GrandLuxe Rail Journeys, (formerly American Orient Express) Rail Expeditions
TERMS AND CONDITIONS OF PASSAGE AGREEMENT
"IMPORTANT NOTICE TO PASSENGERS; THIS PASSAGE AGREEMENT CONTAINS CERTAIN LIMITATIONS ON LIABILITY, INCLUDING LIMITATIONS RESPECTING INJURY TO OR DEATH OF PASSENGERS, AND DAMAGE CLAIMS RELATING TO BAGGAGE. PLEASE READ ALL THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING THIS PASSAGE AGREEMENT, BOARDING THE TRAIN AND PARTICIPATING IN TOUR ACTIVITIES, (MOTORCOACH, TRANSFERS, LODGING, DINING, ENTERTAINMENT, OR ANY OTHER ACTIVITY OR SERVICE INCLUDED WITH THIS TRIP.) ALL PASSENGERS AGREE TO ACCEPT AND BE BOUND BY ALL OF ITS TERMS AND CONDITIONS."
THE TERMS AND CONDITIONS OF THIS PASSAGE AGREEMENT WITH THE CARRIER AS DEFINED HEREIN ARE AS FOLLOWS AND WILL GOVERN THE RIGHTS AND RESPONSIBILITIES OF THE CARRIER AND ALL PASSENGERS EMBARKING ON THE TOUR PURSUANT TO THIS AGREEMENT.
1. DEFINITIONS.
(a) The words "Passage Agreement" as used herein, means a contract, which is provided by GrandLuxe Rail Journeys to each passenger.
(b) The word "Passenger" as used herein, includes all persons including any minors traveling under this Passage Agreement, and each person’s heirs and representatives. The acceptance of the Passage Agreement by a passenger will be deemed to be an undertaking and acknowledgment that he or she accepts on behalf of himself or herself and all other persons traveling under this Passage Agreement, and his or her and their heirs and representatives, that he or she and they accept and agree to all the conditions of agreement herein set out. The use of the singular herein will be deemed to include the plural where the context requires.
(c) The word "carrier" as used herein, means GrandLuxe Rail Journeys and the tour named on the ticket coupon, her owners, charterers, managers and operators, any substituted or connecting tour activity, employees, agents, officers and crew of the tour.
(d) The word "tour" as used herein, means any train and/or transportation, motorcoach, transfers, lodging, dining, entertainment, or any other activity or service operated or provided by the carrier on which the passenger may be traveling.
(e) As used herein, the term "baggage" means such baggage allowed aboard pursuant to the terms of this Passage Agreement which is placed in the passenger’s cabin, and/or any such baggage which has been stored in the train’s baggage room, holds, or safe against receipt therefore at the request of the passenger.
2. IDENTIFICATION. The name of the passenger, the tour, the departure date, the accommodations to be provided, the tour fare and the points of embarkation and final destination are as specified on this Passage Agreement.
3. CARRIER’S DISCRETION. The "carrier" may at any time, without notice, cancel the tour, change or postpone the date or time of departure or arrival, change the point of embarkation of final destination, shorten the tour or substitute transportation. In such instances, the passenger will have no claim against the carrier (whether for damages or a refund) for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense, whatsoever, in such circumstances, except as follows:
(a) If the "carrier" cancels the tour before it has started, carrier will refund the tour fare that the carrier has actually received; and not expended to accommodate the passenger.
(b) If the scheduled departure date or time is delayed and as a result thereof the passenger is not otherwise accommodated on the tour, the carrier may arrange hotel accommodations and food at no additional expense to the passenger for the duration of the delay.
(c) If the scheduled point of embarkation or final destination is changed, the carrier will arrange transportation to and from the originally scheduled point.
(d) If the tour is shortened or terminated, the carrier, at it’s option, will either make a proportionate refund of the tour fare, transfer the passenger to another tour, or transfer the passenger to the point of final destination by other means. If the scheduled length of the tour is increased, the carrier will have no liability and the passenger will not be entitled to any payment or compensation, including consequential damages.
4. PASSENGER WARRANTIES. The passenger warrants that he or she is physically and otherwise fit to undertake the scheduled tour; that he or she has received all medical inoculations necessary for the tour; that he or she will at all times comply with the carriers rules and regulations and orders and directions of the carriers, its officers and its medical staff; and that his or her conduct will not impair the safety of the tour or jeopardize or inconvenience other passengers.
5. CARRIER’S FURTHER RIGHTS. Any train or other transportation, used for the tour, either before embarkation or at any times thereafter, may remain in a station, proceed by any route and deviate from the advertised or intended route at any stage of the tour, and may proceed to and stay at any places whatsoever, one or more times, in any order, for loading or discharging fuel, stores, laborers, stowaways, passengers, or members of the carrier’s staff, for any purpose whatsoever that the carrier or officers may deem advisable. Any such procedure will be considered not to be a deviation but within the tour herein intended as fully as if specifically described herein. The above mentioned provisions are not to be considered as restricted by any words of this Passage Agreement whether written, stamped or printed. The train or other transportation may adjust or go on ways before or after commencement of the tour and may tow or be towed, and deviate for the purpose of saving life or property. If the performance of the proposed tour is hindered or prevented (or in the opinion of carrier is likely to be hindered or prevented) by war, hostilities, blockage, labor contracts, weather, insurrections, disturbances, on board or on land, restraint of any Governmental Authority, breakdown of equipment, congestions, or any other cause whatsoever, or if the carrier, proceeding to, attempting to enter, or entering or remaining at any point may expose the tour to risk of loss or damage, or be likely to delay the tour, the passenger and his or her baggage may be landed at any point or place at which the tour may call, in which event the provisions of paragraph number 3 will apply.
6. GENERAL LIMITATIONS ON CARRIER’S LIABILITY. The carrier will not be liable for loss, death, delay, injury or illness to any passenger, or loss, damage or delay to passenger’s baggage, arising from: act of God; public enemy; governmental restraint; riots; strikes; lockouts; labor trouble, epidemic; civil disturbances; perils of the rails, fuel shortages or increase in fuel cost; collision; stranding; fire; theft; crime by any person; fault in errors in navigation; explosions; failure or defect in machinery or appurtenances, equipment, furnishings, supplies or any defect of the carrier’s premises, fault or neglect of carrier, officers or members of the crew, agents, servants, independent contractors; the quality, nature or consequences of medical or surgical treatment; any loss, damage or delay arising from inherent defect, or vice or quality of the passenger’s baggage or from the insufficiency, inadequacy or absence of baggage marks or of address or description of such baggage; any loss or damage caused by delay in, or prevention of departing, prolongation of the tour, deviation or stoppage in transit, or from any calls at points or variations from the scheduled or regular course of the tour permitted by this Passage Agreement; seizure of the tour under legal process; any act, omission, fault or negligence of this passenger or any other passenger; or any other cause or circumstances beyond the control of the carrier, whether or not of the kind list herein.
The provisions of the Clause 6 will extend to each of the independent contractors (including caterers and concessionaires) as well as the servants and agents of the carrier as defined in Clause 1, and for this purpose will be deemed to constitute a contract entered into between the passenger and the carrier on behave of all persons who are its servants or agents from time to time, and all such persons will, to this extent, be deemed to be parties to this Passage Agreement.
7. BAGGAGE. The passenger expressly assumes all risk of loss with respect to the passenger’s baggage and personnel belongings, while such are in the passenger’s control.
8. THIRD PARTY PROVIDERS. Carrier is not liable for services or supplies provided by the carrier’s independent contractors including but not limited to physician, paramedic, nurse, or other persons giving service or providing to the passengers. Passengers may be charged for additional professional and non-professional services which they request.
9. PASSENGER DETENTION. If any passenger is detained on board the tour or elsewhere at any time because of quarantine, illness or other cause, all expense and losses incurred in connection with such detention will be for passenger’s account. Passengers carried on the tour beyond final destination for any reason without fault of the carrier will pay for additional costs. Should it become necessary, in the sole judgement of the carrier, to transfer the passenger for medical reasons, the cost of such transfer will be borne by the passenger.
10. PRE-DISEMBARKATION RESPONSIBILITY. If the passenger terminates stay on the tour prior to the end of the tour for any reason including, but not limited to, personal, medical or business reasons, the carrier will not be required to refund any unused portion of the tour.
11. INDEMNIFICATION. The passenger hereby indemnifies the carrier for all penalties, fines, charges, losses or damages of nature incurred or imposed upon the carrier by virtue of any act, negligence or violence of law by the passenger.
12. HEALTH CONSIDERATIONS. All passengers, including those who are physically challenged or require wheelchairs or other equipment, are required to advise carrier in writing, at or prior to the time a tour is booked, of any physical, emotional or mental condition which may require professional attention during the tour. The carrier requires that the passengers using wheelchairs and needing assistance from other persons to manage these wheelchairs, travel with someone who is able to assist them, both on land and on the tour. Decisions made by the carrier regarding passenger safety will be binding in all instances. Physically challenged passengers must bring and be responsible for all facilities related to their condition. All pregnant passengers are required to obtain a certificate of fitness from their physician.
13. SECURITY PROVISIONS. The passenger, in the interest of domestic and international security and in the interest of the convenience of other passengers, agrees and hereby consents to a reasonable search being made of the passenger’s person, baggage or other property, and to the removal or confiscation of any object which may, in the opinion of the carrier, impair the safety of the tour or inconvenience other passengers, or violate the laws of any applicable authority relative to the possession and/or transportation of non-prescription narcotics, controlled substances or any other illegal commodity of any nature.
14. CLAIMS.
(a) All claims for injury or death must be received in writing by AOE within six months after the occurrence. Any related lawsuit must be commenced within one year after the injury or death occurs. All other claims must be received in writing by AOE within 30 days after the incident occurs. Failure to comply with these terms will completely bar any such claim or suit.
(b) It is agreed between the passenger and AOE that any claim of lawsuit whatsoever arising under, in connection with or incident to this Passenger Agreement will be filed in the State of Oregon , U.S.A. to the exclusion of the Courts of any other county, state or country.
(c) All claims relating to death or personal injury will be governed by the terms and conditions of this Passage Agreement.
15. MISCELLANEOUS. The illegality or invalidity of any paragraph, clause or provision of this Passage Agreement shall not affect or invalidate any other paragraph, clause, or provision thereof. All titles set forth in this Passage Agreement are for convenience only and have no separate meaning or effect.
16. ACCEPTANCE. Your acceptance or use of the ticket voucher, payment of trip deposit, and payment of full fare constitutes agreement to these Passage Agreement terms and conditions. Any/all passengers should read and understand this Passage Agreement before partaking in an AOE packaged rail tour.
