Your confirmation invoice and these booking conditions form our contract with you and are binding. Please read these documents carefully, check you understand them and that they only contain terms you are prepared to agree to.
Nothing in these booking conditions shall exclude or limit any of your statutory rights which may not be excluded or limited due to you acting as a consumer.
We are Panache Cruises, Inc, a Delaware corporation, and our registered address is:
1401 Lavaca St. #364 Austin, TX 78701
1.1 All prices shown on our website and advertised in any other marketing piece created by Panache Cruises are subject to availability. Promotional offers and prices do change on a regular basis. Up to date prices will be quoted prior to you entering your vacation contract.
1.2 Prices are not confirmed until we receive an invoice from our principal / supplier, prices can go up or down. Any changes will be notified immediately, at this point you will have the option to either:
1.3 As soon as you have paid your deposit, your vacation contract is effective, and you are bound by the terms and conditions of the principal / supplier. Some travel providers will allow cancellation with no costs within 24hours of booking. This is however the decision of the supplier at the time of cancellation and cannot be guaranteed.
2.1 When you make a booking you guarantee that you are over 18 years of age and have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by the laws of laws of the United States and the jurisdiction of the State of Delaware.
2.2 In these booking conditions all references to “you” include references to the lead named person on the confirmation invoice and all persons on whose behalf a booking is made.
2.3 You accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
3.1 All of our calls are recorded for training, monitoring and accuracy purposes.
3.2 At the time of booking all your vacation details will be read back to you. You must confirm that you are happy with all the details and pay your deposit before we can confirm your booking with our principal / supplier. Once the booking has been made, we will send you a booking confirmation via email within 24 hours. Please tell us immediately about any errors otherwise you may be unable to travel.
3.3 You agree that you will carefully check the written confirmation which we send to you to ensure that it is correct and exactly matches what you booked. If it is not you are required to contact us within 48 hours of receiving your confirmation to inform us of any inaccuracy and take a note of whom you reported it to. We will be entitled to charge you the costs which we incur to correct any inaccuracy which is attributable to you. If you fail to notify us of any inaccuracies within 48 hours of receiving your confirmation, we may be unable to correct the inaccuracy.
3.4 You must advise us if any passenger travelling will be entering week 24 of pregnancy by your time of return. Before booking you should consult with your doctor at any stage of pregnancy as a medical certificate may be required. Some airlines/ cruise lines refuse to carry women who will be 28 weeks or more pregnant on the date of return travel. We will check with the airline/cruise line concerned as their rules may vary.
3.5 If you or any member of your party has any medical requirement or disability which may affect your stay, please provide us with full details before you make your booking so that we can advise as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the travel arrangements.
3.6 Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned despite making any reasonable adjustments we can make, we will not confirm your booking or if you did not give us full details at the time of booking, we will be entitled to cancel your booking and treat this as a cancellation by you under clause 7.
3.7 Special Requests for adjacent adapted or non-smoking rooms / staterooms / suites, etc. or any other special requests should be made at the time of booking. Whilst we make every effort to facilitate a special request, we cannot guarantee that we will be able to, and such requests do not form part of your contract with us. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part. We do not accept bookings that are conditional upon any special request being met.
3.8 IInfants (children aged under 2 on return) Please note that carriage of infants by sea is subject to the Carrier’s conditions of carriage, are expressly incorporated into this contract, copies of which are available upon request. For the purposes of this contract the Carrier at sea shall be the cruise supplier.
Panache Cruises Inc operates a trust account. This gives you reassurance that when booking with Panache Cruises the monies you pay to Panache Cruises will be secure in the unlikely event of our insolvency.
5.1 When you make your booking you must pay a non-refundable deposit the amount of the non-refundable deposit will be notified to you at the time of booking.
5.2 If your booking has been made using a “Low Deposit “promotion, the due date for the balance of your low deposit will be advised at the time of booking.
5.3 When your balance is due is dependent on your cruise line/Supplier. Panache Cruises will collect your balance 4 weeks prior to your supplier requiring payment to allow us time to process the payment. If the remainder of the deposit and/or balance are not paid in time, we reserve the right to cancel your travel arrangements. If the balance is not paid in time and we choose to cancel your travel arrangements, we shall retain all monies paid and the cancellation charges in clause 7 below will apply. All reservations made less than 20 weeks prior to departure require full payment at the time of booking. Some promotional offers require an early payment or full payment at the time of booking which will be advised on your booking confirmation.
5.4 Payment may be made by any of the following methods:
We accept American Express, however there is a limit of $2,500 per booking.
You agree to make payment of all sums payable under these terms in time to ensure that we have received payment in full in cleared funds by the relevant due date.
6.1 If, after making your booking, you wish to change your travel arrangements in any way, we will do our best to help, this could include but not be limited to name changes, change of departure date and/or airport, change of accommodation or vacation duration. Please note however that whilst we will do our upmost to change the arrangements as requested on your behalf with our suppliers, this may not always be possible. Some suppliers do impose strict restrictions which inhibits the right to make changes. All restrictions and/or charges will be advised at the time of amendment and any costs imposed by our suppliers must be met by you prior to any changes being made. Any request for changes must be in writing from the person who made the booking. You will be asked to pay an administration charge of $50 per person. Whenever requested changes are possible, the total itinerary costs will be recalculated, considering any seasonal flight or occupancy rates, cancellation charges or other supplements and a revised invoice will be issued. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible to request any changes.
6.2 Where we are unable to make any requested changes and you do not wish to proceed with the original booking, we will treat this as a cancellation by you and cancellation fees will apply in accordance with clause 7 below.
6.3 If you choose to deviate from your confirmed itinerary once your vacation has started you do so at your own risk. If you deviate from the itinerary then our local representative will be unable to notify you of any changes to your itinerary and you may miss important aspects of your itinerary including (without limitation) transport to and from your accommodation and the relevant port or airport In these circumstances we will not be liable for any losses or costs which you incur as a result, unless these are due to our improper performance of the contract. Please note that return flights can be automatically cancelled if you are a no show on the outbound flight. Please contact us immediately if you plan to change or fail to make your outbound flight.
7.1 To cancel your travel arrangements you must notify us in writing. Since we incur costs and suffer loss in cancelling your travel arrangements, you will have to pay cancellation charges. Cancellation charges vary based on suppliers, departure dates and promotional offers. Your cost to cancel will be advised at the time of cancellation.
7.2 You are required to pay cancellation charges as imposed by our suppliers, should we manage to recover any monies from our suppliers, we will notify you once received and arrange a refund if applicable.
7.3 All charges will be notified in writing prior to us confirming your cancellation, please note that cancellation charges can increase the closer to departure that the cancellation is made.
7.4 Part cancellations e.g., changing the number of passengers travelling can affect the overall cost for all passengers.
7.5 If the reason for your cancellation is covered under the terms of your personal travel insurance policy, you may be able to reclaim your cancellation charges. We will supply you with a cancellation invoice following the cancellation of your booking.
7.6 You have the right to cancel your confirmed vacation before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your vacation destination or its immediate vicinity and significantly affecting the performance of the vacation or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where The State Department advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, and significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause 6 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation.
7.7 In the event of a cancellation all Panache Cruises discounts and/or gifts will be removed.
8.1 As we plan your travel arrangements many months in advance, we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
8.2 The term “Unavoidable and Extraordinary Circumstances” when used in these booking conditions means a situation beyond the control of a party the consequences of which could not have been avoided even if all reasonable measures had been taken. These can include, (but are not limited to), war, riot, industrial dispute, terrorist activity and its consequences, nature or nuclear disaster, fire, adverse weather conditions, epidemics, and pandemics and/or unavoidable technical problems with transport.
8.3 In the unusual event that we should need to cancel your vacation (other than for failure to pay the final balance by the due date for payment in which case clause 5.3 applies), you will have the choice of accepting an offer of alternative travel arrangements (we will refund any price difference if the alternative is of a lower value), or receiving a full refund of all monies paid. In some cases, we will also pay compensation as follows:
Period before departure in which we notify you
Compensation will not be paid when the cancellation arises due to reasons of Unavoidable and Extraordinary Circumstances (please see the definition of this term at clause 8.2 above). The compensation will be payable for each paying passenger on your booking (excluding infants under 2 years old). The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
8.4 If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
8.5 You must notify us of your choice within the period specified in our notice. If you fail to do so we are entitled to assume that you have not accepted the alternative travel arrangements and will decide to refund the monies paid by you.
9.1 All changes to your booking will be advised to you in writing.
9.2 We will always consider a change to your confirmed itinerary a ‘minor change’ for which no compensation will be payable provided that the departure and arrival dates remain unchanged, and you may disembark the cruise ship as scheduled. Other examples of minor changes include changes of airline carrier or aircraft type, change of accommodation to another of the same or higher standard or changes to the programme or shows or other forms of entertainment on board ship.
9.3 If we make a major change to your vacation, we will inform you as soon as reasonably possible. A major change includes (for example) changing your departure airport, a difference of more than 12 hours in departure times, a change in your cruise ship, resort area or an offer of a lower classification cabin or hotel accommodation.
9.4 If we make a major change to your vacation, you will have the choice of either accepting the change of arrangements or accepting an offer of alternative travel arrangements if available, (in either case with an appropriate price reduction if the change of arrangements or alternative travel arrangements are of a lower value), or cancelling your vacation (and not accepting a substitute vacation) and receiving a full refund of all monies paid. In some cases, you will also be entitled to compensation (see clause 10.5 below). These options don’t apply for minor changes.
9.5 If you fail to notify us of your choice of arrangements within the required time, we will be entitled to assume that you have chosen to terminate the contract and provide you with a full refund.
10.1 If, whilst you are on vacation, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. We will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employees, or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees, or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance if the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
11.1 If you are forced to return home early and this is not due to (a) our failure to perform the contract or (b) Unavoidable and Extraordinary Circumstances occurring at the place of destination or its immediate vicinity and which significantly affects the performance of the package or your carriage to your destination, we cannot refund the cost of any services you have not used, or assist you with any associated costs you may incur, but you may be covered by your travel insurance. Depending on the circumstances, your travel insurance may offer cover for curtailment, and we suggest that any claim is made directly with them.
12.1 We are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We can confirm the carrier as detailed on the confirmation invoice. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change for the purposes of clause 9 above.
12.2 As between you and any airline, the airline’s standard conditions of carriage will apply which may limit the airline’s liability to you in certain circumstances. Airlines rescheduling, flight timings and aircraft are subject to such matters as regulatory control, maintenance requirements, weather conditions and the ability of passengers to check in on time. Please note that a flight described as “direct” will not necessarily be non-stop. All departure/arrival times are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements, and the requirement for passengers to check in on time. We cannot be held liable if there is any change to a departure/ arrival time previously given to you or shown on your ticket. It is for this reason that all clients are required to reconfirm their flights, with the airline, 72 hours prior to departure. We are also unable to make any special arrangements for the client if the client is delayed; these matters are in the sole discretion of the airline concerned. When you receive your tickets and travel documents you should check them carefully as times may have changed since you made your booking. You should also check for any errors. The information on the ticket is deemed correct unless we are advised by you of any errors within 72 hours of receipt. You must check in at least three hours before the stated departure time. We will not be liable for any costs you have to pay if you fail to meet this deadline.
13.1 Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) control.
13.2 Cruise Ships shall also be at liberty to deviate from the advertised route and to call (or omit to call) at any port or place to tow and assist vessels and to offer or render assistance to preserve life or property or for any other reason or purpose which in the judgment of the Master of the ship (whether alone or acting on advice from others) is reasonable including, but not limited to, weather conditions, operational matters, the medical condition of anyone on board or the safety, comfort or convenience of guests. Such deviation shall not give rise to any liability on our part and shall not represent a significant change to your vacation.
14.1 We require that you take out a policy of insurance to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; pre-existing medical conditions; and other expenses. You agree to confirm to us in writing when requested the name of your insurance company and your policy number. If you fail to provide this information, we will be unable to send out your travel ticket and you will be unable to travel. We will be unable to refund any of the monies paid by you as per the cancellation clause 7.
14.2 It is your responsibility to ensure that any insurance you purchase is adequate as some policies are restricted and do not cover cruise vacations.
14.3 Please check your policy carefully to ensure that all the details are correct, and that all relevant information has been provided by you (e.g. pre-existing medical conditions) and take the policy documents with you on vacation. Failure to disclose relevant information will affect your insurance.
14.4 Some cruise lines / airlines will deny boarding if you are unable to produce an adequate personal travel insurance documents.
15.1 Excursions, activities and/or other tours that you may choose to book or pay for whilst you are on vacation are not part of your vacation package provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
16.1 Please note that the star rating applied to any aspect of your travel arrangements is the star rating we have applied following liaison with local suppliers, it is not an official rating. If you have any concerns regarding the star rating applied to any aspect of your travel arrangements, please notify us of your concerns as soon as possible and ideally whilst in resort.
17.1 All guests are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our reasonable opinion or in the reasonable opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger, or annoyance to any of our other guests or any third party or damage to property, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made, and we will not pay any expenses or costs incurred because of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions, and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the accommodation manager or other supplier prior to departure from the accommodation. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
18.1 It is your responsibility to check and fulfil the passport, visa, health, and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure.
18.2 Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
18.3 Up to date travel advice can be obtained from here for international travel https://travel.state.gov/ and here for domestic travel https://www.tsa.gov/travel/security-screening/identification. You should check the information relating to the country/countries you are travelling to at the time of booking. Should you need to cancel due to not being able to acquire the correct documentation, it will be deemed as a cancellation by you as per clause 7.
18.4 We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur because of your failure to comply with any passport, visa, immigration requirements or health formalities.
19.1 In order to process your booking and to ensure that your travel arrangements can be properly performed we need to collect certain personal details from you. These will include, where applicable, the names and addresses of your party members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen Vacation arrangements and any dietary restrictions which may disclose your religious beliefs. The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.
20.1 As organiser of your vacation, we are liable to you for the performance of the travel services included in your package travel contract. Any lack of conformity that you perceive must be notified to us and we must remedy the lack of conformity unless it is impossible or entails disproportionate costs considering the extent of lack of conformity and the value of travel services affected.
20.2 If we are unable to provide a significant proportion of the travel services included in your contract, we will offer at no extra cost to your suitable alternative arrangements of, where possible, equivalent, or higher quality than those specified in the contract for the continuation of the package. We will give you a price reduction if this results in a package of lower quality than the original booking. You are only entitled to reject alternative arrangements if they are not comparable to the arrangements agreed in the package travel contract or the price reduction granted is inadequate. If you reject the alternative arrangements due to these reasons (or we are unable to make alternative arrangements) you are entitled to a price reduction, or compensation for damages, or both in accordance with clause 9 without terminating the package travel contract.
20.3 Where the lack of conformity substantially affects the performance of the package and we fail to remedy the lack of conformity within a reasonable period, you may terminate the package travel contract without paying a cancellation fee and, where appropriate, are entitled to a price reduction, or compensation for damages, or both in accordance with clause 8.
20.4 If we are unable to ensure your return due to Unavoidable and Extraordinary Circumstances, we must bear the cost of necessary accommodation, if possible, of equivalent category, for a period not exceeding 3 nights per traveller. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, if you notified us of these needs at least 48 hours before the start of your Vacation.
20.5 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost, or other claim of any description if it results from:
20.6 We limit the amount of compensation we may have to pay you if we are found liable under this clause:
Loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
Claims not falling under (a) above and which don’t involve injury, illness, or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong, and you or your party has not received any benefit at all from your booking.
20.7 The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
If you have a problem during your vacation, it is of the utmost importance that you immediately bring it to the attention of the relevant person (for example the resort representative, hotel manager or transport agent) who will do their best to put things right. If your complaint is not resolved locally, you should contact us on (+1 (512) 2409259) to advise us of the problem so that we may endeavour to resolve it. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as any resort representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort, and this may affect your rights under this contract.
However, should a problem remain unresolved, a complaint should be made in writing within 28 days of your return home to: Panache Cruises [email protected] . Please include your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.