Booking Terms and Conditions — Australia June 2024 1. Contract 1.1 These terms and conditions (Conditions) form the basis of the contract between You and Scenic Tours Pty Ltd (ABN 85 002 715 602) (We, Us or Our) (Contract). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. Certain clauses in these Conditions may apply only to either the Scenic Brand or the Emerald Brand Journeys (as applicable). If a clause only applies to the Scenic Brand or the Emerald Brand (as applicable), this is expressly stated in the relevant clause. Your Contract may also include additional terms and conditions applicable to a special offer or promotion, and/or, depending on Your Journey, Destination Specific Terms. 1.2 If Your Journey includes a Cruise, You will also be subject to the Passenger Ticket Terms and Conditions, being the conditions of carriage for the Cruise Vessel, which are available on our Website and otherwise on request to Us. 1.3 You confirm Your understanding and acceptance of these Conditions and the Contract by paying Your Booking Deposit or otherwise paying any part of Your Journey Price. If You do not understand and accept these Conditions and the terms of the Contract, You should not make any payment to Us and in this case, We will cancel Your Booking in accordance with clause 3.3 of these Conditions. 1.4 If You make a Booking on behalf of any other person, You represent to Us that You have their authority to make the Booking on their behalf and to legally bind them to the terms of the Contract, including these Conditions. Each reference to You, Your, Guest or Passenger means the person who makes the Booking and each other person covered by the Booking. 1.5 Your Itinerary does not form part of the Contract. It may be necessary for us to make changes to Your Itinerary and we do not guarantee any Itinerary that is provided to You. 1.6 We may amend our published Conditions from time to time. If We amend the published Conditions, We will publish the amended version on Our Website. We will also provide the current version of the Conditions to You upon request. You will be bound by the current version of the Conditions at the time You make Your Booking. 1.7 You acknowledge that in order to participate in Your Journey, You may need to sign up to and comply with the terms and conditions of Service Providers, and where reasonably practicable, We will provide such terms and conditions to you prior to or during Your Journey. 1.8 Travel Insurance: (a) All travel involves risks. We strongly recommend You take out comprehensive travel insurance with a reputable insurance company to cover You against risks associated with Your Journey, including cover for loss of luggage , medical expenses and costs and expenses incurred due to cancellations, delays or other disruptions. (b) If you do not obtain adequate travel insurance, You accept that You may not be able to recover costs in relation to Your Journey Price in the event of cancellation or material changes made to Your Journey or Itinerary. 2. Meaning of Words In these Conditions, the following words and expressions have the following meanings: (a) Booking means the booking You have made with Us for the Journey. (b) Booking Deposit means a booking deposit in an amount which We have notified to You before You made Your Booking. (c) Captain means the captain of a Cruise Vessel. (d) Cruise means a cruise constituting or forming part of Your Journey. (e) Cruise Director means any person designated by Us as the cruise director for any Cruise. (f) Cruise Vessel means a vessel used for the purpose of providing a Cruise. (g) Customer Service Contact Address means the details for contacting Us set out in clause 13.7 of these Conditions. (h) Departure Time means the earlier of: (i) the beginning of the boarding process of any vehicle (such as the embarkation of a Cruise Vessel) that is part of Your Journey; and (ii) You checking into any accommodation that is part of Your Journey. (i) Destination Specific Terms means terms and conditions specific to a particular Journey, as published in the Journey Brochure or on Our Website for the relevant Journey, or, where applicable, set out in clause 14 of these Conditions. (j) Documentation has the meaning given to it in clause 6.6. (k) Drone means an unmanned aerial vehicle or UAV, being an aircraft of any size that operates without a pilot on board. (l) Emerald Brand means the “Emerald Cruises” brand, associated with the Emerald Website. (m) Emerald Website means the website at https://www.emeraldcruises.com.au. (n) Discovery Team Leader means any person designated by Us as the discovery team leader for any Cruise. (o) Force Majeure Event means any act of God, war, terrorism, fire, flood or any other extreme weather conditions or act of nature, loss of power, epidemics, pandemics or declared public health emergencies, industrial disputes, slow-downs or other strike activities, political unrest, riots or civil disturbances, prohibitions or acts of Federal, State, Territory, or Local government or, quasi-governments bodies or other authorities (including, in each case, their duly constituted or appointed agents), inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages, any border closure by any country or any relevant Government authority. (p) Future Travel Credit means a credit that may be issued by Us to You and which may be redeemed against a future booking in accordance with clause 9 of these Conditions. (q) Guest Contact Details means Your contact details which You have provided to Us at the time of making Your Booking, as amended by any written notice You may provide to Us from time to time in accordance with clause 13.10 of these Conditions. (r) Itinerary means the itinerary for Your Journey issued by Us, subject to any amendments made by Us from time to time in accordance with this Contract. (s) Journey means a journey or journey package offered or provided by Us.
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