HOTEL BARGES / ATHOS
Terms & Conditions
1. HOW TO BOOK
Please telephone, fax, email or write to H2olidays , Port de Plaisance , 21170 Saint Jean de Losne , France
Each Passenger wishing to book a cruise must complete and sign the Booking Form. Once this has been forwarded and accepted by the Company together with the payment of the deposit due, a contract exists between such Passenger (hereinafter “the Passenger”) and the Company. Underthis contract the Passenger confirms that he/she has read, understands and agrees to the terms and conditions below (the “Terms and Conditions”). These Terms and Conditions relate to all vessels. Any Passenger signing as tour leader on behalf of a charter or other similar group warrants that he/she is authorised so to do. Each member of any such group shall be deemed to be a Passenger as herein defined and shall be bound by the signature of the tour leader. Individuals booking as a charter will be subject to charter terms and conditions.
3. CRUISE PROVISIONS RATES:
The rates shown overleaf in Euros, are per passenger for a six night double occupancy cabin cruise and are subject to change without notice. Meeting points, hotels and time of pickup may be changed without notice. Cruise includes: Accommodation with private bath or shower, all meals, selected regional wines and alcoholic beverages consumed aboard, all sightseeing tours and admittance fees as stipulated, use of the Vessels’ bicycles and other facilities, and round-trip transfers from the specified meeting point. Cruise does not include: Air transportation, airport taxes, visas, health or accident insurance, trip cancellation insurance, superior Chateaux vintage wines, optional activities such as hot air balloon flights or items of a personal nature such as laundry, communication charges or purchases.
Travel insurance to cover trip cancellation , health and baggage is strongly recommended for all passengers.
5. DEPOSIT AND FINAL PAYMENT
For individual bookings: a deposit of €700 per passenger per week is payable at the time of booking with the Booking Form attached hereto duly completed and signed. The balance is payable 90 days prior to departure. For charter bookings of an entire Vessel: an initial deposit of 30 % of the total fare is payable at the time of booking with the Booking Form attached hereto duly signed. The balance of the charter fare is payable 120 days prior to departure. To qualify for the charter group rate, one person must act as tour leader and be responsible for contracting with and making all payments to the Company, as per the Terms and Conditions, on behalf of all passengers in the charter group.
6. CANCELLATIONS AND REFUNDS
Cancellations must be made in writing to the Company and are effective only upon receipt by the Company at its address overleaf. All issued tickets must be returned together with notice of cancellation . Please allow 4 weeks from receipt by the Company of cancellation notice and unused cruise ticket(s) for forwarding of any refund due. The following cancellation fees apply based on the date on which the Company receives written notice of cancellation . For individual bookings: a). more than 120 days prior to departure and subsequent to payment of the deposit, an administrative fee of €250 per passenger shall be retained, b). from 120-91 days prior to departure - the full deposit shall be retained, c). 90 days prior to departure to day of departure, or in the event of failure to embark - 100% of total fare shall be retained. For charter bookings: a). charter deposits are non refundable, b). More than 180 days prior to departure deposits may be applied toward individual bookings on the same Vessel subject to a €350 surcharge per passenger, c). 120 days prior to departure to day of departure, or in the event of failure to embark – 100% of total fare shall be retained. No refunds will be given in the event of interruption or cancellation of the cruise by the Passenger after the start of travel, nor for unused portions of any package or cruise, nor for any unused sightseeing tours or meals. The Company will not accept any liability for any claims that are not received within 30 days of the termination of the cruise week.
7. ALTERATIONS BY THE PASSENGER
Any date change by the Passenger subsequent to booking must be in the same year and will incur an amendment charge of €150 per passenger. Reductions in passenger numbers for charters are only accepted up to 120 days prior to departure. No itinerary changes can be accepted less than 90 days prior to departure. Transfers to cruises on another Vessel shall be treated as a cancellation and re-booking and cancellation charges will apply.
8. LIMITS OF RESPONSIBILITY OF THE COMPANY
Unless expressly stated otherwise on any ticket or other documentation issued by the Company to the Passenger, the Company including its employees, representatives, agents and/or assigns acts only as agent to provide transportation, accommodation and other related services to the Passenger by purchasing such services from vessel operators (“the Operators”) and other service providers contracted to the Company. The ticket(s) issued to the Passenger by any Operator or service provider, if any, constitute(s) the sole contract between the Passenger and said Operator or service provider, and the Company assumes no responsibility or liability in any circumstances for acts or omissions connected therewith. The Passenger further understands and agrees that the Company is not liable or responsible for the following:
a) any personal injury, death, property damage or loss occasioned by theft, vandalism, fire, water, weather conditions, explosion, or any cause whatsoever, whether foreseeable or unforeseeable, or for any loss of whatever kind or nature arising out of or in connection with the acts or omissions, whether foreseeable or unforeseeable or any loss of any kind or nature arising out of or in connection with the acts or omissions, whether negligent or intended of any third party, regardless of the relationship, if any, between such third party and the Passenger or the Company; and
b) any event which is beyond the control of the Company, including but not limited to Acts of God, strikes, lockouts, work stoppages, riots, floods, government acts, terrorism, criminal activity, Passenger illness or vessel damage; and
c) any additional expenses incurred by the Passenger as a result of any delay or failure of and/or by any Operator or contractor of any services connected with the specific booking; and
d) any loss sustained by the Passenger as a result of any cancellation , delay, advancement or postponement of any tour by any Operator or any service provider such as steamship company, airline, railroad, vehicle rental company, hotel or similar or their agent.
9. RESERVATION OF RIGHTS
The Company on behalf of itself and the Operators reserves the right to:
a) increase cruise prices to cover increases in costs or the effects of exchange rate movements, incurred after the the publication of this Price List;
b) accept a maximum of two cabins for single occupancy for any single cruise;
c) cancel any itinerary in whole or in part;
d) make such alteration to any itinerary as it reasonably deems necessary or desirable;
e) refuse to accept or retain as a member of a tour any person at any time. In no circumstances will the Passenger be allowed to embark unless the full cruise fare due has been paid.
In the event of alteration or cancellation , the Company may, but is not obligated to, substitute or provide another vessel of similar standard. Otherwise, the Company shall refund any fare paid. Waterway routes and vessel alterations and substitutions: All routes are subject to change without notice. Some waterways may be subject to occasional closures due to drought, storms, floods, canal or lock repairs or other unforeseen circumstances that result in conditions unsafe for navigation. In the unlikely event of such occurrences, the following conditions shall apply:
a) if navigation must be suspended, Passengers will continue to be accommodated on the stationary Vessel and the regular excursions will continue to be made, with cruising to be continued as soon as possible. By way of compensation for any suspension of cruising, additional excursions will be provided by the Vessel’s crew,
b) the Company reserve the right to reverse a cruise route, cruise another waterway or transfer Passengers to another vessel of similar standard, c) in any decision related to navigation, the judgement of the Vessel’s Captain on any action or inaction is considered final.
10. DISABILITY POLICY
Passengers who are disabled are asked to advise the Company’s reservations staff of the nature of their disability at the time of booking as some Vessels and/or itineraries may be unsuitable. The Company will recommend suitable cruise options but reserves the right to refuse a reservation request if necessary for reasons of safety.
11. UNDERTAKINGS OF PASSENGER
The Passenger expressly agrees to the following:
a) that (subject to any declaration under Clause 10 above) he/she is in good general health;
b) that he/she shall abide by the safety instructions as given out by the Captain and crew of the Vessel and displayed on board;
c) that he/she shall not operate or seek to operate any vehicle or other technical equipment owned or operated by a Vessel, hotel or other service provider except bicycles that are made available by the crew for the express use of the Passengers; and
d) that he/she shall indemnify and hold harmless the Company, its employees, agents, representatives and assigns against any and all liabilities, costs and expenses (including legal fees and costs of litigation) which may be incurred in connection with any claims, suits or any cause of action brought by him/her against any third party, or by any third party against him/her, his/her heirs, representatives or assigns regarding injury or loss to person or property sustained by him/her or such third party, directly or indirectly, arising out of events, acts or omissions, no matter how caused or created, that occur during the course of a cruise tour.
If the Company cancels a cruise and/or other arrangement for any reasons (other than force majeure or default by the Passenger), or makes a material alteration to the cruise and/or arrangement for reasons other than force majeure , after the date when payment of the balance of the price becomes due, in addition to a full refund, compensation will be payable on the following scale per person: 56 or more days prior to departure – Nil; 55-42 days – €15; 41-28 days – €30; 27-14 days – €45; less than 14 days – €60.
The liability of the Company is limited in the manner provided by the Warsaw Convention 1929 (as amended) or such other international Conventions for the time being in force in respect of carriage by air or waterway, as though the Company were deemed to be “carrier” as defined in such Conventions.
14. CREDIT CARD POLICY
By authorizing and making payment by credit card for cruise holidays hereunder and by signing the Booking Form attached hereto the Passenger expressly agrees to waive his/her rights under any relevant cardholder agreement or applicable law to subsequently cancel or suspend any such credit card transaction. The Passenger further expressly authorizes the Company to present this documentation to the bank or credit card issuer as evidence of acceptance by said Passenger that such credit card transaction is final and not subject to refund, reduction, cancellation or revocation, except as specifically provided in these Terms and Conditions. A maximum of €15,000 can be accepted on any one credit card per booking. The Company reserves the right to charge final payment to The Passenger’s credit card in the event that the cardholder fails to make any payment on the due date.
15. NON-SMOKING POLICY
In accordance with legislation, a strict non-smoking policy applies in the accommodation area of all Vessels. Those passengers who wish to smoke must do so outdoors ie on the deck and sun-deck area
16. CHILDREN POLICY:
The minimum age of child accepted on board is 12 years except for Charters and special “Family Departures” (please enquire for further details) for which Children under 12 years are welcome. All children under the age of 18 yrs accepted on board the following Vessels qualify for a discount as follows: a) for cruises on La Belle Epoque, L’Art de Vivre, L’Impressionniste , Anjodi , Renaissance, Nymphea , Scottish Highlander, La Dolce Vita, Magna Carta & Enchanté, a discount of €200 per child per week; b) for cruises on Savoir Faire, a discount of €180 per child between the ages of 14 and 16 years old per week for cabin bookings only. There are no age restrictions on charters.
17. GOVERNING LAW AND RESPONSIBILITY
All contracts incorporating these Terms and Conditions shall be governed by English Law. The Price List and Brochure issued in conjunction with these Terms and Conditions are the sole responsibility of the Company.
18. GENERAL PROVISIONS
These Terms and Conditions are issued as of October 2010 and supersede and cancel all prior communications and agreements, whether written or oral express or implied. Any inquiries, claims or general complaints by the Passenger relating to the service provided by the Company must be submitted in writing to the Company within thirty (30) days of the completion of the cruise, and must contain full and evidentiary information.