CONTRACT OF CARRIAGE
NOTICE TO PASSENGERS: THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND ROYAL HYWAY TOURS, INC., D/B/A Gray Line Alaska AND D/B/A/ PRINCESS TOURS (tOUR PROVIDER), WITH RESPECT TO THE TOUR(S) YOU HAVE PURCHASED (TOUR). THE WORDS “YOU” (AND ITS DERIVATIVES SUCH AS “YOUR”) REFERS TO ALL PERSONS TRAVELING UNDER THIS CONTRACT. CERTAIN OTHER PERSONS AND ENTITIES ARE ALSO GRANTED RIGHTS UNDER THIS CONTRACT. YOUR PARTICIPATION IN THE TOUR CONSTITUTES ACCEPTANCE OF THIS CONTRACT. THIS CONTRACT CANNOT BE TRANSFERRED BY YOU. ANY ALTERATIONS TO THE CONTRACT WHICH ARE PURPORTED TO HAVE BEEN MADE BY TOUR PROVIDER AND WHICH HAVE NOT BEEN AGREED TO IN WRITING BY THE PRESIDENT OF TOUR PROVIDER ARE NOT BINDING UPON TOUR PROVIDER.
TERMS AND CONDITIONS OF CONTRACT–READ CAREFULLY BEFORE ACCEPTING
1. The Tour: In consideration of your payment of the fare, Tour Provider agrees to provide you with the Tour utilizing, to the extent applicable, one or more motor coaches, day boats and/or railcars owned, operated or arranged for by Tour Provider (Tour Provider Equipment).
2. Limitation of Liability: Tour Provider shall be entitled to the full benefit of all rights, immunities and limitations of, or exemptions from, liability provided by applicable law. Tour Provider is not liable for damages related to injuries, property loss, excess or hardship caused by or related to the services arranged by Tour Provider, nor is Tour Provider liable for failure to provide agreed upon services due to acts of God, governmental agencies, terrorism, adverse weather, pandemic, public health emergencies, or other events beyond the control of Tour Provider. In any case, Tour Provider is not liable for the failure to provide service beyond the amount of the payment made to Tour Provider for that service for the affected party. Travel insurance is recommended to mitigate the effect of unforeseen circumstances.
All rights, exemptions from liability, defenses and immunities of Tour Provider under this Contract or applicable law will also inure to the benefit of all affiliates of Tour Provider, including, but not limited to, Tour Alaska, LLC, Alaska Hotel Properties, LLC, Princess Cruise Lines, Ltd., Westmark Hotels, Inc. and Westmark Hotels of Canada Ltd., the owners of any Tour Provider Equipment (Owners), and all operators, agents, managers, representatives, employees, contractors and others used, engaged, contracted with, or employed by, or on behalf of, Tour Provider, the affiliates of Tour Provider or the Owners. These third parties will have no liability to you, either in contract or in tort, which is greater than or different from that of Tour Provider. As a regulated carrier, Tour Provider has tariffs on file with appropriate governmental agencies which, to the extent applicable, are incorporated by reference in this Contract.
3. Time Limitation for Lawsuits: You may not maintain a lawsuit against Tour Provider for loss of life, illness, bodily injury, loss or delay of or damage to baggage or breach of contract unless written notice of the claim is delivered to Tour Provider not later than six (6) months, and the lawsuit is commenced not later than one (l) year, after completion of the Tour.
4. Schedule Changes/Substitution of Tour Components/Cancellation by Tour Provider: Tour Provider reserves the right to cancel or modify all or part of a Tour in its reasonable discretion including, but not limited to, in response to insufficient sales. If Tour Provider cancels the entire Tour, you will receive a full refund of amounts paid to Tour Provider. If Tour Provider cancels a portion of the Tour due to weather or other reasons beyond the control of Tour Provider, or if you decide for any reason whatsoever to not participate in all or part of the Tour, Tour Provider will not be required to make any refunds. For other partial cancellations by Tour Provider, you will receive a refund for the value of the cancelled portion, with value to be determined by Tour Provider in a fair and equitable manner. Tour Provider reserves the right to alter tours and, if necessary, substitute a Tour component of comparable value (including hotels and rail service). If, due to weather or other unforeseen reasons, flights are adversely impacted or you are required to spend an additional night in a location, hotel and meal costs and other incidental expenses are your responsibility. If you used a travel agency to make your booking, all refunds will be made to your travel agent in the amount actually received by Tour Provider less any applicable cancellation fees and charges. You are responsible for obtaining from your travel agency monies either retained by the agency or received by the agency from Tour Provider.
5. Denied Transportation/Limitation on Liability: Circumstances may arise which, in the reasonable discretion of Tour Provider, dictate that for your safety, the safety of the Tour Provider Equipment or the safety or comfort of other passengers or Tour Provider employees, you be denied transportation either before or during the Tour. In the event you are injured, become ill, or die, or your property is lost or damaged, or you and/or your property is delayed, Tour Provider will not be liable to you for any damages unless the occurrence was due to Tour Provider’s negligence or willful fault. In no event will Tour Provider be liable to you for special, consequential, incidental, exemplary or punitive damages, even if informed of the possibility of same.
6. Baggage Policy: Tour Provider will carry as baggage on your Tour only your personal items and clothing for your comfort and convenience while on your Tour. Your personal items and clothing need to be placed in securely constructed and locked luggage that is designed for travel. You are limited to two pieces of luggage per person which must be able to fit in the baggage compartments of Tour Provider motor coaches, plus one overnight or carry-on bag which must remain in your custody at all times. Tour Provider will not assume any liability for any loss of or damage to carry-on baggage left unattended on a motor coach, rail car, on other modes of transportation, or in hotels. Certain hotels may provide safe-deposit boxes or room safes. Your use of such safe-deposit boxes or similar facilities will not increase Tour Provider’s liability as described herein. Tour Provider is not responsible for any loss, delay or damage that occurs before baggage is in Tour Provider’s actual custody or after baggage leaves our custody at the end of your Tour. In particular, please note that we assume no responsibility for loss, damage or delay while baggage is in the custody of an airline. In no event shall Tour Provider be liable for normal wear or tear of your property or baggage. Tour Provider also does not assume any responsibility for loss of or damage to: perishable items; medicine; liquor; cash, credit or debit cards; jewelry, gold, silver or similar valuables; securities, financial instruments, records or other business documents; computers; cellular telephones; cameras; hearing aids; electric wheelchairs; scooters; video or electronic equipment; works of art; binoculars; recreational equipment; dental hardware; cosmetics; electric hair appliances; liquids; luggage locks; eyewear (including eyeglasses, sunglasses and contact lenses); medical equipment; cigarettes or other tobacco products; electronic nicotine delivery systems; film; videotape; computer disks; audio disks; tapes or CD’s. During your travel, the above listed items and other valuables must be placed in a bag you carry with you or shipped to your destination by other means. Tour Provider’s liability for loss or damage to baggage or other personal property is limited to U.S. $250 per guest.
7. Tour Components Furnished by Independent Contractors: Please note that some services and/or certain portions of the tours (such as air travel, taxis, shore excursions, hotels, boats, other vessels, certain rail services, meals and medical care providers) are provided by independent contractors that are persons or companies other than Tour Provider. Tour Provider assumes no responsibility with respect to the goods or services of these independent contractors (including for delay, injury, death or damage to property) even though it may collect monies or make arrangements on your behalf. Tour Provider assumes no responsibility for and cannot be held liable for any personal injury, death, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of; (1) any wrongful, negligent, willful, or unauthorized acts or omissions on the part of any independent contractor or agents, (2) any defect in or failure of any vehicle, equipment, instrument owned, operated or otherwise by any of these suppliers, or (3) any wrongful, willful, or negligent act or omissions on any part of any other party not under the supervision or control of Tour Provider.
8. Passengers with Disabilities/Inherent Risks: Tour Provider does not discriminate against persons on the basis of disability. We seek, to the extent feasible, to accommodate the needs of persons with disabilities. Service animals are permitted if we are notified at the time of booking that you will bring a service animal. Certain facilities and services that are part of a Tour may not be fully accessible or usable by persons with disabilities. While Tour Provider endeavors to contract with companies which provide accessible services and facilities, we cannot guarantee same. In limited situations where an individual with a disability would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, we may find it necessary to ask the individual to make alternative travel arrangements. We must be notified of any special medical, physical or other requirements of guests at the time of booking. Please contact our Access Office via email at [email protected].
9. Governing Law/Venue for Lawsuits/Partial Invalidity: This Contract is issued at Seattle, Washington and will be construed in accordance with the laws of the State of Washington, without regard to the conflicts of laws provisions thereof that would result in the application of the laws of any State other than the State of Washington. All disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Tour shall be litigated, if at all, in and before the United States District Court for the Western District of Washington at Seattle, or, as to those lawsuits as to which the federal courts of the United States lack subject matter jurisdiction, in the courts of King County, State of Washington, U.S.A., to the exclusion of the courts of any other state or country. Any provision of this Contract which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and the validity and enforceability of the remaining terms and conditions of this Contract will not otherwise be affected, nor will the validity and enforceability of such provision be affected in any other jurisdiction.
Updated on 10/31/2022