Elisabeth – Terms and Conditions

Your booking is an agreement made between you, the “Guest” (“you”) and Bona Trade Ltd, the operators of Elisabeth, a company registered in England, Company number 7156136 (“the Company” “we”, “us”, “our”). Anyone travelling with the Guest shall also be bound by these terms whether they are specifically named in any booking correspondence or not. Your booking shall be governed by these Terms and Conditions which may be updated from time to time. Any update shall be published on our website.

Your Cruise

When you book a one week cruise it starts mid-afternoon (1400h-1600h) on the relevant Sunday, and ends when you leave the boat after breakfast the following Saturday (around 09h00) unless other start and end times have been previously agreed with us (“Cruise”). Your Cruise includes accommodation with a private en suite shower room with basin and toilet, all meals, specially selected regional wines and alcoholic and soft drinks consumed on board, all sightseeing tours, previously agreed transfers (where necessary). Not included: travel costs to and from previously agreed pick up/drop off point, travel or health insurance, crew gratuities, superior vintage wines or any personal expenditure.

When you book a two week cruise it starts mid-afternoon (1400h-1600h) on the relevant Sunday, and ends when you leave the boat after breakfast the Friday 12 nights later (around 09h00) unless other start and end times have been previously agreed with us.

Documentation

You should ensure that you have the correct documentation, i.e. passport and Visa (if required) before travelling to/through Europe. The Company shall not be liable for any loss caused by the Guest having incorrect documentation for entry into France/Europe. In the event that entry is refused for any reason and you are unable to join your Cruise our standard cancellation terms shall apply. If the Guest is unable to join the Cruise for any reason this shall be considered a Guest cancellation and our standard cancellation terms shall apply. In certain circumstances the Company may be able to offer a postponement of a Cruise. Such offer shall be solely at the discretion of the Company and the Company shall not be mandated to provide it.

Deposit and payment

A deposit of 25% of the total Cruise cost is payable on booking to secure the selected dates. The balance is payable 90 days before the start of the Cruise.

The Company reserves the right to cancel bookings in the event that the balance is not paid by the 90-day deadline. This shall be considered a cancellation by the Guest.

If your booking is made within 90 days of the start of the Cruise, the full cost of the cruise is payable at the time of booking. In no circumstances will the Guest(s) be allowed to embark unless the full Cruise cost has been paid.

Payments may be made by bank transfer or credit card. Payment shall be taken in Euro. If the Guest wishes to pay in any other currency this should be discussed with us before any payment is made. If a non-Euro currency is used to pay the deposit, the final payment must also be paid in that currency. The conversion rates shall be set by the Company’s bank at the dates of each payment.

Insurance

By making any booking you attest that you have in place or will obtain adequate and comprehensive insurance to for the entire duration of your vacation. The Company shall not be held liable for any losses incurred by the Guest for any reason due to lack of or poor insurance cover.

Cancellations

When the Guest cancels

Cancellations must be delivered by email to either the agents with whom the Guest has booked or info@hotelbargeelisabeth.com. This will be replied to once received to confirm receipt. It is the Guest’s responsibility to verify that notice of cancellation has been received by us or our agent.

The Company shall charge a cancellation fee if you cancel your Cruise after booking. This fee consists of all payments made by the Guest before they cancel.

In all instances, when you cancel, your deposit (25% of the total cruise cost) is non-refundable.

If the Guest cancels more than 90 days prior to the cruise, the 25% deposit shall be withheld and no further payment due.

If the Guest cancels 90 days or fewer prior to the cruise, and the has paid for the cruise in full all payments shall be withheld. If the Guest requests a reschedule or delay the Company shall make reasonable efforts to accommodate such request, subject to availability and any change in published prices.

The Company may refund any cancellation fees (less the 25% deposit and any other reasonable costs or any additional costs incurred as a result of your cancellation) if you cancel at any time and it is able to resell the dates you have booked; this is solely at the Company’s discretion.

If the Guest cancels a Cruise once it has started no refunds will be given and the Company shall have no further liability to the Guest(s). A Cruise is considered to have started when Guests are first met by a member of the crew of Elisabeth. A no-show will be considered a cancellation by the Guest unless previously agreed in writing by us.

You are strongly advised to take out comprehensive cancellation insurance.

When the Company cancels

When the Company cancels a cruise for any reason other than force majeure the Company shall refund the monies paid by the Guest up to the date of cancellation. If the cancellation takes place more than 60 days before departure the Company shall have no other liability to the Guest. If the cancellation takes place 59 – 40 days before departure each Guest will be entitled to receive €20 as compensation, 39 – 20 days before departure each guest will be entitled to receive €60 as compensation, 19 – 7 days before departure each Guest will be entitled to receive €100 as compensation, less than 7 days before departure each Guest will be entitled to receive €150 as compensation.

Changes made by Guest(s)

Where changes to a booking are requested by the Guest the Company shall make reasonable efforts to meet your request but all dates are subject to availability and the change must be within the same calendar year. The Company reserves the right to charge additional fees of €200 per Guest for all changes. The Guest shall hold the Company harmless if any requested changes cannot be fulfilled by the Company.

Guest Warranties

The Guest warrants that;

• All Guests shall follow all safety instructions given to them by the Master of the vessel and any of her crew;
• No Guest shall operate or seek to operate any vehicle or equipment owned or operated by the Company save for the bicycles on board for the Guests’ use;
• Subject to the Disabilities clause below, all Guests are in good health;
• He/she has the authority to bind to the contract all persons named on his/her booking;
• He/she has read and understood these Conditions and agrees (for himself/herself and on behalf of each person named on his/her booking) to be bound by them.

Guest behaviour

The Company shall not accept Guests behaving in an abusive or inappropriate manner to any of its staff, agents or other Guests before, during or after the Cruise. This includes but is not limited to dangerous and/or inappropriate drunkenness, unwanted physical contact or harassment, as well as the use of illegal substances whilst on board Elisabeth. The Company reserves the right to immediately and permanently remove any Guest(s) from Elisabeth who are found to be behaving in such ways and/or terminate the Cruise. For the avoidance of doubt, any behaviour which risks the safety of any person on board or that of the vessel itself may also be dealt with in this way. In such event, no refunds shall be given and the Company shall have no liability to the Guest(s) for any loss whatsoever or additional expense incurred by the Guest(s) as a result of their removal from Elisabeth. In all cases, the Master’s decision shall be final.

Limitation of Liability

So far as is permitted by law, the Company accepts no liability for any loss incurred by the Guest, loss or damage to the Guest’s personal effects, injury, accident or illness to any Guest, unless that loss, injury or illness is caused by the demonstrable negligence of the Company, its directors, officers, or employees. If this is the case the maximum liability of the Company shall be limited to the price you have paid for the Cruise. All Guests are strongly advised to take out adequate insurance for themselves, their vacation and their possessions.

Reservation of Rights

The Company reserves the right to: i) increase prices to cover unforeseen increases in costs or the effects of exchange rate movements incurred after the publication of its price list; ii) cancel any itinerary in whole or in part; iii) make alterations to any itinerary as it deems necessary or desirable; iv) refuse to accept or retain as a Guest any person at any time, in such circumstances the Guest agrees to hold the company harmless. In the event of alteration or cancellation, the Company may, but is not obliged to, reschedule the cruise to a later date or offer a credit note for fees paid which may be used against the cost of a future cruise. Waterway routes alterations and substitutions: All routes are subject to change without notice. Some waterways may be subject to occasional closures that result in conditions being unsafe or unavailable for navigation. In the unlikely event of such occurrences, the following conditions shall apply: i) if navigation must be halted, Guests will continue to be accommodated on Elisabeth whilst stationary and the daily tours will continue as planned. To compensate for any suspension of cruising, additional tours will be provided following discussion with the Guest(s), ii) the Company may reverse a cruise route or cruise another waterway, iii) in any decision related to navigation, the judgement of the Master on any action or inaction is considered final, i iv) the Company shall have no liability if any cancellation, variation to route, accommodation, tours, meals or curtailment is due to the failure of any part of Elisabeth’s equipment which has been reasonably maintained by the Company.

Special Requests

If you have special requests you must advise us at the time of booking. We shall endeavour to accommodate all reasonable requests. Where those requests include additional costs (superior vintage wine, for example) we shall prepare a cost estimate for you which, once agreed, will be added to the final payment amount. Confirmation of receipt of a special request is not confirmation that the request will be met. Failure to meet any special request shall not be a breach of contract. No booking which is stated to be conditional on the fulfilment of a particular request shall be accepted. If we are unable to provide a special request you have paid for in advance we will either agree an alternative with you or provide a refund only for the additional amount paid for that special request.

Disabilities

Guests who are disabled or not in good health must notify us of this at the time of booking. Elisabeth is an historic barge and may not be suitable for Guests who have restricted movement or require extra care or assistance. Further, we may be cruising in areas which are far from immediate medical help. If feel we are unable to accommodate the specific needs of a Guest we reserve the right to decline a reservation. If a Guest makes no declaration at the time of booking and is unable to move safely about the vessel, is suffering from an infectious disease, has assistance or medical needs that we are not able to meet we must reserve the right to exclude that Guest from the Cruise. The Guest agrees to hold the Company harmless if a Guest is excluded from a Cruise because of a previously undeclared illness or disability.

Your indemnification of the Company

If you cause damage to Elisabeth, its fixtures or fittings, or any other property owned by the Company, you agree that you shall pay the costs to make good the damage you have caused. If you cause any damage or loss to any third party, you shall be solely liable to the third party. You agree that you shall indemnify and hold the Company harmless in all such issues involving third parties.

Arrangements with third parties

If you ask the Company to arrange events with a third party the Company accepts no liability for any problem arising out of those events. Any such problems must be taken up with the supplier of the event.

Accuracy of Information

Every care has been taken to ensure the accuracy of all information presented by the Company in the description of Elisabeth and her operation. However, all such information is for guidance only; no liability shall be accepted by the Company for any inaccuracies.

Smoking policy

For the comfort and safety of all Guests and crew, it is forbidden to smoke aboard the Elisabeth. Any Guest found to be smoking on board may, at the sole discretion of the Master, be immediately excluded from continuing the Cruise. The Company shall not be held liable for any loss or additional costs incurred as a result of such exclusion.

Data privacy

The Company should be considered the Data Controller for all personal data collected in the course of business. Your personal data shall be collected, stored and processed in accordance with relevant laws and regulations and only when strictly necessary. All such storage and processing shall be in accordance with the General Data Protection Regulation (“GDPR”). Your data will be used for the following purposes; i) administering the booking for the Cruise you are requesting, ii) marketing emails/contact, iii) surveys before or after you have cruised with us. The Company shall keep all of your personal data secure and never pass it on to a third party unless it is necessary to do so to facilitate or manage your booking or we are compelled to do so by law. If you do NOT wish to be contacted by the Company, please either click the “unsubscribe” link in the last communication sent to you or simply send an email to data@hotelbargeelisabeth.com asking to be removed. Please also use this email address to contact us for any other Data Protection purpose.

During the Cruise we may take photographs and video which could include images of Guests. If we are informed at the time of capture that a Guest does not wish to be included we will take all reasonable steps to ensure that there are no recognisable images of that Guest retained. If no such objection is received before publication the Company shall have the right to publish the captured images/video for any business purpose without obligation to compensate any Guest.

Force Majeure

The Company shall not be liable or responsible, nor be deemed to have defaulted under or breached any agreement, for the delay or cancellation of any cruise when and to the extent such failure or delay is caused by events or acts beyond the Company’s control. These events or acts can include, but are not limited to, pandemic, war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather, sea, air, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control.

Credit card policy

By making any payment to us or our agents by credit card you agree to waive any rights you may have to cancel or delay any such credit card transaction in any way whatsoever with your credit card provider. You agree that we may share these terms and conditions with your credit card provider to demonstrate that you have accepted that all credit card payments are final.

You agree and authorise the Company to charge the remaining balance of the Cruise cost to the credit card you have provided for the payment of the deposit in the event that payment is still outstanding and you are not available (and we have made reasonable efforts to contact you between the hours of 8am and 3pm local to your home address) on the due date.

Headings

The section headings contained in these Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation of the content.

Severability

If any part of these Terms and Conditions is declared unenforceable or invalid, the remainder of the shall continue to be valid and enforceable.

Validity

These Terms and Conditions have been issued in June 2021. They supersede and cancel all prior communications and agreements whether written oral express or implied. We may revise these Terms and Conditions from time to time. The revised version will be effective at the time we post it on our website, unless otherwise noted. By continuing with your booking after any changes, you agree to abide and be bound by those changes. If you do not agree with any changes you must contact us within 21 days of any changes.

Jurisdiction

These Terms and Conditions form a part of the contract between the Company and the Guest. Any dispute arising shall be governed by the law of England and Wales, and any judicial proceedings shall exclusively be conducted in London, United Kingdom.

The Elisabeth provides her guests a unique vacation possibility;

Vacation within your own Covid-secure “bubble”

Elisabeth only offers full charters, takes a maximum of 6 passengers and fully private transfers; ensuring the safety of your “bubble” from beginning to end.

You will be collected from either your arrival point in Paris or your hotel and take you directly to the Elisabeth in your private, air-conditioned transport to begin your cruise.

Elisabeth operates with up to 4 crew, all of whom are tested for Covid-19 before they join the barge for the season and will be vaccinated once the vaccines are available. During the cruising season the crew follow all government guidelines regarding guests’ Covid safety including more extensive cleaning and disinfection procedures during your vacation and between guests.

All tours and excursions will be conducted with strict social distancing; protecting your “bubble”. Don’t worry, it’s still possible to experience wine tasting, tour around fabulous chateaux and explore the hidden depths of France!

Once your cruise comes to an end we will deliver you and your “bubble” back to your hotel or your departure point in Paris, for a safe onward journey.

Vacation safely and with confidence on the Elisabeth.