PLEASE READ CAREFULLY
1. The purchase/payment of any travel services offered by Group Voyagers, Inc., authorized to do business as Avalon Waterways (“Avalon”), constitutes a contractual arrangement between the Traveler (“you”) and Avalon, and represents your acceptance of the Avalon Terms & Conditions.
2. Terms & Conditions are accurate at time of printing, and are subject to change prior to booking. You are advised to check on the websites or to request the latest version of the Terms & Conditions from your travel agent or Avalon Waterways prior to booking your vacation.
3. A $250 non-refundable, non-transferable, per person, per vacation deposit is required to reserve space for you, with limited exceptions, as noted below. Avalon accepts checks, money orders, Visa, MasterCard, Discover/Novus, and American Express. Payment of the deposit indicates you have read and accepted these Terms & Conditions. Your booking is not confirmed until the deposit is processed by Avalon and you receive a confirmation invoice.
4. You are responsible for verifying that everything on your invoice is accurate and complete, including dates of travel, options selected, and that each name matches the relevant passport. Avalon cannot accept responsibility if we are not notified of inaccuracies within 5 days of sending out the invoice. Changes are subject to the fees and penalties noted below. In the case of billing errors, Avalon reserves the right to re-invoice you with correct pricing.
CRUISE FINAL PAYMENT
5. Final payment for your vacation is due 90 days prior to commencement of services. Within the final payment date, payment in full is required at time of booking to reserve space. Reservations (land, cruise, and air) are canceled if final payment is not received by the due date; cancellation penalties apply, as noted below. For group reservations, travel agents should refer to the Group Policy, which will be provided to you by Avalon upon request and is also located on the Travel Agent Portal.
EXCEPTIONS TO CRUISE DEPOSIT
6. The following exceptions apply to these vacations:
• For vacations to Egypt or vacations on the Amazon Discovery, the cruise deposit is $500.
7. Acceptance on the vacation is subject to presentation of the Traveler Certificate, which will be available in your final Travel Documents.
AVALON AIR OPTIONS
8. Flex-Air and Instant Purchase Air: Flex-Air allows flexibility if you want to make changes to your vacation schedule; Instant Purchase Air may offer additional airline options but has more restrictions. Some vacations may only offer one air option.
AIR-INCLUSIVE VACATIONS & FINAL PAYMENT
9. Additional deposits or payments are required for international air added to the start and/or end of your vacation and/or for intra-vacation air, as specified in the itinerary (“air-inclusive vacations”). Air-inclusive vacation pricing is guaranteed upon receipt of full cruise plus air deposit or cruise deposit plus full airfare price, depending on type of airfare purchased (Flex-Air or Instant Purchase Air).
10. Flex-Air: A $300 non-refundable, non-transferable, per person air deposit is required at time of booking a Flex-Air air-inclusive vacation package. Applicable cruise deposit, as above, is also required at time of booking. Once ticketed, cancel/change penalties of at least $300 per person up to 100% of the air price will apply.
11. Instant Purchase Air: Full air payment plus a non-refundable service fee ($30 per person North/Central America, $50 per person Europe/Middle East, and $80 per person for all other international destinations) is required, and will be included in the quote, at time of booking for Instant Purchase Air booked in conjunction with an Avalon vacation. Applicable cruise deposit, as above, is also required at time of booking. Once booked, Instant Purchase Air is non-changeable and non-refundable after 24 hours from purchase. 13. Air-inclusive packages (Flex or Instant Purchase) are only available from the United States.
12. Intra-vacation air may be Flex-Air or Instant Purchase Air and will be advised at time of booking. For Flex Intra-Vacation Air, an additional $250 per person, non-refundable, non-transferable air deposit is required. For Instant Purchase Intra-Vacation Air, full air payment plus a non-refundable service fee ($30 per person North/Central America, $50 per person Europe/Middle East, and $80 per person for all other international destinations) is required, and will be included with the quote, at time of booking for Instant Purchase Intra-Vacation Air booked in conjunction with an Avalon vacation. Applicable cruise and Flex-Air deposits or Instant Purchase Air full payments, as above, are also required at time of booking. Intra-vacation Air is non-refundable after final payment date.
13. Air-inclusive vacations include all taxes, fees, and fuel surcharges. These taxes and fees include:
• September 11th Security Fee up to $11.20 per person
• Passenger facility charges up to $18 per person
• Federal domestic flight segment fees up to $4.00 per segment
• All U.S. and international arrival and departure and other government-imposed fees added by the airlines and applicable at the time of booking
BOOKING CANCELLATIONS & FEES
14. If a booking cancellation is received by Avalon prior to the final payment date of your vacation, your non-refundable cruise deposit and Travel Protection payments will be retained in addition to your Flex-Air deposit, Instant Purchase Air payment and service fee, and/or intra-vacation air deposit or payment.
15. For individual reservations, the following per person cancellation fees apply for cancellations within final payment date. Total price does not include discounts, promotions, or special incentives. (For group reservations, refer to the Group Policy.)
16. Travel Protection payments are always non-refundable once purchased, and will be added to the cancellation fees noted below.
17. Standard Cancellation Fees
• 90-60 days prior to commencement of services: 35% of total price*
• 59-30 days prior to commencement of services: 50% of total price*
• 29-1 days prior to commencement of services: 80% of total price*
• On departure day and later: 100% of total price*
18. *Total price does not include any Instant Purchase Air or Instant Purchase Air service fees, which are non-refundable after 24 hours from purchase. Intra-vacation Air is non-refundable after final payment date.
19. Cancellation fees may also apply to any additional services, including extra night accommodations, independently supplied services, and optional excursions reserved prior to, during, and after the tour. If flight changes, including but not limited to flight cancellations or name changes, are requested after full cruise and air deposits are received, revision fees, change fees, or airline cancellation fees will apply (see “Revision Fees” below). In many instances, airline revision or change fees can be up to $300, but in some instances may be up to 100% of the ticket price. Cancellation penalties will be quoted at time of cancellation.
20. Avalon reserves the right to cancel or reschedule any vacation departure for any reason, including insufficient demand or force majeure. If a vacation is canceled prior to departure, Avalon's only responsibility will be to refund the amount received for the reservation. Avalon will try to rebook the same vacation with a different departure date, or a similar vacation, but there is no guarantee of availability of offering. For air-inclusive vacations, Avalon will try to confirm air schedules for the selected new dates, subject to availability. Avalon cannot assume responsibility for any additional costs or any fees relating to the issuance and/or cancellation of air tickets or other travel arrangements not made through Avalon.
REVISIONS & REVISION FEES
21. In addition to any airline-imposed change fees, a fee of $30 per transaction will be charged by Avalon for any alteration or revision made to a reservation after deposit is received. Any revision to a booking, including but not limited to flight cancellations or name changes, may result in the loss of confirmed airline reservations or increased airfare, which will be payable by you. In many instances for Flex-Air purchases, airline revision or change fees are up to $300, but in some instances may be up to 100% of the ticket price. Instant Purchase Air and associated service fees are non-refundable and non-changeable after 24-hours from purchase; thus, alterations or revisions to a booking with Instant Purchase Air will require new air to be purchased, and is subject to full payment, as above.
22. Intra-vacation air and hotel penalties may also apply to alterations or revisions to a booking, and may be up to 100% of the full price.
23. A change of traveler name, vacation date, or itinerary within final payment will be treated as a full cancellation and new reservation; vacation and airfare cancellation fees, as above, apply.
24. Airfare may be purchased through Avalon for travel originating from the United States. All carriers are independent operators and are not owned, managed, or operated by Avalon. Your airline ticket is a contract between you and the air carrier only, even if you purchase through Avalon. By purchasing your air services through Avalon you waive all liability for Avalon for such air services.
25. Avalon is not responsible if an airline cancels, reschedules, or delays a flight for any reason. If you purchased air through Avalon, we will try to assist in making new arrangements, providing you have not already checked in with your airline for your first flight segment. After check-in, you must work with the airline directly to reach your destination or to make any alternate arrangements, including amendments to return services. Airline fees often apply for modifications to air schedules not related to airline-imposed flight cancellations, reschedules, or delays. These fees will be payable to the airline directly at time of request.
26. If you miss your departure flight or connection, it is your responsibility to work with the airline on which you are ticketed to reach your destination. No refunds will be provided by Avalon for portions of trips missed due to canceled, rescheduled, or delayed flights after airport check-in, nor is Avalon responsible for any additional expenses you may incur prior to joining your trip if you miss your departure flight or flight connection.
27. For air purchased through Avalon, if any air schedule requires an overnight stay in a gateway city, Avalon can assist you with hotel reservations; however, the cost of the overnight stay (including but not limited to hotel and meals) is your expense. Air routings are subject to availability. Routings are not guaranteed and are subject to change at any time.
28. If you make your own flight arrangements, Avalon will not be responsible for any loss resulting from cancellation or changes in international gateways, itineraries, or travel dates. We recommend that you do not purchase airline tickets with high penalty charges for changes.
TSA AIRLINE INFORMATION
29. Under the Secure Flight Program enacted by the U.S. Department of Homeland Security, the Transportation Security Administration (TSA) requires airlines to collect information from you for the purposes of Watch List matching. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. At time of booking a vacation with air reservations, Avalon will collect the required information and add to your air booking to pass to the airline(s) for the Secure Flight Program. The information includes full name, date of birth, gender, and redress number (if available). Failure to provide the required TSA information at time of booking will result in the loss of confirmed flights and airfare price, as information is required for ticketing. Rebooking lost airfare is subject to schedule availability at time of rebooking and may result in alternate flight schedules and/or increases in airfare price. Any increase in airfare price is payable by you.
30. Some countries may require aircraft cabin insecticide treatment for inbound foreign flights. For more information about aircraft disinfection requirements and a list of countries requiring disinfection of inbound flights, visit http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm.
FREQUENT FLYER REWARD PROGRAMS
31. Frequent Flyer mileage accrual is at the discretion of the airline(s), and is not always granted for airfare purchased through Avalon. You will need to contact the airline(s) directly for information on Frequent Flyer Programs and any applicable reward mile accrual. Avalon cannot assist with this process. Cancellation penalties, as noted above, will apply to all airfare, regardless of accrual grants. Take this into consideration before purchasing airfare.
32. All Cruise Directors, Local Hosts, Local Guides, and ships’ crews speak English, and all vacation commentary is conducted in English only. For maximum enjoyment and understanding, you should be able to read and speak English.
AUTHORITY TO REMOVE OR REFUSE PASSENGERS
33. In the sole discretion of Avalon or the ship’s captain, Avalon may refuse transport to any passenger or may require any passenger to disembark if it is reasonably believed that the passenger (1) is dangerous to others or to himself or herself; (2) has engaged in, is engaged in, or is threatening to engage in behavior that may adversely affect the safety, security, comfort, enjoyment, or well-being of other passengers or crew members, including, but not limited to, behavior that is disruptive, verbally abusive, physically abusive, obnoxious, harassing, discriminatory, or obscene; or (3) has failed or refused or is failing or refusing to following Avalon’s rules and procedures or the instructions of Avalon, its representatives, or the crew members. In the event a passenger is removed, such passenger may be left at any port or place the ship calls without any liability to Avalon or its representatives. Avalon shall not be required to refund any portion of the fare paid by any passenger who is removed under the terms of this paragraph, nor shall Avalon be responsible for expenses for lodging, medical care, meals, transportation, or any other expenses incurred by the passenger. Avalon shall be entitled to recover from the passenger any costs or expenses incurred by Avalon, its representatives, or the crew members in the removal of the passenger or the exercise or enforcement of this clause.
TRAVELERS WHO NEED SPECIAL ASSISTANCE ON TOUR AND/OR CRUISES
34. You must report to Avalon any disability requiring special attention while on tour or on cruise at the time the reservation is made. Avalon will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so nor responsible for any denial of services by air carriers, hotels, restaurants, or other independent suppliers. Avalon cannot provide individual assistance to a vacation participant for walking, dining, getting on and off coaches, cruise ships, and other vehicles, or other personal needs. A qualified and physically able companion should accompany travelers who need such assistance. If we are not notified at time of reservation of any disability requiring special attention, Avalon reserves the right to cancel your booking or terminate your vacation if your special needs or disabilities are not suitable for the vacation, are incompatible with other travelers, or if you are not traveling with a companion who provides all the assistance you require. Avalon will not refund or cover any costs or expenses incurred for cancellation, booking, or termination of the vacation. Cancellation penalties, as above, apply.
35. Not all sightseeing stops/sites accommodate wheelchairs, and some locations and sightseeing activities require extensive standing, sitting, or walking—sometimes on unpaved or cobblestone streets. Avalon will not refund or cover any cost or expense incurred for any missed activities due to a participant's inability to fully participate with the group. The Americans with Disabilities Act is only applicable within the United States, and facilities for disabled individuals are limited outside its borders. Most transportation services, including the touring motorcoaches and cruise ships, are not equipped with wheelchair ramps. Although some of our ships have elevators, many of our small ships do not. Passengers requiring ship elevators should inquire before making reservations.
36. Most stateroom doors and restrooms are not wide enough to allow access by standard wheelchairs, and bathrooms and other doorways may be fitted with coamings. Motorized scooters and motorized wheelchairs are not permitted on Avalon cruises. Collapsible wheelchairs are permitted on board, but for safety reasons, the number Avalon can accept is limited and wheelchair maximum size must not exceed 1030mm/40.44in length x 555mm/21.85in wide. You must notify Avalon at the time of booking of your intention to bring a wheelchair to ensure Avalon can accommodate within safety regulations. Otherwise, you or your wheelchair may not be permitted on board. There is no separate storage for wheelchairs; it must be kept in your stateroom. For safety reasons, passengers in wheelchairs cannot be carried on ramps in ports where the ship is at anchor.
37. Avalon does not have specialized facilities and/or treatments required for childbirth, prenatal, or early infant care on board its cruise ships, nor may those facilities be available at ports of call or on land stays. Avalon strongly urges pregnant travelers to consider the risks of traveling where necessary medical care for pregnancy may not be available and may not be reachable in a timely manner to address potential medical complications, problems, and emergencies that can occur during pregnancy.
38. Travelers who are under 18 years old on the departure date must be accompanied by an adult throughout the vacation, and are requested to share an adult's accommodation. Connecting cabins are subject to availability. Children under 8 years of age are not allowed on any Avalon vacation. For any special requirements regarding airline tickets for children, contact your airline directly.
39. There are no discounts for young travelers on Avalon cruise vacations.
40. Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a child will be traveling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel. We suggest that you also contact the appropriate consulate and airlines, as they may have additional requirements or recommendations.
41. Smoking is not allowed on transportation that is exclusively provided by Avalon. On cruise ships, smoking is restricted to certain areas of the vessel. This includes cigarettes, e-cigarettes, cigars and any other smoking devices.
42. All vacation prices are based on rates (reflecting foreign exchange rates) known at the time of publication and expected to be in effect at the time of departure, and do not include airfare, except where noted on specific itineraries. Vacation prices are per person, based on double occupancy (two people sharing a room). Single room supplements and triple reductions are listed where applicable. Not all accommodation types are available on all vacations.
43. Prices are subject to change without notice, subject to the guarantees set forth below.
44. Once Avalon has received your full cruise deposit for any cruise vacation, that cruise price is guaranteed and you are protected against any base land or cruise price increase due to currency surcharge. Any subsequent land or cruise cost increases are at Avalon's expense, not including energy cost increases and/or any government tax increases.
45. Pricing for air-inclusive vacations, including those with intra-vacation air, are guaranteed when Avalon has received your full cruise plus air deposits and/or full air payment, as noted above. Avalon reserves the right to ticket Flex-Air bookings, and vacations with intra-vacation air, upon receipt of full land and air deposits; thus, any subsequent revisions made at your request are subject to airline-imposed change fees, cancellation fees, and/or changes in airfare price, which are your responsibility to pay. Instant Purchase Air is ticketed upon receipt of full air payment; thus, full cancellation fees, as noted above, apply.
46. Vacation departures in 2018 are subject to itinerary modifications. Full details will be available in April 2017. Travelers have the right to cancel their reservation without penalty within 7 days of notification in the event of itinerary modifications for departures in 2018 prior to the release of the 2018 brochure. Vacations with Instant Purchase Air will receive full refunds for changes to vacations or vacation dates in 2018 with the release of the 2018 brochure, providing notification of cancellation is received within 7 days.
VISAS & PASSPORTS
47. It is your responsibility to verify all visa and passport requirements necessary for your vacation. You are responsible for obtaining independently and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of the countries you will visit. Avalon cannot accept liability for any passenger refused entry onto any transport or into any country due to failure of the passenger to carry correct documentation or adhere to specific entry and exit requirements. All visa information listed on the website, in documents, or in the brochure is for U.S. citizens only. Non-U.S. citizens must consult with appropriate consulates to determine if any visas or other documents are needed.
48. You must have a passport to travel internationally. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when traveling. Multiple-entry visas are required for some vacations. The process of obtaining a visa and/or passport can take up to three months or more.
49. Some government agencies in foreign countries require Avalon to collect and pass on in advance of travel certain personal and other details related to you, including but not limited to government-issued identification and passport details. If you fail to supply the details, as requested, fully and accurately, your trip may be interrupted or canceled. There are no refunds for failure to provide documentation or failure to provide documentation by the time required.
HOTELS, ACCOMMODATIONS & TRANSPORTATION
50. The hotels listed on the website or in the brochure are intended to be used on all departures; however, hotels are not guaranteed. Avalon reserves the right to substitute other hotels than those listed on the itinerary pages. If a change becomes necessary for any reason, including alternate hotels for additional departures on the same date, or hotel location changes within or outside itinerary cities, the hotel substituted will be of equivalent quality to those shown. No refunds are provided for hotel changes; full cancellation penalties, as noted above, apply.
51. Avalon contracts twin-bedded rooms. Double-bedded rooms may be requested, but are never guaranteed. Triple rooms are the same size as twin-bedded rooms and are at the discretion of the hotel. Triple rooms will have beds to accommodate three people, but three separate beds cannot be guaranteed. If there are only two beds, a roll-away may be requested but cannot be guaranteed. If available, additional charges may apply for a roll-away and are payable by you directly to the hotel.
52. Single supplements ensure your own room, not necessarily a twin- or double-bedded room. Single rooms in hotels are generally smaller in size and may be less conveniently located.
53. Room and bed preferences are not guaranteed.
54. Check-in times vary worldwide; Avalon cannot control or guarantee check-in times.
55. On cruises, staterooms are subject to change and are finalized upon embarkation.
56. In the rare event included train or air services are unavailable, alternate services will be provided. Itinerary timings are approximate, and are subject to change.
57. Porterage at hotels for one suitcase per person is included in the vacation price. Airport/train station porterage is not included, unless otherwise specified in your travel documents. Be prepared to carry your own suitcase on and off airplanes and trains and through airports and train stations. Regulations within most airports require travelers to handle their own luggage through customs.
58. Your single bag should have dimensions not exceeding 30"x21"x11" and weight not exceeding 50lbs (22kg). We regret that we are unable to accept a second suitcase or any luggage exceeding these limits on any Avalon vacation outside of Europe. Some vacations have more restrictive regulations than those listed above. Refer to your Travel Documents for more information.
59. Air carrier restrictions may vary from the limitations listed above. Size and weight limitations for carry-on and checked baggage vary from airline to airline and even according to destination. While making an air-inclusive booking, you will be provided with baggage fee information. After booking an air-inclusive booking, up-to-date information on carrier-specific standard checked baggage allowance (including size and weight limitations), the standard allowance (and fee, if applicable) for carry-on baggage, and the standard fee for the first and second checked bag, along with the information about additional discounts that may apply depending on flyer-specific factors (e.g., frequent flyer status, military, credit card used for purchase, or early purchase over the Internet, etc.), can be found on the carrier's website or by accessing iflybags.com. Avalon is not responsible for additional fees imposed by air carriers for baggage, and these fees are not included in the air-inclusive vacation price. You will be required to pay these fees directly to the airline at check-in.
60. No responsibility is accepted by Avalon for loss of or damage to baggage or any of the traveler's belongings throughout the duration of the vacation. Baggage insurance is recommended. See the Avalon website or the back of this brochure for an all-inclusive Travel Protection plan.
61. Carry-on bags should not exceed the dimensions of 12"x11"x 6". For safety reasons, wheeled carry-on bags are not suitable as hand luggage on motorcoaches and mini-buses. Carry-on bags must be small enough to store in overhead bins or under the seat in front of you on motorcoaches and other transportation.
62. Passenger Travel Documents, including e-ticket itineraries, are sent by regular ground delivery approximately 2-3 weeks prior to departure, provided full invoice payment has been received. If available, a service charge per reservation is added for documents requested in advance and/or for 2-day delivery or for delivery to multiple addresses. Two-day delivery with related charges is required for reservations made within 45 days of commencement of services and for delivery outside the continental United States; charges will be quoted at time of reservation.
63. Gratuities are included for services during the land stay of your vacation. This includes wait staff at included meals, hospitality staff at hotels for nights purchased through Avalon, and porterage at hotels for one suitcase per person. Gratuities for your Cruise Director, Local Hosts, Local Guides, driver, and ship's crew are not included in the vacation price (unless otherwise noted in pricing details) and are discretionary.
NOT INCLUDED IN THE LAND/CRUISE VACATION PRICE
64. The following charges are not included in the land/cruise vacation price, unless otherwise noted: airfare to and from the start of your vacation; intra-vacation air, unless specified in the itinerary; airline baggage fees including checked and/or excess baggage fees; Federal inspection fees for the Federal U.S. Customs and Immigrations; International Air Transportation tax; agricultural tax; other per person taxes imposed by government entities; airport taxes and fees, including the September 11th Security fee up to $11.20 per person, passenger facility charges up to $18 per person, Federal domestic flight segment fees up to $4.00 per segment, and U.S. and international arrival and departure and other government-imposed added by the airline and applicable at time of booking; port taxes; passports; visas and vaccinations; tips to your Cruise Director, Local Host, driver, Local Guides, and/or ship's crew; gratuities on ferries, trains, and cruise ships; laundry; telephone; minibar; alcohol, beverages, and food outside of the contracted Avalon menu as presented at a hotel or restaurant or onboard your vessel (these extra items will be billed to you before leaving the hotel, ship, or restaurant); airport transfers on non-qualifying flights; optional excursions; porterage at airports and train stations; Travel Protection; and all other items of a personal nature.
65. Any request for refunds is subject to these Terms & Conditions; no refund will be made for unused services of less than 48 consecutive hours, for unused transportation where group activity tickets are involved, or for voluntary modifications made by the traveler. Airport transfers are complimentary with air booked through Avalon on qualifying flights and dates. Not all flights or dates qualify. Customers not using the included transfer will not be given a cash equivalent or vacation price reduction.
SERVICE INQUIRIES AFTER THE VACATION
66. As it is difficult and sometimes impossible to properly investigate a complaint if Avalon is not advised of such complaint quickly, any compensation you may have been able to claim could be reduced or even forfeited if you do not follow the complaints procedure set out in this clause.
67. After returning from your vacation, if you wish to inquire about any services provided, ensure that all correspondence relating to those services is received by Avalon, Traveler Services, Group Voyagers, Inc., (see address under “Responsibility”). Any complaint or claim involving the vacation services offered in the Avalon brochure or on the Avalon website involving the negligence of any suppliers, sub-contractors, or agents in relation to any service provided to the vacation participant must be notified to Avalon while on vacation or within 30 days of the vacation completion, except where such time limitations are prohibited by law.
68. During local or national holidays or special events, peak seasons, on Sundays, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Avalon cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason.
CHRISTMAS MARKET VACATIONS
69. Christmas markets generally close around the third week of December.
70. Be aware that during your participation on vacations operated by Avalon, certain risks and dangers may arise beyond our control, including but not limited to: the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. Avalon will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. While Avalon will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a vacation and/or optional excursions you agree that you will hold Avalon harmless regarding any provision of medical care or the adequacy of any care rendered. Avalon is not responsible for such risks and dangers that may arise beyond our control. Payment of your deposit indicates you accept these risks and dangers and agree to hold Avalon harmless for such.
PHOTOGRAPHS & PICTURES
71. Photographs or pictures appearing in this brochure should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to itinerary. Maps shown on the vacation pages are current at the time of printing and may not reflect the actual routing should the itinerary change.
OPTIONAL SHORE EXCURSIONS
72. Optional shore excursions (“the Services”) available for booking are provided by local operators or other third parties that are entirely independent of Avalon and do not form any part of the product or services sold to you by Avalon or of these Terms & Conditions, even where Avalon suggests particular operators/other third parties and/or assists you in booking such optional shore excursions. Your contract for such Services will be with the organizer or operator of that Service, and will be subject to its Terms & Conditions, which may contain exclusions or limitations of liability. Avalon has no liability for any such optional shore excursion or for any act(s) or omission(s) of the organizer or operator or for any of its employees or agents or any other person(s) connected with the optional shore excursion.
73. Any advice or assistance on or with any Service provided by any local representative does not mean or imply that the Service is sold, supervised, or controlled by Avalon, or that any such advice or assistance is given on behalf of Avalon. Vacation participants are asked to check with the operator of any optional shore excursion and the applicable Terms & Conditions before booking.
74. For operational reasons, not all optional shore excursions listed in the cruise itinerary, in print, online, or in travel documents may be available during your vacation. Your Cruise Director will advise of availability while on cruise.
75. Optional shore excursions purchased in advance of travel at MyAvalonsm are non-refundable within 11 days to commencement of services, unless otherwise listed as non-refundable at time of purchase.
EXCLUSION OF LIABILITY FOR CRUISE ITINERARY CHANGES & CANCELLATIONS
76. In the event of water level problems on stretches of any waterway, technical problems of any nature, severe weather, flooding, fire, drought, earthquake, explosion, peril of navigation, industrial action, civil unrest, war, government order or act, operational requirements or any circumstances beyond the reasonable control of Avalon Waterways, it may be necessary to operate part or all of the itinerary by substitute vessel or motorcoach and hotel accommodation. Avalon reserves the right to change the itinerary whenever conditions, in the opinion of the Master of the Ship or local waterways regulations, render it advisable or necessary. In addition, river and other local authorities often need to carry out repair or maintenance work on the river or canal banks, stretches of river or canal, bridges, locks or docks, or other areas which may impede river cruise travel. This is frequently undertaken with little or no advance notice to river cruise operators, and can cause Avalon Waterways to make changes to the published itinerary or to operate part of the itinerary by substitute vessel or motorcoach and hotel accommodation with little to no advance notice. These events are beyond our control, and Avalon Waterways will not be responsible for any loss, expense, or inconvenience caused by reasons of such changes.
77. Avalon reserves the right to cancel, advance, or postpone any scheduled tour and/or sailing date and may, but is not obligated to, substitute another vessel, and shall not be liable for any loss whatsoever to tour/cruise participants by reason of any such cancellation, advancement, or postponement. In the event of cancellation by Avalon, tour/cruise participants' only right of recourse shall be to a refund of monies paid to Avalon in connection with such tour/cruise. In the event of charters of the vessels, strikes, lockouts, riots, or stoppage of labor for whatever cause or for any other reason whatsoever, Avalon may at any time cancel, advance, or postpone any scheduled sailing and may, but is not obliged to, substitute another vessel and shall not be liable for any loss whatsoever to tour/ cruise participants by reason of any such cancellation, advancement, or postponement.
78. Wi-Fi connectivity is provided by an independent third party with separate Terms & Conditions of usage and acceptance thereof. These can be found online or will be made available upon request. Wi-Fi connectivity is not guaranteed, and is often disrupted, unavailable, and slower on board than you are accustomed.
79. Group Voyagers, Inc., located at 5301 South Federal Circle, Littleton, Colorado 80123, is an independent company (“the Company”) licensed to market and distribute travel products under the Avalon Waterways brand name, and arrange for the vacation services offered on this website, including transportation, sightseeing, and accommodations through independent contracts.
80. Air carriers, accommodations, and other suppliers (including but not limited to trains, cruises, ferries, motorcoaches, hotels, and restaurants) providing services are independent contractors and are not agents, employees, servants, or joint venturers of the Company or its affiliates. All certificates and other travel documents for services issued by the Company are subject to the Terms & Conditions specified by the supplier, which are available upon request, and to the laws of the countries in which the services are supplied.
81. The international carriage of passengers is subject to international conventions and treaties, where applicable. These international agreements limit and, in some events, exclude the carrier's liability to passengers (vacation participants). Where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, inland waterways, rail or road carrier, or any stay in a hotel, the Company's maximum liability is the maximum that would be payable by the carrier or the hotel keeper concerned under the applicable international convention, treaty, or regulation applicable to the travel arrangements or hotel stay (e.g., the Warsaw Convention, the Montréal Convention for international travel by air, the EU Regulation on Air Carrier Liability for air carriers with an operating license granted by an EU country, the Athens Convention for international travel by sea) in that situation.
82. After departure, if the Services included in the vacation cannot be supplied or there are changes in an itinerary for reasons beyond the control of the Company, depending on the circumstance, the Company will take reasonable action to arrange for the provision of comparable services. Any resulting additional expense will be the responsibility of vacation participants, and any resulting savings will be refunded by the Company to vacation participants.
83. The Company reserves the right to accept or reject any person as a vacation participant; to expel any participant from the vacation; to make changes in the itinerary whenever the Company deems it necessary for the comfort, convenience, or safety of the participants; and to cancel a vacation at any time.
84. The vacation participant agrees that neither the Company nor its affiliates shall be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services, any insurer or insurance administrator under the Travel Protection plan, or any other person.
85. Any dispute between the vacation participant and the Company, directly or indirectly relating to the Terms & Conditions, shall be first submitted to mediation at Denver, Colorado, before a mediator mutually agreed to by the parties. If mediation is not successful, the dispute must be resolved by binding arbitration under Colorado law before the Judicial Arbiter Group or its successor located at 1601 Blake Street, Denver, Colorado 80202. The prevailing party shall be entitled to an award of costs and reasonable attorneys' fees. Any action to enforce the arbitrator's decision shall be brought in the state or federal courts in the State of Colorado.
86. Arbitration against the Company must be commenced within one year following the date of vacation completion. Neither the Company nor any affiliate shall in any case be liable for other than compensatory damages, and you hereby waive any right to punitive damages.
87. No person, other than an authorized representative of the Company by a document in writing, is authorized to vary, add, or waive any term or condition on its website, including any term or condition set forth in the preceding provisions.
88. As a passenger on board an Avalon Waterways river cruise, you are also subject to the Terms & Conditions of the Carrier. Carrier Terms & Conditions are available for each Avalon Waterways ship.
89. AVALON WATERWAYS, and other AVALON formative marks, are trade and service marks owned and/or applied for and/or registered by Avalon Waterways, Inc., in the US Patent & Trade Mark Office and in other global jurisdictions. Group Voyagers, Inc., is an authorized user of the trade and service mark AVALON WATERWAYS and other AVALON formative marks, owned by Avalon Waterways, Inc.