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201 Call us on 138 747 (AU), 0800 447 913 (NZ) or contact your local Viking travel agent accompany Guests who need such assistance and must assume full responsibility for their wellbeing. 13.5. The Guest assumes the full risk of use and of any prohibitions imposed by vendors. Motorized scooters are not typically suited on international cruises and cannot be accommodated. 13.6. Viking Cruises is not liable for any injury, illness or loss of enjoyment which could have been reasonably prevented had we been made aware of a pre-existing condition and been provided with an opportunity to review it. 13.7. Viking Cruises will not be responsible for any costs associated with cancellation penalties or the return of Guests from a tour, and a refund for lost touring cannot be claimed. GRATUITIES/TIPS 14.1. Shipboard gratuities for Viking Program Director and shipboard personnel are included in the cruise fare on Viking Europe, Russia, Ukraine, China, Mekong and Egypt cruises. Gratuities for local city guides, bus drivers and Viking tour escorts are not included in the cruise fare. Additional tipping is at the Guest's discretion. EUROPE OPERATORS 15.1. The vessels described in the Viking Advertising are operated by Viking Cruises Ltd., Viking River Tours Ltd., Viking Croisières S.A. or Viking Cruises AG. CHINA OPERATORS 16.1. The vessels described in the Viking Advertising are operated by one or more of the following: Chongqing New Century Cruise Co. Ltd., Viking Cruises AG, Viking River Tours Ltd., Viking River Tours (China) Ltd. and China International Travel Service Beijing Co., Ltd. MEKONG OPERATORS 17.1. The vessels described in the Viking Advertising are operated by one or more of the following: Pandaw Cruises Management Pte Ltd., Viking Tours Ltd. VIKING CRUISES, INC. / VIKING CRUISES AUSTRALIA PTY LTD 18.1. Viking Cruises neither owns nor operates any of the vessels described herein and thus assumes no responsibility or liability for acts or omissions of the vessel owners or operators in regard to the cruises described herein. 18.2. The transportation of Guests and baggage on all river cruise vessels is provided solely by the operator and is governed by the terms and conditions printed on the Passenger Ticket Contract. For complete information on terms and conditions, itinerary, liability of Viking Cruises, liability limits and other applicable clauses, refer to the Passenger Ticket Contract. A copy of the Passenger Ticket Contract is available by contacting Viking Cruises or visiting www.vikingrivercruises.com.au/my-trip/before-yougo/ step-by-step-guide.html RESPONSIBILITY 19.1. Viking Cruises accepts no liability or responsibility, whether occasioned by railroad, motor coach, private car, boat, aircraft or any other conveyance, for any injury, damages, loss, accident, delay or irregularity which may be occasioned either by reason or defect, through the acts or defaults of any company or person, or in carrying out the arrangements of the cruise, as a result of any cause beyond the control of Viking Cruises. 19.2. Guests specifically release Viking Cruises from any and all claims for loss or damage to baggage or property or from personal injuries or death, or from loss or delay, arising out of the acts, omissions or negligence of any independent contractors, such as air carriers, hotels, shore excursion operators, restaurateurs, transportation providers, medical personnel or other providers of services or facilities. 19.3. All arrangements made for Guests with independent contractors, including medical services, are made solely for convenience to participants and are done at the participant's own risk. Medical personnel are independent contractors. Viking Cruises specifically disclaims all liability for damages for emotional distress, mental suffering or psychological injury of any kind, except to the extent prohibited by any applicable law. 19.4. Travel documents are subject to all terms and conditions of the respective suppliers (some of which may limit supplier's liability). 19.5. Under no circumstances shall Viking Cruises be construed as a carrier under a contract for safe carriage of the Guest or his or her belongings. 19.6. Viking Cruises and the owners and operators of the vessels identified in this brochure shall be entitled to any and all liability limitations, immunities and rights applicable to them or any of them under the Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels (CLNI), with protocols and amendments, together with the further provisions of the International Convention of Limitation of Liability for Maritime Claims, 1976, with revisions and amendments (hereinafter collectively referred to as the "Convention"), if and as applicable, and by those other and further limitations of liability set forth in the statutory and general maritime law of the United States, (including Title 46 U.S. Code Section 181-186, 188), as well as any other applicable nation's laws limiting liability. 19.7. Viking Cruises and the owners and operators of the vessels identified in this brochure shall be entitled to claim the benefit of whichever law, regulation, treaty or doctrine provides the greatest legal protections to Viking Cruises and the owners and operators of the vessels identified in this brochure. REFUSAL OF PASSAGE 20.1. Viking Cruises shall not be required to refund any amount paid by any Guest who must leave the cruise prematurely for any reason, nor shall Viking Cruises or the owners or operators of the vessels identified in this brochure be responsible for the lodging, meals, return transportation or other expenses incurred by such Guest. ACTS OF GOD, STRIKE, OR OTHER CONDITIONS BEYOND CONTROL Viking Cruises, Inc. reserves the right to withdraw and/or cancel a cruise or to make changes in the itinerary and hotel accommodations whenever, in its sole judgment, or in the judgment of the vessel owner or operator, conditions warrant it. In the event of charters of the vessels, truces, lockouts, riots or stoppage of labour from whatever cause or for any other reason whatsoever, the owner or operator of the vessels identified in this brochure may, at any time, cancel, advance or postpone any scheduled cruise and may, but is not obliged to, substitute another vessel or itinerary and shall not be liable for any loss whatsoever to Guests by reason of any such cancellation, advancement or postponement. ACTS OF GOD, STRIKE, OR OTHER CONDITIONS BEYOND CONTROL 21.1. Neither Viking Cruises nor the owners or operators of the vessels identified in this brochure shall be liable for delay or inability to perform any condition in this brochure or any part thereof caused by an event that is beyond Viking Cruises' reasonable control and which could not have been reasonably prevented by Viking, which includes, but is not limited to: 21.1.1. war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; 21.1.2. natural disaster, including but not limited to flooding, fire, earthquake, landslide, adverse weather conditions, high or low water levels; 21.1.3. nuclear or other industrial accident causing environmental pollution or contamination; or 21.1.4. 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 includes changes in statute, regulation, determination, by-law, declaration, license and the common law as applicable from time to time, including fuel, Acts of God, or other circumstances beyond Viking's control. LAND PACKAGES / EXTENSIONS 22.1. The extension packages advertised have been developed in association with various international hotels. Situations may arise, voluntarily or involuntarily, that necessitate changes (see clause 23). Viking Cruises reserves the right to substitute hotels as it is deemed necessary and to provide comparable alternatives. Hotels are confirmed 30 days prior to cruise departure. ITINERARIES, PRICES/INCREASES AND OMISSIONS 23.1. Under normal river conditions, cruises and tours will operate as closely as possible. Whilst every effort will be made to ensure that itineraries are followed as closely as possible, itineraries are intended as a guide only and are subject to change before or after commencement of Your Tour. Changes may be necessary for various reasons including, but not limited to, water levels, wind factors, or any other weather conditions beyond Viking Cruises' control. 23.2. Viking Cruises will use reasonable endeavors to give you advanced notice of any such changes, but there may be circumstances beyond Viking Cruises' control and therefore there may be little, if any, prior notice of any such changes. 23.3. Changes may include, but are not limited to: 23.3.1. substitute accommodation in hotels rather than on the vessel; 23.3.2. substitute vessels; 23.3.3. substitute land arrangements (including operating part of the itinerary via bus transport); 23.3.4. alternate departure and arrival times; and 23.3.5. alternate sightseeing and/or land tours. 23.4. If conditions render any routes unsafe and/or impossible for navigation by the vessel, Viking Cruises may immediately by written notice, and in its absolute discretion, terminate the Contract (in whole or in part) - in this event, Viking Cruises will refund to you the unperformed part of the tour/cruise. 23.5. To the maximum extent permitted by law, Viking Cruises will not be liable for any direct or indirect costs that you incur as a result of any event or other factor beyond our control which necessitates a change to the itinerary or a termination of the Contract (including but not limited to airfares booked independent of Viking Cruises). 23.6. You are not entitled to any refund or any claim for any change to your itinerary which is caused or contributed to, either directly or indirectly, by any flood or water level events. TRAVEL INSURANCE 24.1. Viking Cruises strongly recommends that you obtain the appropriate travel insurance when you pay the deposit on your booking to cover any unforeseen circumstances that may occur before or during any cruise or associated travel (including but not limited to changes in itinerary as a result of significant flooding or low water levels). If you do not purchase travel insurance you may not be able to recover any charges associated with the cancellation or unforeseen circumstances. AUSTRALIAN CONSUMER LAW 25.1. Nothing in these Terms and Conditions operates to exclude, restrict or modify any provision of the Competition and Consumer Act 2010 (Cth) or any equivalent laws applicable in any State or Territory in Australia. CALIFORNIA SELLER OF TRAVEL LAW 26.1. Viking Cruises, Inc. is registered in California as a seller of travel. Viking Cruises, Inc.'s seller of travel registration number is 2052644-40. 26.2. Registration as a seller of travel does not constitute approval by the State of California. PRIVACY POLICY 27.1. Viking Cruises is committed to protecting your personal information. View our privacy policy at www.vikingrivercruises.com.au/privacy.aspx