Terms & Conditions
Please read before proceeding in making a booking:
ABOUT THE 'FACILITY'
The Facility is the Cruisescene (Member of the Donna Barlow Travel Group) cruise and travel web site or one of its sub-sites and the ability to enter into transactions directly with us or with certain parties whose content appears on the site. You acknowledge that some of the material accessible through the facility is provided by third parties, and we are not responsible for any inaccuracy or misrepresentation contained in such material nor any loss or damage arising from any reliance thereon.
Where the Facility provides the ability to enter into transactions with third parties we are not responsible for those third parties or the goods or services they offer. Cruise lines and other third party travel providers impose different terms and conditions on the sale of specific travel products featured on this site. You should carefully read all the terms and conditions specific to the product you are booking before finalising your travel transaction.
Your use of this cruise travel web site and on-line reservation facilities such as 'booking form' and 'booking online' here-by referred to as the 'booking engine' is subject to the following Standard Terms of Service and Trade:
1. Ownership Ownership of all copyright and trademarks, contained in this travel web site, and booking engine shall remain at all times vested in the licensor and / or provider of this site ('the Agent'). Unauthorised use is strictly prohibited. All title, ownership rights and intellectual property rights, including copyright, rest with the Agent (Cruisescene). You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Service. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice.
2. Accuracy of information and limitation of liability
The Agent does not endorse any particular travel service provider over the other. The Agent and its third party suppliers have taken reasonable care to ensure that the content of this travel web site, including all travel information and listings is correct but is subject to amendment at any time without notice. The Agent publishes such information in good faith. As user, you acknowledge and accept that The Agent cannot and has not checked the accuracy of all information provided by travel service providers such as cruise lines and hotels. The Agent will not be responsible for errors, omissions or misleading information in travel information and listings. You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the facility. You are solely responsible for the suitability of any travel services which you purchase by means of the service. In particular, we are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of travel services for use in association with other travel services. The Agent's role in relation to your travel arrangements is limited to facilitating your booking and arranging travel documentation, payments and refunds as applicable. The Agent accepts responsibility for the performance of this role and for the negligence of its employees. However, to the maximum extent permitted by law, the Agent disclaims all liability for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by the Agent to complete bookings where that failure is due to circumstances beyond its control. The Agent accepts no responsibility or liability for any failure or delay on the part of any third party in providing travel services to you where your booking has been properly processed by it; nor is the Agent responsible for any acts or omissions of cruise lines or other third parties in the course of delivery of such travel services. Where the Agent is liable to you under these terms and conditions its liability will be limited to providing the relevant booking services again or to refunding money paid in relation to services not provided because of the Agent's default. Where refunds are due to you from third party suppliers of travel products or services, the Agent will provide reasonable assistance to you in claiming such funds from those suppliers. Under no circumstances will the Agent be liable for direct, indirect, consequential or incidental damages including but not limited to lost profits or savings or damages for disappointment. In the event of the Agent being in breach of a warranty which cannot by law be excluded, the compensation to which you shall be entitled is expressly limited to:-
(a) the cost of providing the services or products again;
(b) the payment of the cost of having the services supplied again.
To the maximum extent permitted by applicable law, the Agent grants no warranties, express or implied, regarding this travel web site and any service or facilities provided including the booking engine.
4. Use of the Booking Engine (booking Online)
In making a reservation through the booking engine, the Agent will be acting as agent of the cruise line/wholesaler, or airline concerned. The Agent accepts no responsibility or liability for any misunderstanding or error, whatsoever and howsoever caused, in respect of any reservation made through the booking engine. The onus rests on you to read the booking rules and ensure your booking abides by these, to carefully check and correct any mistakes in your reservation request and in any confirmation thereof received from the cruise line or other third party provider, via the Agent.
5. Use of your contact information
As a condition for your use of this travel web site including any service or facility such as the booking engine, you agree to indemnify the Agent from and against any liability, damage or loss that the Agent incurs or suffers as a result of any action, inaction or omission by you. This includes any or such losses, penalties or any further expenses incurred as a result of the user, passenger, his or her agent or person acting on their behalf, providing inaccurate data where the passenger has been denied travel as a result of this.
7. Clients Responsibility
By registering for the service, you warrant to us that you are at least eighteen years old. You must read the travel-specific terms and conditions at the end of these terms and conditions and convey all information set out in those terms and conditions to any other parties covered by any booking you make. You must keep secure any means of identification that we provide to you in order to access the service. You must not resell the service or any products or services accessed by means of the service, or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your user identification to access the service. You are responsible for all use of the service, and all transactions entered into by means of the service, using this user identification. You must not use the service for any activities which breach any laws, infringe any party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use the service in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the service by you or any other person using your membership identification or password. You acknowledge that we may receive all commission from transactions entered into using the service.
8. Property Law
This agreement is governed by the laws in force in New South Wales. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement and assignment by agent. We may legally assign any of our rights and obligations under this agreement at any time by giving you notice.
Travel Specific Terms and Conditions
1. Fares & Prices
Cruise fares and prices displayed when booking online or on this site includes taxes or port charges (unless otherwise stated) and are subject to cruise line/ provider availability. The general booking form constitutes a request only and we do not guarantee fares or prices until the booking has been confirmed by the engine itself or one of our consultants and paid for. Availability, fare conditions and class of travel can change at any time. Routing restrictions/itinerary amendments and other special conditions may apply. Taxes, port charges and any additional costs will be advised to you when your booking is confirmed. Bookings made through the booking engine also constitute a request, and the correctness of this request in regards to abiding by the rules of the fare as stated is your responsibility. Cruise lines and other suppliers may change their prices without notice. •NB Credit Card payments that are accepted for full payment at the procurement of a booking are subject to further security checks on the premise (a) the funds are indeed available, (b) the cardholder is in fact the person making the booking for them or on behalf of the person/s travelling, and (c) fraudulence hasn't occurred. If finding that any of these cases require further scrutiny, investigations and collection of funds will be made by the agent, at the cost of the traveller.
2. Booking Acknowledgement
Acknowledgement of your booking request will be sent via e-mail and/or communicated by a consultant by telephone within reasonable time of your request being received. Please ensure you check your e-mail regularly. Payment must be received within 72 hours of booking confirmation unless otherwise agreed by us the agent. Failure to pay for tickets within this time results in automatic cancellation of the booking. We accept no responsibility for loss incurred due to automatic cancellation or failure of e-mail delivery.
3. Travel Documentation
Passport, Visa and Health requirements are the responsibility of all individual travellers. Passports are required for all travellers departing Australia. Permanent residents travelling on a foreign passport must hold an Australian Re-entry Visa. Many countries require that foreign nationals entering hold a passport with at least six months validity. We will assist in providing information based on the information supplied by you in the booking form or booking engine. This information as well as other related information supplied by the Agent and any links within the site are supplied in good faith; however should be treated as a guideline only. Responsibility for ensuring documentation is correct is that of the individual traveller. The posting/couriering of travel documentation is your responsibility. The agent will not be held responsible for documents lost by a third party. Any charges associated with reissue and resending of documentation will be at your expense.
4. Booking Cancellation and Amendment
The Agent reserves the right to administer a cancellation or booking amendment fee in addition to any applicable cruise line/operator fees. Before entering into a transaction, you should carefully check to see whether any other cancellation or amendment fees apply.
6. Travel Insurance
It is recommended that all travellers obtain travel insurance against cancellation or amendment fees as well as providing sufficient medical cover; loss or damage to personal property.
7. Changes to these Terms and Conditions
Cruisescene has the authority and the right to at any time it sees fit to change or modify all or any part of these terms and conditions.
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