Issue link: https://viewer.e-digitaleditions.com/i/1435380
A S OF 1 AUGUST 2 021 to, any failure to remit your deposit or other monies to VRC or the Carrier, for which you shall at all times remain liable, or any failure to remit a refund from VRC or the Carrier to you. Receipt by your travel agent or other authorized individual (including any person who books a cruise or cruise tour on your behalf) of these Terms or the Passenger Ticket Contract or other information from Carrier or its agent shall constitute receipt of such materials by you. If your travel agent fails to remit any monies paid by you to the travel agent, you remain liable for the monies due Carrier. TRANSFERS Roundtrip airport-to-vessel transfers are only included when air is purchased with a tour package. Transfers are only valid on tour departure and arrival dates. If you should choose to make your own air arrangements, transfers may be purchased through VRC for an additional cost or you may choose to make your own transfer arrangements. TRAVEL DOCUMENTS, PASSPORTS, VISAS Upon initiation of pre-boarding procedures, you shall have in your possession the Passenger Ticket Contract, a passport valid until six (6) months following disembarkation, any necessary visas, affidavits, inoculations and/or vaccination cards compliant with the requirements of the destinations visited, proof of travel insurance where required by the destination visited, and all other documents necessary for the scheduled ports of call and final destination. You are advised to check with your travel agent or consulate service to determine what documents are required for your travel. It is your responsibility to ensure that you have all necessary documents to participate in the cruise or tour(s) purchased and neither VRC nor the Carrier accepts responsibility for obtaining required visas or for advising passengers of visa or other immigration requirements. If incorrect travel documentation is obtained, passengers may be unable to participate in particular shore excursions and/or may be denied boarding and/or entry into certain countries. Entry into other countries may be refused even if the required information and travel documents are complete. Visa kits from an independent third party are provided upon request as a service to passengers selecting destinations in Russia, China, Egypt, Jordan or Southeast Asia. Please note that, due to airline security measures, if the name on your passport does not match the name on your airline ticket, you may be denied boarding. Final travel documents are issued 3 weeks prior to departure. Documents required prior to 3 weeks will be charged a AU$50.00 processing fee. LIABILITY LIMITATIONS In addition to the disclaimers and liability limitations set forth in these terms, the passenger ticket contract also contains important limitations of liability for claims, including for injury, illness, death, baggage and personal property; time limits for claims and suits; designated forum for suits (including exclusive jurisdiction in Basel, Switzerland for claims arising on all cruise tours that do not include U.S. ports); choice of law and class action waiver; as well as terms and conditions relating to covid-19 policies and procedures. VRC is entitled to rely upon and benefit from all the carrier's rights, limitations of and exemptions from liability, defenses and immunities set forth in the passenger ticket contract. Persons or entities providing travel services and/or accommodations for your cruise tour are independent contractors and are neither agents nor employees of VRC. All arrangements made for you are with independent contractors otherwise referred to as third-party providers and are made solely for your convenience and at your sole responsibility and cost. All such services and accommodations shall be governed by the passenger ticket contract or other agreements between you and each such third-party provider as an independent contractor. Medical and spa personnel are independent contractors. VRC accepts no liability or responsibility, whether occasioned by railroad, motorcoach, private car, vessel, aircraft or any other conveyance, reason, or defect, delayed departures or arrivals, missed connections or other delay or irregularity, or mechanical defect, failure or negligence of any nature whatever caused in connection with any accommodations, transportation, services or facilities, substitution of hotels, common carriers or equipment, with or without notice, or for any additional expenses occasioned thereby; or 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 tour, or as a result of any cause beyond the control of VRC. VRC shall not be liable for the inability of any third-party provider/ independent contractor to perform any travel service or accommodation referred to in the VRC advertising or any part thereof, or resulting from restrictions imposed by COVID-19 Policies and procedures, including those restrictions affecting participation, location, time, eligible venue, and persons with whom you may come into contact, as well as restrictions on the number of guests going ashore in any port of call, and/or going ashore to specific travel service, accommodation or activity. If the entire cruise is cancelled other than by you for any reason, you shall have no claim other than for a full refund of the cruise fare, or, if expressly provided in the passenger ticket contract, a future cruise credit for the value of such cruise fare. The passenger ticket contract constitutes the sole agreement between the carrier and you, it being understood that the various independent contractors otherwise participating in your cruise tour may enter into their own separate contractual arrangements with you, and regardless, you assume the risk of utilizing the services and facilities of those independent contractors. Neither VRC nor the carrier are responsible for any conduct of independent contractors, including those who may assist in or operate shore excursions. Neither VRC nor the carrier shall in any circumstances be liable to you or any other party for indirect, consequential, incidental, special, punitive or exemplary damages arising out of or related to the booking, the passenger ticket contract, the cruise tour, or the products or services sold hereunder, including but not limited to lost profits or loss of business, even if we have been apprised of the likelihood of such damages occurring. SERVICES PROVIDED BY AIRLINES VRC reserves the right to choose the air carrier, routing and city airport from each gateway city for passengers booking air through VRC. VRC may utilize contracted fares and contracted inventory as outlined by each specific air carrier, therefore all flights and routings may not be available. Any changes (including name changes) made to a booking or issued airline ticket will incur a minimum of AU$50.00 per ticket change fee, plus any additional charges imposed by the subject air carrier. Any additional costs including penalties for cancellations/ re-bookings will be made at the passenger's expense unless otherwise required by law. All airline tickets issued by VRC are non-refundable. Neither VRC nor Carrier are responsible for altered travel plans caused by airline delays or for any act, omission or event occurring with the airline. In some cases VRC may not be able to confirm ancillary services including, but not limited to airline seat assignments, frequent flyer credit, special meals, and wheelchair requests. In some cases, these ancillary services may not be offered by the airline, or in other cases, may be arranged by a passenger's travel agent or directly with the airline. Airline-imposed baggage fees and other fees may apply and be charged by the air carrier at the time of service. PUBLIC HEALTH; ACKNOWLEDGEMENT AND ACCEPTANCE OF RISKS; COVID-19 POLICIES AND PROCEDURES a. Physician Consultation Recommended; Acknowledgement of Health Risks. You are encouraged to discuss the advisability of travel with your physician and to review the websites of the united states centers for disease control and prevention ("CRC"), the world health organization ("who") or other relevant government agencies for updated information. You acknowledge, understand and accept that while aboard the vessel, in terminals and boarding areas, or during activities ashore and/ or while traveling to or from the vessel, you or other guests may be exposed to communicable illnesses, including but not limited to COVID-19, influenza, colds and norovirus. You further understand and accept that the risk of exposures to these communicable illnesses and others is inherent in most activities where people interact or share common facilities, are beyond carrier or VRC's control, and cannot be eliminated under any circumstances. You knowingly and voluntarily accept these risks as part of your passenger ticket contract, including the risk of serious illness or death arising from such exposures, and/ or all related damages, loss, costs and expenses of any nature whatsoever. b. Right to Refuse Booking or Passage, to Disembark or Quarantine. Unless otherwise prohibited by applicable law, Carrier reserves the right to refuse a booking, deny embarkation, disembark, confine to a stateroom, quarantine or remove any person from a cruise tour or Optional Shore Excursion who may be suffering from a contagious or infectious disease (including but not limited to COVID-19), or who, in Carrier's sole opinion, is not fit to travel, or whose presence, in the opinion of the Master or any doctor, may be detrimental to the comfort, safety or wellbeing of the person or any other person, or in the Master's opinion, might be excluded from landing at any destination by immigration or other governmental authorities. You agree that such decisions are final and binding. c. Agreement To Comply With COVID-19 Policies and Procedures. In developing COVID-19 Policies and Procedures, Carrier observes the guidance and directives of cognizant health authorities. You acknowledge that these directives may change from time to time and that Carrier's COVID-19 Policies and Procedures may therefore change. You expressly agree to comply not only with the covid-19 Policies and Procedures as they are described herein, but also as they are set forth at http://viking.com/ healthandsafetyprogram, or expressed in any communication (such as an Envogram message or instructions delivered in writing or orally by carrier personnel) at all times including pre-embarkation, during embarkation procedures, while on board, during port calls and shore excursions and/or final disembarkation. In case of any conflict between the COVID-19 Policies and Procedures described herein or in your Passenger Ticket Contract or in any later communication, the most recent communication controls and your agreement to abide by Carrier's COVID-19 Policies and Procedures constitutes an integral part of your Passenger Ticket Contract. d. COVID-19 Policies and Procedures. You acknowledge that Carrier's COVID-19 Policies and Procedures may or will include (but may not be limited to): (1) completion of accurate, truthful and complete health questionnaires containing any health or travel- related questions as determined by Carrier in its sole discretion based on advice from cognizant government or health authorities or medical experts for each passenger prior to leaving home (which will be made available at www.MyVikingJourney.com), prior to boarding during pre- embarkation procedures, and daily (or otherwise periodically) onboard during the cruise; (2) pre-embarkation COVID-19 testing (such as but not limited to polymerase chain reaction ("PCR") testing) which may be followed by a period of isolation until test results are available; (3) COVID-19 testing (such as but not limited to PCR testing) periodically, at the discretion of Viking, during the cruise; (4) temperature checks of each passenger prior to boarding (including at hotels and during embarkation procedures) and daily (or otherwise periodically) during the cruise (which may include the use of facial recognition technology); (5) modified capacity rules for activities (including but not limited to restaurants, lounges, gyms, and entertainment events onboard and for shore excursions) which may limit or eliminate the ability of passenger to participate in particular activities or use particular facilities; (6) mandatory use by efach passenger of face masks meeting the guidelines at https://www.cdc.gov/ coronavirus/2019-ncov/prevent-getting-sick/ about- 263 Call us on 138 747 (AU), 0800 447 913 (NZ) or contact your local Viking travel agent