River Cruise Your Way

Terms & Conditions

Terms & Conditions

AUTHORIZE PAYMENT: If you authorize payment to Your Way Travel Services LLC dba River Cruise Your Way, you authorize Your Way Travel Services LLC dba River Cruise Your Way to charge the credit card or bank account indicated on your invoice for the noted amount on date of invoice. That payment is for the services described on your invoice. You understand that returns, refunds, and cancellations are at the discretion of Your Way Travel Services LLC dba River Cruise Your Way. You certify that you are an authorized user of said credit card and that you will not dispute the payment with any credit card company, so long as the transaction corresponds to the terms indicated on your invoice.

GENERAL:  We are River Cruise Your Way and are excited to help you with your travel planning. The following terms & conditions (the “Agreement”) describe what you can expect from us. The terms “we”, “us”, and “our” refer to Your Way Travel Services LLC dba River Cruise Your Way and the term “you” or “passenger” or “customer” refers to the individual who signs this agreement.

Please thoroughly review these terms and conditions of Your Way Travel Services LLC dba River Cruise Your Way and www.rivercruiseyourway.com, herein referred to as RCYW. The addressee of this notice will be the only recipient of this booking receipt and terms and conditions. It is the sole responsibility of the addressee to inform all other parties traveling in their party of the contents of these terms and conditions. The booking passenger, by accepting this receipt and making payment to RCYW, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services.

BOOKING ACCURACY/LEGAL NAMES:  Passenger is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify RCYW immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the passenger’s LEGAL first & last names. It is mandatory that guest names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents, in particular their government issued passports.

TRAVEL DOCUMENTS:  Passenger(s) assumes sole responsibility to independently confirm all documentation requirements for all passport, visa, vaccination, or other entry and/or travel requirements of each destination. Passenger(s) assumes sole responsibility for, and hereby releases RCYW from any claims or responsibility for any and all damages incurred as a result of Passenger(s) failure to comply with applicable documentation requirements, including but not limited the requirement that all Passengers procure, and have on their person the proper travel documents at all times. RCYW recommends the Passenger(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements.  For assistance, please contact RCYW and we will be happy to assist you in locating this information.

PAYMENTS: RCYW accepts Visa, American Express, Discover, and Mastercard as well as personal checks for payments for service fees and specific items paid directly to RCYW.  RCYW will advise Passenger on forms of payment for services paid directly to suppliers. These payments will be required per the payment schedule dictated by the supplier and presented to the Passenger.  RCYW holds reservations until “Deposit Due Date” or “Payment Due Date” indicated on your confirmation. If quoted deposit/payment is not received by RCYW on or before the Deposit or Payment Due Date, reservations are automatically cancelled. Failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. Please contact us immediately, and in advance of your payment due date, if you will be unable to meet this obligation. Without limitation, Passenger(s) voluntarily hold RCYW harmless for cancellation of any booking for either late payment or declination of a credit card.

PRICING: Prices and availability quoted by RCYW are not guaranteed until deposit or full payment as specified is fully paid. Pricing and availability may change without notice after a trip component quote and before a deposit or payment is made. Passenger agrees that RCYW is not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor is RCYW responsible for any errors or omissions that may occur as a result of incorrect information from third parties. Suppliers reserve the right not to honor any published prices that it determines were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold RCYW harmless for any actions or damages arising from Supplier pricing.

RCYW reserves the right to charge Passenger(s) for any increase in taxes, fees or surcharges (i.e. fuel). Passenger(s) acknowledge this right and agree to pay any such additional taxes, fees, and surcharge.

AIRFARE:

a. General Conditions Governing Airline Transport

Airline tickets are typically highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee.  Passenger is responsible for any such fees.  With regard to the purchase of air tickets, RCYW acts simply as an intermediary between you and the airline.  Once you book a reservation, your credit card or debit card will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings.

All tickets will be issued for the class of service agreed by the Passenger.  All travel will be round-trip unless agreed by the Passenger.  Seat assignments are subject to the airlines policies and may not be able to be made until you are at the airport on the day of departure.  Airline tickets booked through RCYW may not be eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline prior to the stated date of departure.

RCYW’s responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage.  The airline fulfilling your contract of carriage may change from the airline mentioned by RCYW.  RCYW is not able to specify the type of aircraft to be used by any airline.  If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. RCYW will not provide any refund for Trips missed, in part or full. RCYW will however work with the Passenger on any air transport booking, change or cancellation – during normal business hours listed on our website.

b.  Prohibited Practices

You agree that you will not deviate from your booking by making any unscheduled stopovers prior to your ticketed destination.  Tickets may not be purchased and used at fare(s) from an initial departure point on the ticket which is before the your actual point of origin of travel, or to a more distant point(s) than your actual destination being traveled even when the purchase and use of such tickets would produce a lower fare. This practice is known as “Hidden City Ticketing” or “Point Beyond Ticketing” and is prohibited.  RCYW will not assist or book any “Hidden City Ticketing” or “Point Beyond Ticketing” on behalf of the Passenger. The purchase and use of round-trip tickets for the purpose of one-way travel only, known as “Throwaway Ticketing” is also prohibited.  The use two or more different tickets issued at round trip fares for the purpose of circumventing applicable rules (such as advance purchase/minimum stay requirements) commonly referred to as “Back-to-Back Ticketing” is also prohibited.

Where a ticket is purchased and used in violation of these rules, RCYW and the applicable air carrier have the right in their sole discretion to take all actions permitted by law, including but not limited to, the following:

1) Invalidate the ticket(s);

2) Cancel any remaining portion of your itinerary;

3) Confiscate any unused Flight Coupons;

4) Refuse to board you and to carry the your baggage;

5) Assess you for the actual value of the Ticket which shall be the difference between the lowest fare applicable to your actual itinerary and the fare actually paid;

6) Delete miles in your frequent flyer account and/or terminate your participation in the frequent flyer program;

7) Take legal action against you.

c. Loss of air tickets

You agree to safeguard any and all paper produced tickets and bear any and all costs related to loss or theft.  If you lose your paper air ticket or if your ticket is stolen, RCYW advises that you immediately report it to the police and to the airline. RCYW advises to always use e-tickets for air travel.

d. Luggage

Each airline has its own policy regarding luggage.  We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage.  If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.

The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes.  In the event of damage, late forwarding, theft or loss of luggage, you should contact the your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration.  RCYW strongly recommends that you obtain an insurance policy covering the value of your items.

RCYW may offer information pertaining to airline luggage policies and restrictions; however RCYW can not be held liable for incorrect or misinterpreted information regarding luggage policies and restrictions for any airline.  Airlines reserve the right to change their luggage policies and restrictions at any time.

e. Limitation of Liability for Air Transport

IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT WOT IS NOT LIABLE  FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY AIRLINE TIMETABLE CHANGES, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL PROBLEMS, INCLEMENT WEATHER, SEATING REASSIGNMENTS, LOST/DELAYED BAGGAGE, SCREENING AND SECURITY DELAYS, REFUSED BOARDING OR FAILURE TO CHECK-IN PROPERLY.

ACCOMMODATIONS AND ACTIVITIES:  “Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, condos, quarters in cruise ships, motels, time shares, camp grounds, and resorts.

a. Accommodation classifications

The number of stars attributed to the hotels and other providers of accommodations quoted by RCYW correspond to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country.  The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from customers. RCYW makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible.  You would bear any additional costs, i.e. upgrades, etc.  We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services.  This would only be in exceptional circumstances and in such cases we will inform you as soon as we are aware of this necessity.

b. Taking possession of and vacating your room

Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times.  RCYW is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room.

c. Types of room

Room classifications and amenities may vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay.   RCYW makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.

d. Meals

These depend on a meal plan chosen – if applicable.

•           All-inclusive.  This includes accommodation, breakfast, lunch, dinner and normal drinks (mineral water, fruit juice, sodas, wines, local alcohol). Some alcoholic drinks may not be included and will be billed separately.

•           Full board.  This includes accommodation, breakfast, lunch and dinner, but no drinks.

•           Half board.  This includes accommodation, breakfast and either dinner or lunch, but no drinks.

In the case of full board or half board, drinks are not included, unless specifically mentioned in the description.  In some countries drinking water is not always available, and any bottles of drinking water bought are therefore at the customer’s expense.  It is necessary to comply with the all relevant rules, particularly with regard to the opening hours of the restaurant(s) or bar(s), and the places designated for the consumption of meals and drinks.

e. Activities offered during your stay

An activity may not be appropriate for all ages or for individuals with certain medical conditions. RCYW may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.

It may happen that certain activities referred to in the Trip description are no longer provided by our local provider for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples:  group sports, children’s clubs). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress.  As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions.  Particularly during the high season it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand.  The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question.  You agree that RCYW is not liable for activities unavailable due to any of the reasons listed above.

YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WOT SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ACTIVITY.

f. Infants

We ask parents travelling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination.  You may be asked to pay a charge, for example for provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.

g. Pregnant women

RCYW advises pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them participate in the Trip.   You agree that RCYW will not be liable for any damages arising from inability to participate in any or all of the Trip due to pregnancy or related illness and no compensation will be payable under such circumstances.

h. Travelers with special needs or disabilities

If you have special needs or a disability you must call the provider of your accommodations ahead of time and verify that special needs can be met. RCYW make no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients.  RCYW has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.

CANCELLATION POLICIES: All cancellations or no-shows are subject to penalties imposed by the supplier. If you require a copy of these terms, please contact the supplier or your agent at RCYW. Additionally, all booking cancellations, transfers to another Agency, or no-shows are considered cancellations and subject to a non-refundable $100 per person fee imposed by RCYW.

All cancellations MUST be in writing and sent to RCYW by email to contact@westorangetravel.com.  Cancellations sent to any other address will not be processed.  Upon making the booking, Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by RCYW and the supplier. Cancellations are posted on day that the complete cancellation documents are received by RCYW so long as they are received before 5:00 p.m. Eastern Time on a business day.  All other cancellations will be posted on the next business day.  Your cancellation will be confirmed via email when processed.

FORCE MAJEURE: “Force Majeure” means, in relation to RCYW, any circumstances beyond the reasonable control of RCYW, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, pandemic, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).

RCYW shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.

If RCYW, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by RCYW to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although RCYW shall use its reasonable efforts to reimburse you where possible. However, RCYW shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to RCYW of the Force Majeure and applicable cancellation fees.

TRAVEL PROTECTION: Travel insurance protection is Strongly Recommended. As your travel agent, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your vacation. While we do offer coverage through certain carriers and can provide that information, we cannot compare all the policies or companies currently in the marketplace. The responsibility rests solely with you the customer to do your research to insure your coverage best fits your individual needs. RCYW is limited to advising you of the need for such coverage and securing coverage only in certain circumstances.

By declining travel protection, you acknowledge and accept liability for any cancellation penalties, damages and/or out–of-pocket expenses incurred.  You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if you decline this type of coverage, you have waived your right to this important coverage and your confirmation will note “declined” next to the travel protection section of your confirmation. If you HAVE purchased travel protection, please remember to review your confirmation for accuracy and call us immediately if you believe you have travel protection and your confirmation indicates declined. Failure to contact us will be considered waiver of travel protection.

We urge you to read your policy when it arrives as it contains important information. This information includes, but is not limited to, details on the extent of coverage and procedures for making a claim.

All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you the passenger are responsible for reviewing upon receipt of your travel protection policy. RCYW is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage should be directed to your particular travel insurance provider.  Please note that the travel insurance provider may not be allowed to discuss your claim with RCYW due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that RCYW cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that RCYW has no control over the travel insurance provider or its coverage decisions, and as a result RCYW is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.

AGENT/INTERMEDIARY: WOT is simply an intermediary between the Suppliers and the Passengers. RCYW does not own or operate any hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines,  travel protection companies, attractions, or other travel-related Suppliers who provide goods or services for the Passenger(s)’ trip.  Passenger(s) acknowledge and agree that RCYW shall not be responsible for any loss, damage, delay, inconvenience or injury to Passenger(s) or group members as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any person other than RCYW or its direct employees, including but not limited to these Suppliers, their employees, agents, servants, or representatives.

Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger(s) acknowledge and agree that RCYW is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control.  RCYW is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip.

RCYW recommends that all Passengers be in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to RCYW at the time of reservation upon initial booking so RCYW can contact the Suppliers to investigate amenities and/or special accommodations offered.  Passenger is required to provide his or her own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, Suppliers may require that the Passenger be accompanied by a companion who is capable of, and responsible for, providing such assistance. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that RCYW shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.

While WOT prides itself on selecting top quality Suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied.  Passenger(s) acknowledge and agree that RCYW shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier.  In no event shall RCYW be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, on board a cruise ship, on tenders, on shore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The Passenger admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation and handling of passengers and baggage.

LIMITATION OF LIABILITY:  Without limitation, Passenger(s) assume the risk of, and agree that RCYW is not liable for any damages arising from or related to any act of God or public enemies, arrest, restraints of any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion, collision, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at commencement of the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.

MODIFICATION OF TERMS AND CONDITIONS:  The Terms and Conditions may be amended or modified by RCYW at any time without notice.  It is therefore essential that you consult the Terms and Conditions prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you.

Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with RCYW.  Without this acceptance any order is subject to cancellation at any time.

The failure of RCYW to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. RCYW does not guarantee it will take action against all breaches of this these Terms and Conditions.

SEVERABILITY:  If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

HEADINGS:  Headings are for reference purposes only and do not limit the scope or extent of such section.

MANDATORY ARBITRATION / FORUM / CHOICE OF LAW:  The Parties hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of Florida.   The Parties agree that the arbitration shall take place in Orange County, Florida and will be conducted by a single mutually agreed upon arbitrator.  The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award.  Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against RCYW. If Passenger(s) fails to submit their claim to arbitration and instead files suit, RCYW shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. Passenger(s) and RCYW agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.