Terms and conditions operator - 41
Deposit and Final Payment
For all cruise bookings an initial deposit of 30% of the total price is payable at the time of booking, with the signed booking form, confirming acceptance of these Terms and Conditions. Deposit payments for the booking are non-refundable with the exception of cancellation more than 90 days prior to departure, when deposit payments may be transferred to an alternative available cruise date.
The balance of the cruise fare is payable 60 days prior to departure. If any payment due in relation to your booking is not paid by the appropriate date, we are entitled to treat your booking as cancelled.
Your cruise price does not include: Air transportation, airport taxes, visas, health or accident insurance, trip cancellation insurance, a la carte menu items when dining ashore (equivalent value of the set menu will be applied), drinks when dining ashore, crew gratuities, optional activities such as hot air balloon flights or items of a personal nature such as laundry or sundry purchases.
Payment for any additional excursions arranged via our cruise concierge service (eg. hot air ballooning) is the responsibility of the client. This will be either invoiced separately by THE OPERATOR or paid directly to the supplier – either in advance or on the day.
Travel insurance
It is your responsibility to ensure that you have adequate insurance in place for the duration of your booking – we strongly recommend you take out your travel insurance prior to paying your deposit. It is your responsibility to ensure that your travel insurance is suitable for your needs.
Customer Cancellation
Cancellations must be made in writing (either via email or letter) and are effective only upon notice of receipt by us. It is your responsibility to check that your notice of cancellation has reached us.
In the event of cancellation more than 90 days prior to departure, the deposit may be transferred to an alternative available departure date. In the event of cancellation less than 60 days prior to departure or failure to embark the cruise, 100% of the cruise payment will be retained by THE OPERATOR.
No refunds will be given in the event of interruption or cancellation of the cruise by the customer after embarkation.
Cancellation by THE OPERATOR
THE OPERATOR reserves the right to cancel a cruise, if through circumstances beyond the company’s control it is impossible to provide the holiday. In such cases payments received will be returned in full, but customers shall have no claim against the company.
Delays and Navigation
THE OPERATOR is unable to accept responsibility for delays caused by waterway repairs, flood, drought, weather conditions or untoward events including mechanical failure, and reserves the right to vary a cruise. In such an event every reasonable endeavour shall be made to re-route the barge. If the barge is unable to navigate on any day, guests will continue to be accommodated on the stationary barge and the regular excursions will continue to be made, with cruising to be continued as soon as possible. By way of compensation for any suspension of cruising, additional excursions will be provided by the crew. In any decision related to navigation, the judgement of the Captain on any action or inaction is considered final.
Undertakings of the Guest
All guests listed on the booking form expressly agree to the following:
- a) that he/she is in good general health (guests who have any physical limitations, or are not in good general health, are required to advise us prior to booking, so that we can ensure the barge will meet your needs);
- b) that he/she shall abide by the safety instructions as given out by the Captain and crew of the barge and displayed on board;
- c) that he/she shall not operate or seek to operate any vehicle or other technical equipment owned or operated by THE OPERATOR or other service provider except bicycles that are made available by the crew for the express use of guests; and
- d) that he/she shall indemnify and hold harmless THE OPERATOR against any and all liabilities, costs and expenses (including legal fees and costs of litigation) which may be incurred in connection with any claims, suits or any cause of action brought by him/ her against any third party, or by any third party against him/her, his/her heirs, representatives or assigns regarding injury or loss to person or property sustained by him/her or such third party, directly or indirectly, arising out of events, acts or omissions, no matter how caused or created, that occur during the course of a cruise tour.
Non-smoking
In accordance with legislation, a strict non-smoking policy applies in all internal areas of THE HOTE BARGE. Those guests who wish to smoke must do so outdoors on the sun-deck, as directed by the crew.
Behaviour
THE OPERATOR reserves the right within our reasonable discretion to terminate your cruise, without notice, if you or your party’s conduct or behaviour either a) endangers the safety of any guest, crew member or the barge itself or b) is disruptive in any way and/or affects the enjoyment of other guests. THE OPERATOR practices a responsible approach to alcohol and reserves the right to suspend drinks service to any guest who is intoxicated.
Limit of liability
THE OPERATOR will not take responsibility for;
- a) any personal injury, death, property damage or loss occasioned by theft, vandalism, fire, water, weather conditions, explosion, or any cause whatsoever, whether foreseeable or unforeseeable, or for any loss of whatever kind or nature arising out of or in connection with the acts or omissions, whether foreseeable or unforeseeable or any loss of any kind or nature arising out of or in connection with the acts or omissions, whether negligent or intended of any third party, regardless of the relationship, if any, between such third party and the guest or us;
- b) any “force majeure” event. In these Terms and Conditions “force majeure” means an event beyond the reasonable control of THE OPERATOR which we could not, even with all due care, foresee or avoid including, but not limited to closure of navigation, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, drought, flood, snow and storm, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services;
- c) any additional expenses incurred by the guest as a result of any delay or failure of and/or by any Operator or contractor of any services connected with the specific booking; and
- d) any loss sustained by the guest as a result of any cancellation, delay, advancement or postponement of any tour by any Operator or any service provider such as airline, railroad, vehicle rental company, hotel or similar or their agent.