General Inclusions
All
cruises include group shore-excursions, entrance fees, transportation,
tour guide services (English speaking), taxes, fuel, river pilots, port
dues, transfers in from/to the meeting point to/from
embarkation/disembarkation point or vice versa. Food and beverages
includes full board. Mineral water, coffee/tea (from jug) is included
all day. Fresh fruit juices are included in addition during breakfast
and afternoon tea.
Exclusions
Port
tax per passenger of US$ 65 (levied by Burmese Port authorities and
port taxes appear on our invoice). Crew gratuities (US$ 8- US$ 10 per
passenger/day are recommended) and fuel surcharges if any (see terms and
conditions), Credit card fees (3%), banking fees
1. Terms and Conditions (Booking/Reservation/Payment Policy)
If
a booking is made more than 90 days of departure date, a 30%
non-refundable deposit must be made within 10 days after receiving
confirmation. Full fare payment must be made at least 61 days before
departure.
If a booking is made less than 90
days but more than 30 days of departure date, a 50% non-refundable
deposit must be made within 10 days after receiving confirmation. Full
fare payment must be made at least 31 days before departure.
If
a booking is made less than 30 days of departure date, full fare
payment must be made within 48 hours after receiving confirmation.
2. Cancellation Policy
Confirmed
bookings must be cancelled in writing (email) only and this will only
be effective once the written cancellation is confirmed by RV Shin
Arahan.
Booking amendments must be submit in writing and will only be effective once confirmed by RV Shin Arahan.
For cancellations of bookings, the following charges apply.
Before 61 days 50%
30 to 60 days 75%
Less than 30 days 100%
If
deposit and final payment are not made based to the due dates mentioned
in the confirmation or upon our payment reminders RV Shin Arahan
reserves the right to release the booking without any claims for
compensation
Terms and Conditions
a. Alteration of schedule and cruise itinerary
Though
every effort will be made to ensure that the published itinerary is
followed as closely as possible, given uncertain river and other local
conditions, all schedules and itineraries maybe subject to alterations
and delays at short notice.
b. Change point of embarkation and disembarkation
Should
it prove difficult to embark or disembark passengers at the scheduled
points, RV Shin Arahan is not liable to bear any extra cost of
transporting passengers to and from the revised point of joining the
cruise or disembarking unless passengers or their agents have purchased a
complete package tour which includes land services from us. Any reason
for changing the points of embarkation or disembarkation cannot count as
a reason for cancelling this contract.
c. Passengers insurance
Passengers
must be fully insured to cover any risk of medical expenses and
repatriation (which includes remains) and RV Shin Arahan is in no way
responsible for such liabilities. Medical bills incurred whilst on a RV
Shin Arahan ship for doctor's attendance, drugs supplied, and any other
medical facilities provided by RV Shin Arahan for the passenger.
d. Loss or damage
RV Shin Arahan accepts no liability for the loss or damage to passenger's property whilst on board the vessel.
e. Fuel surcharge
Within
the ticket price fuel costs have been calculated on average prices as
of the publication of this document. Should fuel prices rise by more
than 10% the company will be entitled to impose a fuel supplement
equivalent to the amount by which the fuel price exceeds the price
allowed for in the contract.
f. Children policy
Infants
below the age of 5 years may sleep in their parent's cabin without
extra charge but the company cannot guarantee the availability of a cot.
Children above 5 years must solely occupy a bed.
g. Cancellation by us
In
the event that we are unable to provide cruise services to passengers
with confirmed bookings or departures where occupancy is less than 5
cabins, RV Shin Arahan reserves the rights to cancel the journey giving
all passengers with confirmed bookings 30 days prior notice of this
intention. An alternative cruise vessel (similar itinerary and ship
category) or an alternative departure date will be offered subject to
availability. Any surcharges or difference in cruise prices will be born
or reimbursed by RV Shin Arahan. If this alternative date or the
alternative vessel is not acceptable to the passenger any down payments
made for the cancelled cruise will be refunded. In the event that a
passenger has cancelled and paid cancellation fees and RV Shin Arahan
subsequently cancels that departure then any cancellation fees (and down
payment) will be refunded in full on the request of the passenger.
h. Change of cabin category
RV
Shin Arahan reserves the right to change a cabin billed with 60 days
notice and in the event that a passenger is downgraded to a cheaper
cabin then the difference in cost between the cabins will be refunded to
the passenger or the passenger's agents.
i. Insurance coverage
RV
Shin Arahan has arranged Public and Products Liability Insurance
through renowned insurers that cover all cruise related activities
following international standards of quality in terms of scope of cover
and limit of indemnity. A summary of insurance cover in place is
available upon request.
j. Our responsibilities
Apart
from the accommodation and services directly operated by RV Shin
Arahan, the Cruise Company does not own or operate all of the transport
or other facilities used in connection with its cruise program. RV Shin
Arahan therefore cannot accept liability for negligence of the staff of
these organizations. RV Shin Arahan make arrangement with hotel
partners, transportation companies, local boats, restaurants and other
independent parties to provide you with the travel arrangements you
purchase. These parties are independent suppliers over whom RV Shin
Arahan have no direct control. RV Shin Arahan are not liable in the
event of any failure by any person or RV Shin Arahan to render any
transportation, accommodation or other travel service to be provided on
the journey, or for expenses incurred due to delays caused by the
weather, strikes, war, civil disturbances, natural disasters, flight
delays, government actions, mechanical failures or any act of God. RV
Shin Arahan cannot assume any responsibility for flight delays,
cancellations or missed connections and are not liable for any expenses
or consequences resulting there from, and such expenses shall be borne
by the client. The participant waives any claim against RV Shin Arahan
for any damage to, or loss of, property, or injury or death, due to any
act, or negligence of any airlines, surface transportation companies,
hotels’ partners or any person rendering any of the services or
accommodation included. In case of death or injury, loss or damage to
property on board a means of transportation not owned and managed by RV
Shin Arahan, the passenger accepts to waive any right of action against
RV Shin Arahan since any claim shall be solely pursued against the owner
of the vehicle, according to the law of the country in which these
services are rendered. RV Shin Arahan cannot be held responsible for any
claim, losses, damages for delay of baggage or other properties,
inconvenience, loss of enjoyment, upset and disappointment, distress or
frustrations, whether physical or mental, resulting from any act or
omission of any independent party providing services. RV Shin Arahan
shall take all reasonable steps to ensure that organizations providing
services maintain standards which are acceptable within the norm in each
locality.
k. Baggage, valuables and other possessions
All
Baggage must be securely packed and distinctly labeled with Passenger’s
full name, the name of the Vessel, and the cabin number of Passenger
and the sailing date of the Vessel. Under no circumstances, may
dangerous articles such as firearms, explosives, oxygen or combustible
substances, alcohol, drugs, illegal substances, or dangerous goods be
taken aboard the Vessel. Any such item shall be surrendered to the
Captain of the Vessel at embarkation, and may be disposed of in the sole
discretion of the Captain. Hand or unlocked luggage, breakables and
valuables, including but not limited to jewelry, money, precious stones,
securities, financial instruments and/or tickets, must be hand-carried
by Passengers on and off the Vessel. Company shall not be responsible
for loss or damage to such items.
l. Liability limitations for loss of and/or damage to property
The
total value of the Baggage, valuables and other personal belongings of a
Passenger aboard the Vessel who does not deposit valuables for
safekeeping, as described in this Contract, shall be deemed not to
exceed the amount of US$500 per Passenger and RV Shin Arahan’s
liability, if any, for loss of or damage to such belongings is limited
to a maximum of US$500 per Passenger. RV Shin Arahan provides
safekeeping for valuables aboard the Vessel and encourages Passengers to
deposit any jewelry or other valuables brought aboard the Vessel with
the designated officer who will issue a receipt for such valuables. RV
Shin Arahan shall not be liable for any loss of or damage to money,
jewelry, precious stones, securities, financial instruments, tickets or
other valuables unless they have been delivered to the Ship Manager and a
receipt issued. The value of articles delivered for safekeeping shall
be deemed not to exceed US$500 unless RV Shin Arahan agrees in writing
to a higher value for the articles at the time of delivery to the Ship
Manager. Unless specifically provided elsewhere in this Contract, RV
Shin Arahan shall have no liability for loss or damage to Baggage or
personal effects. Personal belongings lost while unattended in public
lounges or other public areas, whether on board the Vessel or elsewhere,
are not reimbursable. Losses due to ordinary wear and tear, perils of
the river, and other acts-of-God are not reimbursable. Settlements of
reimbursable claims for lost belongings will be made on the basis of
actual cash value (replacement cost less depreciation). Settlements of
reimbursable claims for damaged items will be on the basis of cost of
repair or actual cash value, whichever is less. No amount shall be paid
in settlement of any claim without proof of the actual cash value or
repair cost as appropriate arising from the loss or damage. Such proof
must be sent to RV Shin Arahan. RV Shin Arahan liability must be proven
before any settlement will be paid.
m. Itinerary / right to change / detention
RV
Shin Arahan will make every reasonable effort to undertake the
advertised and any other agreed and offered sailings but no sailings are
guaranteed and sailings may be altered, delayed, amended, or cancelled
subject to circumstances. If the performance of the proposed voyage is
hindered or prevented (or in the opinion of RV Shin Arahan is likely to
be hindered or prevented) by high or low water levels, docking
difficulties, weather condition, breakdown of the Vessel, congestion,
lock operational malfunction, or any other cause whatsoever or if RV
Shin Arahan considers that for any reason whatsoever, proceeding to,
attempting to enter, or entering or remaining at the place of
disembarkation may expose the Vessel to risk of loss or damage or to be
likely to delay her, Passenger and his property may be landed at any
place which RV Shin Arahan or the Captain of the Vessel in his or her
discretion may reasonably decide upon, at which place the responsibility
of RV Shin Arahan shall cease and this contract shall be deemed to have
been fully performed, or if Passenger has not embarked, RV Shin Arahan
may cancel the proposed voyage and shall refund Passenger money or fares
paid in advance. RV Shin Arahan reserves the right at its sole option
and discretion, without any liability for damages or refund, of any kind
to deviate from the Vessel’s advertised or ordinary itinerary or route,
to delay, advance or lengthen any sailing, to omit or change ports of
call, to arrange for substantially equivalent transportation by another
vessel and/or by other means of transportation, including without
limitation by coach or other land transportation alternatives, whether
belonging to RV Shin Arahan or not, and to cause Passenger to disembark
from the Vessel temporarily or permanently. RV Shin Arahan may for any
reason whatsoever cancel any sailing or terminate the Contract at any
time before departure of the Vessel, and in such event, RV Shin Arahan’s
only liability will be to refund to Passenger the amount it has
received for the Contract. For purposes of assisting other vessels or
protecting life or property, the Captain of the Vessel has the right, at
his or her sole discretion, to deviate from the Vessel’s advertised or
ordinary itinerary or route, to delay, advance or cancel any sailing, to
omit or change any ports of call, to tow or to be towed, to transfer
Passenger and Passenger’s baggage to any other vessel and or other means
of transportation whether belonging to RV Shin Arahan or not, cause
Passenger to disembark the Vessel temporarily or permanently, and
Passenger shall have no claims against RV Shin Arahan in such
circumstances.
n. Health and security/indemnification by passenger
Access
to the ship at certain river stations can be difficult, with steep and
sometimes slippery river banks. Passenger represents and warrants that
Passenger is physically and otherwise fit to travel; that s/he will at
all times comply with Vessel’s rules and regulations and orders and
directions of the Vessel’s officers and staff; that his/her conduct will
not impair the safety of the Vessel or inconvenience other passengers.
RV Shin Arahan and the Captain of the Vessel, without liability, at any
time, may refuse to transport or may land any Passenger at any port or
place, or transfer Passenger to other means of transportation, because
of health or physical condition, mental disorder, failure to abide by
Vessel regulations or other causes rendering Passenger unfit to travel
on the Vessel. If Passenger is refused passage or leaves the Vessel
prior to the end of the cruise for any of the reasons described in this
section or for other reasons including, but not limited to, personal,
medical, or business reasons, RV Shin Arahan will not be required to
refund any portion of the Contract price, or be responsible for any of
Passenger’s cost. Passenger hereby consents to a reasonable search being
made of Passenger’s person, baggage or other property, and to the
removal and confiscation or destruction of any object which may, in the
opinion of RV Shin Arahan, impair the safety of the Vessel or
inconvenience other Passengers. Passenger shall indemnify RV Shin Arahan
for all penalties, fines, charges, losses or expenses incurred or
imposed upon RV Shin Arahan or the Vessel by virtue of any act or
violation of law by Passenger
o. Passenger restrictions
RV
Shin Arahan does not discriminate against persons on the basis of
disability. RV Shin Arahan is unable to accommodate women past their
sixth month of pregnancy and children less than six months of age. RV
Shin Arahan may limit the number of Passengers less than three years of
age aboard the Vessel.
Passenger is required to advise RV Shin
Arahan in writing, at or prior to the time a cruise is booked, of any
physical, emotional or mental condition which may require professional
attention during the cruise. The Vessel is not able to accommodate
wheelchairs. Passengers with mobility impairments must be accompanied by
someone who is able to assist Passenger, on shore and on board the
Vessel, and is responsible for providing Passenger all necessary aid and
facilities. If any such condition arises after the cruise is booked,
Passenger is required to advise RV Shin Arahan in writing immediately.
RV Shin Arahan and all personnel aboard the Vessel shall have no
liability to Passenger relating to such condition or its treatment.
p. No liability for medical treatment
No
staff doctors or nurses are employed by RV Shin Arahan on the Vessel.
If Passenger requires medical attention during the trip, medical
services will be provided at local facilities. Passenger shall be
responsible for all costs and expenses of medical services, treatment
and medications. RV Shin Arahan shall have no liability whatsoever for
any costs incurred in connection with medical services, or for the
quality of care Passenger receives. Passenger consents to treatment by
medical professionals designated by RV Shin Arahan, if Passenger is
unable to request or authorize medical treatment and, in the opinion of
the Ship Manager, medical attention is necessary, solely at the expense
of Passenger and without liability to RV Shin Arahan.
q. Liability limitation for loss of life or bodily injury
If
Passenger is injured, becomes ill, or dies, or Passenger’s property is
lost or damaged, or Passenger and/or his/her property is delayed, RV
Shin Arahan will not be liable to Passenger for any damages unless the
occurrence was due to the negligence of RV Shin Arahan or willful fault.
RV Shin Arahan disclaims liability to Passenger under any circumstances
for infliction of emotional distress, mental suffering or psychological
injury which was not: (i) the result of physical injury to Passenger
caused by the negligence or fault of a crewmember or the manager, agent,
master, owner or operator of the Vessel; (ii) the result of Passenger
having been at actual risk of physical injury, and such risk was caused
by the negligence or fault of a crewmember or the manager, agent,
master, owner or operator of the Vessel; or (iii) intentionally
inflicted by a crewmember or the manager, agent, master, owner or
operator of the Vessel. In no event will RV Shin Arahan be liable to
Passenger for consequential, incidental, exemplary or punitive damages.
In addition to all of the restrictions and exemptions from liability
provided in this Contract, the liability of RV Shin Arahan for the death
of or personal injury (including emotional distress or injury) to a
Passenger shall in no event exceed the monetary limitations set forth in
Article 7 of the Athens Convention. Nothing in this Contract is
intended nor shall operate to limit or deprive RV Shin Arahan of any
such statutory limitation of or exoneration from liability, or of the
benefits of any statute or law of any country which might be applicable
providing for exoneration from or limitation of liability including but
not limited to the 1976 Convention.
r. Force majeure
RV
Shin Arahan shall not be liable in any way to Passenger for death,
bodily injury, illness, damage, delay or other loss or detriment to
person or property or for RV Shin Arahan’s failure to commence, perform
and/or complete any duty owed to Passenger if such death, delay, bodily
injury (including emotional distress or injury), illness, damage or
other loss or detriment to person or property is caused by Act-of-God,
war or war-like operations, terrorist activities, civil commotions,
labor difficulties, whether or not RV Shin Arahan is a party thereto,
interference by authorities, requisitioning of the Vessel, political
disturbance, inability to secure or failure of supplies, perils of the
sea, collision, foundering of the Vessel, explosion, breakdown or
failure of or damage to the Vessel or its hull, machineries or fittings,
weather conditions, high or low water levels, lock malfunction, that
may arise or be caused by, riots, insurrection and government restraint,
fire, or any other cause whatsoever beyond the reasonable control of RV
Shin Arahan.
s. Governing law and jurisdiction
The
law governing the contract is the law of Vietnam. Any dispute,
controversy or claim relating to the contract shall be resolved by one
or more arbitrators appointed in accordance with the Rules of
Conciliation and Arbitration of the Vietnam International Arbitration of
the Chamber of Commerce. The Arbitration shall take place in Ho Chi
Minh City, Vietnam, and shall be held in English.
