2013 - APT Luxury Small Ship Expedition Cruises

(LSSEC-$A-2013/14)

Luxury Small Ships, Expedition cruises, APT ships

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Limitation Of Liability 1. Our products include the services of operators, such as hoteliers, airlines, cruise companies and other operators, who are not agents, servants or employees of APT. Although we take care in selecting the operators of services and the optional tour excursions, we cannot and do not take responsibility for the conduct of the operators, their servants and agents or for any ramifications of that conduct. These tours may include activities such as climbing, exploring, swimming, diving and snorkelling. The passenger accepts that these activities involve varying degrees of risk. 2. No passenger will be permitted to embark or continue on any cruise/tour while their mental or physical condition is, in opinion of any representative of APT, such as to render them incapable to care for themselves, or whereby they became objectionable to other passengers, or they became a hazard to themselves or other passengers. APT will not be responsible for expenses resulting in such persons being precluded from completing the tour for any reason. 3. APT accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention, delay (including mechanical breakdown) beyond its reasonable control. 4. Any term, condition or warranty express or implied by statute or otherwise for the products and/or services is excluded to the full extent permitted by law. However, nothing in this booking contract excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced. 5. To the full extent permitted by law, APT's liability arising under or in connection with this booking contract: (a) is limited to the re-supply of the products and/or services or the payment of the cost of re-supply of the products and/or services to you; and (b) excludes liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party. 6. Your travel agent will forward deposits and other payments to us on your behalf, but your travel agent is not our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by us and the travel agent has no authority expressed or implied to receive monies on our behalf. There is no liability on the part of APT in respect to any monies paid to your travel agent unless and until APT notifies you (by way of a booking confirmation advice or payment receipt advice) that monies have been received by APT. APT reserves the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by APT within the specified time. Travel Insurance Travel Insurance is not included in your tour cost. For your protection we strongly recommend that you purchase adequate comprehensive insurance that includes coverage for medical expenses, loss of luggage, cruise and land content and airfare charges that may occur due to cancellation, disruption, loss of deposit or strikes. Service Inquiries If a problem occurs during your tour you should, in your own interests, advise your tour/cruise director so that steps can be taken to resolve the matter. If you remain dissatisfied, any complaint must be made in writing to APT within 30 days. Force Majeure Force Majeure means the occurrence of an event that is beyond APT's reasonable control and which could not have been reasonably prevented by APT, which includes but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; and/or (d) change in law, meaning enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which include changes in statute, regulation, determination, by-law, declaration, licence and includes the common law as applicable from time to time. Termination of booking contract or change of travel arrangements due to Force Majeure If APT, in its reasonable opinion, considers that any Force Majeure event prevents APT (whether directly or through its employees, contractors, subcontractors and agents) from lawfully and/or safely providing any products and/or services subject of the booking contract to you, APT may immediately by written notice: (a) terminate the booking contract (in whole or in part); and/or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs of performing this paragraph. Limitation of liability in the event of Force Majeure In the event that APT cancels or changes your travel arrangements in any way due to a Force Majeure event, APT will not be liable to you in contract, tort, statute or restitution for any loss (including but not limited to loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly): (a) the cancellation or change to your travel arrangements; and/or (b) the Force Majeure event. For the avoidance of doubt, APT is not liable to refund any part of the deposit and/or purchase price paid by you if APT subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. World weather, civil unrest and terrorism are becoming more erratic and unpredictable and these are risks beyond APT's control. It is your responsibility to purchase adequate comprehensive insurance to protect yourself against these risks. Shore Excursions The timing of the shore excursions on all expedition ships may differ slightly for each departure. They are intended as a guide only and are subject to change without notice. It is not possible for large coaches to be used for some city sightseeing. Many towns and cities will be visited by way of walking tours and accordingly, a reasonable level of fitness is required. For expedition cruising, clients must be able to climb ramps and step onto smaller boats for ship embarkation/disembarkation. As tours visit remote areas and feature activities with varying degrees of difficulty, it is vital to select a tour with an activity level suited to your health and fitness. Tours may include mountain excursions to, at times, high altitudes. Please consult with your doctor to ensure you have an adequate level of fitness and are in good health and have any necessary vaccinations before participating in these touring excursions. It is your responsibility to carry any medication you require for the tour's duration. We recommend carrying medication in your hand luggage from the time you leave home. It is your responsibility to advise APT of any pre-existing medical conditions that may affect the normal conduct of a trip and the enjoyment of others while on tour. Health and Fitness Medical Assistance Expedition ships have a doctor onboard. Should you require medical attention, local medical services can be contacted immediately. You are responsible for all charges that result from visiting either the onboard medical practitioner or a local medical facility. APT is not responsible for the type or quality of the medical services you may receive. Smoking For other passengers' comfort and safety there is no smoking on coaches or ships, except in designated areas. Noise & Vibration While we take reasonable steps to minimise noise and vibrations on our expedition ships, you acknowledge that some noise and vibrations may be experienced on vessels and that we will not be liable to you for any resulting discomfort. Minimum group numbers may apply on some activities in order for them to operate. In the interest of guest experience, maximum numbers may also apply on some activities and you may be required to select an alternative option should your first choice not be available. Freedom of Choice InclusionsTM Visa and Passports All passengers must have a valid passport with at least six months validity from the return date. Passengers must consult with the appropriate consulates to ensure any applicable visas for countries visited have been obtained prior to departure. Meeting necessary passport and visa entry requirements and cost is the sole responsibility of the passenger. APT is not responsible for delays or missed portions of cruise/tour relating to incorrect travel documents or visas. Luggage Limits Each passenger is entitled to take one piece of luggage that does not exceed 160 cm (63 inches), or weigh more than 20 kg (44 pounds). Extra bags: An extra charge will be imposed to cover porterage handling of any additional luggage. Your tour/cruise director will advise the additional charge, however a guideline would be the equivalent to A$5 per hotel. Personal belongings and lost items For security reasons valuables should be kept to a minimum and packed in your hand luggage along with your medicines, camera, film, electrical or battery-operated appliance, as well as basic essentials such as a change of clothing and toiletries. APT Expedition Cruises – Included Beverages Complimentary beverages served during lunch and dinner aboard your cruise do not include French Champagne, premium spirits or selected wines – these are offered at additional cost. Out of date range flights Our brochures are prepared well in advance and scheduled airlines will generally not have loaded their seats to sell until approximately 11 months before the departure. Should you be booking the flights with APT this will apply and we will inform you at the time of booking and calculate the price in anticipation that seats will be available in the specific airline booking class to which our specially negotiated airfares apply. When the airline releases flight inventory and airfares APT will confirm seats and pricing to you by sending an updated invoice. Once flight have been confirmed by you and payment has been received APT will proceed in ticketing the flights. Once flights have been ticketed APT will have no other liability and will not be responsibly for refunding the cost of any services booked in conjunction with the flights. *SuperDeals 2013/2014 Conditions apply. Only one SuperDeal per person applies and cannot be combined with any other offer. A limited number of SuperDeals are available on all itineraries. All offers available until their stated dates, unless sold out prior. Savings figures shown are the maximum possible savings available for the itinerary on which they appear and may not apply to all departures. Fly Free All flight offers are subject to booking class availability, surcharges may apply once sold out. Once tickets are issued, airfares are subject to cancellation and amendment fees. Surcharges may apply to variations of airline routes. Airport taxes vary for each departure point and routing of airline. Airline schedules are subject to change without notice. Fuel surcharges are subject to change and an additional fuel surcharge may apply. Note that frequent flyer miles/points may not be awarded on all airfares. There is no refund on tickets once issued. Flights must be booked by APT on an airline of APT's choosing. The value of the offer is based on the highest seasonal airfare during the offer period. A non-refundable deposit of $3,000 per person is due within seven days. Disruption to Cruising and Itinerary Arrangements Itineraries are subject to alteration without notice and are intended as a guide only. Deviations to the planned cruise/touring itineraries and hotels are possible due to road, sea or weather conditions, strikes or other reasons beyond our control, although every effort will be made to keep them as they are shown in the brochure and final documents. Should conditions render cruise/land touring routes unsafe for navigation, APT reserves the right to provide alternative services including, but not limited to, accommodation on the docked ship and/or substitute ground arrangements. The nature of expedition cruising is that you will take advantage of opportunities as they occur to enhance your cruise – this may impact other itinerary inclusions. The Captain and Expedition Leader will take responsibility for decision making in this regard. No refund is available under these circumstances. We recommend you take out comprehensive travel insurance that includes coverage of events such as these as we will not be liable for any direct or indirect costs that you incur as a result of such an event or other factor beyond our control happening. Additionally, you are not entitled to any refund for any alterations to your itinerary that are caused or contributed to by any flood or water-related events or such other events which are beyond our control. APT can give no guarantee as to exact arrival and departure times for carriers and operators used by APT on the tour and APT will not be liable for failure to make connections with any other services or attractions beyond its control. If accommodation listed becomes unavailable, we reserve the right to substitute hotels with alternative accommodation of a similar standard. For a group to operate and to provide an enjoyable group atmosphere, a minimum number of participants is required. If a minimum number of passengers cannot be achieved on the escorted touring and cruising packages, it may be necessary to cancel a scheduled departure and to offer the nearest possible alternative or to offer a package as a non-escorted alternative. The decision to operate a tour is usually made four to eight weeks prior to departure. Due to the remote nature of expedition cruising, it is unlikely that the available infrastructure will be comparable in standards to that used in other APT/Travelmarvel destinations. APT will do all possible to source the best available resources. Maps Within This Publication Note that maps may not be to scale. Images Within This Publication Some images in this publication are copyright of, and have been reproduced with the permission of www.istockphoto.com; www.dreamstime.com; Tourism Western Australia and Noble Caledonia. Publication No. H4102. Effective 30 Nov. 2012 and supersedes all previous publications. Price & itineraries in this publication valid from 19 Aug. 2013 – 20 May 2014. www.aptouring.com.au 35 GENERAL INFORMATION

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