luxury yacht group terms and conditions

&Beyond Yacht Charters. All-Inclusive Crewed Yachts Charters

Why You Should Booking A Charter With A Luxury Yacht Group?

• March 1, 2023

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While there are many options available to you when researching yacht charters, here’s why you should charter from a luxury yacht group like &Beyond Yacht Charters.

Luxury yacht groups provide extensive training to their crews.

All of the crews on our yachts receive training and certifications specific to their jobs that are renewed annually. Their education goes beyond the requisite safety credentials – our crews are also given expert guidance in everything from local ecology, hospitality, culinary arts, mixology, water sports, and much more.

Luxury yacht groups have more resources available to them.

Whether it’s sourcing unique ingredients for guest requests, or getting urgent replacement supplies to a yacht while on charter, our team is well-connected and experienced in doing whatever it takes to ensure a seamless yacht charter vacation.

Luxury yacht groups maintain the yachts in their fleet to the highest standards.

Every single yacht in our fleet is impeccably maintained, checked by our meticulous management team before each and every charter. Everything from the engines, to the furniture, to the water sports equipment, to the linens is held to unyielding standards to deliver the luxury experiences our guests expect.

Why should you charter from a luxury yacht group? The answer is simple: If you’re looking for a luxury experience beyond your expectations, it takes industry professionals to deliver it.

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Terms And Conditions

General Terms & Conditions            PLEASE READ CAREFULLY BEFORE MAKING YOUR RESERVATION AND ACCEPT THESE TERMS. LUXURY YACHT MALDIVES RESERVES THE RIGHT TO AMEND THESE TERMS AND CONDITIONS AT ANY TIME AND PUBLISHES THE UPDATED VERSION ON WEB SITE.

Bookings When you book, we will ask you for a lead name that accepts General Terms and Conditions on behalf of the whole party in their entirety and without limitation. We will send all correspondence and any travel information to the lead name. Please update us on any changes in your contact details. Please check all the information received and communicate any discrepancies you may find. Luxury Yacht Maldives (LYM) reserves the right to modify the ship’s advertised itinerary or route when necessary (weather or extraordinary conditions, Force Majeure). Passengers are not entitled for any claims or refunds.  Sailing Cancellation LYM guarantees departures with a minimum of 10 participants. The cancellation of a departure will be notified 21 days before embark and alternative dates or accommodation will be offered to the guests. If the alternative will not be accepted LYM will refund ONLY the amount received. Vessel Substitution LYM may be forced to operate the cruise program with another boat of the same or higher standard. Passengers in this circumstance are not entitled to any refund. Cruise Interruption Should the Vessel sustain any breakdown in machinery affecting the itinerary for more than 48 hours, if no substitute vessel or arrangement is offered, passengers will be entitled to a refund proportional to the cruise days lost. No further claims will be accepted. Insurance We remind you that a valid Medical evacuation insurance is compulsory. All divers are requested to have an adequate Dive Injury Insurance (DAN or equivalent) Medical You are strongly advised to undergo a full medical examination before your holiday. If you hold a diving medical certificate you should bring it with you. On board you will have to sign a liability discharge form to prove your fitness to travel and partake in the activities. While travelling It is extremely important that you listen to the advice given by our Staff and local Representatives. Be aware that you cannot participate to any activities under the influence of alcohol or drugs. If any equipment or property belonging to us is lost or damaged, we reserve the right to charge you the cost. Complaints Any complaint during your stay must be notified to our local representative immediately in order to solve the situation. If you remain dissatisfied, please contact our office within 10 days after leaving our vessel or hotel.   Passport, Visa and Immunisation requirements Be aware that 6 months validity passport  beyond the length of stay is now a mandatory requirement for many countries around the world. No VISA required for less than 30 days in Maldives.  You are responsible for obtaining the correct documentation for entry into each destination country. Legal Structure and Governing Law Luxury Yacht Maldives  by ALBATROS TOP BOAT  SRL is a company duly incorporated under the Italian laws . These Terms and Conditions shall be construed in accordance with the Italian laws. Payment For INDIVIDUAL BOOKINGS Luxury Yacht Maldives must receive: 30% of the total trip price in order to have the booking confirmed. Balance of 70% to be received not later than 3 months prior the departure’s date. For CHARTER or HALF CHARTER BOOKINGS: 5%  deposit  within 14 days from booking request Non-refundable 30%  9 months from booking 30%  6 months from booking        35%  3 months before departure’s date.

Cancellation policy   For INDIVIDUAL BOOKINGS Up to 60 days before departure, the penalty is 30% of the total amount. Less than 60 days prior the trip departure the penalty is 100% of the total amount. For CHARTER or HALF CHARTER BOOKINGS 6 months or more before departure date: penalty of 30% of the total amount. From 6 to 3 months before departure: penalty of 50% of the total amount. Less than 3 months before departure: penalty of 100% of the total amount. When undertaking a Group Booking, all persons or members a party to the Group Booking will be subject to these General Terms and Conditions and the Group Terms and Conditions applicable.

Privacy The processing of personal data, which is required to conclude and execute the contract, is carried out, in full respect of D. Leg. 196/03 in paper and digital form. The personal information provided at the time of booking will be treated in anonymous form for any statistical processing directly from Albatros Top Boat Srl (as a holder of the treatment under the law), and / or by companies controlled by it and / or its affiliates, through the persons in charge of the law. The data will be communicated only to the service providers included in the tourist package and to the authorities when required by specific regulations. The tourist may at any time exercise the rights under art. 7 D.Leg.193 / 03 by contacting Albatros Top Boat Srl. Albatros Top Boat Srl participates in the formation of the Guarantee Fund pursuant to art 51 “Tourism Code”, reformed by law 6 August 2013 n.97. Document EditingThis current document was last updated and verified on August  22nd 2017

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Below is a general guide to the types of contracts, terms and conditions used for luxury yacht charters including what is and isn’t included in your yacht charter.

Charter yacht rates may vary according to the season, peak charter periods, special events and holidays, the number of charter guests, and the region in which the yacht is operating. The charter agreement will clearly define the terms and the charter rate. Items that are included in the charter rate and items that are additional vary according to the terms under which the yacht operates.

There are two main types of luxury yacht charters – namely ‘all inclusive’ and ‘plus expenses’.

Most yachts based in the Eastern Mediterranean or Western Mediterranean , regardless of size will usually operate on a ‘plus expenses’ basis. Some smaller yachts based in the Caribbean , Bahamas or America year round use the ‘all-inclusive’ way of quoting however most of the larger superyachts that visit the Caribbean seasonally will always quote ‘plus expenses’ regardless of their location.

‘Plus expenses’

Yachts quoted as ‘plus expenses’ means that in addition to the charter fee, 25-35% of the charter fee will be collected as an Advanced Provisioning Allowance for expenses.   Provisioning and preparation is then done by the crew based upon your specific preferences. Food and beverage provisions are custom ordered, charged at cost price. Fuel is also charged on consumption. The benefit of paying for expenses additionally is that you have more control over your costs and you only pay for what is ordered.

The ‘Advanced Provisioning Allowance’ (APA): The Advanced Provisioning Allowance is collected with your final payment and is forwarded onto the Captain in order to prepare for your charter. The APA is estimated at between 20 and 35% of the charter fee depending on the yacht and the charter location.  The final expenses may be more or less depending on your individual requirements.  The captain will be responsible for the accounting of your expenses; he will advise you periodically as to the disbursement of the APA and will provide receipts at the end of the charter.  Should you spend more than your estimated expense allowance, say by ordering unusually expensive items, staying in expensive ports or doing excessive cruising, additional payment will be required during your charter. Conversely, unspent APA will be refunded to you at the end.

‘Plus expenses’ terms are also known as WMT (Western Mediterranean Terms) and are often referred to as "MYBA terms" (Mediterranean Yacht Brokers Association). Under MYBA terms the charter fee includes charter of the yacht and equipment, crew wages and food, ship's laundry, basic operating consumables, and insurance of the yacht for marine risk, third party claims, and the crew for employer's liability insurance.

The charterer will be charged, at cost, for all other expenses. These expenses include but are not limited to food and beverages for the charter guests, fuel for the yacht and auxiliary craft, dockage, VAT if applicable, taxes, harbor fees, communications, guest laundry, shore-side electricity and water, onshore transfers and tours and anything else not specifically included in the charter fee.

Yachts chartering in the Eastern Mediterranean will usually use the MYBA contract or EMT (Eastern Mediterranean Terms) . The terms quoted can differ depending on the type of yacht (motor yacht sailing yacht or Gulet) and will also differ depending on the country. Under EMT or Turkish terms, rates can include costs such as fuel for four hours' cruising per day, local cruising taxes and local port fees . These yachts also tend to offer half or a full board menu options.

VAT - There is a VAT imposed by European Union nations. VAT can vary between 5.2% and 20% of the charter fee. Not all yachts are subject to VAT. Specifics of VAT will be discussed directly with you in situations where it might be applicable.

Gratuities – Crew gratuity is customary yet discretionary at 5%-20% of the charter fee based on service received. The recommended level varies depending on where the charter takes place.  Often higher gratuities are expected in the US and Caribbean than they are in the Mediterranean and other parts of the world.  The gratuity can be handed to the Captain for distribution to the crewmembers at the end of the charter or can be sent afterwards as a via wire transfer.

All inclusive Yacht Charters.

The charter rate for “All inclusive” yacht charters includes the fully equipped yacht, professional crew, fuel for up to 4 hours per day (in most cases), all meals and standard bar which basically means soft drinks, local beer & table wines. Some yachts also include basic spirits.  Extra costs would be for communication, dockage and mooring fees, cruising taxes, fine or exclusive wines and foods, airport transfers and anything else not specifically included in the charter fee. Crew gratuity is also customary but discretionary at 10-20% of the charter fee.

In the Caribbean, the ‘all inclusive’ contracts used are primarily the CYBA the (Charter Yacht Brokers Association).  AYCA the (American Yacht Charter Association), FYBA (Florida Yacht Brokers Association) are often used for charters in American waters and the MYBA - Mediterranean Yacht Brokers Association plus expenses terms are also widely used in the Caribbean for the larger yachts.

CharterWorld only uses trusted and recognised charter yachts and charter contracts. Whichever agreement is used, it will clearly specify the particulars of the charter, what is included and excluded in the charter fee, payment schedules, cancellation policies and it will define the rights and obligations of all parties in contingencies. Although the charter agreement might seem daunting at first, it is relatively simple especially considering you are taking charge of someone's multi-million dollar investment. Your CharterWorld broker will discuss the specific contract terms and conditions, the inclusions and expenses with you.

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Terms and Conditions for FGI Yacht Group

Introduction.

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, FGI Yacht Group accessible at https://fgiyachtgroup.com/.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Terms and Conditions. 

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

Other than the content you own, under these Terms, FGI Yacht Group and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

• publishing any Website material in any other media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and FGI Yacht Group may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant FGI Yacht Group a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. FGI Yacht Group reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy

Please read Privacy Policy.

No warranties

This Website is provided “as is,” with all faults, and FGI Yacht Group express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall FGI Yacht Group, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  FGI Yacht Group, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent FGI Yacht Group from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

FGI Yacht Group is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

The FGI Yacht Group is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between FGI Yacht Group and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of us, and you submit to the non-exclusive jurisdiction of the state and federal courts located in us for the resolution of any disputes.

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Terms of Use

Website Terms of Use

Last Updated: 6/16/2021

The website located at https://luxuryyachtcharters.com (the “Site”) is a copyrighted work owned by The CKIM Group Inc. (the “Owner” or We/Our) We provide services via the Site and certain associated applications (“Apps”) that inform users about travel, including travel products offered by airlines, cruise lines, tour operators, hotels, resorts, car rental companies and other travel industry vendors and service providers, (“Suppliers”) that We may sell to consumers. Our Apps also suggest travel products from Suppliers that may be preferred within our professional network. Our Site, the Apps, and all other websites, applications, widgets, e-mail notifications and other mediums through which you have accessed this Agreement (via desktop, mobile or other application) are collectively referred to as the “Services”. Services also include co-branded or white labeled versions of any of our websites, Apps, and other products.

Our Site is intended to be accessed and used only by adults and is not directed to minors. We do not knowingly collect personally identifiable information by anyone under the age of 18, and you should not provide us with any information regarding an individual under the age of 18.

By accessing, downloading, or using the Services, including any co-branded or white-labeled versions of the Services:

(a) you are accepting these Terms of Use (“Agreement”) and our Privacy Policy;

(b) you acknowledge that this Agreement is supported by reasonable and valuable consideration, including, without limitation, your ability to visit, use and/or submit information to our Services;

(c) you represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of another entity, you have the authority to bind that entity; and

(d) you represent that you are at least eighteen (18) years old. In order to determine your compliance with this Agreement, we may monitor your access and use of our Services in accordance with our Privacy Policy. If you do not agree with all the provisions of this Agreement, do not access or use our Services.

Subject to the terms of this Agreement and the Privacy Policy, we may offer you various Services. Below are terms and conditions governing these Services.

• Informational Purposes Only. We and our affiliates, through the Services, may provide a venue through which you can obtain information about certain travel products and services provided by our Suppliers. Any opinions, advice, information, data, text and other materials or links made accessible through the Services are for information purposes only. Unless you have retained us via a Client Services Agreement, we are not an agent or advisor to you or any Supplier.

In addition, your decision to access or connect to Supplier via any links or ads accessible through our Services is done at your own risk. When you link to a third party, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third party.

• Intellectual Property. The Site and its original content, features and functionality are and will remain the exclusive property of the Owner and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
• Links to Other Websites. This Site may contain links to third-party websites or services that are not owned or controlled by Us. We have no control over, and assume no responsibility for the content, terms of use, privacy policies, or business practices of any third-party websites or services. We shall not be responsible or liable, directly or indirectly, for any damage or loss resulting from the use of third-party websites. We are also not responsible for any damage or loss by reliance on information contained on those third-party sites. We recommend that you review the terms of use and privacy policies of any website you visit.
• Termination . We may terminate or suspend your access to the Site immediately, without prior notice, for any reason, including breach of these Terms of Use. We are not responsible or liable for any damage or loss resulting from our termination of your use of the Site.
• Limitation of Liability. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, the Site, our Suppliers, and their websites, links, offers, sites, products and services.

To the maximum extent permitted by applicable law, in no event shall the Owner or its Suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Owner or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Similarly, other states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

• “AS IS” and “AS AVAILABLE” Disclaimer. The Site is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Owner, on its own behalf and on behalf of its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Owner provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Owner nor any of the Owner’s Suppliers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Owner are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

• Reservation of Rights; Changes to these Terms. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effective immediately on posting.
• Governing Law . The laws of the State of Florida govern these Terms of Use. You hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of your use of the Site.
• Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
• Complete Agreement; Enforceability. These Terms of Use (and any other terms and conditions referenced herein) constitute the entire agreement between you and the Owner with respect to your use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Owner. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
• Contact Us . If you have any questions about these Terms of Use, you can contact us via the contact form on our website.

Advertising Disclosure Policy

The website located at https://luxuryyachtcharters.com (the “Site”) is a copyrighted work owned by The CKIM Group, Inc. (the “Owner” or We/Our) We provide services via the Site and certain associated applications (“Apps”) that inform users about travel, including travel products offered by airlines, cruise lines, tour operators, hotels, resorts, car rental companies and other travel industry vendors and service providers, (“Suppliers”) that We may sell to consumers. Our Apps also suggest travel products from Suppliers that may be preferred within our professional network. Our Site, the Apps, and all other websites, applications, widgets, e-mail notifications and other mediums through which you have accessed this Agreement (via desktop, mobile or other application) are collectively referred to as the “Services”. Services also include co-branded or white labeled versions of any of our websites, Apps, and other products. This means that we may, on occasion, receive referral fees or commissions from Suppliers whose products appear on our Site or associated Apps.

Because we may receive compensation from travel providers featured on our website, including compensation in the form of commission payments for bookings, the compensation received may influence the content on this site. That content may not always be identified as paid or sponsored content. However, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this site are purely our own, or of our guest writers, who at times may post their own opinions. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

The blog on our website does not contain any content which might present a conflict of interest.

We may receive compensation if you visit links through our website, or if you purchase products through affiliate links on our site. We greatly appreciate it when you choose to use our links to purchase travel products, or to connect to or book travel with companies with which we partner.

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Contact us to start a conversation about your dream vacation, and let us show you how we can help bring your vision to life through our exceptional yacht charter services.

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Terms and Conditions

Terms and conditions – elite yacht charters limited – luxury yacht hotel.

The terms and conditions set out below apply to all bookings made through eyc.gi and luxuryYachtHotel.com websites operated by Elite Yacht Charters Limited. Elite Yacht Charters Limited is part of the Big Boy Media Ltd group of companies, the parent of which is Big Boy Media Ltd (company number 4768408), whose registered office is at 10 The Precinct, Tunstall, Sunderland, Tyne and Wear, SR2 9DN, United Kingdom.  Hereafter the ‘Luxury Yacht Hotel’ refers to the name of our hotel – the Lady Anita M/Y Luxury Yacht Hotel, Gibraltar.

All prices shown online are for the docked yacht per night (unless otherwise stated).  Prices are not subject to Value Added Tax as the location of the service is in Gibraltar.

Prices are subject to change without notice. However, your price is guaranteed once you receive a booking reservation confirmation once a deposit or full payment has been paid. For the avoidance of doubt, prices do not include any incidental charges, which you may incur during your stay.

From 1st August 2022 the Gibraltar Government has announced a Sustainable Tourism Tax that applies to all guests at a cost of £3 per guest per night (for all adults and children 12yrs and over) which needs to be paid separately from accommodation fees and will be collected on arrival. Please visit the Gibraltar Government Tourism website for more details.

The prices shown online are not valid in conjunction with any other offer and until you have received your confirmation number.

AVAILABILITY

All prices shown are for exclusive use of the yacht, rooms will not be shared with other guests.

Availability of rooms at the rates shown online may be limited and/or restricted to certain periods, and are likely to change at short notice due to limited availability.

Children under the age of 12 can stay free of charge when sharing a room with a paying adult (where a suitable room is available), however the yacht has a normal maximum occupancy of 5 individuals in total, of which 4 adults maximum. The owners of the Luxury Yacht Hotel will determine whether a room is suitable for the purpose of this offer.

Children (under the age of 18) can only stay if accompanied by a parent or guardian. We request that children do not provide personal information, and should we receive it, we reserve the right to delete it.

Due to the nature of the vessel and facilities, adults are classed as those over 21 years at the time of arrival.

Please contact the hotel directly for more information relating to bookings with children.

SMOKING POLICY

Please note that the Luxury Yacht Hotel is a NON-SMOKING venue (£100 fine applies)

Pets are not permitted on the Luxury Yacht Hotel.

PARTIES AND OTHER GUESTS

Stag/Hen and other parties are strictly prohibited, and no other guests may be permitted on the yacht during your stay without the express permission in advance of the duty manager in writing.

DAMAGE OR LOSS OF PROPERTY

All damage must be reported to the Duty Manager or owners immediately, and cost of damage must be settled by guests before departure, the price of which will be decided by the owners of the Luxury Yacht Hotel. Indicative prices are provided in the guest handbook on board for blocked toilets, carpet stains and lost access keys.

All guests agree to abide by the rules contained in the guest handbook available on board; containing but not limited to three important house rules: no shoes to be worn inside the yacht’s main cabin (comprising saloon, galley, bedrooms and bathrooms); no toilet paper or other materials to be flushed down the marine toilets, and not to touch or remove covers from the cockpit navigation equipment.

CAR PARKING

The Marina does not offer free car parking, however a public car park is close by.  For information on parking options, please look at our FAQs section online for helpful advice.

ARRIVAL AND DEPARTURE

Your room and the yacht will be available from 2pm on the day of arrival. Please contact our team before arrival to inform us of your expected time of arrival, as our duty manager will need to meet you at the Marina and take you to the yacht, and advise on house rules and features for your stay.

Rooms and the Yacht must be vacated by 11am on the day of departure. All guests must agree a time for departure and wait for the Duty Manager so that the vessel can be inspected for damage, and keys and security passes returned.

Your room will be held for your arrival until 11.00am the morning following the first night of your reservation.

In the event of a non-arrival, we reserve the right to re-sell the room after 2pm the day following the first night of your reservation.

The Luxury Yacht Hotel offers two rooms, each of which has a double bed. Bookings are for the entirety of the yacht and you will not share with guests outside your party. There is additionally a sofa bed in the Main Cabin saloon area. We have a maximum of 4 adults that can comfortably be accommodated. Please ensure that your booking reflects your requirement.

DEPOSITS AND PRE-PAYMENTS

Deposits and pre-payments may be required for special rates featured online. Payment is taken from your credit or debit card at the time of booking (or shortly thereafter) if booked directly with luxuryyachthotel.com. See ‘Cancellations and Amendments’ below for details on cancellations.

For partner websites, pre-authorisation only may be taken on submitted debit or credit cards so that full payment needs to be taken when guests arrive at the hotel. Guests are advised to check if authorisation only (for cancellations or damage) or payment has already been taken from their account before their stay.

Deposits are non-refundable, however booking dates may be allowed to be changed at the discretion of the Luxury Yacht Hotel for a similar rate and if the dates are available, up to a maximum of one change, with at least 28 days notice required. Rooms at the Luxury Yacht Hotel are always for a minimum of two consecutive nights.

Important: Reservations need at least 24hrs notice.  For reservations made for the next day of arrival, a valid debit/credit card and photo identification will be required prior to check-in.

CANCELLATIONS AND AMENDMENTS

All cancellations and amendments must be made in accordance with our cancellation terms.

Guests booking rooms on our Standard Room Rate must notify our reservation team or the hotel of any cancellations by 2pm local time at least 28days prior to arrival. Cancellations after that time are non-refundable and non-transferable.

All rooms booked on a Promotional Advanced Purchase Rate are non-refundable and non-transferable at any time after the booking is made.

After check-in, the remaining part of all guest reservations is non-transferable and non-refundable.

Where a cancellation is not made in accordance with our cancellation terms, the payment taken for your reservation is forfeited and is not refundable.

Whilst every effort is made to fulfil any particular requests which you may have in relation to your stay with us, we cannot unfortunately guarantee that we will be able to meet any particular requests which you may make and our failure in this regard will not constitute a breach of contract.

In the unlikely event that we have to change or cancel your reservation, we reserve the right to do so. However, you have the right to:

– accept the changed arrangements as notified; or

– make alternative arrangements with us; or

– cancel your reservation and receive a full refund of any monies which you have paid to us in respect of your reservation (please note that we shall not be liable for any sums which you have paid to any other persons in connection with your reservation).

For the avoidance of doubt, we shall have no further liability to you for any changes to or the cancellation of any online booking.

COMPLAINTS OR COMMENTS

We take our guest satisfaction very seriously. Any complaint or comment regarding a stay at the Luxury Yacht Hotel should be made in the first instance to the hotel’s duty manager at the time of your stay so that we can attempt to resolve it immediately.

Problems which cannot be resolved there and then should be notified by email to [email protected]

GENERAL INFORMATION

We are responsible for losses you suffer as a result of Elite Yacht Charters Limited breaching the Terms & Conditions if the losses are a foreseeable consequence of Elite Yacht Charters Limited’s breach and no more than two times the fee payable in respect of your stay. Losses are foreseeable where you and/or Elite Yacht Charters Limited could contemplate them at the time our agreement was formed. Elite Yacht Charters Limited is not responsible for indirect losses that are not foreseeable by you or Elite Yacht Charters Limited (such as loss of profits or loss of opportunity).

Whilst we make every effort to ensure that the material contained on the company website is accurate, we do not warrant or represent its accuracy and disclaim to the maximum extent permitted by law all warranties expressed or implied by statute, custom or usage relating to the information contained in the website.

We may retain your credit or debit card details and you consent to us debiting such amounts for which you are responsible as a result of any damage caused to the vessel and items contained therein during your stay. These amounts may be debited from your card without prior notification.

We shall have no responsibility for any property left in or damaged as a result of your stay at the Luxury Yacht Hotel.

The laws of England and Wales shall apply to the Luxury Yacht Hotel website and the Terms and Conditions and court proceedings relating thereto may only be commenced in England and Wales.

TRADE MARKS

The material on the Luxury Yacht Hotel website is the copyright of Elite Yacht Charters Limited and Big Boy Media Ltd. You may download or use the material on the website for your own non-commercial, private use. Otherwise, the material may not be reproduced, published, distributed, amended, downloaded or otherwise used unless you have obtained Elite Yacht Charters Limited’s express permission.

Privacy Overview

Emerald Cruises’ terms & conditions 

See below for our terms & conditions and helpful information regarding your cruise. 

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Emerald Cruises is a brand owned and operated by ST Touring Canada Limited. Any reference to Emerald Cruises herein refers to ST Touring Canada Limited. By booking a tour, cruise or other vacation package sold by Emerald Cruises, and paying the booking deposit, you are agreeing to these terms and conditions, which creates a binding contract between Emerald Cruises and You, the customer. Please read this contract carefully, as it contains important terms and conditions including, without limitation, penalties for cancellation and specific limitations on Emerald Cruises’ liability and that of its affiliates and other third parties.  Looking for terms & conditions for travelling with Emerald Cruises? 

Below is a list of general booking terms & conditions for each brochure.  European River Cruise Booking Conditions 

2023 Europe River Cruise Booking Conditions  2024 Europe River Cruise Booking Conditions 

Southeast Asia Booking Conditions  

2023/2024 Southeast Asia Booking Conditions 

2024/2025 Southeast Asia Booking Conditions

Yacht Cruise Booking Conditions 

2023/2024 Luxury Yacht Cruises Booking Conditions 

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• Offer & Package
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• Deluxe City View
• Deluxe Sea View
• Executive City View
• Executive Sea View
• The Admiral Penthouse
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• The Admirals

TERMS AND CONDITIONS

All reservations will be treated as provisional pending receipt of a non-refundable/non-transferable deposit. In paying, by credit or debit card, by bank transfer or cheque, you are entering into a contract and accepting our Terms and Conditions. The deposit in advance may be the cost of the first night’s stay or the amount in full. The Yacht Hotel may require the balance of payment in full upon arrival. Cheques must be presented in good time for clearance and are NOT accepted on arrival or departure.

VAT will be charged at the prevailing rate at the time of payment and The Yacht Hotel reserves the right to amend prices accordingly.

• Amendment to an existing booking may incur a charge per room, per amendment.
• All booking amendments must be made in writing.
• No refunds are given for guests who do not stay the full duration of their holiday.
• Deposits are strictly non-refundable but may be transferred to a future booking at the Manager’s discretion.
• We reserve the right to refuse any booking.
• We reserve the right to change any pricing with the exception of confirmed bookings.
• All prices shown are based on two adults sharing a room and are subject to availability.
• Upon arrival a pre-authorization against a credit/debit card is taken.
• Regrettably, pets are not allowed in the hotel.
• No refunds given for dinners not taken when reservation on dinner/bed/breakfast basis.
• Most major credit cards accepted. Cheque payments – see above
• Rooms will be charged for unless vacated by 12.00 pm on the day of departure.
• Rooms are usually ready for occupation from 2.00 pm.
• Please advise us if your arrival time is likely to be after 5.00pm.
• The Yacht Hotel accepts no responsibility for any property damaged or lost within the Hotel unless it has been deposited at Reception for safe keeping.
• The Yacht Hotel does not accept liability for any loss or damage to vehicles left on the Hotel’s property.
• Smoking is not permitted within any of the rooms at The Yacht Hotel. Should this be disregarded, a deep-cleaning charge will be charged.
• The Yacht Hotel cannot be held responsible for failure of public services, electricity, water, etc.) or any disturbance beyond its control. In all cases, with the exception of personal injury or death, our liability to you for the total of all claims arising from your stay/visit with us, is limited to the cost of the booking.
• Disability Awareness: please advise Reception of any disabilities or special requirements.
• Threatening, offensive or illegal behavior will not be tolerated.
• We reserve the right to recover any losses due to damage caused to the The Yacht Hotel’s property, fixtures, fittings and flood damage.

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Yacht Hotel 17 Admiralty Road Off Admiralty Way, Lekki Phase 1. Lagos. Nigeria

Front Desk: +234 (817) 003 3228 [email protected]

Reservations: +234 (817) 003 3229 [email protected]

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Terms and conditions.

These are the terms and conditions that apply when you reserve a room at Sunborn Yacht London.

You will be asked to confirm your acceptance of these terms and conditions when you make a reservation.

We reserve the right to amend these terms and conditions at any time and you should therefore check them each time you make a reservation. The terms and conditions applying to your reservation will be those in place on the date that you make your reservation.

Additional terms apply to your use of our digital channels whether or not you make a reservation through them. These are published on the relevant digital channel.

Reservations

To reserve your room please follow the instructions on the website, mobile site or app (as applicable).

You must be at least 18 years old to make a reservation.

You will need to provide a pre-payment by your credit or debit card

to secure your reservation. Sunborn Yacht London accepts Visa, MasterCard, American Express and Diners Club.

Please check that the details of your reservation are complete and accurate before you confirm your reservation. We will not be liable for any delay or non-performance if you provide us with incorrect information.

Free Cancellation Rate:  Payment in full is required at the time of booking. Please see Cancellation s for full rate restrictions.

Non-Refundable Rate:   Payment in full is required at the time of booking. Please see Cancellations for full rate restrictions.

The maximum room occupancy is two adults. Family rooms (where available) can accommodate two adults and two children (under the age of 16). You must not exceed the maximum occupancy for the room allocated to you. We reserve the right to conduct checks on occupancy. Occupancy is not transferable.

Children under 18 are not permitted to stay at Sunborn Yacht London unless a parent or guardian is also staying in the hotel. We reserve the right to request valid photographic proof of identity and age, so please bring this with you otherwise where requested you will not be permitted to stay.

Special requests

Although Sunborn Yacht London will try to accommodate special requests, all rooms are subject to availability.

You may add breakfast and/or a meal deal (where available) when you make your reservation.

The ‘Kids eat free’ breakfast offer is for one breakfast per child in the hotel restaurant. The offer does not apply to the Grab & Go breakfast or breakfast box (where offered). Up to a maximum of two children under the age of 16 can eat free per adult purchasing a full breakfast.

Cancellations

Free Cancellation Rates  room bookings may be cancelled before 2pm United Kingdom (UK) time on the day prior to arrival. If you cancel your reservation before 2pm on the day prior to arrival and have paid for the room in advance by debit/credit card, a full refund will be processed to the same debit/credit card. It may take a few days for the funds to reach your account. A cancellation reference will be given and should be retained as proof of cancellation.

If you cancel a reservation after 2pm UK time on the day prior to arrival (including any “no show”) you will be charged a cancellation charge equivalent to one night’s total accommodation per room booked and for any meals and other extras booked for the first night of your stay (for example dinner, breakfast (the following morning). A cancellation reference will be given and should be retained as proof of cancellation.

If you decide to shorten your stay you must inform reception at Sunborn Yacht London by 2pm UK time on the day prior day you wish to check out. Otherwise, you will be charged a cancellation charge equivalent to one night’s total accommodation per room booked and for any meals and other extras booked for the following day. Such cancellation charge is to compensate the hotel for the late cancellation and is not for any service.

The first night of any booking made after 2pm UK time on the day prior to arrival and the cost of any meals and other extras booked for the following day is non-refundable in the event of a cancellation (including any “no show”). Non-Refundable Rates  bookings are fully non-refundable including any associated meals and/or additional extras.

Our right to cancel

Your breach

We may cancel your reservation at any time with immediate effect by giving you written notice (which includes email) if:

• you do not pay us when you are required to do so; or
• you break the contract between us in any way.

If we cancel your reservation where you are at fault, we reserve our legal rights in respect of your breach of contract. Where your stay had/has not yet commenced, the total payment made or to be made by you for such room shall be deemed a cancellation charge and is not for any service.

Events outside our control

We may also cancel your reservation if an event outside of our control (including industrial action, explosion, outbreak of disease, health and safety issues, fire, flooding, and failure of power and/or water supplies or emergency evacuation) means that we are unable to make your room available to you. In this case we will contact you to let you know as soon as possible and:

• if you have already paid for your room, we will refund your payment to you; or
• if you have not yet paid for your room, you will not have to make any payment to us.

Save as set out above, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an event outside of our control. This does not affect your statutory rights.

Arrival and departure

  Rooms are available from 3pm on the arrival date.

Rooms must be vacated by 11am on the day of departure. Failure to leave your room by this time may result in a late check-out charge.

A £40.00 per day pre-authorization will be taken on your credit / debit card or GBP 100 in cash upon check in for extra charges or room damage during your stay. This pre-authorisation is being released in 2-3 working days for credit cards and in up to 10 working days for debit cards depending on your bank’s policy.

Sunborn Yacht London expectations of you (and your group)

You must not:

• smoke anywhere inside Sunborn Yacht London. This includes the smoking of e-cigarettes. Permitted smoking areas will be identified on site. Smoking on Sunborn Yacht London outside of the designated smoking area will result in a £250.00 fine;
• cause any health and safety hazard to any of our team members or any of our guests;
• bring any pets onto Sunborn Yacht London, with the exception of assistance dogs;
• bring any potentially dangerous or hazardous materials or equipment onto Sunborn Yacht London;
• use any electrical appliances that may set off the fire alarm system, such as toasters, mini cookers or portable grills;
• tamper with any fire alarms or emergency equipment;
• utilise Sunborn Yacht London rooms to store items (personal or otherwise) which could in the sole opinion of Sunborn Yacht London cause damage to the room, or be a risk to the health and safety of staff or property;
• prevent Sunborn Yacht London management, housekeeping and/or maintenance staff from access to your Sunborn Yacht London room(s) as and when required by Sunborn Yacht London, with housekeeping permitted full access at least once every two days;
• remove, damage or destroy any Sunborn Yacht London property;
• use any of the technology provided by Sunborn Yacht London to download or access any unlawful or obscene material; orcause unreasonable disturbance to our other guests or any Sunborn Yacht London staff.

If you or your group cause damage or loss of any kind to the hotel, other guests or their property, you (as the person making the booking) will be responsible for that damage or loss and you shall be liable to pay to Sunborn Yacht London on demand the amount required to make good or remedy such damage or loss.

You and the members of your group must not resell or transfer your reservation (or any part of it) nor advertise, market or otherwise offer any Sunborn Yacht London room for sale either on its own or as part of a combined offer. Sunborn Yacht London will not honour any reservations made in this way and does not accept any liability for doing so. If you are a Tour Operator and wish to book rooms at a Sunborn Yacht London hotel you should contact [email protected]

If you or your group cause damage to the hotel, other guests or their property, or otherwise breach any of these terms and conditions, Sunborn Yacht London reserves the right to:

• cancel your reservation with immediate effect and (if appropriate) eject you from Sunborn Yacht London;
• cancel key cards;
• restrict access to the hotel;
• remove your items from the room and hotel, disposing of such items (at no cost and no liability) to a local charity to the extent such items are not collected from us within 7 days of removal;
• retain all sums paid by you and/or charge you the full amount of your reservation; and/or
• refuse future reservations from you and/or refuse you entry or accommodation at any of our hotels.

Sunborn Yacht London will not be liable for any refund or compensation in such circumstances.

Sunborn Yacht London reserves the right to decline or cancel reservations made and stays in progress by those who have previously breached these terms and conditions (as may be updated from time to time), whether the reservation is in that name or not.

We reserve the right to:

• change your room allocation and/or hotel location at any point during your stay for any reason; or
• cancel any booking(s) due to health and safety concerns or full or partial closure of the hotel. In the event we have to cancel your booking(s) we will attempt to notify you and a full refund will be processed to the same debit/credit card, though it may take a few days for the funds to reach your account.

Please see our  Frequent Asked Questions for further information about your stay at Sunborn Yacht London.

Your information

We keep your personal data safe and secure. Full details about how we use your data are set out in our  Privacy Notice  (click link for further details). Similar to other commercial websites, this website and the System utilises a standard technology called cookies and web server logs to collect information about how the website and/or the System is used and how to improve them. Further details can be found in our Cookie Notice. By providing information about you and your booking group (as outlined in the Privacy Notice) when making a reservation, you consent (on your behalf and on behalf of each member of your group) to such processing and you warrant that all information provided by you is accurate.

The contract

This contract formed when we confirm your reservation is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Your rights

If you are a non-business customer you have certain rights under consumer protection legislation. Nothing in these terms and conditions is intended to affect those rights.

Our liability

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

We do not accept liability for failure to meet any of our obligations where such failure is due to events beyond our reasonable control.

If we breach these terms and conditions for reasons within our control we shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such breach.

Save as prohibited by applicable law, we shall not be liable whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way, for any indirect or consequential losses including:

• loss of income, sales or revenue;
• loss of business;
• business interruption;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of reputation and/or goodwill; or
• wasted management or office time.

Where we are liable to you (save as prohibited by applicable law) our maximum liability to you whether in contract, tort (including negligence) or for breach of statutory duty shall in no event exceed the price of your reservation unless the Hotel Proprietor’s Act 1956 applies, in which case our liability will be limited to the maximum prescribed under that Act.

Applicable law

These terms and conditions, their subject matter and formation (and any non-contractual disputes or claims) are governed by and construed in accordance with English law.

If you are a consumer you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any claim arising from, or related to, your reservation and/or stay at any Sunborn Yacht London hotels. We retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are making a business reservation, you and we agree that the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to your reservation and/or stay at any Sunborn Yacht London hotel.

Severability

If any part of these terms and conditions is deemed invalid, illegal or for any reason unenforceable then that part will be deemed deleted and will not affect the validity and enforceability of the remaining parts. Any failure by us to enforce our rights or remedies under these terms and conditions or otherwise shall not be construed as a waiver by us of those or any other rights or remedies.

All rights not expressly granted in these terms and conditions are reserved.

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Conference & Event Reservations

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Terms & Conditions: Emerald Cruises

See below for our terms & conditions and helpful information regarding your cruise. 

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1.1. These terms and conditions (“Conditions”) and any Operator Conditions, Destination-Specific Terms and other additional terms and conditions applicable to a special offer or promotion, and/or, depending on Your Journey, ancillary documents (together with the Conditions, the “Contract”) form the basis of the agreement between You and Scenic Tours (USA), Inc. d/b/a Emerald Cruises (“Emerald Cruises”, “We”, “Us” or “Our”). It is important that You read the Contract carefully to ensure that You understand Your rights and obligations. 

1.2. 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 to Us. If You do not understand and accept the 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. 

1.3. 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 the Conditions. Each reference to “You”, “Your”, “Guest” or “Passenger” means the person who makes the Booking and each other person covered by the Booking. 

1.4.  Your Itinerary does not form part of the Contract. 

1.5. If Your Journey includes a Cruise, Your transportation on any cruise vessel during Your Journey, will also be subject to any Operator Conditions. Although the Operator may be related to Us, it is a separate legal entity and business and You will enter a separate contract (based on the Operator Conditions) with each Operator. The Operator Conditions are published on Our Website and are also available on request by contacting Our team at the Customer Service Contact Address. It is important that You read the Operator Conditions carefully to ensure that You understand Your rights and obligations under them. You confirm Your understanding and acceptance of the Operator Conditions by paying Your Booking Deposit or otherwise paying any part of Your Journey Price to Us.  1.6. 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 coverage for loss of luggage, medical expenses and costs and expenses incurred due to cancellations, delays or other disruptions. 

2. Definitions  2.1.  In these Conditions, the following words and expressions have the following meanings:  (a) “Booking” means the booking You have made with Us for Your Journey.  (b) “Booking Deposit” means a booking deposit equal to 20% of Your Journey Price or in such other amount which We have notified You at the time You make 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 14.1 of these Conditions.  (h) “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.  (i) “Drone” means an unmanned aerial vehicle or UAV, being an aircraft of any size that operates without a pilot on board.  (j)  “Flexible Booking Plan” or “Cancellation Penalty Relief Program” means Our deposit and payment protection plans as set out on Our Website and referred to in clause 13.6 & 13.7 of these Conditions.  (k) “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 or pandemics, industrial disputes, slow-downs or other strike activities, political unrest, pirating, riots or civil disturbances, prohibitions or acts of Federal, State, Territory, or Local government or, quasi-governmental bodies or other authorities (including, in each case, their duly constituted or appointed agents), inability to obtain any necessary license 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 states of the United States or Territory, or other disruption to the Journey beyond Our control.  (l) “Future Travel Credit” means a credit issued by Us to You if We cancel Your Booking as a result of the occurrence of a Force Majeure Event pursuant to clause 5.4 of these Conditions which may be redeemed against a future booking in accordance with clause 5.4(c).  (m) “Guest Contact Details” means the contact details which You have provided to Us at the time of making Your Booking, as amended by any written notice We receive from You from time to time in accordance with clause 14.1 of these Conditions.  (n) “Itinerary” means the itinerary for Your Journey issued by Us, subject to any amendments made by Us from time to time in accordance with the Contract.  (o) “Journey” means a journey or journey package offered or provided by Us.  (p) “Journey Brochure” means the brochure for Your Journey published by Us in hard copy or electronically and includes any amendments notified on Our Website from time to time.  (q) “Journey Departure Date” means the scheduled departure date for the Journey expressly listed in Your Itinerary.  (r) “Journey Price” means the total cost of Your Journey, including the Booking Deposit.  (s) “Operator” means the owner or operator of a Cruise vessel, who is a separate legal entity and business, whether or not related to or affiliated with Us.  (t) “Passenger Ticket Terms and Conditions” means the Operator’s conditions of carriage for a Cruise vessel, which are available on Our Website and otherwise made available upon written request to Us.  (u) “Personal Information” means information about You and any other person for whom You make a Booking, including name, address, phone number and other contact details, next of kin, passport number, credit or debit card details, health-related information, needs, dietary requirements and any disabilities or other special requirements.  (v) “Service Provider” means any third-party independent contractor engaged by Us to provide a Journey or any part of a Journey including, without limitation, an Operator.  (w) “Tour Director” means any person designated by Us as the Tour Director for Your Journey.  (x) “Website” means the Emerald Cruises website at www.emeraldcruises.com.  (y) “Your Journey” means the Journey You have booked with Us, as expressly listed in Your Itinerary. 

3. Booking and Payment  3.1.  Your Booking will be confirmed and deemed to have been made only when We have received: (a) Your Booking Deposit; or (b) if Your Booking is made 90 days or less before the Journey Departure Date, the Journey Price and all other amounts payable under the Contract.  3.2. Except as indicated in clause 3.8, We will notify You of the Journey Price and provide You with Your Itinerary at the time of making Your Booking.  3.3. Unless otherwise agreed to in writing by Us, Your Booking Deposit must be paid to Us within 7 days of making Your Booking. We reserve the right to automatically cancel Your Booking without further notice to You if We have not received Your Booking Deposit in accordance with this clause 3.3.  3.4. You may make a Booking directly with Us or through a travel agent. If You have made Your Booking through a travel agent, Your travel agent should forward Your Journey Price and all other payments required under the Contract to Us on Your behalf. Payments by You to Your travel agent are not considered to be payments by You to Us. We will consider payment to have been received by Us only when We receive payment from Your travel agent on your behalf.  3.5. Any accommodation, sightseeing or flights We book for You separately from those expressly listed in Your Itinerary are not included in the Journey Price and You must pay any and all costs and deposits for such additional services separately from the Booking Deposit and Journey Price at which time We notify You at or before You make Your Booking. Any requests for such additional services will not be processed until Your Booking Deposit is paid in full.  3.6. We may, in Our sole discretion, require payment of an additional deposit for special offers before the balance of the Journey Price is due. We will notify You of any such requirement before You complete Your Booking and will confirm the payment details when We confirm Your Booking. Failure to pay the required additional deposit to Us for any special offer may result in Your ineligibility for such special offer.  3.7. Except as required by law or in accordance with the Flexible Booking Plan or Cancellation Penalty Relief Plan, Booking Deposits are not refundable and are not transferable to other Journeys or Bookings.  3.8. If You make Your Booking within 90 days of Your Journey Departure Date, You must pay Your Booking Deposit to Us before We can process Your Booking and confirm Your Journey Price. We will notify You or Your travel agent of the Journey Price promptly after We have calculated it. Your Booking is not confirmed and deemed to have been made until We have received the Journey Price. If we do not receive Your Journey Price or You do not confirm Your acceptance of the Journey Price in writing within 7 days of the date We notify You of such amount, You will be deemed to have rejected the Journey Price. If You notify Us that You have rejected Your Journey Price or if You are deemed to have rejected Your Journey Price, We will cancel Your Booking and refund Your Booking Deposit. If You accept Your Journey Price, You must pay the outstanding balance of Your Journey Price to Us within 7 days of Us notifying You of the Journey Price, or We reserve the right to cancel Your Booking and retain Your Booking Deposit.   3.9. If You make Your Booking 91 days or more prior to Your Journey Departure Date, You must pay to Us the balance of the Journey Price and all other amounts payable under the Contract no later than 90 days before the Journey Departure Date.   3.10. If You wish to change any incidental component of Your Booking, such as any pre or post-Journey accommodation or add-ons, You must contact Us. We may accept or reject Your request at Our absolute discretion and if We accept, You must pay a change fee to Us for each change in accordance with clause 4.6(b) of these Conditions and any additional costs resulting from the change. Additional costs may include, without limitation, additional overnight accommodation required as a result of any change to Your flights.  3.11. You may cancel Your Booking by sending Us written notice of cancellation to the Customer Service Contact Address. If You cancel Your Booking, You will be liable to pay a cancellation fee to Us in accordance with clause 4.7 of these Conditions.  3.12. A name change for a Guest or a change to the Journey Departure Date is considered a cancellation of the original Booking and You will be liable to pay a cancellation fee to Us in accordance with clause 4.7 of these conditions. 

4. Prices, Inclusions and Fees  4.1.  All Journey Prices are quoted in United States Dollars.  4.2.  If You pay Us by credit card a surcharge may be added, please inquire for details. There is no surcharge for payments made by cash, check or direct transfer to Our nominated bank account.  4.3. Your Journey Price includes the following costs and expenses as expressly listed in Your Itinerary as an inclusion: (a) all coach, rail and Cruise travel; (b) the services of a Cruise Director and/or Tour Director; (c) meals and drinks; (d) accommodations; (e) sightseeing and admissions; (f) port charges; (g) all onboard gratuities and tipping; and (h) any other specific inclusions expressly listed in Your Itinerary.   4.4. Unless expressly listed in Your Itinerary as an inclusion, Your Journey Price does not include the following costs and expenses: (a) airfares, including any flight connections; (b) airline taxes; (c) shore excursions on ocean Cruises; (d) additional optional activities or excursions; (e) accommodation upgrades; (f) meals and drinks; (g) laundry; (h) passport fees; (i) visas; (j) vaccinations; (k) medical assistance; (l) government taxes and charges (excluding GST); (m) overnight accommodation prior to Your Journey Departure Date; (n) any items or expenses of a personal nature; or (o) any other costs or expenses not expressly listed as an inclusion in Your Itinerary.  4.5. We reserve the right not to honor any published prices that We determine were erroneous due to printing, electronic, clerical, or other error. If You make a Booking based on erroneous pricing, We reserve the right to offer You the option of (a) cancelling the Booking and receiving a refund of any amount paid by You to Us for the cancelled Booking or (b) confirming the Booking by paying the difference between the erroneous price and the correct price, as determined by Us.  4.6. The following fees are payable in addition to the Journey Price: (a) If You make Your Booking 21 days or less before the Journey Departure Date, You must pay a late booking fee of $50.00 per Booking; (b) If You change Your Booking, other than by varying the Journey Departure Date or the name of a Guest, You must pay a change fee of $50.00 per Booking. These fees are on account of administrative expenses incurred by Us in changing Your Booking and is a genuine and reasonable estimate of Our costs and expenses.  4.7. If You cancel Your Booking for any reason prior to Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable for the following cancellation fee:  Days of Notice prior to Journey Departure Date Cancellation Fee (per Guest) 120 days and over Loss of Booking Deposit 119 to 91 days 50% of Journey Price 90 or less 100% of Journey Price You may also be liable for cancellation fees to airlines and other third parties.

4.8. If using a Future Travel Credit to make Your Booking and You cancel Your Booking for any reason more than 90 days prior to Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable for a cancellation fee in an amount equal to 100% of Your Journey Price and we will issue You with a Future Travel Credit for such amount which must be used within 24 months of the date of cancellation, regardless of when You notify us. If the Future Travel Credit is not used within such 24-month period, the full amount of the Future Travel Credit will be forfeited. You may also be liable for paying cancellation fees to airlines and other third parties.  4.9. If using a Future Travel Credit to make Your Booking and You cancel Your Booking for any reason within 90 days of Your Journey Departure Date (including by changing Your Journey Departure Date or the name of a Guest), You will be liable for a cancellation fee in an amount equal to 100% of Your Journey Price and will forfeit the Future Travel Credit used to make Your Booking, regardless of when You notify Us. You may also be liable for paying cancellation fees to airlines and other third parties.  4.10. We may vary Your Journey Price at any time before We have received the Journey Price in full from You or Your travel agent to the extent necessary to meet any increase in the Journey costs for reasons outside Our control, including, without limitation, airfares, fuel, government taxes and charges, exchange rate fluctuations or other Journey related costs or tariffs. We will notify You of any such variation using the Guest Contact Details. We will not vary the Journey Price after We have received the total Journey Price from You or Your travel agent, regardless of any increases in the costs incurred by Us.  4.11. You are responsible for and must pay for all costs and expenses incurred by You as a result of any change made by You to Your Itinerary after Your Journey Departure Date. This includes, without limitation, changes due to illness or other personal reasons. 

5. Cancellation, Delays and Changes to Your Itinerary  5.1.  Your Booking is conditional on Us receiving a minimum number of Journey passenger bookings to operate the Journey and so We can ensure an enjoyable group atmosphere. Where sufficient numbers are not or cannot be achieved, in Our sole discretion, We may cancel or delay a scheduled Journey or Journey Departure Date.  5.2. We will use commercially reasonable efforts to make any decision to cancel or delay a Journey, and to notify You of that decision, at least 60 days prior to the scheduled Journey Departure Date.  5.3. The following terms apply in the event We cancel or delay the departure of a Journey by 7 days or more before the Journey Departure Date for any reason other than a cancellation due to or as a result of the occurrence of a Force Majeure Event: (a) We will use commercially reasonable efforts to offer You the closest available Journey departure. If the proposed alternative Journey: (i) costs less than Your original Journey Price, We will refund the difference to You; or (ii) costs more than Your original Journey Price, You must pay the difference to Us; (b) if You accept the proposed alternative Journey, Your Itinerary will be amended accordingly and We will give You an updated Itinerary; (c) if You do not accept the proposed alternative Journey within 7 days of being notified by Us of the alternative, We will cancel Your Booking and terminate the Contract, refund to You all monies paid directly to Us and will have no further liability to You; and (d) We are not liable for any third-party costs You may incur, which We have not booked on Your behalf, including, but not limited to, airfares or other arrangements booked independently through or paid to a travel agent.  5.4. The following terms apply in the event of a cancellation of a Journey by Us due to or as a result of the occurrence of a Force Majeure Event:  (a) If We cancel the departure of a Journey prior to the Departure Date due to or as a result of the occurrence of a Force Majeure Event, We will cancel Your Booking and terminate the Contract. Although You will not be entitled to receive a refund of any amounts paid to Us, We will issue You a Future Travel Credit equal to the amount You have paid directly to Us for the cancelled Booking. If You are entitled to a Future Travel Credit pursuant this clause 5.4(a), the following additional terms apply: (i) You may apply the Future Travel Credit towards any future booking for a Journey with a Journey Departure Date within 24 months after the date on which We cancel Your Booking subject to availability and any Future Travel Credit capacity limits applicable to Your selected Journey or Cruise; (ii) the Future Travel Credit can only be applied to available ocean and river cruises within the Scenic Group (Scenic Luxury Cruises & Tours, Emerald Cruises and Evergreen Cruises & Tours); (iii) You may, with Our prior written consent, which We will not unreasonably withhold, transfer the Future Travel Credit to another person to apply towards any future booking for a Journey with a Journey Departure Date within 24 months after the date on which We cancel Your Booking; (iv) the Future Travel Credit cannot be applied against products, services, or upgrades provided by third-parties or Service Providers in conjunction with the applicable Journey itinerary; (v) the Future Travel Credit is not redeemable in whole or in part for cash and will expire to the extent not used timely in accordance with these Conditions; and (vi) You (or the person to whom the Future Travel Credit is transferred) must pay any shortfall between the value of the Future Travel Credit and the Journey Price for the new Booking in accordance with the then applicable Conditions for the new Booking. (b) If We cancel a Journey after the applicable Journey Departure Date due to a Force Majeure Event, You will not be entitled to any refunds or Future Travel Credits for all or any portion of the cancelled Booking.  5.5. We will use commercially reasonable efforts to provide the Journey You have booked in accordance with Your Itinerary. However, due to the nature of travel, it may not always be possible for Us to adhere strictly to Your Itinerary and We or the Operator may need to make alterations to the Journey or Your Itinerary, before or after the commencement of the Journey. Where, due to circumstances outside of Our or the Operator’s control, We or the Operator are unable to provide the Journey in accordance with Your Itinerary, We will use commercially reasonable efforts to: (a) give You reasonable notice of any alterations, but there may be circumstances beyond Our control in which alterations will be required with little, or no, advance notice; and (b) provide or arrange appropriate alternative activities, transport and accommodation, as required.  5.6. The circumstances in which Your Itinerary or the Journey may be altered include, without limitation: (a) tidal waters or high or low water levels in any ocean or sea, river, canal, bay, cove or port; (b) port closures or port restrictions due to weather or other operational reasons (c) lock closures, unscheduled vessel maintenance or other operational reasons; (d) road, ocean, river, ice or weather conditions; (e)  national or local holidays affecting the closure of public buildings or attractions; (f) Force Majeure Events; (g) emergency events, accidents, injuries or other incidents involving You or other passengers; and (h) any other event beyond Our control.  5.7. Alterations to Your Itinerary or the Journey may include, without limitation: (a) substitution of vessels for part or the whole of a Journey; (b) cabin changes on a vessel; (c)  substitution of another port or anchor location; (d) additional embarkations and disembarkations; (e)  substitution of alternate transportation, including the use of motor coaches; (f) substitution of hotel accommodation for accommodation on a vessel; (g) alterations to arrival and departure times; (h) alterations to sightseeing activities; and (i) reductions or increases in the time spent at a location.  5.8. If We or the Operator substitute any vessel, motor coach or accommodation under this clause 5, We or they will use commercially reasonable efforts to provide You with a substitution of equivalent specification or quality, in Our sole discretion, provided that some services and facilities may not be available for all substitute arrangements.  5.9. You will be notified of any changes to Your Itinerary: (a) if prior to Your Journey Departure Date, by phone, email or mail using the Guest Contact Details or via Your travel agent; or (b) if during Your Journey, by Your Cruise Director or Tour Director. 

5.10. To the maximum extent permitted by law, You agree that We are not liable to You for, and You release Us from, any cost, claim, loss, damage or expense whatsoever arising either directly or indirectly in connection with any alteration to Your Itinerary or substitution carried out in accordance with this clause 5, including without limitation any: (a) claim for distress, disappointment or loss of enjoyment arising from the alteration; (b) additional personal expenses incurred by You, such as for food, beverages and personal items; or (c) costs associated with any other travel arrangements affected by the alterations or substitutions, including any costs and expenses incurred by You for cancelling or changing those other arrangements or arising from a failure to meet a connection. 

6. Your Journey Obligations   6.1.  For the comfort and safety of You and Your fellow passengers and other people, You must follow the Captain’s, Tour Director’s, and Cruise Director’s instructions at all times.  6.2. If We, the Captain or Cruise Director, the Tour Director or Our staff or any Service Provider believe You are negatively affecting Your own health, safety or enjoyment, or that of other passengers, including by refusing to comply with instructions of the Captain or the Cruise Director, the Tour Director, Our staff or any Service Provider, We may terminate the Contract and remove You from the Journey with immediate effect. If it is reasonably practicable to do so, in Our sole discretion, the Captain, Cruise Director, Tour Director, or Our staff will provide a warning to You and allow You an opportunity to rectify Your behavior before We remove You from the Journey.  6.3. If You are withdrawn from the Journey, You must make Your own travel and other arrangements at Your own expense and We are not liable to You for any loss, cost or damage You may suffer or incur. 

6.4. You must have a valid passport with an expiration date of at least six (6) months after the last scheduled day of Your Journey.  6.5. You must ensure that You obtain prior to the Journey Departure Date all required entry visas for all countries to be visited during the Journey, as failure to obtain correct documentation may affect Your participation in certain shore excursions and entry to certain countries during the Journey.  6.6. If You do not have the correct visa or other documentation necessary to enter a country or participate in any aspect of a Journey (“Documentation”): (a) You will not be entitled to any refund or credit for all or any portion of the Journey Price; and (b) You will be solely responsible for any costs You incur as a result of Your failure to obtain and/or possess the required Documentation, including, without limitation, any costs associated with exiting or re-joining the Journey.  6.7. If You are unhappy with something that does or does not happen on Your Journey, You must first use all reasonable efforts to negotiate with Us in good faith to settle the dispute before commencing proceedings in any court or tribunal. In the first instance You should raise Your concern with the Tour Director or the Cruise Director as soon as reasonably practicable, as it may be possible for them to take steps to resolve Your concern with minimal delay. 

7. Notification of General Risks  7.1. You acknowledge and agree that there are general risks associated with travelling, which are beyond Our control and We are not liable to You for any loss, cost or damage You may incur as a result of these general risks. Such general risks include, without limitation: (a) Journey variations or interruptions caused by road, river, ocean or sea, ice or weather conditions; national or local holidays affecting the closure of public buildings and attractions; Force Majeure Events; tidal water levels, high water levels; low water levels; flooding; unfavorable ice, or weather conditions; port or lock closures; unscheduled vessel or vehicle maintenance; or any unforeseen events or emergency situations (b) changes to the Journey and Your Itinerary in the circumstances described in clause 5.6 of these Conditions; (c) forces of nature; illness; flight schedule changes or cancellations; loss of luggage; epidemics or pandemics; political unrest; accidents; acts of terrorism or other criminal acts; changes to government visa or travel requirements; or (d) other circumstances beyond Our control.  7.2. You must make Your own inquiries regarding Your Journey, including without limitation being aware of any relevant governmental travel safety warnings. 

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY  8.1. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIM ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH REGARD TO THE JOURNEY OR ANY OF OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING  FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OR ANY IMPLIED WARRANTIES PERTAINING TO TITLE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT YOUR JOURNEY WILL BE WITHOUT DELAY, INTERRUPTION OR CHANGE.  8.2. You acknowledge and agree that We accept no responsibility and will not be liable to You (or any third party) for any loss, cost or damage (including loss of enjoyment) suffered directly or indirectly in connection with: (a) any Journey risks or other aspects of the Journey whether or not disclosed to You in the Contract; (b) any change to Your Itinerary or delays in departure or arrival times of aircraft, vessels or otherwise during the conduct of the Journey; (c) any loss or damage to Your baggage or belongings; (d) any personal injury or death resulting from the acts or omissions or negligence of any Service Providers or other third parties providing goods or services to You during the Journey, including air carriers, hotels, shore excursion operators, restaurateurs, transportation providers and medical personnel; or (e) any disappointment or loss of enjoyment due to circumstances outlined in the Contract or otherwise beyond Our control.  8.3. NOTWITHSTANDING ANY OTHER PROVISION OF THE CONTRACT, AND TO THE EXTENT PERMITTED BY LAW, OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY (INCLUDING ANY CLAIMS OF NEGLIGENCE BY US) IS LIMITED TO THE JOURNEY PRICE YOU HAVE PAID TO US.  8.4. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER WE NOR OUR SERVICE PROVIDERS OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT AND/OR CONSEQUENTIAL  DAMAGES OF ANY KIND, RESULTING FROM OUR OR THEIR PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS CONTRACT OR ANY OTHER AGREEMENT OR DOCUMENTATION ENTERED INTO IN CONNECTION HEREWITH, OR RESULTING FROM THE FURNISHING, PERFORMANCE OR USE OF ANY OF OUR PRODUCTS OR SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.5. To the extent the law implies any guarantee, condition or warranty which cannot be excluded, Our liability to You for breach of such an implied guarantee, condition or warranty is limited, to one or more of the following at Our option: (a) in the case of goods: the repair of goods, replacement of goods, the supply of equivalent goods or the cost of repair, replacement or supply of equivalent goods; or (b) in the case of services: supplying the services again or payment of the cost of supplying the services again.  8.6. Subject to clause 8.1, You acknowledge and agree that where Your Journey, any part of Your Journey, accommodation, flights or any other good or service are not directly provided by Us, but by a Service Provider, in the event of any dispute or claim including for loss, damage, breach of contract or negligence arising from the conduct of the Service Provider, You must pursue Your claim directly against the relevant Service Provider. 8.7.  If Your Journey includes a Cruise, then You may be entitled to rights under certain traveler protection programs.  We are an Active Member of the United States Tour Operators Association (“USTOA”) and participate in the USTOA’s Travelers Assistance Program (the “Program”). You may make a claim to the Program if You are owed a refund. The Program covers losses for transportation or travel services that were not refunded when required. A Guest may make a claim against the Program within 90 days after a tour operator declares bankruptcy, becomes insolvent or ceases business or fails to provide a refund where required as a result of cancellation or non-performance by the tour operator. USTOA’s total liability for all consumer claims from Our customers is limited to $1,000,000. In some cases, $1,000,000 may not be sufficient to cover all losses. Complete details of the USTOA Travelers Assistance Program and claim forms may be obtained by writing to USTOA at 275 Madison Avenue, Suite 2014, New York, New York 10016, or by email to [email protected] or by visiting their website at www.USTOA.com.  Scenic Tours (USA), Inc. is registered in California as a seller of travel.  Scenic Tours (USA), Inc. is registered with the State of California as a Seller of Travel, CST2113082-40.  Registration as a seller of travel does not constitute approval by the State of California.  Scenic Tours (USA), Inc. is registered with Washington State as a Seller of Travel, UBI604-089-504. 8.8. CLASS ACTION WAIVER: THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS ACTION OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 11.3 BELOW, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN CLAUSE 11.3 BELOW, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.

9. Force Majeure Event  9.1. If the performance of Our or a Service Provider’s obligations is prevented, delayed or materially affected by the occurrence of a Force Majeure Event, those obligations are suspended for the duration of the Force Majeure Event. You acknowledge and agree that We are not liable for any delay or failure by Us or a Service Provider to perform Our or such Service Provider’s obligations, as applicable, under the Contract if such delay or failure is attributable to a Force Majeure Event. 9.2. We may cancel a Journey as a result of the occurrence of a Force Majeure Event which prevents, materially affects or delays, or which We reasonably determine in Our sole discretion is likely to prevent, materially affect or delay, Our or a Service Provider’s ability to provide the Journey or other obligations: (a) in accordance with the Contract; or (b) to a standard which We consider will meet the reasonable expectations, in Our sole discretion, of the Journey participants.  9.3. We may immediately cancel a Journey and terminate the Contract as a result of the occurrence of a Force Majeure Event which prevents or  materially affects, or which We reasonably determine in Our sole discretion is likely to prevent or materially affect, Our or a Service Provider’s ability to provide the Journey for a period of 7 days or more, calculated from the date We notify You of the Force Majeure Event. 9.4. We will use commercially reasonable efforts to give You notice as soon as reasonably practicable of the occurrence of a Force Majeure Event that prevents or materially affects, or which we determine in Our sole discretion is likely to prevent or materially affect, the performance by Us or a Service Provider of Our or such Servicer Provider’s obligations under the Contract.  9.5. If We cancel a Journey in the circumstances described in clause 9.2 or 9.3: (a) to the maximum extent permitted by law, Your sole and exclusive rights and remedies will be those set out in clause 5.4 of these Conditions; and (b) You acknowledge and agree that We are not liable for any delay or failure by Us or a Service Provider to perform Our or such Service Provider’s obligations under the Contract, resulting from, as a consequence of, or is otherwise attributable to the Force Majeure Event.  9.6. You hereby acknowledge and agree that We are not liable to You (or any Guest for whom You book) for any death, bodily injury, disability, illness, or damage, or for any cancellation, modification, failure, or delay in the performance of this Contract, the Journey or Journey Departure Date, or Your Itinerary, if such death, disability, bodily injury, illness, damage, cancellation is results from, is a consequence of, or is otherwise attributable to a Force Majeure Event. 

10. Privacy and Data Protection  10.1. In order for Us to process Your Booking and provide the Journey to You, You will need to provide to Us, and We will need to use, Your Personal Information. We will need to provide Your Personal Information to Service Providers, as well as customs and immigration authorities. We may also provide Your Personal Information to security and credit checking organizations. Some of the third parties to whom We provide Your Personal Information are located outside of the United States, including in countries that may not provide the same level of protection of Personal Information as the country in which you are domiciled. By making a Booking You give Us Your consent to use and disclose Your Personal Information in the manner described in this clause 10.1.  10.2. We may also use Your name and the Guest Contact Details for marketing purposes, unless You tell Us that You do not want Us to do so. You may do this by contacting the Customer Service Contact Address.  10.3. We will otherwise deal with Your Personal Information in accordance with Our privacy policy, which can be found on Our Website or provided on request. 

11. General Provisions  11.1. We may only waive a right or remedy created under the Contract, including these Conditions, in writing. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does any waiver by Us (either wholly or in part) operate as a subsequent waiver of the same or any other right.  11.2. All disputes arising under or in any way related to this Contract, including the enforceability and interpretation of this Contract (each, a ”Dispute”) are governed by the laws in force in the State of Florida without giving effects to its conflicts of laws rules or principles.  11.3. Any Dispute shall be submitted for binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in an arbitration conducted in Miami, Florida USA. The only exceptions to this clause 11.3 are that (i) You and We retain the right to sue in small claims court and (ii) You and We may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.  The Dispute will be resolved by a single arbitrator selected by the American Arbitration Association (“AAA”). There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of the law or be able to show an abuse of discretion with respect to factual findings. Ordinarily, the claimant has to pay the fees to initiate a AAA arbitration, but if You wish to commence an arbitration against Us, and You are seeking to recover less than $10,000 (inclusive of attorneys’ fees), then We will pay the filing fee on Your behalf.  If You are seeking a recovery greater than $10,000, then You will pay the filing fee charged by AAA, but We will reimburse that fee if You win the arbitration.  You agree to maintain the confidential nature of the arbitration proceeding and shall not disclose that fact of the arbitration, any documents exchanged as part of any mediation, the proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, unless required to conduct the arbitration or unless required by law or court order.  The parties waive the right to rely upon any state or federal law or statute which creates an exception to enforcement of the requirement that all Disputes be resolved pursuant to arbitration as set forth in this paragraph. If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration decision is sought, any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, this Contract shall be brought exclusively in the state and federal courts having jurisdiction in and for Miami-Dade County, Florida, and all of the parties hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith. IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THIS CONTRACT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.  11.4. This clause 11 and any term, clause, or sections in these Conditions which is, by its nature, intended to survive termination of the Contract shall survive termination of the Contract.  11.5. In these Conditions, unless the context otherwise indicates a contrary intention: (a) headings are for convenience only and do not affect interpretation; (b) singular includes the plural and vice versa; (c)  a reference to a party includes its successors, permitted assigns, administrators and substitutes; (d) where a word or phrase is defined, its other grammatical forms have the corresponding meaning; (e)  the word ‘include’ in any form is not a word of limitation and should be interpreted as ‘including without limitation’; (f) no rules of construction apply to Our disadvantage on the basis that these Conditions or the Contract were prepared by Us; (g) a reference to a natural person includes their personal representatives; and (h) a reference to a body (including institute, association or authority) which ceases to exist or whose powers or functions are transferred to another body is a reference to the body which replaces it or which substantially succeeds to its powers or functions.  11.6. This Contract constitutes the entire agreement between Us and You and does not include anything specified in a Journey Brochure, Website, or other marketing material(s), and all such items are superseded hereby and not binding on Us. 

12. Important Notices about Your Journey 12.1. Journey Participation. (a) Special needs: We welcome You if You have a disability or other special need, provided You are capable of, or are accompanied by a companion capable of, providing all the assistance You require. Please note that although We will use commercially reasonable efforts to provide You with all the activities on Your Itinerary, depending on Your disability, You may not be able to participate in every activity and the Tour Director, Cruise Director, Our staff, or a Service Provider reserve the right to refuse Your participation if the Tour Director, Cruise Director, Our staff, or such Service Provider believes Your health and safety or the health and safety of any other person may be impacted by Your participation. You or Your travel agent must advise Us of any accommodations you may require due to any disability, medical condition or dietary requirement at the time of Booking. (b) Facilities: It is important to note that: (i) some Cruise vessels do not have elevators, and Cruise vessels that are equipped with elevators may not have elevator access to all decks; (ii) wheelchair passengers should be aware that cabin doors, restrooms and corridors may not be wide enough to provide access for standard wheelchairs; (iii) requests for accessible rooms to accommodate a disability must be made at the time of Booking and are subject to availability; (iv) for safety reasons, passengers in wheelchairs cannot be carried on boarding ramps (which may be steep due to water levels) whilst the vessel is tied up or at anchor, or on to motor coaches; and (v) wheelchairs and walkers can be carried in the luggage compartment of motorcoaches subject to space limitations. (c)  Our discretion: We may, in Our absolute discretion, decline Your Booking if We are of the view that: (i) We cannot adequately provide facilities to accommodate any or all of Your requests; (ii) Your health, safety or enjoyment, or that of any other passengers attending the Journey may be at risk; or (iii) You cannot or will not abide by any reasonable directions of the Tour Director, Cruise Director, Our staff, or a Service Provider.  12.2. Cruises. If Your Journey includes a Cruise, the following provisions apply: (a) Deck plan: The deck plan, cabin sizes, images, inclusions and layout in the Journey Brochure are indicative only and may vary. Pictured representations of cabins or rooms in Journey Brochures are not drawn to scale. (b) Cruise Cabins: Your Journey Price is based on the Cabin category indicated in the Journey Brochure. Upgrades are subject to availability and will be at an additional cost. (c) Shore Excursions: Shore excursions provided by independent third-party Service Providers are at Your own expense and can be purchased prior to Your Journey Departure Date. We recommend booking shore excursions at least 120 days prior to Your Journey Departure Date. (d) Dinner Reservations: Dinner times are scheduled on board. Preferred meal times may be requested at time of booking and are subject to availability. (e) Photography: Our Journeys may offer some of the most spectacular and beautiful photographic scenery in the world. However, We cannot guarantee that every scene or highlighted featured in a Journey Brochure or Itinerary will be available on each Journey. No refund or other compensation will be available for any resulting missed scene or photographic “opportunity”. (f) Smoking: Smoking is limited to designated smoking areas during Your Journey. (i) You acknowledge that We may restrict smoking to specific times and locations during Your Cruise for the comfort of all passengers. (ii) Smoking is not permitted on coaches or such other places as nominated by Us from time to time. (iii) Although We will use commercially reasonable efforts to ensure there are opportunities for You to smoke during the Journey, We cannot guarantee such opportunities will be available. (g) Noise, vibration and odor: While the Operators take reasonable steps to minimize noise, vibration and odors on the cruise vessels, You acknowledge and accept that some noise, vibration and intermittent odors may be experienced on vessels, and that We accept no responsibility, and will not be liable to You in relation to any such noise, vibration or odor. (h) Docking Position: During port stops, vessels may dock side by side, obstructing views and requiring You to pass through other vessels to embark and disembark. You agree and acknowledge that You will have no claim in respect of any such matters. (i) Medical Services: (i) A medical center is available onboard Emerald Cruises ocean vessels and will be staffed according to the destination. (ii)  Due to the large number of passengers on board, We cannot provide a personal escort for medical visits. (iii) We are not, and Our Affiliates, Service Providers and the Operators are not, liable for the provision of any medical care You may require or choose to accept during Your Journey. (iv) You acknowledge that certain destinations including, without limitation, Antarctica, the Americas, Transatlantic crossings and the Arctic & Fjords regions are remote areas with limited medical facilities available.  (j) Currency and credit cards (i) All purchases on board a charge to Your shipboard account. The on-board currency on Cruises is the US Dollar. (ii) Shipboard accounts may be paid by US Dollar or credit card. (k)  Internet Service: Internet facilities are available on board Your Cruise vessel at no additional charge. (i) Complimentary Internet service does not apply to any third-party suppliers. (ii) Internet availability and quality may vary from country to country and can also be affected by technical issues, weather or unfavorable terrain and other factors outside Our control. (iii) We do not guarantee the availability or quality of Internet connections or services. (l) Beverages: (i) For ocean Cruises with a departure date on or before March 31, 2024, beer, wine and soft drinks are available with lunch and dinner meals. (ii) If Your Journey includes an all-inclusive beverage package, beer, wine and soft drinks are included with lunch and dinner meals on ocean Cruises with a departure date of April 1, 2024 or later. (iii) Any additional drinks may be purchased on board. Beverage packages will also be available for purchase on board. (iv) Responsible service of alcohol is adhered to by all staff on board of all vessels and We reserve the right to refuse service.  12.3. Drones. (a) General prohibition: Unless provided by Us or an Operator as part of an organized activity during Your Journey, the use of Drones is strictly prohibited at all times on Your Journey. (b) Legal restrictions: You should also be aware that, in addition to the prohibition in paragraph 12.3(a), the use of Drones is regulated or prohibited by law in many locations and unlawful use may result in arrest or prosecution by the relevant authorities.  (c) Organized Activities: If We or an Operator allow You to operate a Drone as part of an organized activity during Your Journey, You must strictly comply with all instructions of the activity leader. 

13. Additional Important Information  13.1. Air Travel and baggage. (a) Airfare Conditions: (i) All airfares are subject to availability and conditions apply. (ii) Our reservations consultant will book an appropriate fare for Your Journey. (iii) Some discounted airfares have conditions which make them unsuitable to be used in conjunction with Our journeys. Full details and conditions may be obtained from Our reservations consultant or Your travel agent. If You have any questions or concerns please contact Our reservations consultant or Your travel agent. (iv) Airfares booked as part of Your Journey will be through an appropriate route although may not be a direct flight; some included flights are unescorted. If You request a customized route or direct flight You will be responsible for all additional costs. (v) Depending on departure date and time of booking the required booking class for airfare offer may be too far in advance to book with the appropriate airline. If the required booking class is unavailable air surcharges may apply. The flight quote including air taxes and surcharges will be confirmed once all air sectors are booked and confirmed. (vi) Taxes are defined as all airline and government taxes and surcharges. Taxes are subject to change and will be advised at the time of flight reservation. (vii) All flights are subject to schedule changes and class downgrades as determined by the operating airline. You acknowledge and agree that We accept no responsibility and will not be liable to You for any costs associated with these changes. (viii) All airfares are subject to availability and scheduled for travel to meet the Journey Departure Dates set out in the Journey Brochure. Any requests outside of the Journey dates may incur seasonal surcharges as enforced by the airline. (b) Airport Transfers: (i) Passengers who have purchased Our pre and post Journey hotel accommodation and airfares will be provided airport transfers to/from their hotel in the Journey start or end city only, on the day of the pre or post accommodation booking. (ii) If You do not book Your flights with Us, You must ensure Your flight details are provided to Us at least 60 days before the Journey Departure Date by: (A) entering Your flight details at the trip personalizer on the Website; or (B) contacting Us at the Customer Service Contact Address. (iii) No refund will be given for unused transfers. Transfers cannot be routed to other pick-up points or destinations. (iv) If You miss the pre-booked transfer, You will be responsible for making Your own way to the Journey departure point, at Your own expense. (v) Unless expressly listed in Your Itinerary, airport transfers may be group transfers scheduled to coincide with multiple flight arrival and departure times. (c) Carriers: The carriers (including airlines, rail and sea carriers used in association with the journeys) are not responsible for statements or features in Journey Brochures. The conditions of carriage of each carrier constitute a separate contract between You and the carrier and We have no responsibility in relation to contracts between You and the carriers and only act as agent in arranging services from the carriers. (d) Luggage (i) Journey participants are entitled to one suitcase per person. Your suitcase must not exceed 76 x 53 x 28cms (30’’ x 21’’x 11’’) and must not weigh more than 23kg (50lbs). All luggage must be stored in Your suite; there are no additional luggage storage facilities available. (ii) Airline passengers should consult with their airline as size and weight restrictions may vary from airline to airline and according to the class booked. (iii) It is Your responsibility to ensure Your luggage complies with these requirements and You acknowledge that We, contracted carriers or Service Providers may elect not to carry overweight items. (iv) You will be responsible for any excess baggage charges.  13.2. Sightseeing, Excursions and Special Activities on Journey. (a) Sightseeing: Sightseeing in many historic villages, towns and cities can only be undertaken by walking Journeys as motorcoach access is not possible. Consequently, a reasonable level of fitness is required as the sightseeing Journey may involve steps and extensive walking over uneven surfaces. (b) Mountain Excursions: Some Journeys include mountain excursions involving high altitudes. Please consult with Your doctor to ensure that You have an adequate level of fitness and are in good health before participating in these excursions. (c) DiscoverMORE Optional Journeys: Additional activities undertaken by You such as sightseeing journeys purchased by You in addition to those activities outlined in the Journey Brochure during Your Journey are not included in Your Journey Price and incur an additional cost. Additional activities are subject to availability, seasonal and operational factors and must be pre-booked prior to Your departure. Some activities require a minimum or maximum number of participants to operate.  13.3. Passenger Requirements. (a) Special Diets: You must advise Us in writing of any and all special requests and dietary requirements at the time of Booking. We will make every reasonable effort to accommodate Your dietary requests but cannot guarantee that such requests can be met. (b) Vaccinations: It is Your responsibility to ensure You have all required vaccinations for Your Journey and We recommend You refer to www.cdc.gov/travel for full details and also consult Your doctor. (c) Medical Conditions: We strongly recommend a visit to Your doctor prior to Your Journey. (d) Solo Passengers and Single Accommodation (i) Prices quoted in Journey Brochures are on a twin share basis. If Your Booking is not a twin share booking We will notify You of the applicable single supplement rate (Single Supplement Rate), and You must pay the Single Supplement Rate for the Journey, at the time  of Booking. (e) Young Passengers: (i) Passengers under the age of 18 years (as at the Journey Departure Date) must be accompanied by an adult and share their accommodation with an adult. (ii)  Children under the age of 12 years are not encouraged and are accepted or rejected at Our sole discretion.  13.4. Maps, Pictures and Images. (a) Maps: Maps or Journey depictions contained in Journey Brochures or any other brochures We issue are intended as an indication only and should not be relied upon as the actual route to be taken during the Journey. (b) Images: All images in Journey Brochures represent typical scenes and descriptive detail for each Journey, however it is possible that the particular subject matter may not be seen or experienced on Your Journey. Also, some pictures may have been digitally enhanced.  13.5. Hotel Accommodation. (a) Substitution: We may substitute hotel accommodation of a similar standard in the place of the advertised hotel due to hotel availability issues. Any changes will be notified once confirmed with the hotel. (b) Responsibility: Although We have taken reasonable steps to secure the most suitable hotel accommodation in the area of the Journey, We are not liable to You for the quality, size or fitness of hotel rooms.  13.6. Flexible Booking Plan. Our Flexible Booking Plan is available at a cost of $250 per person per Journey excluding Amazon cruises and Galapagos cruises. The cost is non-refundable and must be paid at the time of Booking Your Journey. The Flexible Booking Plan does not, nor is it intended to, replace travel insurance. Details and terms and conditions of the Flexible Booking Plan are available on Our Website.  13.7. Cancellation Penalty Relief Program. The Cancellation Penalty Relief Program is available for new river and ocean cruising bookings for travel after 1 January 2024 for Scenic and Emerald Cruises (“Eligible Booking”). The Cancellation Penalty Relief Program offers You the opportunity to receive a refund and/or other relief in the event You are forced to cancel Your Booking with Us during a time period that would otherwise require you to pay cancellation fees these Conditions. The Cancellation Penalty Relief Program must be purchased together with the Eligible Booking at time such booking is made and may not be added at a later date. Details and terms and conditions of the Cancellation Penalty Relief Program are available on Our Website. 

14. Contact Details  14.1. To make, change or cancel a Booking or to make any inquiries regarding a Booking or to otherwise give Us any notice in accordance with the Contract, You should contact Our customer service center as follows:  Email: [email protected]  Telephone: 1(857) 226-4889  Address: 4000 Hollywood Blvd., Suite 625-S, Hollywood, FL 33021 (the “Customer Service Contact Address”).  14.2. Our customer service center is open from 9:00am to 8:00pm Eastern Time from Monday to Friday and 10:00am to 6:00pm Eastern Time on Saturday. Holiday hours may vary.  14.3. If You need to contact Us during Your Journey, We recommend that if it is practicable to do so, in the first instance You should try to contact the Tour Director or Cruise Director. Depending on the purpose of Your contact, they may be able to assist You, but otherwise they may direct You to contact Our customer service center.  14.4. We will use the Guest Contact Details if We need to contact You before the Journey Departure Date. It is therefore very important that You keep the Guest Contact Details up to date and notify Us immediately of any changes. To update Your Guest Contact Details, please contact Us at the Customer Service Contact Address.  

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Private jet and yachts seized as three arrested in £76m luxury care homes raid

Three people have been arrested as part of a sting by the Serious Fraud Office into property developer the Carlauren Group.

Tuesday 12 March 2024 14:09, UK

A private jet and two yachts have been seized, as three people have been arrested, in a £76m raid on a group who ran luxury care homes.

Two sites were raided across St Leonard's, Dorset, and Aylesbury, Buckinghamshire, as part of the Serious Fraud Office (SFO) probe, supported by the National Crime Agency (NCA).

The investigation is looking into the UK registered property developer, the Carlauren Group, which collapsed into administration in November 2019.

When it folded, the SFO said that it led to some elderly residents being forced to move out, and left 600 investors out of pocket.

The Carlauren Group bought 23 properties across the UK, often former hotels including the historic Windlestone Hall in Durham, and allegedly claimed to offer annual 10 per cent returns to investors as it sought to turn the buildings into high-end care homes.

However, the SFO said only nine of these became operational and some continued as hotels instead of care homes.

Alongside that, the group allegedly purchased a number of supercars, including two Lamborghinis and a McLaren 570GT, a private jet and two yachts.

Nick Ephgrave QPM, director of the Serious Fraud Office, said: "This company's abrupt collapse has created turmoil and enormous anxiety for many, with elderly people forced to vacate their homes and investors left with nothing.

"Today's arrests are a major development in our investigation and a step towards getting the answers so many people need."

The group was said to have had 600 people and companies invest in the scheme through the purchase of rooms that were to be rented out to the elderly.

This was inside luxury facilities that boasted of swimming pools, room service and other amenities.

According to the SFO, the rooms were advertised and sold with a guaranteed annual payout and opportunity to sell the asset back for a profit after 10 years

Related Topics

TechBullion

 a guide to investing in the right luxury yacht.

Investing in a luxury yacht is not just a financial decision; it’s a lifestyle choice. For those who dream of cruising the open waters in style and comfort, owning a yacht is the epitome of luxury. 

However, with so many options available, finding the right luxury yachts for sale can be a daunting task. In this guide, we’ll explore the essential factors to consider when investing in a luxury yacht to ensure you make the right choice.

Define Your Purpose

Before diving into the world of yacht shopping, defining your purpose is crucial. Are you looking for a yacht for weekend getaways with family and friends, or do you plan to live abroad for extended periods? Understanding your intended use will help narrow down your options and ensure you select a yacht that meets your specific needs.

Set a Realistic Budget

Luxury yachts come with a hefty price tag, so it’s essential to set a realistic budget before beginning your search. Consider not only the initial purchase price but also ongoing maintenance, mooring fees, insurance, and crew costs. Factor in additional expenses, such as customisation or upgrades, to ensure you can afford the total cost of yacht ownership.

Research Yacht Types and Brands

Yachts come in various sizes, styles, and configurations, each catering to different preferences and lifestyles. Research different yacht types, such as motor yachts, sailing yachts, and expedition yachts, to determine which best suits your needs. Additionally, explore reputable yacht brands known for quality craftsmanship, reliability, and resale value.

Consider Features and Amenities

When investing in a luxury yacht, consider the features and amenities that are important to you. Do you prioritise spacious living areas, state-of-the-art entertainment systems, or a gourmet galley? Consider how you envision spending time onboard and choose a yacht with amenities that enhance your cruising experience.

Inspect the Yacht in Person

While online research can provide valuable insights, nothing beats inspecting a yacht in person—schedule visits to multiple yachts to assess their condition, layout, and quality. Pay attention to details such as the craftsmanship of the interior, the condition of the hull and engines, and the functionality of onboard systems.

Seek Professional Advice

Navigating the yacht-buying process can be overwhelming, especially for first-time buyers. Consider seeking advice from experienced yacht brokers, naval architects, or marine surveyors who can provide valuable guidance and assistance throughout the purchasing process. Their expertise can help ensure you make an informed decision and avoid potential pitfalls.

Plan for Maintenance and Upkeep

Owning a luxury yacht requires ongoing maintenance to keep it in top condition—factor in the cost of routine maintenance, repairs, and upgrades when budgeting for your yacht. Additionally, consider whether you’ll need to hire a crew or rely on professional yacht management services to oversee maintenance and operations.

Investing in the right luxury yacht is a significant decision that requires careful consideration and planning. By defining your purpose, setting a realistic budget, researching yacht types and brands, considering features and amenities, inspecting yachts in person, seeking professional advice, and planning for maintenance and upkeep, you can make your dream of yacht ownership a reality. With the right approach, you’ll be cruising the open waters in style and luxury in no time.

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