General terms for travelers booking through agents

GENERAL TERMS

These general terms are between you, the traveler and Aqua Expeditions (“General Terms”). If the booking was made by you on behalf of yourself and other persons named in the booking, you are referred to as the "Lead Traveler".

The Lead Traveler represents and warrants that he/she:

(a) has the legal authority to enter into and accept these General Terms on behalf of all persons named in the booking; and

(b) has obtained the express consent of all such persons (or their parents/guardians in the case of minors) to be bound by these General Terms.

The Lead Traveler and the persons named in the booking are each referred to as a “traveler” in these General Terms.

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

ITINERARIES

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 

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

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

Each traveler must complete the online check-in personally at least 30 days before embarkation.

ECONOMIC SANCTIONS

The traveler represents and warrants that:

• She/he 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.

• She/he and any member of the group traveling with them is not 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”).

The traveler shall immediately notify Aqua Expeditions if she/he and any of the travelers in their group are added to a sanctions list.

Any violation of the provisions of this article constitutes a breach of these General 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 

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 

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.

DIERTARY 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

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 LOYALTY PROGRAM

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

LIMITATION OF LIABILITY 

Aqua Expeditions shall under no circumstances be liable to 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 General 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 any traveler in respect of all other losses arising under or in connection with the booking shall in no circumstances exceed the total 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.

INDEMNIFICATION 

The traveler shall indemnify, defend, and hold harmless Aqua Expeditions, its affiliates, officers, crew, and employees against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal costs) suffered or incurred by Aqua Expeditions arising out of or in connection with:

(a) any damage to the vessel, property, or equipment caused by the traveler;

(b) any injury or loss caused by a traveler to other travelers, crew members, or third parties caused or contributed by the traveler; and

(c) any fines, penalties, or charges imposed on Aqua Expeditions by any port, customs, or other governmental authority due to the failure to comply with local laws, regulations, or visa requirements by the traveler.

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 LAW AND JURISDICTION

These General 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 General 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).