Terms & Conditions

EGM MARKETING, INC.

PLEASE READ THIS IMPORTANT NOTICE. IT CONSTITUTES PART OF YOUR CONTRACT FOR YOUR TRIP AND ANY RELATED SERVICES. PLEASE CALL US IMMEDIATELY IF YOU HAVE ANY QUESTIONS.

Please thoroughly review these Terms and Conditions of EGM Marketing, Inc. d/b/a Anchors Away Cruises & Tours herein referred to as AACT. The primary booking passenger is the only recipient of this booking receipt and terms and conditions – multiple receipts will not be issued. It is the sole responsibility of the primary passenger/addressee to inform all other parties either listed or traveling on the booked cruise of the contents of these terms and conditions. The booking passenger, by accepting this receipt and making payment towards a vacation, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services provided by AACT or other travel associated companies (Suppliers).

CONFIRMATION ACCURACY: Passenger is required to immediately compare all aspects of their booking request to verify (but not limited to): passenger name(s), postal and email address (es), date(s) of birth, tour departure date, cruise/tour itinerary, cabin category and assignment, pricing, airfare, and port transfer(s), on your booking receipt, as well as the Suppliers current brochure and/or website for accuracy. Passenger is also required to verify notation of any/all qualifying bonus gifts/items, shipboard spending credits, and included travel protection; if applicable, on your confirmation. AACT will not honor any claim for items not documented as included in your confirmation. Please notify AACT within 2 business days of initial booking date if any omissions and/or corrections are needed regarding the booking details or special requests, for any aspect of your vacation. 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 within the required time. Passenger is required to verify the accuracy of each passenger’s LEGAL first & last names. It is mandatory that passenger 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 such as passports, driver licenses and birth certificates.

AACT cannot be held responsible for any typographical errors on your confirmation, web site or advertising. Verbal quotes are non-binding.

Any Payment with AACT indicates you and all members of your party have read and accept these Terms and Conditions

FOR CRUISE PASSENGERS, YOU MUST COMPLETE THE CRUISE LINE REGISTRATION FORM – AS SOON AS POSSIBLE! Failure to do so will delay your cruise documents and you may possibly be denied boarding your cruise ship on embarkation DAY! Once completed on-line, we recommend you print out a copy of the completed form for your records and possible presentation at the pier on embarkation day.

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. This includes but is not limited to: passage to ports of call, on board ship, for any applicable air transport, entering/exiting a country, and all safety and security conditions of such destinations, during the length of the proposed travel. Passenger(s) assumes sole responsibility for, and hereby release AACT 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 to the requirement that all Passengers procure, and have on their person the proper travel documents at all times. AACT is not required to inform Passenger(s) of the necessary documents. AACT recommends the Passenger(s) consult with the appropriate domestic and foreign governmental agencies for the current document requirements.

PAYMENTS: All payments processed on your behalf by AACT are detailed on your confirmation. However final approval of this payment is conditional by the cruise line/vendor, and other travel related Suppliers (if applicable) for up to 48 hours after booking. We will attempt to contact you if we receive information that your payment was not accepted. You voluntarily accept and acknowledge, without limitation, that AACT is not responsible for any cancellations of travel services that have resulted, AT ANY TIME, from a declined credit card payment. You also agree and acknowledge that AACT shall not be responsible for any damages or claims arising from errors related to the electronic processing of credit card payments. Your CREDIT CARD ON FILE WILL BE AUTOMATICALLY CHARGED on the final payment due date indicated on your confirmation. IF you wish to use another form of payment, you must notify us no less than 2 days prior to the due date on your Confirmation. These final payments are securely transmitted to the Suppliers on your booking for direct charging by the travel Supplier. Payments may take up to 3 business days to be posted to your credit card account. AACT reserves the right to occasionally charge your credit card through our merchant services provider. These charges, if applicable, will show on your credit card statement under the name: Anchors Away Cruises. Please note this, as it may avoid a possible charge-back misunderstanding. 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 final payment due date, if you will be unable to meet this obligation. Without limitation, Passenger(s) voluntarily hold AACT harmless for cruise line/vendor cancellation of any booking for either late payment or declination of a credit card. LATE PAYMENTS ARE SUBJECT TO A $25 FEE by AACT.

THIRD PARTY CREDIT CARD CHARGES: If the credit card holder is purchasing a vacation for any cabin they are NOT occupying – then the credit card holder MUST complete a Third Party Credit Card Authorization Form. This form is available from your travel advisor. This form must be completed correctly, and either mailed to us or hand delivered to your travel advisor. The credit card holder voluntarily accepts all terms and conditions of this contract and those of the applicable travel Supplier(s) for this booking. Failure to complete this form and return it to us immediately, may result in cancellation of your cruise (penalties apply).

PRICING: Prices featured in EMAILS, PRINT ADVERTISING or ONLINE in the AACT booking/quote engine are not final until the Supplier selected for travel has received initial payment for your booking. In addition, pricing and availability may change without notice prior to initial payment. Passenger agrees that AACT is not responsible for any errors or omissions in any advertisements, including on our website and emails, resulting in pricing discrepancies nor is AACT 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 they determine were erroneous due to electronic, printing, or clerical error. You acknowledge this right and agree to hold AACT harmless for any actions or damages arising from Suppliers.

Depositing your vacation normally guarantees the price quoted. However, some Suppliers reserve the right to change your prices and even cancel your trip at any time. Taxes and government fees are subject to change without notice. AACT will make an honest effort to protect the rate quoted by the Supplier however, AACT cannot be held responsible for price changes or cancellation initiated by Suppliers and governments

If the Supplier lowers the price, rate adjustments may be available upon request until the policies of the supplier preclude price reductions. The lower rate must be available for booking at the time you contact us by phone, as determined by AACT, and you must qualify for the rate. Since pricing and availability are always changing, AACT cannot accept voice mail, emails, faxes or screenshots or other purported evidence of a lower price.

Passenger(s) understand and acknowledge that if a rate adjustment is available from the Supplier, many Suppliers will provide on-board credits or a similar benefit in lieu of a price reduction. Passenger(s) acknowledges and holds AACT not responsible for all decisions by Suppliers to honor rate adjustment. AACT 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.

AIR TRANSPORTATION AIRLINE FLIGHTS/SEAT SELECTION: Airline selection and flight schedules are at the sole discretion of the Supplier/AACT. Most suppliers provide an optional service to book air deviations that may include air seat selection in advance, while these services come with a surcharge, we recommend you take advantage of this service where it is offered. IN CASES WHERE AACT HAS BOOKED YOUR AIR RESERVATIONS DIRECTLY WITH THE AIRLINE, YOU SHOULD KNOW, SEVERE CHANGE FEES AND CANCELLATION PENALTIES MAY APPLY FROM THE DATE YOUR TICKET IS PURCHASED. Ask your advisor for details. Passenger is responsible for reconfirming their flights. You must contact the airline directly if you wish to reserve seat assignments for your flights.

Passenger(s) agrees to waive and hold harmless AACT for any damages or claims resulting directly or indirectly from any air transportation related accidents, incidents, damages, baggage losses and/or delays, regardless of whether the incident is due to third party negligence, strikes, weather, acts of God, acts of governments or authorities, wars, terrorism, criminal acts committed by third parties, hostilities, civil disturbances, riots, pilferage, defects of vehicles or breakdown in equipment, or to the fault or default of any air carrier.

DOCUMENTS: Passenger(s) agrees to provide AACT with their up-to-date mailing address and email address. Where possible passengers will receive document access information via email to the booking email address of record. All other passengers will receive their documents approximately 7 – 10 days prior to your departure date. Documents will be mailed directly to the address on record, unless prior arrangements have been confirmed in writing by AACT. When you view your e-docs or receive your documents by mail, it is the sole responsibility of the passenger (primary person who is making the booking) to review and verify all information. If you plan on leaving home at least 7 days prior to your sailing date (i.e. for other business or vacation plans prior to your departure) PLEASE discuss this fact as soon as possible with your advisor.

It is the responsibility of the Passenger(s) to complete the Supplier pre-registration process, whether online or in writing. Failure to complete the Supplier pre-registration form on the Supplier’s website, WILL delay your documents. Passenger(s) agree that AACT shall not be responsible for any delays, cancellations or damages resulting from any failure by the passenger or, AACT to complete the pre-registration process.

In the event AACT completes documentation with a Supplier, at the request of the Passenger(s), you agree that AACT is authorized to accept the Terms and Conditions of the vendor on your behalf and that you will be bound by those Terms and Conditions.

YOU MUST PRESENT YOUR FORM OF IDENTIFICATION TO BOARD ANY FLIGHT OR SHIP.

COUPONS/CERTIFICATES/CRUISE PRICE CREDITS: All discount coupons, certificates, and future cruise credits are SUBJECT TO APPROVAL and must be received in our offices, via certified or overnight mail, NO LATER THAN 10 days after your initial booking date or at least 7 days prior to your sailing departure date – whichever is sooner. Upon receipt, we will review the coupon or certificate to determine whether it can be applied to your booking, AND to what extent it may be applied. Coupons received less than 10 days after your initial booking date will not be applied to your booking.

PASSENGER / NAME CHANGES: Name change requests (including incorrect legal names, misspellings, as well as change of passenger) are at the discretion of the Supplier and Passenger(s) agree that AACT is not responsible for any delays, cancellations, charges or penalties associated with any name change requests. Name change requests that occur less than 90 days before the departure date are usually subject to cruise line imposed fees and/or penalties. All name changes MUST be submitted in writing to AACT WITH ALL REQUIRED SIGNATURES to process. The applicable forms are available from your advisor. The specific change form must be completed correctly. Name changes will not be processed until we have received this correctly completed & SIGNED authorization form.

CHANGE IN ITINERARY: Suppliers reserve the right to change itineraries at any time. When practical, the Supplier and subsequently AACT will make reasonable attempts to notify you of material itinerary changes including changes in a port of call or arrival and/or departure time by 2 hours or greater. Complete Supplier policies regarding itinerary changes can be found on the Supplier’s website. Passenger(s) agree that AACT shall not be responsible for any damages or claims resulting from any change in itinerary by a Supplier.

CABIN CHANGES & GUARANTEES: Your first cabin change is exempt from any change fees imposed by AACT. All subsequent cabin changes are subject to a $25 per occurrence change fee imposed by AACT in addition to any fees that may be imposed by the Supplier. Passenger(s) are responsible for any additional fare as a result of a cabin change. Since pricing and availability are always changing, AACT cannot accept screenshots or other purported evidence of available cabins or categories.

Please note that if you have chosen a cabin on a "guarantee" basis it will be indicated on your confirmation letter as "unassigned" "run-of-ship" "ros" "guarantee" or "gty". A cabin guarantee is a reservation for at least that category or better. AACT and its Advisors cannot guarantee that you will attain a cabin better than the minimum category guarantee. Final assignments of "guarantees" may be at the pier on day of embarkation. Additionally, if you have chosen a guarantee – please be advised that in bookings consisting of 3-5 people sharing the same cabin, that the cruise line reserves the right to utilize a rollaway to accommodate a third, fourth, or fifth passenger in a cabin. Handicap cabins booked by non-handicapped persons may be re-assigned by the Supplier at any time, based on needs. Passenger(s) agree that AACT shall not be responsible for any damages or claims resulting from any cabin assignments by a Supplier.

CHANGE OF CRUISE DATE, TOUR DATE or SHIP: Ship or date change requests are considered CANCELLATIONS that are being rebooked. Please be advised that if the change is deemed a cancellation by the Suppliers, that you may be subject to penalties imposed by the Supplier as specifically outlined in the terms and conditions section of their website. WE STRONGLY SUGGEST THAT YOU REVIEW SUPPLER POLICY PRIOR TO ANY CHANGE. Date or ship changes are EXEMPT from the $100.00 per cabin cancellation fee normally imposed by AACT, if you rebook a new date and/or ship within 30 days of your cancellation date. However, a $35.00 change fee per booking, per occurrence, will be imposed by AACT for any change of cruise/tour date OR cruise ship/tour, and is IN ADDITION TO any fare increases, if applicable, and supplier imposed cancellation/rebooking fees for the change.

All cancellation or change requests MUST be in writing WITH ALL REQUIRED SIGNATURES to process. A CHANGE FORM is available from your travel advisor. Changes to a sailing date or ship will not be processed until we have received this SIGNED authorization. This procedure must be followed in order to accurately and expeditiously cancel your current booking and rebook the new cruise of your choice, upon your written change request. Please contact us immediately if you have any questions regarding this procedure.

CANCELLATION POLICIES: All cancellations or no-shows are subject to penalties imposed by the Supplier as specifically outlined in their terms and conditions. If you require a copy of these terms, please contact the Supplier or your Advisor at AACT.

Additionally, all booking cancellations, transfers to another Agency, or cruise pier/tour no-shows are considered cancellations and subject to a non-refundable $100.00 per cabin fee imposed by AACT. AACT can also reduce the cancellation fee to $35 if passenger makes another booking with AACT within 30 days of the cancellation. The cancellation fees imposed by AACT are waived if the written request is received within a 3 business day grace period from your booking date as noted on the attached confirmation.

All cancellations MUST be in writing WITH ALL REQUIRED SIGNATURES to properly process. A cancellation form is available from your Travel Advisor. Cancellations will not be processed until we have received a properly completed & SIGNED authorization. Upon booking the trip, Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by AACT and the Suppliers, even if you refuse to execute and submit the proper form(s). Cancellations are posted on day that the complete cancellation documents are received before 5:00 p.m. EST on a business day. All other cancellations will be posted on the next business day. Your cancellation will be confirmed via email when processed. Please contact us immediately if you have not received a cancellation confirmation within 1 business day of notifying us, or if you have any questions regarding this procedure.

TRAVEL PROTECTION: Travel insurance protection is strongly recommended. AACT recommends Cancellation & Medical protection coverage. As your travel advisor, we have a professional responsibility to recommend the purchase of travel protection to protect both you and your vacation. We offer coverage through selected Suppliers, however passenger(s) are free to seek other companies and policies. AACT is limited to advising you of the need for such coverage.

By declining travel protection, you acknowledge and accept liability for; any cancellation penalties, damages and/or out-of-pocket expenses incurred, responsibility for arranging and paying for any treatment in case of a medical emergency while traveling. Please note that if you decline this coverage, you have waived your right to this important coverage. If you HAVE purchased travel protection, or travel protection has been provided as an included purchase promotion, expect your policy to arrive via email or postal mail within 2 weeks of purchase. Your Confirmation must state that you have purchased travel protection. If your Confirmation does not state you have coverage, contact us immediately. Failure to advise 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 Company, in accordance with the policy terms and conditions. AACT is not licensed to give advice with regard to travel protection. All queries regarding Supplier cancellation, penalties, coverage should be directed to your particular Travel Insurance Company. Please note that the Travel Insurance Company is not allowed to discuss your claim with AACT due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that AACT cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that AACT has no control over the Travel Insurance Company or its coverage decisions, and as a result AACT is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.

AGENT/INTERMEDIARY: Notice is hereby given that EGM Marketing, Inc. dba Anchors Away Cruises & Tours (AACT) acts only as an intermediary for airlines, carriers, cruise lines, hotels, independent contractors and Suppliers as shore side services to our customers. AACT does not assume any responsibility nor shall be liable for any loss, cancellation, delay irregularity, accident, injury or damage to person or property, damage, loss or theft of baggage and personal effects arising from or in connection with such company or service. Every effort will be made to adhere to the specifics shown herein and in the itinerary however, circumstances may necessitate alternations. Air schedules, port calls, hotels, hours of arrival and departure, and special programs are subject to change without prior notice. AACT cannot be held responsible for any typographical errors on your confirmation, web site or advertising. Verbal quotes are non-binding.

Payment with AACT indicates you and all members of your party have read and accept these Terms and Conditions

AACT is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip including services or products purchased while on shore excursion, auxiliary trips, tours, etc.

AACT recommends that all Passengers be in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to AACT at the time of reservation and IN WRITING within 24 hours of initial booking so AACT can advise 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 usually 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 operation of the vacation. Suppliers reserve the right to refuse or revoke passage to Passengers who, in their judgment, may be refused admission into a port or landing or into the country of destination. Passenger(s) acknowledge and agree that AACT shall be held harmless for any and all claims relating to Supplier rejection relating to mental, physical condition or other reasons.

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. Without limitation, AACT is not responsible for cruise conditions, or quality of accommodations. Passenger(s) acknowledge and agree that AACT shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any Supplier. In no event shall AACT be liable for any accident which occurs ashore, on board ship/in dock, on tenders, on shore excursions, in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, 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.

Without limitation, Passenger(s) assume the risk of, and agree that AACT 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, lack of water or passageway in canals, theft, accident to or from machinery, boilers, or latent defects even though existing at embarkation or commencement of the travel package, desertion or revolt of crew, or lost/damaged/delayed luggage.

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 Pinellas 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 AACT. If Passenger(s) fails to submit their claim to arbitration and instead files suit, AACT 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 AACT agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.

The staff of ANCHORS AWAY CRUISES & TOURS thank you for allowing us to plan your vacation!

Revised 11/12/19

 

 

 

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