Issue link: https://viewer.e-digitaleditions.com/i/1494452
A S OF 14 FEBRUA RY 2 023 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. WAIVER OF CLASS ACTION These terms and the passenger ticket contract provide for the exclusive resolution of disputes through individual legal action on your own behalf instead of through any class or representative action. Even if the applicable law provides otherwise. You agree that any lawsuit whatsoever against the carrier or vrc shall be litigated by you individually and not as a member of any class or as part of a class or representative action, and you expressly agree to waive any law entitling you to participate in a class action. Time limits for claims and suits; forfeiture: the following time limits and forfeiture provisions apply to all claims and suits against the carrier or vrc and cannot be waived except by express written agreement of one of our authorized corporate directors. a. Claims for personal injury, illness or death. No suit shall be maintainable against the carrier or vrc for personal injury, illness or death of any passenger, and any such suit shall be forfeited, unless written notice of the claim with full particulars shall be delivered to the carrier or vrc within six (6) months from the date when such personal injury, illness or death of the passenger occurred; and in no event shall any suit against the carrier or vrc with respect to personal injury, illness or death be maintainable, and any such suit shall be forfeited, unless suit shall be commenced in the forum designated below within one (1) year from the date when the personal injury, illness or death of the passenger occurred. b. All other claims. No suit shall be maintainable against the carrier or vrc, and any such suit shall be forfeited, for any claim whatsoever in connection with, related to, or arising directly or indirectly from a cruise, cruise tour, these terms or the passenger ticket contract, other than for personal injury, illness or death, unless written notice of the claim with full particulars shall be delivered to the carrier or vrc within thirty (30) days after termination of the cruise tour to which the claim relates; and in no event shall any suit be maintainable against the carrier or vrc with respect to any claim whatsoever, other than for personal injury, illness or death, and any such suit shall be forfeited, unless suit shall be commenced in the forum designated below within six (6) months from the date of termination of the cruise tour to which the claim relates. CHOICE OF LAW AND FORUM a. U.S. Cruises. You agree that any dispute whatsoever in connection with, related to, or arising directly or indirectly from a cruise, cruise tour, these terms, or the passenger ticket contract involving a voyage that embarks, disembarks or calls at a u.S. Port, shall be determined exclusively in accordance with the general maritime law of the United States, without regard to its conflict of laws principles, except in case of death arising outside the United States which shall be governed by the death on the high seas act, title 46 of the United States code, section 30301 et seq. You further agree that any and all disputes described in this subparagraph shall be litigated, if at all, in and before the United States district court for the central district of california in los angeles, california, U.S.A., Or as to those lawsuits over which the federal courts of the United States lack subject matter jurisdiction, before a court located in los angeles county, california, U.S.A., To the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such action being brought in such courts. b. All other cruises. You agree that any dispute whatsoever in connection with, related to, or arising directly or indirectly from a cruise, cruise tour, these terms, or the passenger ticket contract involving a voyage that does not embark, disembark or call at a U.S. Port, shall be determined exclusively in accordance with the statutory maritime and general law of Switzerland, except as otherwise provided in article 15 of the applicable passenger ticket contract. You further agree that any and all disputes described in this subparagraph shall be litigated, if at all, in and before the Civil Court of the Canton of Basel-Stadt [Zivilgericht Basel-Stadt], to the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such action being brought in such court. CARRIER INFORMATION* VRC acts solely as a sales agent for the below listed Carriers for the vessels described in VRC advertising. VRC neither owns nor operates any of the vessels described herein and thus assumes no responsibility or liability for acts or omissions of any Carrier regarding the cruises described. The Carriers operate vessels worldwide and are neither domiciled nor based in Australia. OCEAN CRUISE SHIPS All ocean cruise ships are registered in Norway. The Carrier for the Viking Star and Viking Sky is Viking Ocean Cruises Ltd, and the Carrier for the Viking Sea, Viking Sun, Viking Orion, Viking Jupiter, Viking Venus, Viking Mars and Viking Neptune is Viking Ocean Cruises II Ltd. Both Carriers are Bermudian companies with vessel operating offices in Basel, Switzerland. RIVER CRUISE SHIPS Except as otherwise noted, all river cruise ships are registered in Switzerland and the Carrier is Viking River Cruises AG, a Swiss company based in Basel, Switzerland. The Carrier for the Viking Forseti, Viking Buri, Viking Heimdal, Viking Delling, Viking Rinda, Viking Kadlin and Viking Rolf is Viking Cruises S.A., a French company with its vessel operating office in Basel, Switzerland. The Viking Hemming, Viking Torgil, Viking Osfrid and Viking Helgrim are registered in Portugal and the Carrier is Douro Azul, Sociedade Maritimo-Turistica, S.A., a Portuguese company based in Porto, Portugal. The Viking Rurik, Viking Truvor, Viking Ingvar, Viking Helgi and Viking Akun are registered in Russia and the Carrier is OOO "Passenger Fleet" LLC, a Russian company based in St. Petersburg, Russia. The Viking Ra and M/V Antares are registered in Egypt. The Carrier for the Viking Ra is Sherry Nile Cruises Company for Touristic Floating Hotels (S.A.E.), and the Carrier for the M/V Antares is Amarco For Nile Tourism Company, both Egyptian companies based in Cairo, Egypt. The Viking Sineus is registered in Ukraine and the Carrier is Viking Ukraine Ltd, a Ukrainian company based in Kiev, Ukraine. The M/V Viking Mekong is registered in Vietnam and the Carrier is Pandaw Cruises Ltd, a British Virgin Islands company with its vessel operating office in Ho Chi Minh City, Vietnam. The Century Emerald is registered in China and the Carrier is Chongqing GuanDa Cruises Ltd, a Chinese company based in Chongqing, China. MISSISSIPPI RIVER CRUISE SHIP The Viking Mississippi is registered in the United States and the carrier is Viking USA LLC, a Delaware Corporation with an operating office in Woodland Hills, California. EXPEDITION CRUISE SHIPS The Viking Octantis and the Viking Polaris are registered in Norway. The Carrier is Viking Expedition Ltd, a Bermuda company with a vessel operating office in Basel, Switzerland. *Carrier information is subject to change. For an up-to-date listing of the registry and Carrier information for each individual ship, visit www.vikingcruises.com.au 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 ("cdc"), 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 each passenger of face masks meeting the guidelines at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting- sick/ about-face-coverings.html, or otherwise acceptable to Carrier, prior to embarkation (including at airports, during ground transportation or during hotel stays), during embarkation procedures, while onboard and during disembarkation and shore excursions, except when in passenger's own cabin, while eating or drinking,where social distancing is possible, or when on open passenger decks or stateroom verandas; (7) mandatory social distancing and/or cohorting of passengers at any/all times prior to embarkation (including at airports, during ground transportation or during hotel stays), during embarkation procedures, while onboard and during disembarkation and shore excursions; (8) additional restrictions during shore excursions depending on local conditions, including but not limited to denial of disembarkation at destinations unless participating in only Carrier-approved shore excursions; (9) mandatory hand-sanitizing by passenger upon entry or exit of any public areas; (10) confinement of passengers to cabins (both passenger's own cabins and cabins specially used for isolation), quarantine or emergency disembarkation of passenger if, in Carrier's sole discretion, such steps are necessary to prevent 247 Call us on 138 747 (AU), 0800 447 913 (NZ) or contact your local Viking travel agent