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Agency Status and
Owners’ Conditions – Worldwide Travel & Cruise Assoc., Inc.
(“we”) act only as agents for barge owners and contractors
(“owners”) whose services are featured on the Price List and in our
brochure. We do not own any barges or provide any services other
than booking your chosen barge. Your contract will be with the
owner's of your chosen barge. The following terms and conditions
will form the basis of your contract. Some owners will have
additional terms and conditions, which will also form part of your
contract – you will be advised of these at the time of booking where
applicable. Where there are any differences between these terms and
conditions and those of the owners on the same point will apply.
Payment Schedule – When you make your booking, the first
named person must complete and sign a Booking Form, accepting on
behalf of all members of the party the terms of these booking
conditions an other terms noted above and pay a deposit of 25% of
the total price at the time of booking. A contract will exist
between you and the owner when we confirm your booking in writing.
We will upon confirmation issue your confirmation invoice (which
will confirm specific cruise inclusions). The balance of the cruise
must be paid at least 75 days before the cruise.
Cancellations by
You – You may cancel your booking at anytime provided that the
cancellation is communicated to us in writing directly. The notice
of cancellation will only become effective when it is actually
received by us and confirmed back to you. Cancellation results in
administration costs and the risk that your holiday may not be
resold. If your notice of cancellation is received by us more than
90 days before the scheduled departure date of your cruise, your
deposit will be retained. If, for whatever reason, the barge owner
concerned is prepared to refund the deposit paid, you must pay an
administration fee of $100 per person plus all expenses we incur as
a result of cancellations such as telephone calls, bank transfer
charges etc. to cover our costs. This fee and these expenses must be
paid before any refund will be made. Owners are not obliged to make
any such refund and where they do so this is purely on a good will
basis. If your notice of cancellation is received by us 90 days or
less before the scheduled departure date of your cruise, the full
cost of your cruise will remain payable and no refunds will be made
unless your place(s) on the cruise is/are resold in which case you
will receive a refund of all monies paid less your deposit and any
differences between the price you paid and the price paid by the
replacement passenger's. Such a refund will only take place after
the cruise has taken place.
Complaints – We and the owners make every effort to ensure
that you have a trouble free cruise. In the event of a complaint
concerning your cruise, you should immediately report it to the
barge crew and to the relevant barge owner, specifying in writing
all the details in order to give a fair opportunity to investigate
the matter. The complaint should be followed by a formal notice of
complaint which must be received by us or the barge owners no more
than 28 days after your return from the cruise. If your complaint
relates to the booking service we provide, you must notify us in
writing as soon as possible and in any event within 28 days of your
return from the cruise. Owners and Worldwide Travel & Cruise Assoc.,
Inc. have no liability in relation to any claim, which is not
notified in accordance with this clause.
Changes or Cancellations By Owners – It is unlikely that
changes to your cruise will have to be made but arrangements are
made many months in advance. Sometimes changes have to be made and
bookings have to be cancelled, which the owners have the right to do
at any time. Changes could include: Changes to your itinerary,
cruise dates, embarkation and disembarkation points, a change of
region or reduction in the standard of the cruise. We will inform
you of any such change when you book, or, if you have already
booked, as soon as it is reasonably possible if there is time to do
so before departure. While every effort has been made to ensure
accuracy in our brochure, we cannot be held responsible for changes
in cruise dates, cruise fares, itineraries and other changes, errors
or omissions that may occur.
Force Majeure – Neither the owners nor ourselves can accept
any liability for any failure to perform or any improper performance
of any of our respective obligations which result from any even
which the owner in question or ourselves, as applicable, could not,
even with all due care, foresee or avoid. Such events will generally
include war, riot, civil strife, industrial dispute, terrorist
activity, natural or nuclear disaster, mechanical or technical
problems with the barges, fire, adverse weather conditions,
waterways repairs or regulations, flood, drought or any other reason
outside the reasonable control of the owner or, where applicable,
ourselves. Owners reserve the right to curtail cruises if necessary
due to ‘force majeure’ In this very unusual event, the owner will
refund such part of the payment the owner received from you as
relates to the part of the cruise which was not provided as a
result. However, neither the owner or ourselves can accept any
further liability. No expenses or costs incurred by you can be met.
Responsibilities – We, as agents for the owners, are not
liable for any failure to perform or improper performance of any
service's or obligation's by any owners or for any act's or
omission's of any owners, agents or suppliers. We do of course
accept responsibility for the acts and omissions of our own
employees providing they were at the time acting within the scope of
their employment. Except for death, injury or illness caused by
negligence on the part of any owners or their employees (whilst
acting in the scope of their employment) the owners limit any
liability they may have to you to a maximum of the cost per person
of the cruise in question paid or on behalf of the person affected.
In addition, the owners limit their liability in accordance with
international conventions, where applicable.
Insurance – It
is a condition of booking your chosen barge that you arrange holiday
insurance against personal accident, injury or illness, loss, damage
or theft of personal effects and trip cancellations. The policy must
also offer a 24 hour emergency telephone and repatriation service.
In the event of an emergency should you not have adequate insurance
cover, although the owner/we will offer reasonable assistance, you
will be responsible for any costs involved and must indemnify the
owner and ourselves, as applicable, for all costs and expenses
incurred in connection with assisting you.
Surcharges – The right to increase fares in the event of
adverse exchange rate fluctuations, substantial increase to
transport costs (including the cost of fuel) or government imposed
increases to taxes/ fees is reserved. Increases up to a total amount
equivalent to 2% of the cruise price will be absorbed and only
amounts in excess of this figure will be surcharged unless such
surcharges are in effect at the time of booking in which case they
will invoiced at the time of booking. Additional surcharges will not
be imposed once the full payment of your cruise is received.
Damage – You are responsible for any breakages or damage
caused during the cruise and it is your responsibility to either put
right the damage or pay the full cost of the repair or replacement
as appropriate to the barge crew before the end of the cruise.
Governing Law – These conditions are governed by the Laws of
the State of Florida, USA, and all parties shall submit to the
jurisdiction of the courts of the County of Broward, Florida at all
times. |
