TERMS AND CONDITIONS
Please read this information carefully, as payment of a deposit represents your acceptance of the following Terms and Conditions. These Terms and Conditions apply to all Smithsonian Journeys/AmaWaterways and its Affiliates (“AMA”) Cruises booked on or after January 1, 2025, but do not apply to other AmaWaterways river cruises. Please visit www.amawaterways.com/uk/terms-conditions/booking-sales to see the Terms and Conditions for those tours.
Smithsonian Journeys Mission
Smithsonian Journeys engages participants in the mission of the Smithsonian Institution – “the increase and diffusion of knowledge.” Like the Institution, our tours enrich our participants’ lives and inspire their curiosity about the world. Your participation benefits the work of Smithsonian’s 19 museums, National Zoo, and nine research centers, helping to preserve our national treasures and shape the future through science, research, and exhibitions.
IMPORTANT NOTICE: THESE ARE THE TERMS AND CONDITIONS GOVERNING THE BOOKING AND SALE OF YOUR CRUISE AND RELATED TRAVEL FROM AMAWATERWAYS, LLC AS SALES AND MARKETING AGENT FOR THE CARRIERS (“TERMS”). A SEPARATE PASSENGER TICKET CONTRACT BETWEEN THE PASSENGER AND THE CARRIER GOVERNS THE CRUISE AND TRAVEL ITSELF. THE PASSENGER TICKET CONTRACT IS AVAILABLE AT WWW.AMAWATERWAYS.COM/UK/TERMS-CONDITIONS/PASSENGER-TICKET-CONTACT. PLEASE CAREFULLY READ THESE TERMS AND THE PASSENGER TICKET CONTRACT WHICH ARE BINDING TO YOU AND CONTAIN SIGNIFICANT FEES FOR CANCELLATION AND LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS ON DAMAGES FOR BAGGAGE AND OTHER PROPERTY, PERSONAL INJURY, ILLNESS OR DEATH; FOR CLAIMS BETWEEN PASSENGER AND AMAWATERWAYS (BUT EXCLUDING THE SMITHSONIAN INSTITUTION) TIME LIMITS FOR CLAIMS AND SUITS, SWISS CHOICE OF LAW AND SWISS FORUM SELECTION REQUIREMENTS, AND CLASS ACTION WAIVER.
Parties: In these terms and conditions, “you” or “passenger” or “participant” refers to the person booking, purchasing or travelling on the cruise, and to individuals travelling as part of that person’s reservation. “We” or “us” refers to Smithsonian Journeys (“Smithsonian”, a non-profit trust instrumentality of the United States) and AmaWaterways, Limited of Suite A, Abbots Place, Walnut Tree Close, Guildford, Surrey GU1 4RW, company number 10184331 (“AWL”), which acts solely as a sales and marketing agent for the ship’s owner, operator and/or charterer (“Carrier”) and providers of other forms of transportation, lodging, tours or travel services (“Suppliers”). Smithsonian Journeys cruises/tours are organised and administered by professional tour operators hired as independent contractors. The use of designated tour operators allows the Smithsonian to offer participants a wide array of educational travel opportunities. AMA is the tour operator for this cruise and offers the travel and enters into these terms and conditions with you pursuant to arrangements made with AWL. The term “Carrier” means the owner, operator and/or charterer of the vessel as set forth under “Carrier Information” below.
LIABILITY DISCLAIMER: We arrange with others for the services described in these Terms, your confirmation and/or our brochures. Carriers and Suppliers are independent third parties which are separate entities and are deemed not to be our principals, agents, employees or partners. AmaWaterways Ltd. ACTS SOLELY AS SALES AND MARKETING AGENT FOR THE CARRIERS AND SUPPLIERS AND DOES NOT OWN OR OPERATE ANY SHIP OR OTHER MODE OF TRANSPORTATION, HOTEL OR ACCOMMODATION. ACCORDINGLY, WE DISCLAIM RESPONSIBILITY AND LIABILITY FOR, AND PARTICIPANT WAIVES, RELEASES AND ACKNOWLEDGES THAT THERE SHALL NOT BE ANY CLAIM OR RECOURSE AGAINST US FOR OR AS A CONSEQUENCE OF: BREACH OF DUTY, BREACH OF CONTRACT, NEGLIGENT OR WILFUL OR INTENTIONAL ACT, FAILURE TO ACT OR OMISSION BY ANY CARRIER OR SUPPLIER. Carrier, Supplier and participant obligations and liabilities are subject in each case to terms and conditions of the Passenger Ticket Contract and each Supplier’s contract, and any and all laws, regulations and international conventions that apply under those contracts, including, but not limited to choice of law, jurisdiction for disputes, limitations of liability, and time limitations for claims and suits between participant and Carrier or Supplier (excluding the Smithsonian). PARTICIPANT AGREES THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS (INCLUDING PERSONAL INJURY, DEATH, AND LOSS OF OR DAMAGE TO PROPERTY) OR EXPENSE OCCASIONED BY ANY ACT OR OMISSION OF ANY CARRIER OR SUPPLIER, OR ANY PROVIDER OF A TRAVEL PROTECTION PLAN, OR INSURER, OR OF ANY OTHER PERSON. If the services of a Carrier or Supplier cannot be delivered or there are changes in any planned service for any reason beyond our control, we will make an effort to arrange similar services. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE PASSENGER TICKET CONTRACT, THE CRUISE OR ANY RELATED TRAVEL OR ACTIVITIES, AND OUR LIABILITY, IF ANY, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO US FOR THE TRAVEL. THE RESOLUTION OF ANY AND ALL CLAIMS AGAINST CARRIER (AND EXCLUDING THE SMITHSONIAN), RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT AND/OR PASSENGER’S TRAVEL SHALL BE GOVERNED EXCLUSIVELY BY THE LAWS OF SWITZERLAND, EXCLUDING RULES OF CONFLICTS OF LAWS, WHICH THE PASSENGER AGREES REPLACES, SUPERSEDES AND PREEMPTS ANY PROVISION OF LAW OF ANY STATE OR NATION TO THE CONTRARY. In consideration of, and as part payment for, the right to participate in the cruise, you, your dependents, heirs, executors, administrators and assigns, agree to release the Smithsonian Institution, its Regents, officers, employees, representatives or agents, the United States, and AMA and its officers, employees and agents from liability for personal injury, death, property damage or loss suffered by any person in connection with this tour, even if caused by the negligence (but, not the reckless, wilful, or fraudulent conduct) of tour staff or other related persons or entities. In addition, by registering for this tour, the applicant certifies that he or she is mentally and physically capable of full participation in this tour.
The Smithsonian and AMA also reserve the right, without penalty, to withdraw the tour announced, to decline to accept any person as a participant in a tour, to require a participant to quarantine (subject to Public Health Entities’ protocol and guidelines), or to require any participant to withdraw from the tour at any time (including, but not limited to inappropriate, or offensive behaviour) when such action is determined by tour staff to be in the best interests of the health, safety or general welfare of the tour group or the individual participant. “Public Health Entities”, as used herein, includes the Centers for Disease Control and Prevention and foreign, federal, state, and local governments and health agencies.
AS A CONDITION OF ACCEPTANCE OF ANY APPLICATION, EACH APPLICANT MUST AGREE TO THE STATEMENT SET FORTH BELOW:
I have read carefully the Terms and Conditions set forth above and the schedule of activities for this tour, as well as the Passenger Ticket Contract, and recognise and accept any risk associated with the tour and the conditions, including the refund policy, set forth in the tour materials. I further acknowledge that there are many risks and uncertainties inherent in any travel, including, but not limited to the hazards of various modes of transportation, forces of nature including, but not limited to weather, flooding, and high/low water levels, acts or omissions of foreign governments, terrorism, war or insurrection, theft, illness, widespread communicable disease outbreak (e.g. COVID-19, SARS, etc.) or other public health emergency event declared by local, State or Federal government order to be an epidemic, pandemic, public emergency or similar, quarantines, bites from or attacks by animals, insects, or pests, and damage to person or property due to the negligent acts or omissions of tour staff or others. I will follow any orders, directives and guidelines issued by Public Health Entities, the health and safety guidelines provided herein and the directions of tour staff.
Disputes/Claims Between Passengers and AMA. If a complaint arises, the participant should first inform a member of the on-tour staff, so that the staff can attempt to rectify the matter. If the issue remains unresolved, the individual should submit the complaint in writing to Smithsonian Journeys within 30 days of the completion of the tour. The Smithsonian Journeys staff will make a good faith effort to resolve any dispute. In the event that either party is dissatisfied with the outcome of that dispute resolution process, such efforts shall not constitute a waiver by either party of the right to file suit.
PASSENGER AGREES THAT ALL CLAIMS WHATSOEVER BETWEEN PASSENGER AND AMA (EXCLUDING THE SMITHSONIAN) ARISING OUT OF OR RELATING TO THIS CONTRACT OR PASSENGER’S TRAVEL SHALL BE LITIGATED BEFORE THE “CIVIL COURT IN BASEL (“ZIVILGERICHT BASEL-STADT), SWITZERLAND”, TO THE EXCLUSION OF THE JURISDICTION OF COURTS OF ANY OTHER COUNTRY. PASSENGER CONSENTS TO JURISDICTION AND WAIVES ANY VENUE OR OTHER OBJECTION TO VENUE OR PERSONAL JURISDICTION THAT MAY BE AVAILABLE TO ANY SUCH ACTION OR PROCEEDING BEING BROUGHT IN SAID COURT.
Disputes/Claims Between Passengers and Smithsonian. PASSENGER AGREES THAT ALL CLAIMS WHATSOEVER BETWEEN PASSENGER AND THE SMITHSONIAN INSTITUTION ARISING OUT OF OR RELATING TO THIS CONTRACT OR PASSENGER’S TRAVEL AND ANY ACTION OR LEGAL PROCEEDING AGAINST THE SMITHSONIAN INSTITUTION IN CONNECTION WITH YOUR TRIP SHALL BE GOVERNED BY APPLICABLE UNITED STATES FEDERAL LAWS AND BROUGHT ONLY IN A UNITED STATES FEDERAL COURT OF COMPETENT JURISDICTION.
PASSENGER TICKET CONTRACT: ALL SHIP TRANSPORT IS PROVIDED ACCORDING TO THE TERMS AND CONDITIONS OF THE PASSENGER TICKET CONTRACT, WHICH IS SENT AT THE TIME OF BOOKING, IS INCLUDED IN THE DIGITAL TRAVEL DOCUMENTS SENT PRIOR TO THE CRUISE AND IS AVAILABLE FOR REVIEW AT WWW.AMAWATERWAYS.COM/UK/TERMS-CONDITIONS/PASSENGER-TICKET-CONTRACT. THE PASSENGER TICKET CONTRACT ESTABLISHES LIMITS OF LIABILITY, LIMITS ON CLAIMS, AND TIME LIMITS FOR MAKING CLAIMS BETWEEN PASSENGERS AND CARRIER (EXCLUDING THE SMITHSONIAN), AS WELL AS OTHER RESTRICTIONS, LIMITS AND DISCLAIMERS OF CARRIER’S LIABILITY FOR YOUR DEATH, ILLNESS, INJURY, OR DAMAGE CLAIMS RELATING TO BAGGAGE OR PERSONAL PROPERTY. IT IS GOVERNED BY SWISS LAW AND INCORPORATES PROVISIONS AND LIMITATIONS UNDER THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974, AND THE PROTOCOL TO THE CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1976, THE INTERNATIONAL CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976, AND THE STRASBOURG CONVENTION ON THE LIMITATION OF LIABILITY OF OWNERS OF INLAND NAVIGATION VESSELS, 2012. VENUE FOR LITIGATION OF ANY DISPUTES BETWEEN PASSENGERS AND CARRIER (EXCLUDING THE SMITHSONIAN) UNDER THE PASSENGER TICKET CONTRACT IS EXCLUSIVELY IN THE COURTS OF BASEL, SWITZERLAND.
CLASS ACTION WAIVER: THESE TERMS AND THE PASSENGER TICKET CONTRACT PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY LAWSUIT AGAINST US OR THE CARRIER WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.
Carrier Information: For vessels flying the Swiss flag, the Carrier is AmaWaterways GmbH, an entity organized under the laws of Switzerland. For vessels in Portugal, the Carrier is DouroAzul, Sociedade Maritimo Turistica S.A, an entity organized under the laws of Portugal. For the vessel in Vietnam, the Carrier is Indochina Waterways, an entity organized under the laws of Vietnam. For the vessels in Colombia, the Carrier is AmaMagdalena S.A.S., an entity organized under the laws of Colombia. For a complete and up-to-date listing of the registry and Carrier for each vessel, visit www.amawaterways.com/uk/CarrierInformation.
Reservations and Payments
To reserve your place, please contact your preferred Travel Agent or AmaWaterways at 0800 520 2250 Mon-Fri. 9am – 5:30pm UK time.
Deposit and Final Payment: To confirm a river cruise or river cruise and land reservation, we require a deposit of £270 per person for Europe, Colombia and Asia, itineraries on or before the deposit due date indicated on the confirmation. For Fly Cruise packages a further deposit for the flight portion of the fare will be payable, the amount of which will be advised at time of booking. Upon receipt of deposit, air will be ticketed, at which time deposits will be nonrefundable. Any air schedules and ticketing relating to AmaWaterways air promotions will be provided 75 - 90 days before the travel start date or once full payment is received for the river cruise and promotional air price (if any). Any itineraries that include intra-air flights require a non-refundable deposit (also applies to combination cruises) and will be advised at time of booking. Bangkok land package requires a nonrefundable deposit of £150 per person. Hotel Extra Nights require a non-refundable deposit of £35 per stateroom at the time of confirmation of the hotel availability. Other custom arrangements may also require non-refundable deposits and will be advised at the time of booking. Final payment is due no later than 90 days before the travel start date. Failure to provide full payment by 90 days prior will result in cancellation of all services booked with AmaWaterways. Should that occur, all penalties would be assessed for the components booked as per the AmaWaterways cancellation timeline listed below, regardless of any reinstatement requests of services received after the cancellation is processed. Please note any prior confirmations of land packages or airline schedules would no longer be valid in the event a reinstatement is requested and all availability for cruise, land and air would be subject to change based on availability at time of re-booking and is subject to current market pricing at such time. Any travel protection plans would be non-refundable in the event of cancellation and would need to be repurchased entirely on the reinstated reservation.
Cancellation Charges: In the unfortunate event a participant must cancel travel, notice must be made to AmaWaterways during standard business hours or via email to amares-intl@amawaterways.com, which must include writing stating clearly and correctly each guest’s name, ship name, start and end date of the cruise and a brief statement of the reason for cancellation. Other forms of notice are not sufficient. If cancellation is requested within 7 days of booking, unless it is within final payment, a full refund will be provided. Cancellations received within 24 hours of trip start date will be deemed as trip interruption, cannot be cancelled and are 100% non-refundable. The effective date of the cancellation is the date we receive cancellation notice. A change in sailing date, name changes, the substitution of a participant or a reduction in the number of guests in a stateroom are treated as a cancellation in that all applicable cancellation charges apply. A reduction in occupancy is subject to a single supplement charge. All cancellation charges are per person, based on the cancellation date, as seen in the chart below. You acknowledge that your cancellation will cause us and the Carrier difficulty in selling a replacement cruise or cruise and land reservation and thus the cancellation fees described below apply regardless of whether your cruise or cruise and land reservation is resold. You agree that any losses sustained by us and/or the Carrier in the event of cancellation would be very difficult or impossible to quantify, and the cancellation fees are fair and reasonable as liquidated damages.

