Masthead image

Booking Policies for Agents and Travel Advisors

 

TERMS & CONDITIONS 

These terms and conditions are between you, the Agent, and Aqua Expeditions (“Terms”). It is intended that the Agent will make bookings on behalf of travelers.

 

GUEST TERMS AND ACKNOWLEDGEMENT

The Agent acknowledges that the carriage of any traveler is subject to that traveler’s consent to Aqua Expeditions’ general terms and conditions (“General Terms”). The Agent expressly undertakes to provide a full and legible copy of the General Terms to each traveler prior to making any booking for the traveler. The Agent shall ensure that each traveler (or the lead traveler acting with authority for a group) provides an express written or electronic acknowledgement confirming that they have received, read, understood, and accepted the General Terms before the booking is made. The Agent shall retain such proof of acknowledgement for a period of at least two (2 years) after the completion of the voyage the booking was made for. The Agent shall provide copies of the proof of acknowledgement to Aqua Expeditions upon receipt. The Agent shall indemnify, defend, and hold Aqua Expeditions harmless against all resulting liabilities, damages, claims, and additional costs (including legal fees) that Aqua Expeditions may incur in connection with any failure of the Agent to comply with this requirement.

While Aqua Expeditions takes every care in considering the terms applicable to bookings, Aqua Expeditions reserves the right to amend these General Terms.

 

BOOKING POLICY

  • For Courtesy Holds: Any FIT reservation will be recorded as a courtesy hold for a maximum of 7 days. Aqua Expeditions staff will contact the Agent to process payment as per standard T&Cs.
  • For Confirmed Bookings: A deposit of US$ 1,000 per person is required to confirm the booking. For reservations made 90 days or less prior to departure a full, non-refundable payment is required to confirm the booking.
  • The payment of the deposit or the full booking amount represents the acknowledgement and acceptance of these Terms.

 

RESERVATIONS & PAYMENTS (Excluding Charters)

  • Reservations made 90 days or less prior to departure: A full, non-refundable payment is required to confirm the booking.
  • Reservations made 91 days or more before departure: A deposit of US$ 1,000 per person is required to confirm the booking. The final balance is required 90 days prior to departure.

If the payment is not received on time, the space(s) will be automatically released.

 

RESERVATIONS CANCELLATION POLICY (Excluding Charters) **

  • For Cancelations made 121 days or more before departure: The deposit will be refunded, less a US $500 service charge per person.
  • For Cancelations made 120 to 91 days prior to departure: All deposits are non-refundable.
  • For Cancelations made 90 days or less prior to departure: Full payment will be applied as the cancelation penalty.

 

CHARTER RESERVATIONS & PAYMENTS

The following terms apply to reservations to charter the entire vessel:

  • First Deposit: An initial deposit of 20% of gross charter hire cost is due at the time of signing. All deposits are non-refundable.
  • Second Deposit: A second deposit of 30% of the gross charter hire cost is due 180 days prior to departure. All deposits are non- refundable.
  • Final Payment: Balance is due 90 days prior to departure. All deposits are non-refundable.

For any advanced purchase request, an Advanced Purchasing Allowance (APA) of at least 10% of the gross charter rate must be provided by the charterer.

 

CHARTER RESERVATIONS CANCELLATION POLICY ** 

The following terms apply to a cancellation of a reservation to charter the entire vessel:

  • For Cancelations made 91 days or more prior to departure: All deposits are non-refundable.
  • For Cancelations made 90 days or less prior to departure: Full payment will be applied as the cancelation penalty.

In case of a Force Majeure Event (defined below), the charterer is entitled to reschedule the trip at no additional cost and/or to cancel the trip. In such an event, Aqua Expeditions will offer credit towards a future voyage on any Aqua Expeditions cruise or, as an alternative, offer a pro rata refund per cruise night not used. The basis of the credit or pro rata refund is the net price Aqua Expedition receives from the Agent in respect of the traveler’s booking. The charterer should make any effort to reschedule the trip within the following 12 months from the original date of departure.

 

CREDIT CARD PAYMENT POLICY

Please note that all payments for final balances and full payments from our Tour Operator and Destination Management Company partners must be paid in the form of bank wire transfers. Aqua Expeditions does not accept credit card payments for final balances and full payments from Tour Operators and Destination Management Companies.

**In the event of cancellations, wire fees and credit card commissions may be deducted when calculating refunds.

 

DEPARTURE DATE CHANGE POLICY

Aqua Expeditions permits travelers to change the departure date of their cruise at least 181 days prior to their original date of departure without penalty. A fee of US$500 per person will be applied for date changes made between 180 and 121 days prior to departure. No date changes are permitted within 120 days from departure.

 

REFUND POLICY

Please note that Aqua Expeditions will only refund to the same bank account or credit card previously used to make payments.

 

ITINERARIES

The Agent acknowledges that cruise itineraries, routes, departure/arrival times, excursions and ports of call are indicative only and subject to change without prior notice. Aqua Expeditions and the captain of the vessel reserve the absolute right to modify the itinerary, omit or substitute any port of call, or deviate from the scheduled route at any time, if in the sole opinion of the captain or Aqua Expeditions, such change is necessary or advisable for the safety of the vessel, passengers, or crew, or due to a Force Majeure Event, weather conditions, mechanical difficulties, flight disruptions, port congestion or similar events. In the event of such itinerary changes or delays, Aqua Expeditions shall have no liability to the Agent or the traveler for any resulting loss or damage.

 

MEDICAL AND HEALTH

The Agent acknowledges that travelers should be in good physical health to make the most of their cruise and enjoy the excursions. Each traveler certifies, at the time of booking, that he/she is fit to travel at sea or on a river and that his/her state of health or conduct will not be detrimental to other travelers or to the smooth running of the itineraries and planned activities. Travelers should declare any relevant medical history to Aqua Expeditions prior to undertaking any activities off the vessel, including but not limited to snorkeling, swimming, walking, diving, etc.

 

NAME CHANGE POLICY

Aqua Expeditions permits travelers to change their names to other travelers’ names without penalty up to 30 days before departure.

 

TRAVELERS' RESPONSIBILITIES 

The Agent acknowledges that travelers have responsibilities towards both their fellow travelers and the Aqua Expeditions’ crew. Every traveler should review the conditions contained in the trip itinerary, observe all safety requirements on board and on excursions, and act in an appropriate and respectful manner towards the crew members and their fellow travelers.

 

CHECK IN

The Agent acknowledges that each traveler must complete the online check-in personally at least 30 days before embarkation. The Agent shall inform each traveler to complete the online check-in accordingly.

 

ECONOMIC SANCTIONS

The Agent represents and warrants that it will comply with all restrictions and/or prohibitions applicable to commercial transactions under any law, regulation, rule, or other decision issued by any governmental entity, including, but not limited to, Singapore, the United States, the European Union, and the United Nations.

The Agent shall immediately notify Aqua Expeditions if its co-contractors or travelers are added to a sanctions list.

The Agent shall not enter into, directly or indirectly, any agreement or transaction with a “blocked person” or a “specially designated national” as defined by U.S. Office of Foreign Assets Control, a “denied person” as defined by the U.S Bureau of Industry and Security, a “designated person” or “listed person” as defined by the European Union or the U.K’s Office of Financial Sanctions Implementation or similar institutions in connection with the goods or services provided under these Terms (“Sanctioned Person”).

Any violation of the provisions of this article constitutes a breach of these Terms entitling Aqua Expeditions to suspend and/or terminate the booking at any time without liability (including any need to make any refund) to Aqua Expeditions.

 

RIGHT TO REFUSE CARRIAGE

The Agent acknowledges that Aqua Expeditions and the captain of the vessel reserve the absolute right to refuse boarding to, or to disembark, any traveler who, in the sole discretion of Aqua Expeditions or the captain:

(a) is medically or physically unfit for travel or poses a danger to the health and safety of themselves or others;

(b) fails to comply with any lawful instruction of the captain or crew;

(c) engages in behaviour that is disruptive, abusive, or contrary to Aqua Expeditions' policies;

(d) is a Sanctioned Person (as defined under Economic Sanctions); or

(e) fails to comply with these General Terms.

In the event of such refusal of carriage or disembarkation, Aqua Expeditions shall not be liable for any resulting costs, expenses, or losses incurred by the Agent or the traveler. Neither the Agent nor the traveler shall be entitled to any refund of the booking price.

 

TRIP CURTAILMENT AND VESSEL REPLACEMENT

The Agent acknowledges that Aqua Expeditions may cancel any booking, substitute the vessel, or curtail the itinerary at any time (whether prior to departure or during the voyage) due to operational reasons, mechanical failure, vessel accident, dry-docking, essential maintenance, or a Force Majeure Event. In the event that the vessel is withdrawn from service or the voyage is cancelled or curtailed for any of those reasons, and Aqua Expeditions is unable or elects not to provide a substitute vessel, Aqua Expeditions reserves the right to cancel the trip (or the remaining trip) and offer credit towards a future voyage on any Aqua Expeditions cruise or, as an alternative, offer a pro rata refund per cruise night not used. The basis of the credit or pro rata refund is the net price Aqua Expedition receives from the Agent in respect of the traveler’s booking.

 

DIETARY NEEDS

Aqua Expeditions should be contacted at least 30 days prior to embarkation regarding travelers’ specific dietary needs. Every effort will be made to cater to special dietary needs, and to accommodate special requests, subject to product’s availability.

 

TRIP CANCELATION INSURANCE 

The Agent acknowledges that travelers are strongly advised to purchase trip cancelation insurance, which will reimburse the cost of air tickets and other non-refundable trip payments. International medical, baggage loss, and delay insurance are also recommended. Aqua Expeditions assumes no liability for lost or stolen personal belongings.

 

GUEST LOYTALTY PROGRAM

The Agent should inform the travelers that repeat eligible travelers may redeem certain benefits from their second and subsequent bookings with Aqua Expeditions. Details of the program, eligibility and full terms and conditions can be found at the following link: https://www.aquaexpeditions.com/loyalty?tab=faqs

 

RATE PARITY POLICY 

Published rack rate prices established by Aqua Expeditions apply across all sales outlets and sales channels without exception. Aqua Expeditions reserves the right to suspend relations with any company that fails to respect this rate parity by promoting our itineraries below our published rates.

 

COMMISSION POLICY

Aqua Expeditions is pleased to extend commission to Agents. The commission is calculated on the fare, minus any discounts. Commission payments will be issued after Aqua Expeditions has received full and final payment and once, the booking is within the 90-day non-refundable cancelation period. All payments are paid via bank wire. The Agent must submit an invoice with bank wire / ACH payment details to Aqua Expeditions when requesting the commission payment.

 

LIMITATION OF LIABILITY

Aqua Expeditions shall under no circumstances be liable to the Agent or any traveler, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, or any indirect or consequential loss arising under or in connection with these Terms. Nothing in these Terms shall limit or exclude Aqua Expeditions’ liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be limited or excluded by applicable law. Subject to the above and without prejudice to any applicable international maritime conventions, Aqua Expeditions’ total liability to the Agent or any traveler in respect of all other losses arising under or in connection with the booking shall in no circumstances exceed the total net price paid in respect of that traveler for the booking giving rise to the claim (“Cap on Liability”). In the event of a claim by the Agent and a traveler for the same booking, the aggregate liability of Aqua Expeditions for all claims by the traveler and the Agent for the same booking shall not exceed the Cap on Liability.

 

COMPLIANCE WITH LAWS AND REGULATIONS

Agents declare they will continue to comply throughout the validity of these Terms, expressly and without reservation, in the conduct of its business, where applicable, with international and national legal standards relating to:

  • fundamental human rights, in particular the prohibition of:

o the use of child labor and any other form of servile, forced, or compulsory labor;

o any form of discrimination within its company or towards its suppliers or subcontractors;

  • non-discrimination: no distinction between individuals based on their social or ethnic origin, gender, age, religious beliefs, disability, etc.
  • economic sanctions, embargoes, arms and drug trafficking, and terrorism;
  • trade, import and export licenses, and customs;
  • the health and safety of personnel and third parties;
  • labor, immigration, and the prohibition of illegal employment;
  • environmental protection;
  • cybersecurity and data protection;
  • economic offences, in particular corruption, fraud, influence peddling (or equivalent offences of breach of integrity under the national law applicable to this Terms) as set out in particular in the 1997 OECD Convention on Combating Bribery, the 2003 United Nations Convention against Corruption (UNCAC), the French law known as “Sapin II”, the UK Bribery Act 2010, and the US Foreign Corrupt Practices Act 1977;
  • the fight against money laundering and terrorist financing;
  • competition law;
  • the protection of personal data, as set out in particular in the European General Data Protection Regulation (GDPR). If local legislation or regulations impose more stringent ethical standards, those more stringent standards shall apply. Otherwise, the ethical standards contained in this article shall apply.

Any violation of the provisions of this article constitutes a breach of these Terms entitling Aqua Expeditions to suspend and/or terminate the booking without liability (including any need to make any refund) to Aqua Expeditions.

 

ANTI-CORRUPTION

The Agent warrants that it complies and will comply with all applicable laws, regulations, codes, and sanctions relating to corruption (hereinafter referred to as “Anti-Corruption Laws”). In particular, the Agent warrants and undertakes not to offer, promise, give, authorize, solicit, or accept any undue advantage, financial or otherwise, related to these Terms that could constitute an illegal practice under the Anti-Corruption Laws.

Any violation by the Agent of an anti-corruption law or any other commitment under this article shall be considered a material breach of these Terms.

In the event of a breach by the Agent of one or more Anti-Corruption Laws or any other commitment under this Article, the Agent shall indemnify Aqua Expeditions against any action or claim, and/or compensate Aqua Expeditions for any amount paid, of any nature whatsoever, resulting from such breach. Aqua Expeditions shall not be liable for the acts and conduct of the Agent.

 

FORCE MAJEURE

"Force Majeure Event" means any event or circumstance beyond the reasonable control of Aqua Expeditions, including but not limited to: epidemics or pandemics; war, civil war, or civil commotion; any law or any action taken by a government or public authority (including port authorities), failing to grant a necessary licence or consent; fire, explosion or accident.

 

APPLICABLE LAWS AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of Singapore for bookings related to Aqua Mare, Aqua Blu, Aqua Mekong and Aqua Lares and any vessels other than the Peru Vessels (“Singapore Vessels”).

Any dispute arising out of or in connection with bookings related to Singapore Vessels, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The law governing this arbitration agreement shall be Singapore law.

These Terms are governed by and construed in accordance with the laws of Peru for bookings related to Aria and Aqua Nera (“Peru Vessels”). Any dispute arising out of or in connection with bookings related to Peru Vessels, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Arbitration Center of the Lima Chamber of Commerce (“CCL”). The arbitration shall be conducted in accordance with the arbitration rules of the CCL. The seat of the arbitration shall be Lima, Peru and the language of the arbitration shall be English (unless otherwise agreed by the parties).