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Terms and Conditions

TERMS AND CONDITIONS
For purposes of these Terms & Conditions the words “you,” “your,” “passenger”, “guest” and “cardholder” refer to each person who books or otherwise purchases or receives goods and services arranged through Encore CruiseEscapes. The words “Encore CruiseEscapes,” “our” and “we” refer to Thomas Cook Canada Inc., its parents, subsidiaries, affiliates and agents. Encore CruiseEscapes makes arrangements with suppliers who provide travel services such as air travel, cruises, hotels or other activities included in your booking. The travel services are subject to the conditions imposed by these suppliers, and their liability may, in turn, be limited by their tariffs, conditions of carriage and international conventions and arrangements. Encore CruiseEscapes does not own, manage, operate, or control any vehicle, hotel, resort, cruise ship, restaurant, or other supplier of services, and is not responsible for their acts or omissions. Please read and ensure you understand these Terms & Conditions before booking your vacation. When you book or otherwise receive services through Encore CruiseEscapes, you are accepting and agreeing to the Terms & Conditions listed on these pages.

ACRONYMS
Acronyms are used as follows within this section:
Azamara Cruises = AZA
Costa Cruises = COS
Celebrity Cruises = CC
Disney Cruise Line = DCL
Monarch Classic Cruises = MCC
MSC Cruises = MSC
Norwegian Cruise Line = NCL
NCL America = NCLA
Orient Lines = OL
Regent Seven Seas Cruises = RSSC
Royal Caribbean International = RCI

HOW TO MAKE A BOOKING:
Simply call or visit your Travel Agent and they will contact Encore CruiseEscapes for reservations.

PAYMENT:
Payment must be made through your Travel Agent by cheque or credit card, VISA, Mastercard, Diners or American Express. If you make a payment with a credit card, Encore CruiseEscapes, Thomas Cook Canada or the supplier directly appears as the vendor on your statement, not the travel agency. When a credit card is used to confirm and pay for a booking, you, the passenger and/or the cardholder give consent to Encore CruiseEscapes for the card's use. Your verbal authorization to use your credit card for deposit and/or final payment indicates your compliance with our booking terms and conditions, whether or not you have actually signed the appropriate draft. Non-payment on the due date may result in automatic cancellation with applicable penalties.

PRICE INCREASE GUARANTEE:
Encore CruiseEscapes guarantees that your vacation price will not increase once you have paid your balance in full. Fuel surcharges and airline imposed taxes and increases in taxes by government or quasigovernment agencies are not included in this guarantee as they are beyond our control. See Prices.

DOUBLE CRUISE GUARANTEE
BEST PRICE GUARANTEE
After booking and placing a deposit on a cruise vacation from Encore CruiseEscapes, you find a lower advertised rate by the cruise line prior to sailing, have your Travel Agent contact us. We will ask your Travel Agent to fax in a copy of the advertisement. The rate that appears in the ad must be available for booking on the identical product (ship, sailing date, stateroom category, etc.) You must be able to meet the requirements for any rules that apply to the rate as set by the cruise line offering the rate. Examples of requirements may include residency for regional specials, cruise line past guest promotions, affinity group membership, age related discounts, etc. The guarantee applies only to the cost of the cruise. The guarantee does not apply to air or land arrangements, shipboard credits, group amenities or other non-cruise product offerings used as enhancements to the basic cruise price. The guarantee does NOT apply if a retail agency chooses to rebate amounts off published, advertised rates.

SATISFACTION GUARANTEE
If, after departing on a cruise, you are not satisfied, you need to call our Customer Care Help Line at the contact telephone number shown in your documents within 24 hours of departing the port of embarkation. If the cruise line or Encore CruiseEscapes is unable to resolve your concern, we will refund the unused portion of your cruise and the cost to fly you back to the port of embarkation. You must inform Encore CruiseEscapes that your concerns have not been resolved and that you wish to disembark. You must document all efforts made by the ship’s staff to resolve your dissatisfaction, including names, titles and suggested remedies. You must disembark at the first non U.S. port of call* and fly back to your port of embarkation on the next available flight (in economy class) arranged through our Customer Care Help Line. You must pay for these air tickets at the time of booking through Encore CruiseEscapes. You have 30 days from disembarking the ship to submit all receipts to Encore CruiseEscapes. Encore CruiseEscapes will mail the refund for covered items in the guarantee within 30 days of its receipt of your proof of payments referred to below. Covered items include 1) unused cruise days 2) shuttle service to the airport 3) air transportation back to the port of embarkation (up to the value of the lowest economy fare available at the time of booking), and 4) any change fees required to alter the flight to your final destination provided that flight was purchased through Encore CruiseEscapes. Encore CruiseEscapes will not be responsible for any other expenses incurred after disembarkation. The refund applies only to the above mentioned items and does not cover any other travel arrangements booked in conjunction with your vacation. Transatlantic, Transpacific, Panama Canal, Alaska and Hawaii itineraries are excluded. This guarantee program applies only to the extent its benefits are not also covered or otherwise addressed by the cruise line’s guarantee, or refund, or customer service policies. Refund requests and proof of payments should be mailed to: Customer Service, Encore CruiseEscapes, 130 Merton Street Toronto, ON M4S 1A4. *Certain laws prohibit guests from disembarking in a U.S. port of call unless the ship has called into one International port prior.

DEPOSIT/FINAL PAYMENT REQUIREMENTS
The booking and required deposit must be confirmed within the time frame noted below for each cruise line to secure a definite reservation (any applicable insurance premium is also due at this time). If airline bookings requiring non-refundable payments are made, we will require an increase to the deposit payment equal to the cost of the air tickets. Encore
CruiseEscapes reserves the right to cancel a booking where any payment is not received by the due date and applicable cancellation charges will be assessed.

The payment policies following are based on information provided by the cruise lines at time of print and reflect the sailing durations featured in this brochure. The cruise lines and Encore CruiseEscapes reserve the right to change these deposit and final payment policies without notice.

AZAMARA CRUISES:
10 night cruise or longer - $698 per guest deposit
Final payment is due no later than 70 days prior to sailing
Holiday sailings: Final payment is due no later than 90 days prior to sailing.

CELEBRITY CRUISES
5 night cruise - $155 per guest deposit
6-8 night cruise - $388 per guest deposit
9 night cruise or longer - $698 per guest deposit
Final payment must be received 70 days prior to sailing.
Holiday & Galapagos sailings: Final payment is due 90 days prior to sailing.

COSTA CRUISES:
Caribbean cruises
$288 per guest deposit
Final Payment is due no later than 70 days prior to sailing
Mediterranean, Dubai, South America cruises $460 per guest deposit
Final Payment is due no later than 90 days prior to sailing

DISNEY CRUISE LINE:
Deposit amount will be determined at time of booking and ranges between $225-$560 per guest, depending on the seasonality, duration and category booked. Please contact your Travel Agent for complete details.
Final payment for stateroom categories 1-3 must be paid 90 days prior to departure.
Final payment for stateroom categories 4-12 must be paid 75 days prior to departure.

MONARCH CLASSIC CRUISES
$350 per guest non-refundable deposit due within 7 days of booking.
Final payment due no later than 75 days prior to sailing. Additional conditions may apply. Ask your Travel Agent.
Escorted Cruise Tours All information provided for Monarch is also applicable to the escorted cruise tours. Additional conditions may apply. Ask your Travel Agent.

MSC CRUISES
4-9 night cruise - $295 per guest deposit
10-14 night cruise - $413 per guest deposit
15 night cruise or longer - $590 per guest deposit
Final payment must be received at least 75 days prior to sailing.

NORWEGIAN CRUISE LINE AND NCL AMERICA
7 day cruise or less - $290 per guest deposit
8 day cruise or longer - $464 per guest deposit
If cruise line air is purchased for Hawaii sailings, an additional, non-refundable $58 per guest is required.
Final payment is due not later than 75 days prior to departure.
Garden Villa Category A1 - $2900 per guest deposit. $290 per 3rd-8th guests deposit.
Courtyard Villas & Owners Suites (Categories A2, A3, A4 and AA).
$1740 per guest deposit, $290 per 3rd -8th guests deposit.
Final payment is due not later than 90 days prior to departure.
Holiday sailings: Final payment is due not later than 90 days prior to departure.

ORIENT LINES
Deposit: $1,250 per guest at time of booking.
Final payment must be received not later than 70 days prior to sailing.

REGENT SEVEN SEAS CRUISES

Deposit: 10% of full fare per guest within 72 hours of booking.
World Cruise, World Cruise Segments & Paul Gauguin:
Deposit: 20% of full fare per guest within 72 hours of booking.
Final payment must be received not later than 100 days prior to sailing

ROYAL CARIBBEAN INTERNATIONAL
5 night cruise - $155 per guest deposit
6-9 night cruise - $388 per guest deposit
10 night cruises or longer - $698 per guest deposit
Final Payment must be received 70 days prior to sailing.
Holiday sailings: Final payment must be received 90 days prior to sailing.

CANCELLATIONS
If you need to cancel your booking, you must notify your Travel Agent immediately. Cancellation charges are calculated based on the date that Encore CruiseEscapes receives notice of cancellation. In addition to the cancellation fees detailed below, cancellation charges may apply to air, hotel, transfers and other booking arrangements. Nonappearance at the time of sailing for any cruise, regardless of the reason, will result in 100% penalty. For group bookings, please refer to the contract for cancellation charges related to group bookings. The cancellation policies following are based on information provided by the cruise lines at time of print. The cruise lines and Encore CruiseEscapes reserve the right to change these policies without notice.

AZAMARA CRUISES:
9 night cruise or longer
70 or more days prior to departure – Loss of premium if insurance purchased
69-30 days prior to departure – 100% of total deposit
29-15 days prior to departure – 50% of total price
14 days or less prior to departure – 100% of total price
Holiday Sailings* – 9 night cruise or longer
90 or more days prior to departure – Loss of premium if insurance purchased
89-30 days prior to departure – 100% of total deposit
29-15 days prior to departure – 50% of total price
14 days or less prior to departure – 100% of total price
* For Holiday Sailings, written notification must be received at least 90 days prior to the sailing date of the cruise.

CELEBRITY CRUISES
5 night cruise
60 or more days prior to departure – Loss of premium if insurance purchased
59-30 days prior to departure – 100% of total deposit
29-8 days prior to departure – 50% of total price
7 days or less prior to departure – 100% of total price
6-8 night cruise
70 or more days prior to departure – Loss of premium if insurance purchased
69-30 days prior to departure – 100% of total deposit
29-8 days prior to departure – 50% of total price
7 days or less prior to departure – 100% of total price
9 night cruise or longer and Cruisetours
70 or more days prior to departure – Loss of premium if insurance purchased
69-30 days prior to departure – 100% of total deposit
29-15 days prior to departure – 50% of total price
14 days or less prior to departure – 100% of total price
Holiday Sailings* – 3 - 5 night cruise
90 or more days prior to departure – Loss of premium if insurance purchased
89-30 days prior to departure – 100% of total deposit
29-8 days prior to departure – 50% of total price
7 days or less prior to departure – 100% of total price
Holiday & Galapagos Sailings* – 6 - 8 night cruise
90 or more days prior to departure – Loss of premium if insurance purchased
89-30 days prior to departure – 100% of total deposit
29-8 days prior to departure – 50% of total price
7 days or less prior to departure – 100% of total price
Holiday & Galapagos Sailings* – 9 night cruise or longer
90 or more days prior to departure – Loss of premium if insurance purchased
89-30 days prior to departure – 100% of total deposit
29-15 days prior to departure – 50% of total price
14 days or less prior to departure – 100% of total price
* For Holiday Sailings, written notification must be received at least 90 days prior to the sailing date of the cruise

COSTA CRUISE LINES:
Caribbean:
70 or more days prior to departure - Loss of premium if insurance purchased
69 - 30 days prior to departure - 100% of total deposit
29 - 8 days prior to departure - 50% of total price
7 days or less prior to departure - 100% of total price
Dubai, Europe & South America:
90 or more days prior to departure - Loss of premium if insurance purchased
89 - 45 days prior to departure - 100% of total deposit
44 - 15 days prior to departure - 50% of total price
14 days or less prior to departure - 100% of total price

DISNEY CRUISE LINE:
90 days or more prior to departure for Categories 1-3: 100% of total deposit
74-45 days prior to departure for Categories 4-12: 100% of total deposit
44-8 days prior to departure: 50% of total price
7 days or less prior to departure: 100% of total price

MONARCH CLASSIC CRUISES
Cancellations
75 or more days prior to departure – 100% of total deposit
74 – 30 days prior to departure – 50% of total price
29 days or less prior to departure – 100% of total price
Changes to a confirmed booking can only be made prior to 30 days before departure. An administration free of $25 per guest plus GST will be charged for each change.
Escorted Cruise Tours
All information provided for Monarch is also applicable to the escorted cruise tours. Additional conditions may apply. Ask your Travel Agent.

MSC CRUISES
76 days or more prior to departure – Loss of insurance premium if purchased
75-46 days prior to departure – 100% of total deposit
45-16 days prior to departure – 50% of total price
15-0 days prior to departure – 100% of total price
A $58 per guest administration fee will be assessed for changes made once documents have been issued.

NORWEGIAN CRUISE LINE AND NCL AMERICA

DAYS PRIOR TO SAILING
CRUISE
CANC.
FEE
AIR
CANC.
FEE
LAND
CANC.
FEE
Cruise Duration – 7 days or less (excl. Hawaii)       
76 days or more
loss of premium if insurance purchased 
75-30 
Deposit 
$116
$0
29-8 
50%
$232
100%
7 days or less 
100%
100%
100%
Cruise Duration – 8 days or more (excl. Hawaii)   
76 days or more
$580 
75-46 
Deposit 
$116
$0
45-30 
50%
$232
$0
29-8 
50%
$232
100%
7 days or less 
100%
100%
100%
Courtyard Villas & Owners Suites 
 
91 days or more
loss of insurance premium 
90-46 
50%
$116
$0
45 days or less 
100%
100%
100%
Cancellation Fees for Holiday Sailings.   
Cruise Duration – 7 days or less (excl. Hawaii)   
91 days or more
loss of premium if insurance purchased 
90-76 
Deposit 
$232
$58
75-30 
Deposit 
$232
$58
29-8 
50%
$232
100%
7 days or less 
100%
100%
100%
Cruise Duration – 8 days or more (excl. Hawaii)   
91 days or more
loss of premium if insurance purchased 
90-76 
Deposit 
$232
$58
75-46 
Deposit 
$232
$58
45-30 
50%
$232
$58
29-8 
50%
$232
100%
7 days or less 
100%
100%
100%
Garden Villa Category A1 - All sailing   
Greater than 90 days prior to sailing per 1st & 2nd guests
$2900 
90-46 days 
50% of total price 
 
45 days or less 
100% of total price 
 
Greater than 90 days prior to sailing per guests 3-8
$290 
90 days or less 
50% of total price 
 
Cancellation Fees for Hawaii Sailings   
181 days or more
loss of premium if insurance purchased
180-76 
$0
$58
$0
75-46 
Deposit 
100%
$0
45-8 
50%
100%
100%
7 days or less 
100%
100%
100%
Hawaii Holiday Sailings      
181 days or more loss of premium if insurance purchased
180-91 $0 $58 $0
90-76 Deposit $58 $58
75-46 Deposit 100% 100%
45-8 50% 100% 100%
7 days or less 100% 100% 100%

ORIENT LINES
120 days or more prior to departure – Loss of insurance premium if purchased
119–90 days prior to departure – 8 or more days – $115 per guest
119–90 days prior to departure – 5–7 days – $58 per guest
89–60 days prior to departure – 8 or more days – $575 per guest
89–60 days prior to departure – 5–7 days – $230 per guest
59–30 days prior to departure – 25% of total price
29–15 days prior to departure – 50% of total price
14–0 days prior to departure – 100% of total price

REGENT SEVEN SEAS CRUISES
121 days or more prior to departure – Loss of insurance premium if purchased
120–91 days prior to departure – $250 per guest
90–60 days prior to departure – 10% of total price
59–30 days prior to departure – 25% of total price
29–15 days prior to departure – 50% of total price
14–0 days prior to departure – 100% of total price

PAUL GAUGUIN
121 days or more prior to departure – Loss of insurance premium if purchased plus $120 per guest administration fee.
120–91 days prior to departure – 10% of total price
90–61 days prior to departure – 20% of total price
60–31 days prior to departure – 50% of total price
30–0 days prior to departure – 100% of total price
2008 World Cruise and World Cruise Voyages:
120–91 days prior to departure – 20% of total price
90–75 days prior to departure – 50% of total price
74–0 days prior to departure – 100% of total price

ROYAL CARIBBEAN INTERNATIONAL
5 night cruise
60 or more days prior to departure – Loss of insurance premium if purchased
59-30 days prior to departure – 100% of total deposit
29-8 days prior to departure – 50% of total price
7 days or less prior to departure – 100% of total price
6-8 night cruise
70 or more days prior to departure – Loss of insurance premium if purchased
69-30 days prior to departure – 100% of total deposit
29-8 days prior to departure – 50% of total price
7 days or less prior to departure – 100% of total price
9 night cruise or longer
70 or more days prior to departure – Loss of insurance premium if purchased
69-30 days prior to departure – 100% of total deposit
29-15 days prior to departure – 50% of total price
14 days or less prior to departure – 100% of total price
Holiday Sailings – 3 - 8 night cruise
90 or more days prior to departure – Loss of insurance premium if purchased
89-30 days prior to departure – 100% of total deposit
29-8 days prior to departure – 50% of total price
7 days or less prior to departure – 100% of total price
Holiday Sailings – 9 night cruise or longer
90 or more days prior to departure – Loss of insurance premium if purchased
89-30 days prior to departure – 100% of total deposit
29-15 days prior to departure – 50% of total price
14 days or less prior to departure – 100% of total price

CHANGES TO A BOOKING
Any changes made after the booking is confirmed may be subject to an administration fee. A change of name, airline or cruise line departure date, stateroom/suite or hotel subjects the booking to cancellation charges. Most cruise lines charge a service fee for changes to bookings at any time. Details vary from line to line and are available upon request at time of booking. If the cancellation of one or more passengers alters the stateroom requirements, the passengers still travelling must pay the applicable rate for the accommodations to be occupied and the passenger cancelling must pay the applicable cancellation charge.

When Encore CruiseEscapes’ and the cruise lines’ air programs are booked, any name change results in the cancellation and rebooking of air arrangements. Space is then subject to availability and may not be available at all. Once air tickets have been issued, they could be 100% non-refundable, depending on the air contract restrictions.

For hotel bookings, cancellation charges vary, depending upon the time of cancellation and the property. In cases of non-arrival at the property for a confirmed hotel reservation, a 100% cancellation charge applies. Please see your Travel Agent for details.

INFANTS/MINORS
CRUISE LINES:
Children must be accompanied in the stateroom by a parent or legal guardian. Please check with your Travel Agent regarding specific minimum age requirements for children and parent/guardian in the stateroom, and any additional age requirements existing for children.

AIRLINES:
While infants aged under two years fly free with most airlines and to many destinations (1 infant per adult allowed), they are not allocated a seat or entitled to baggage allowance. A reservation is, however, required for each infant. If an infant, flying free of charge, turns two years of age during the vacation, an airline ticket must be purchased for his or her travel to and from the destination. We regret some airlines do not provide skycots. On some international flights, the infant rate is a percentage of the adult fare. Please check with your Travel Agent for air and cruise rates.

ON BOARD DINING
Requests for a given table size or for early or late seating will be accepted at the time of booking COS, MCC, MSC, OL, RCI, CC. On NCL and NCLA dining is “Freestyle” and there are no set dining times eliminating the need for early or late seatings. All other cruise lines offer one open seating for dinner where you may dine with whomever you choose. In the case of all cruise lines, requests cannot be guaranteed or confirmed prior to departure and Encore CruiseEscapes will not be held responsible if such requests cannot be fulfilled. DCL dining works on a "rotation" basis between the 3 restaurants on board. Requests for early or late seating will be accepted at time of booking.

SPECIAL DIETARY NEEDS:

Guests with special dietary needs must submit details in writing to Encore CruiseEscapes, who must forward the request to the cruise line at least 30 days prior to sailing; (45 days prior for RCI/CC). All guests with special dietary needs should confirm the requirement with the maitre d’ upon arrival. Special in-flight meals must be requested at least 2 weeks prior to departure.

PHYSICALLY CHALLENGED GUESTS
Stateroom, airline and transfer requirements for physically challenged guests must be specified at the time of booking. Guests must be selfsufficient and travel with another person who assumes responsibility at all times for any assistance required. Most cruise lines have a limited number of staterooms fully accessible to guests in wheelchairs. You are advised to check with your Travel Agent regarding the feasibility of managing certain itineraries. Medical certificates are required by the cruise line for all stateroom requests for physically challenged guests. You and your Travel Agent are responsible to ensure that this documentation is received by Encore CruiseEscapes at least 30 days prior to sailing in order for Encore CruiseEscapes to forward the information to the cruise line. Any special transfers required may incur additional charges. Encore CruiseEscapes cannot be held responsible for non-fulfillment of any special request whatsoever.

PREGNANCY
Each cruise line has its own policy governing restrictions and permissions for the boarding of pregnant guests. You must inquire with your Travel Agent. Cruise lines will not be responsible should complications in pregnancy occur during the cruise.

CUSTOMS AND IMMIGRATION
Customs and/or immigration officials can deny a person entry into their country at their own discretion. A previous criminal record could be an obstacle in international travel. Encore CruiseEscapes cannot be held responsible for denied entry under any circumstances.

DOCUMENTATION
It is solely your responsibility to obtain, at your own expense, all the documentation required by relevant government authorities for the purpose of your holiday. Required documentation may vary depending on citizenship status. Special documentation may be required for minors travelling alone; for children who have a different surname than the adults who accompany them; or for single parents travelling with children. Prior to departure, you should check with your Travel Agent and/or the relevant consulate about what documentation is required. A valid passport is required. For information on the Canadian Government Passenger Protect Program, please visit www.passengerprotect.gc.ca. Landed immigrants without Canadian citizenship or a Permanent Resident Card may be denied boarding upon return to Canada. In the event that a passenger does not possess the documentation required by the cruise line, airline or government authorities for each port of call, passage or entry to the destination may be refused. If passage or entry is refused, Encore CruiseEscapes will not be held liable and will not issue any refunds.

RUSSIA SUPPORT LETTER:
Guests who select itineraries including Russia who do not intend to participate in organized shore excursions offered in Russia by the cruise lines - preferring to sightsee on their own - will no longer be provided with the required Russian Support Letter by any cruise line shown in this brochure. You must contact either ZIERER or BALTIC TRAVEL to obtain your Russian Support Letter and Visa information. At press time, additional information was available for Canadian citizens at the following site: www.visaconnection.com. Neither Encore CruisesEscapes nor the cruise lines assume any responsibility for obtaining or sending this information and all information provided herein is subject to change without notice.

TICKETS
Tickets and documentation will be sent to your Travel Agent approximately 20-25 days prior to departure, provided full payment has been received in the office of Encore CruiseEscapes by the required due date. In some instances, guest information forms must be fully completed and received by the cruise line before the cruise line will release documents to Encore CruiseEscapes. Special arrangements will be made for bookings made within 21 days of departure. Encore CruiseEscapes requires each cruise line to provide their documentation on a timely basis but cannot be responsible for late deliveries of same due to delays by the cruise lines. Upon receipt of tickets and documentation, you must review all contents and communicate any discrepancies or inquiries to your Travel Agent immediately.

AIRLINE INFORMATION
If Encore CruiseEscapes makes the flight arrangements, we reserve the right to choose the air carrier, routing (including commuter flights where necessary) and schedule from each city. Any air deviation from the cruise line itinerary or special air fare requested is subject to an additional charge. Group air space is limited from certain gateway cities. It is recommended that you contact the airline within 24 hours of departure to confirm your departure time and that you arrive at the airport 3 hours prior to departure for international flights and 2 hours prior to departure for domestic flights to allow sufficient time for check-in and security clearance. However, please check with the airline directly to ensure adequate time for check-in. Encore CruiseEscapes and the cruise lines are not responsible for schedule changes once the tickets have been issued. You agree that Encore CruiseEscapes cannot be held responsible or liable if you miss your flight or are denied boarding.
ENCORE CRUISEESCAPES & CRUISE LINE AIR PROGRAMS
Your air arrangements, if booked through Encore CruisesEscapes, may utilize Encore CruiseEscapes' contracted carriers or the cruise lines' air program. For Encore CruiseEcapes air program bookings, the flight information is available at the time of booking. In cases where the cruise line's air program is used, the air schedule is available 4 weeks prior to the cruise departure and the selection of flights and routings is strictly at the discretion of the cruise line.

All air/sea packages are designed to arrive and depart on the scheduled sailing and return dates of the vessel selected. Any overnight accommodation and transfers required by the flight schedules, either before or after the cruise, are your responsibility, unless specifically mentioned as included in the arrangements supplied by Encore CruiseEscapes.

Air supplements are subject to change without notice unless full payment has been received by Encore CruiseEscapes, in which case we guarantee no increase to the price paid, except for government taxes or fuel surcharges imposed by the airlines. As restrictive fares may be utilized, your Travel Agent will be notified of any ticketing/payment/cancellation conditions that apply at the time of booking. Encore CruiseEscapes reserves the right to increase prices on bookings that have not been confirmed.

FLIGHTS AND CARRIERS:
All flight times, flight itineraries, carriers and aircraft types are subject to change with or without notice. We reserve the right to substitute alternate carriers and aircraft types and to add enroute stops at our discretion without notice. Bar and meal service on flights may be on a cash basis. All flights featuring Canadian and U.S. carriers are non-smoking. Carriage and services performed and tickets issued are subject to the terms referred to on such tickets, the rules relating to liability by the Warsaw Convention (as amended), and the present Terms & Conditions. You agree that Encore CruiseEscapes cannot be held responsible or liable for expenses, lost wages or missed vacation time due to flight time changes and/or delays. Encore CruiseEscapes will endeavour to provide seat assignments for all scheduled airline flights where this service is available from the airline (subject to change without notice), and where sufficient notice has been given. If cruise line air is used, you must contact the airline directly regarding seat assignment.

FREQUENT FLYER POINTS:
Please advise your Travel Agent of any frequent flyer membership. It is your responsibility to ensure that your frequent flyer numbers have been properly noted by the airline at check-in.

CONNECTING FLIGHTS:
If you have a connecting flight, you should allow ample time (minimum 3 hours or overnight) between flights. Encore CruiseEscapes cannot accept any responsibility for additional charges incurred for airfares or other expenses due to missed flights, irregular air operations or flight time changes.

CRUISE CONNECTIONS:
Encore CruiseEscapes endeavours to provide flight arrangements which allow ample time to connect with cruise departures. It is extremely unlikely that a cruise departure will be missed unless a long delay to the flight occurs due to weather or other problems. Should this occur, we will do our best to make alternate arrangements. Additional expenses are not Encore CruiseEscapes’ responsibility. It should be noted that the cruise lines reserve the right to charge cancellation fees for any guest failing to embark. It is strongly recommended to purchase adequate insurance for this purpose.

BAGGAGE:
Each passenger is entitled to carry 2 standard-sized pieces of checked luggage. As weight restrictions vary, please contact the airline for more details. All baggage remains at your own risk throughout the trip. You are responsible for any excess baggage charges. Due to security restrictions, liquids and gels, as well as many other items, are not permitted in carryon luggage. Prescription medications should be kept in the original container and packed in carry-on luggage. Please check with the airline prior to departure for the most up-to-date regulations in order to avoid items being confiscated at security. In the event that your baggage is delayed at your destination or upon your return home, please contact the airline representative before leaving the airport. Failure to do so will invalidate your claim. Independent contractors over which we have no control perform baggage handling and we cannot assume responsibility for loss of, or damage to, baggage or other possessions. Due to the carrier’s limit of liability, please do not check valuable items such as jewellery and cameras. Please also limit the valuables (including electronic equipment) you take with you on holiday and use the safety deposit boxes provided at hotels or on cruise ships. Please ensure you have adequate insurance to cover your belongings throughout your holiday.

QUESTIONS AND CONCERNS:
If you have any questions, or issues that may arise during your holiday, please report these to the local airline representative, cruise line representative, onboard cruise staff, transfer agent or hotel management, as applicable. Failure to report your concerns may preclude your right to make a claim. If you require assistance during your journey, please contact our Customer Care Help Line at the contact telephone number shown in your documents.

NOTICE TO TRAVELLERS
Please be aware that different living standards and practices exist outside of Canada, including but not limited to provision of utilities, i.e. water and electricity, accommodations, services of all kinds, food, food preparation, water quality, security, insects, wildlife or weather conditions. You agree that Encore CruiseEscapes shall not be responsible or liable for any loss, damage, illness or injury you may suffer as a result of such living standards and practices.

FACILITIES AND SERVICES
Travel suppliers may curtail or alter some facilities without notice, usually for the purpose of ongoing maintenance and improvement. The behaviour of other guests and the cancellation of services for any reason by the cruise line or other travel suppliers is beyond Encore CruisesEscapes’ control.

TRAVEL INSURANCE
It is strongly recommended that you obtain adequate insurance coverage to protect yourself in the event of cancellation, trip interruption, flight delays, unforeseen medical expenses, baggage loss or damage. If you decline purchase of travel insurance, you agree to be responsible for any expenses you may incur due to unforeseen circumstances that may arise during your holiday. You agree that Encore CruiseEscapes shall not be responsible or liable for health problems that may arise or become aggravated while travelling or at your destination. See inside back cover for Encore CruiseEscapes insurance coverage.

CANCELLATION OF SERVICES
In the event that certain services are cancelled by Encore CruiseEscapes, we will have no responsibility beyond the refund of all monies received by Encore CruiseEscapes for such cancelled services, which will be deemed to constitute full settlement of any claim you might have against us for the cancellation.

FORCE MAJEURE/ACT OF GOD
Encore CruiseEscapes is not responsible or liable for changes or cancellations made that relate to or arise as a result of hostilities, acts of war or threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics or health risks, technical problems with transport as well as flight delays due to weather or for mechanical reasons, government action, closed or congested airports or ports, supplier insolvency, governmental acts and other events beyond our control. The National Hurricane Center in Miami considers June 1st to November 30th inclusive Hurricane Season. This must be taken into consideration when you book your vacation. You agree that Encore CruiseEscapes does not assume any responsibility, and is not liable, for the costs or other consequences that arise out of or result from inclement weather conditions at any time of the year.

Cruise lines reserve the right to change or cancel itineraries without prior notice. Each cruise line accepts guests subject to the Conditions of Carriage shown on their Passage Contract, a copy of which will be supplied to you with the cruise ticket.

HOTELS
CHECK-IN & CHECK-OUT:
Due to hotel housekeeping requirements, regardless of flight times, hotel check-in is normally after 3:00 pm on the day of arrival. Hotel check-out time is normally 12 noon.

ACCOMMODATION CHANGES
:
From time to time, the accommodation is not available for a variety of reasons, which may include unexpected maintenance problems, guest stayovers or overbookings by the hotel and a substitute hotel, of equal or greater quality is provided. We do reserve the right to downgrade accommodation if necessary and will reimburse you the difference in cost. The chances of a change are remote but you should be aware that the possibility exists.

PRICES AND COST INCREASES
All prices shown in this brochure are cruise only, per person, in Canadian Dollars, based on double occupancy unless otherwise shown. They are benchmark prices only for select categories and are based on Early Booking Fares determined by the individual cruise lines. Prices can fluctuate on a daily basis and are subject to change without notice. Port service charges/NCCF are included in the prices shown for Azamara Cruises, Celebrity Cruises, Costa Cruises, Disney Cruise Line, MSC Cruises, Norwegian Cruise Line, NCL America, Orient Lines and Royal Caribbean International. Any applicable fees, levies, service charges and surcharges are additional for every cruise line. For travel services booked through a Travel Agent registered in Ontario, should the price increase be greater than 7%, you have the right to cancel the contract for travel services and obtain a refund of all monies paid to Encore CruiseEscapes, unless the price increase is the result of government taxation or fuel surcharge allowed by the Canadian Transportation Agency.

GOVERNMENT FEES, TAX AND SERVICE CHARGES:
All cruises, air tickets and hotels are subject to various additional charges, such as Canadian transportation tax, destination departure tax, hotel service charges for maids, porters, etc., government/local hotel tax, energy surcharges, tour operator compensation, tourist cards, G.S.T, U.S. customs and immigration fees, port charges/NCCF and other miscellaneous charges. The exact amounts vary by destination and accommodation type and payment must be included with final payment. Your Travel Agent will be aware of the charges at the time of booking. In some instances, certain taxes are not payable in advance and passengers are responsible to pay these taxes locally.

UNUSED SERVICES
No refunds or adjustments will be made for unused services.

NOTICE OF CLAIMS
You must notify Encore CruiseEscapes, in writing, by registered mail, of any claim you may have, or claim to have, against Encore CruiseEscapes, within 30 days from the event giving rise to the claim. Should you not file a written complaint with Encore CruiseEscapes within 30 days from the end of your vacation, you will be presumed to be satisfied with the services received and to have waived any and all claims which you may have had against Encore CruiseEscapes. Encore CruiseEscapes will not respond to any claims or demands made after the expiration of the 30 day delay. You may not commence any legal proceeding against Encore CruiseEscapes unless you have submitted a notice as set out above. Under no circumstances shall Encore CruiseEscapes be liable to you for an amount in excess of the total amount paid to Encore CruiseEscapes for your package.

Encore CruiseEscapes
130 Merton Street,
Toronto, ON M4S 1A4

APPLICABLE LAW
Regardless of your holiday destination, any dispute between you and Encore CruiseEscapes shall be interpreted in accordance with the laws of the place of your departure from Canada and international conventions and agreements referred to herein. Notice: No agent or representative of Encore CruiseEscapes or any other service provider has the authority to modify or waive any provision of these Terms and Conditions.

ARBITRATION
Any claim or dispute (including, without limitation, any unresolved claims concerning any services booked through, or provided by, Encore CruiseEscapes and claims made directly by you or by anyone connected to you or claiming through you) relating to or arising from your purchase of a holiday, or the goods and services provided by or through Encore CruiseEscapes, must be decided by one arbitrator, to the exclusion of the Courts. The arbitration shall be governed by the National Arbitration Rules of the ADR Institute of Canada, Inc. or its successors or a replacement Administrator. The seat of the arbitration shall be in the province in which you reside. The decision of the arbitrators shall be final and binding upon the parties. The present arbitration clause applies to all claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis.

Any claim or dispute (including, without limitation, any unresolved claims concerning any services booked through, or provided by, Encore CruiseEscapes and claims made directly by you or by anyone connected to you or claiming through you) relating to or arising from your purchase of a holiday, or the goods and services provided by or through Encore CruiseEscapes, must be decided by one arbitrator, to the exclusion of the Courts. The arbitration shall be governed by the National Arbitration Rules of the ADR Institute of Canada, Inc. or its successors or a replacement Administrator. The seat of the arbitration shall be in the province in which you reside. The decision of the arbitrators shall be final and binding upon the parties. The present arbitration clause applies to all claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis.

ENCORE CRUISE ESCAPES' RESPONSIBILITY
The travel services provided are subject to the Travel Industry Act (ON), Travel Agent’s Act (BC), Travel Agent’s Act (QC) or any similar Act in force in the province of residence of the purchaser or in the province where a vacation was purchased from Encore CruiseEscapes and Regulations thereunder and are subject to the conditions imposed by the suppliers and such suppliers’ (and Encore CruiseEscapes’) liability is limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements, as amended (eg. The Warsaw Convention, The Athens Convention & The London Convention).

You agree that Encore CruiseEscapes shall not be responsible or liable for, and you hereby waive any claim arising out of or relating to, any loss, damage, injury or illness, whether physical or mental, resulting from any delay, substitution of equipment, or any act, omission, negligence or commission of any third party supplying any of the travel services or accommodation herein, its agents, servants, employees, subcontractors, or for any claims for such loss, damage or injury, whether physical or mental, arising therefrom, or from any cause that arises by reason of actions of parties other than Encore CruiseEscapes. Encore CruiseEscapes reserves the right to decline any passenger as a member of these tours at any time.

PRIVACY POLICY
Encore CruiseEscapes is compliant with the Personal Information Protection and Electronic Document Act (P.I.P.E.D.A.) that went into effect January 2004. A copy of our policy can be found at www.encorecruiseescapes.com or by contacting our Privacy Policy Office at any of the following addresses:

Encore CruiseEscapes is a wholly-owned division of Thomas Cook Canada Inc.
130 Merton Street,
Toronto, ON M4S 1A4 Ont.
Registration Numbers: 04555751, 04555793

475 West Georgia Street, Suite 220,
Vancouver, BC V6B 4M9 BC
Registration Number: 3597-6

2155 Guy Street, Suite 1190
Montreal, QC H3H 2R9
Quebec permit holder

SEVERABILITY
The invalidity of any provision contained herein does not affect the validity of any other provision listed.

BROCHURE VALIDITY
Prices are valid at time of printing for departures November 2007 to April 2009. The information in this brochure supersedes all previously published information. All information in this brochure is subject to change without notice. Printed in Canada November 2007.





 
 

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