherwise, with, through, or for the Company (collectively, the ‘Contractors’) or their agents accepting him/her on that cruise, on behalf of himself/herself and his/her heirs, legal representatives executors and assigns, hereby releases the Company, the Contractors, and their respective agents from, and agrees to indemnify and hold each of them harmless against, any and all liabilities, costs and expenses (including attorney’s fees and costs of litigation) which they may jointly or severally incur to such participant his heirs, legal representatives and assigns, in respect of any claim, suit or cause of action on account of any injury or damage to or in respect of person or property alleged to have been sustained by him/her directly or indirectly, as result of his/her participation in the cruise, including without limitation damage in connection with (i) any transportation, accommodation or other services; (ii) any loss caused by any act or omission of any employee, servant or agent of any of them providing goods or services to any cruise participant; and (iii) any additional expenses or damages sustained by any cruise participant as a result of the foregoing causes.

Clients are strongly recommended to take out Insurance (including cruise cancellation insurance at the time of booking) for themselves and their belongings.

I have read and understood THE OPERATOR – Terms and Conditions of Booking. These booking terms and conditions, which form an integral part of this contract, have been accepted. I confirm that I accept the prices quoted and that I am authorized to accept these and the Terms and Conditions of Booking on behalf of all persons named in this booking.

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