Uniworld Boutique River Cruises
LEGAL NOTES
ATTORNEY FEE PROVISION:
This Agreement is deemed to be entered into in Los Angeles, California. The exclusive venue for any action concerning the interpretation, enforcement, or breach of any term, obligation, or duty as contained or related to these Terms and Conditions or any grievance relating to the cruise and/or tour shall be solely in the Superior Court of California, Los Angeles County, Van Nuys District.
This Agreement shall be construed according to the internal laws of California without regard to conflicts of law principles. All guest claims must be submitted in writing and received by Uniworld no later than 60 days after completion of the Uniworld vacation. Guest claims not submitted and received within this time shall be deemed to be waived and barred. In any legal action, arbitration, or other proceeding to enforce, interpret or construe the terms of this Agreement, or concerning any grievance relating to the cruise and/or tour, the prevailing party shall be entitled to recover actual reasonable attorneys’ fees, costs and expenses.
RESPONSIBILITY AND WAIVER
The responsibility of Uniworld River Cruises, Inc. is strictly limited. Uniworld promotes and sells tour programs consisting of certain travel services on cruise ships (“Vessels”) or other modes of transport (“Transport”). Uniworld does not own or operate any of the Vessels/Transport. The owners, operators and charterers (“Suppliers”) of the Vessels/Transport are independent of Uniworld. Uniworld makes no representations or warranties concerning the Suppliers or the Vessels/Transport. Uniworld assumes no liability for any acts or omissions of any Supplier including, without limitation, those involving cancellation of tours/cruises, schedule changes, rerouting, delays, damage to or loss of baggage, property damage, equipment failures, accidents, death or injuries to persons regardless of cause, whether or not services are tendered or transportation provided are arranged through Uniworld. Accordingly, you will not have any right to claim or recover against Uniworld as a consequence of any negligent or willful act or failure to act of any Suppliers or the condition or operation of any Vessels/Transport. Notwithstanding anything herein to the contrary, the liabilities and obligations of the Suppliers to you and your rights against the Suppliers, are subject to any and all Terms and Conditions of the Suppliers’ contract of carriage and any and all governmental/jurisdictional laws and regulations bearing upon or otherwise relating to such rights, liabilities and obligations, including, without limitation, choice of law, jurisdiction of disputes, limitations of liability and limitations on the time to file claims. By utilizing the travel services of the Suppliers, you agree that you will look to such Suppliers for any accident, death, injury, property damage, or personal loss to you or to those traveling with you, and that neither Uniworld nor any representative of Uniworld shall have any liability whatsoever.
CALIFORNIA SELLER OF TRAVEL LAW
Uniworld River Cruises, Inc., is a registered seller of travel in the State of California, CST #2075415-20, and is a participant in the Travel Consumer Restitution Fund. Registration as a seller of travel does not constitute an approval by the State of California. A complete explanation of your rights under the California Seller of Travel Law can be found at oag.ca.gov/travel.
OMISSIONS
Uniworld is not responsible for omissions, printing and/or presentation errors in brochures, on Internet sites, or in any other media where such information may be presented; Uniworld reserves the right to make corrections as required.
AGREEMENT
The payment of a deposit and/or the issuance of tickets or vouchers shall be deemed your consent to the Terms and Conditions as presented herein. It is specifically agreed that this agreement is entered into in Los Angeles County, California, and in the event any legal or equitable action is initiated concerning the interpretation, enforcement, or breach of any term, obligation, or duty as contained or related to these Terms and Conditions, the exclusive venue for such action shall be solely in the Superior Court of California, Los Angeles County, Van Nuys District. This agreement shall be construed in accordance with California law without regard to conflicts of law principles.
TIME OF PUBLISHING
The Terms and Conditions listed are those in effect at the time of printing and remain in effect until replaced. These Terms and Conditions replace all previous versions.
YOUR CRUISE TICKET CONTRACT
Transportation aboard the ship is provided solely by the Suppliers (ship owners and charterers) pursuant to the Terms and Conditions of the Passenger Ticket Contract that you will receive prior to embarkation. A copy of the Passenger Ticket Contract will be provided with your final documentation or earlier, upon request, or can be viewed on our website at uniworld.com. Please note the Passenger Ticket Contract includes a clause specifying the courts of Basel, Switzerland as the exclusive forum for resolving disputes. The Passenger Ticket Contract is governed by the laws of Switzerland and is subject to limitations of liability and time limits for making claims under the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 1974 (“Athens Convention”) and the International Convention on Limitation of Liability for Maritime Claims, 1976 (“1976 Convention”). Where the terms of this Contract conflict with any applicable mandatory provision of law or international convention, including, where applicable, the Strasbourg Convention on the Limitation of Liability in Inland Navigation, 2012 (the “CLNI Convention”), the provisions of that law or convention prevail. Copies of applicable Conventions are available on request.
THE USTOA $1 MILLION TRAVELERS ASSISTANCE PROGRAM
Uniworld River Cruises, Inc., shares the coverage available under the USTOA $1 Million Travelers Assistance Program with other affiliates of The Travel Corporation which, 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 Uniworld River Cruises, Inc., customers in the unlikely event of Uniworld River Cruises, Inc., bankruptcy, insolvency or cessation of business. Further, you should understand that the $1 Million posted by The Travel Corporation may be sufficient to provide only a partial recovery of the advance payments received by Uniworld River Cruises, Inc. More details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 275 Madison Avenue, Suite 2014, New York, New York 10016, or by email to information@ustoa.com or by visiting their website at USTOA.com.