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Terms & Conditions

 

The following terms and conditions (‘booking conditions’) form the basis of your contract with Captains Choice Pty Ltd ACN 063 895 876 (‘Captain’s Choice’, ‘we’ or ‘our’). Please read them carefully as they set out your and our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions, that you agree to them and that you agree to them applying to your vacation arrangements that you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. References in these booking conditions to your ‘vacation package’ are references to the tour or cruise package you have booked with Captain’s Choice. References to ‘excursions’ are references to short trips or tours included or available as part of your vacation package.

Governing Law
These booking conditions are governed by the law in force in Victoria, Australia.

Prices – Deposits – Discounts – Payments 
Your booking price will be set out in this brochure unless it is varied by advertising or a special offer, or is changed after the publication date for any reason, including without limitation, to cover changes in government taxes and charges, exchange rate variations, fuel surcharges, airline charges, a force majeure event or other material increases by suppliers. A USD$3,500 / CAD$4,000 security deposit per person, per vacation package, is required at the time of the booking however the price may vary depending on your chosen tour. Deposit requirements may vary when booking a special offer, a higher category suite or cabin and for some single supplement arrangements. Final payment of the balance of your vacation package price is due four months (120 days) prior to the commencement of the tour. Captain’s Choice reserves the right to cancel any ticket, or booking, or to refuse to carry any passenger where payment has not been received by Captain’s Choice within the specified time. Fares and charges are in either USD or CAD currency. Payment in full is required at time of booking for reservations made less than less than four months (120 days) before the commencement of the tour. If Captain’s Choice is unable to confirm your reservation, all monies will be refunded.

Included in Vacation Package Price 
All travel, accommodation, airfares (if indicated in individual itinerary), gratuities, transfers, sightseeing, specified excursions, meals, admissions, port charges, taxes and the services of
Tour Managers as stated in your itinerary. 

Home-Airport-Home Transfers are included on all Captain’s Choice tours, when residing within 30 driven miles / 48 driven kilometres of the nearest domestic or international airport. For journeys greater than this, there will be an additional charge per car per mile / kilometre. Should the selected airline offer home to airport transfers, these will be utilised subject to airlines terms and conditions. No refund will be given for unused transfers. Passengers who miss the pre-booked transfers must make their own way to/from the airport at their own expense. 

Not Included in Vacation Package Price 
International airfares to the place of tour commencement/from the place of tour conclusion, passport and visas, vaccinations and suggested on-tour medications, items of a purely personal nature (laundry bills, bar bills, phone calls, etc), expenses incurred for items purchased away from group tour (meals, tours, transport, etc), excess luggage, insurance for extensions to travel dates/pre-existing medical conditions/age loading fees, plus any other items not mentioned in this brochure. Your World experiences are included unless otherwise indicated but may be limited by capacity. Wine, beer and soft drink are included at lunch and dinner; drinks at other times are at additional expense. US citizens visiting Cuba are responsible for obtaining the appropriate license to travel.

Gratuities 
Have been included for all services as indicated in the itinerary and cannot be redeemed for a cash refund.

Twin or Double Rooms 
Accommodation in hotels, regardless of rating, is in standard rooms (sometimes named superior/deluxe) based on twins or doubles unless otherwise stated.

Solo Travellers 
A limited number of single rooms/suites/cabins/twin single rooms may be available by request at the time of booking your vacation package. We will endeavour to arrange for single travellers to share a room in hotels only to avoid incurring additional costs. We may accommodate a smoker and a non-smoker together, in this instance the room provided will be a non-smoking room. If preferred, a single room supplement price is offered if you wish to have single room occupancy.

Passengers Needing Special Assistance 
Captain’s Choice welcomes passengers with disabilities or special needs however, please note the following:
1. Any disability or medical condition requiring special attention must be reported to Captain’s Choice at the time of booking including all important information relating to your health, mobility and fitness which may affect your partial or total participation in the cruise or tour. This information is also crucial to allow Captain’s Choice to ensure the tour you have chosen is suitable and meets your needs. Any changes to health, mobility and fitness must also be reported to Captain’s Choice as soon as possible and prior to departure. Where possible Captain’s Choice will make reasonable adjustments to the tour to accommodate your special needs however, it cannot do so if the adjustment required would be unreasonable in all of the circumstances, including if such adjustments would affect your safety and/or the safety and/or enjoyment of other passengers. 
2. If you require special assistance or care (such as pushing a wheelchair, assistance with dressing or assistance with walking), you must travel with a companion capable of providing the required assistance or care. Please be aware that Captain’s Choice does not provide personal assistance. Captain’s Choice is unable to assist any passenger with walking, dining, boarding or disembarking any transportation vehicles (including river and ocean cruise ships and trains). To safely participate in embarkation and disembarkation you must be able to do so without the need for special assistance. You must also be able to do so without unreasonably impacting other passengers’ safety and/or enjoyment. 
3. While Captain’s Choice will make reasonable efforts to accommodate the special needs of disabled passengers, it is not responsible for any denial of services by any third party entities it has travel arrangements with, such as carriers, hotels, trains, restaurants or other independent suppliers, or for any additional associated expenses charges by those parties. 
4. Please note coaches and minibuses are not equipped with wheelchair ramps. Most river and ocean ships have elevators, however not all Captain’s Choice ships have elevators. Many ships require the use of stairs to go between decks. Further, side by side docking may require passengers to climb and descent stairs to cross over vessels to disembark and embark at times. Captain’s Choice ships often sail through remote areas that do not have convenient docking facilities. In such circumstances it will be necessary for passengers to negotiate temporary gangplanks and uneven surfaces. If the crew decide that it is not safe for a passenger to negotiate such operations they may require passengers to stay on board. Cabin doors and restrooms may not be wide enough to allow access by standard wheelchairs. Wheelchairs and walkers cannot be carried on coaches, due to space limitations. For safety reasons, passengers in wheelchairs cannot be carried on ramps in ports where the river or ocean cruise ship is at anchor.  
Medical Assistance

Health & Fitness 
A good level of fitness and health is required to participate on a Captain’s Choice vacation. 
In some destinations there are extensive sightseeing excursions by foot, which can include climbing of stairs and walking on uneven surfaces. Mobility is needed boarding or alighting coaches, cruise ships and trains. We recommend a visit to the doctor and dentist before travelling to overseas destinations. It is your responsibility to advise Captain’s Choice of any pre-existing medical conditions that may affect the normal conduct of a vacation package and the enjoyment of other passengers. Captain’s Choice is not liable for any injury, illness, or loss of enjoyment which could have been reasonably prevented had we been made aware of a pre-existing condition and been provided an opportunity to review it. We will not be responsible for any costs associated with cancellation penalties or the return of passengers from a tour, and a refund for lost touring cannot be claimed. A Fitness Activity Statement is available on our website.

Visa & Passports 
All passengers must have a passport that is valid for at least six months after the vacation package return date. Passengers are solely responsible for meeting necessary passport requirements and paying all associated costs. Passengers are also solely responsible for obtaining a valid visa for entering all destinations on their tour. US citizens visiting Cuba are responsible for obtaining the appropriate license to travel.

Excursions 
The timing of the excursions on all vacation packages may differ slightly for each package. 
The published times are a guide only, and are subject to change without notice. It is impossible for large coaches to be used for some city sightseeing excursions and 
many towns and cities will be visited by way of walking tours. Clients must be able to climb ramps to embark or disembark cruise ships. Depending on water levels, these may have a number of steep steps. Vacation packages may include time in high altitude regions. 

Your World Experiences 
Minimum and maximum group numbers may apply on some Your World experiences. If your first choice of option is unavailable you may be asked to choose an alternative. 

Public Holidays & Festivals 
Virtually all countries have public vacations, religious or otherwise. The festivities may temporarily disrupt your vacation and some religious vacations may result in a reduction of facilities and entertainment. 

Late Bookings & Special Offers 
Late booking promotions and special offers do not apply to existing bookings unless otherwise stated.

 

Travel Insurance 
Travel insurance is not included in your vacation price. You are required to purchase comprehensive travel insurance that includes (without limitation) coverage for the cost of your vacation package, medical expenses, loss and or damage to luggage, land and airfare charges that may occur due to cancellation, impossibility of performance or other frustration, personal liability, delay, cancellation curtailment, missed departure,
legal expenses, disruption, loss of deposit or strikes, and provide a copy to us.

Travel Information & Documents 

After booking, you will receive an invoice with all important information relevant to your vacation package. We strongly recommend you check the details carefully and read the included information. Tickets, final itineraries, detailed travel information and a list of passenger names and suburb of residence will be forwarded to you approximately two weeks prior to departure. If you do not wish your name to appear on the passenger list, please advise your tour consultant at the time of booking.

Special Requests 
Where a special request (eg diet, room location, twin or double bedded room, a particular facility at a hotel, flight seat requests and/or particular meals) is an important factor in your choice of vacation, you must advise us when your booking is made. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted, passed on to the supplier, confirmed on your invoice or any other documentation, is not confirmation that the request will, or can, be met. Unless and until specifically confirmed, all special requests are subject to availability. 

Captain’s Choice endeavours to provide you with all the services confirmed to you at the time of your booking. However, we plan arrangements a long time in advance 
of your departure date using independent suppliers such as airlines, hotels etc, over whom we have no direct control. On occasions changes do have to be made, Captain’s Choice reserves the right to cancel or amend vacation packages/excursions accordingly. All tours require a minimum number of bookings in order to be financially viable and to have 
a pleasant group atmosphere. In the event adequate numbers cannot be achieved, it may be necessary to cancel a scheduled departure and offer an alternative tour (or a refund of the monies paid for arrangements made by Captain’s Choice).

Brochure Accuracy 
Captain’s Choice has endeavoured to ensure that the information given in our collateral about accommodation, itineraries etc, is correct at the time of going to print. However, advertised descriptions, facilities and prices may change after publication. We recommend that you confirm the details of your chosen vacation package at the time of booking. Additionally, flight times, carriers and routes in the brochure are given for guidance only as there may be changes. Final details will be shown on your tickets. Vacation package or excursion itineraries may change or be different from those described in the brochure as a result of local conditions, weather conditions and annual events. Captain’s Choice will endeavour to notify you of any significant changes prior to your departure. 

Flight Changes 
The flight timings shown in our brochure, on our website and detailed on your confirmation invoice are for guidance only, and are subject to alteration and confirmation. Flight timings are set by airlines and could be affected by events outside our control. Scheduled and charter flight timings and days of operation are also subject to change. Captain’s Choice will advise you of any significant changes as soon as it is informed by the airline. Minor timing changes will be shown on your flight tickets. Any change in the identity of the airline, flight timings or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying any applicable cancellation fees, except where specified in these booking conditions. 

Force Majeure 
Force Majeure means the occurrence of an event that is beyond Captain’s Choice’s reasonable control and which could not have been reasonably prevented by Captain’s Choice, which includes, but is not limited to: (a) war, armed conflict, criminal damage, riot, civil strife, industrial dispute, terrorist activity or the threat of any such acts; (b) natural disaster (including but not limited to flooding, fire, earthquake, landslide), adverse weather conditions, high or low water levels; (c) nuclear or other industrial accident causing environmental pollution or contamination; or (d) change in law, meaning, enactment, amendment (including repeal) in the law or administration of any law in Australia or any jurisdiction or territory relevant to the booking contract, which includes changes in statute, regulation, determination, bylaw, declaration, licence and the common law as applicable from time to time.

Termination of Booking Contract or Change of Travel Arrangements Due to Force Majeure
If Captain’s Choice, in its reasonable opinion, considers that any Force Majeure event prevents Captain’s Choice (whether directly or through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject of the booking contract with you, Captain’s Choice may immediately by written notice: (a) terminate the booking contract (in whole or in part); or (b) change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs. 

Limitation of Liability in the Event of Force Majeure 
In the event that Captain’s Choice cancels or changes your travel arrangements in any way due to a Force Majeure event, Captain’s Choice will not be liable to you in contract, tort, statute or restitution for any loss (including, but not limited to, loss of deposit or purchase price and loss of enjoyment), damage, costs, charges, expenses or injury resulting from or in connection with (whether directly or indirectly): (a) the cancellation or change to your travel arrangements; or (b) the Force Majeure event. Captain’s Choice is not liable to refund any part of the deposit or purchase price paid by you if Captain’s Choice subsequently changes or cancels your travel arrangements in connection with a Force Majeure event. Force Majeure events are unpredictable and beyond Captain’s Choice’s control. Travel insurance is required to adequately protect yourself against these risks. You acknowledge and accept that these terms are reasonably necessary to protect the legitimate interests of Captain’s Choice based on expected non-recoverable costs and expenses to be incurred by Captain’s Choice, including but not limited to overhead expenses and works or services performed personally by Captain’s Choice, leading up to the commencement of the vacation package, alternatively prior to the Force Majeure event. 

 

Changes or Additions to Your Vacation 
If you want to change any part of your vacation arrangements after the invoice has been issued, we will do our best to make the change but it may not be possible. If it is possible to make the change, it will be subject to an administration charge and payment of any further costs incurred as a result of 
the change. 

Cancellation Policy 
The following Captain’s Choice cancellation fees apply:

Days of Notice   Fee Per Person 
 120 days or more Loss of deposit
 Less than 120 days  100% of vacation package price

All cancellations must be received in writing by Captain’s Choice and are not effective until this notification has been received. 

If your vacation has commenced, 100% of the full vacation package price is charged. There is no refund for unused services, or if portions of the vacation package are missed. 
Additional cancellation fees may also be charged in respect of accommodation reserved outside the vacation package dates. These cancellation fees are in addition to any fees that may be levied by Captain’s Choice. You acknowledge that the amounts estimated under the Cancellation Policy are reasonable and represent a genuine pre-estimate of loss to Captain’s Choice and are otherwise reasonably necessary to protect the legitimate interests of Captain’s Choice.

Cancellation of Airfares 

Scheduled airline normally regard names changes and changes to departure dates as a cancellation and a re-booking and may attract a booking fee. Applicable cancellation fees may amount to 100% of the airfare.

Data Protection Policy
Your personal data may be passed on by Captain’s Choice to any relevant independent suppliers, government/public authorities such as customs, immigration and the security services connected with your vacation package. All personal data you give us (including sensitive personal data) will be kept. Credit card details are not retained. We will use only names and contact details for marketing purposes, unless you notify us that you do not wish to receive future marketing material by email to guestrelations@captains-choice.com.

Limitation of Liability 
1. Our vacation packages include the services of independent providers, such as hoteliers, airlines, cruise companies and other operators, who are not agents, servants or employees of Captain’s Choice. Although we take care in selecting the independent service providers, and the optional excursions conducted by some independent service providers, Captain’s Choice is not responsible for the conduct of the independent service providers, their servants and agents or for any ramifications of that conduct. Optional excursions may, depending on your vacation package, include activities such as climbing, exploring, bike riding, swimming and snorkelling. You accept and assume the risk involved with these activities.

2. If, in the opinion of any representative of Captain’s Choice, your mental or physical condition is such as to affect your own health and safety, render you incapable to care for yourself, cause you to became a hazard to yourself or other passengers, or result in you becoming objectionable to other passengers or staff, you will not be permitted to embark or continue on the whole or any part of the vacation package. Abuse or harassment of any kind toward crew, contracted suppliers or other guests may result in immediate removal from the tour or cruise. Captain’s Choice is not liable to you for any costs associated with such decision and you will not be refunded for any part of the vacation package.

3. Captain’s Choice accepts no responsibility for any death, injury, illness, loss (including loss of enjoyment), damage, detention or delay (including mechanical breakdown) beyond its control. 

4. Any term, condition or warranty express or implied by statute or otherwise in respect of the vacation packages contained in this brochure are excluded to the full extent permitted by law. Nothing in these booking conditions excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth) as amended, consolidated, supplemented or replaced.

5. To the full extent permitted by law, Captain’s Choice’s liability arising under or in connection with these booking conditions: 
(a) is limited to the resupply of the products or services or the payment of the cost of resupply of the products 
or services to you; and 
(b) excludes liability for any indirect or consequential losses suffered by you or any third party, howsoever caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.

6. Your travel agent will forward deposits and other payments to us on your behalf, but your travel agent is not our agent for the purpose of receipt of monies. Receipt of deposits and subsequent payments by the travel agent does not constitute receipt of those monies by us and the travel agent has no authority expressed or implied to receive monies on our behalf. There is no liability on the part of Captain’s Choice in respect to any monies paid to your travel agent, unless and until Captain’s Choice notifies you (by way of a booking confirmation advice or payment receipt advice) that monies have been received by Captain’s Choice. Captain’s Choice reserves the right to cancel any ticket or booking or refuse to carry any passenger where payment has not been received by Captain’s Choice within the specified time.

Responsible Service of Alcohol 
Where staff are responsible for service of alcohol, they are obligated by law to refuse service to any guest who, in their reasonable opinion, appears to be or is intoxicated, or behaves in an aggressive or offensive manner.

Medical Assistance 
You are responsible for all charges that result from visiting a medical facility, or for a medical practitioner visiting you. Captain’s Choice is not responsible for the type or quality of the medical services you may receive.

Smoking 
For other passengers’ comfort there is no smoking on coaches or cruise ships, except in designated areas. All sectors of trains, buses and confined areas are non-smoking. Most flights are now non-smoking in accordance with international agreements.

Service Enquiries
If a problem occurs during your vacation you should, in your own interests, advise your Tour Manager so that steps can be taken to resolve the matter. If you remain dissatisfied, any complaint must be made in writing to Captain’s Choice within 30 days. 

Luggage Limits 
Each airline has policies relating to luggage limits and category of seat. Additional charges may apply for excess luggage.

Photo & Video 
Photographs or videos of the tour may be taken, which may be used for promotional purposes. 

The USTOA $1 Million Travelers Assistance Program Captain’s Choice shares the coverage available under the USTOA $1 Million Travelers Assistance Program with affiliates APT who, as an Active Member of the USTOA, is required to post $1 Million with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA $1 Million Travelers Assistance Program, the advance payments of Captain’s Choice customers in the unlikely event of Captain’s Choice bankruptcy, insolvency or cessation of business. Further, you should understand that the $1 Million posted by APT and shared among its affiliates may be sufficient to provide only a partial recovery of the advance payments received by Captain’s Choice. More details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 345 Seventh Avenue, Suite 1801, New York, New York 10001, or by email to information@ustoa.com or by visiting their website at www.USTOA.com.

Maps & Images 
Within Captain’s Choice Brochures Note that maps may not be to scale. Some images are copyright, and have been reproduced with permission. 
Reservations may be made with: 
Telephone: +61 3 8526 2300. Freecall: 1800 570 6584 
guestrelations@captains-choice.com.