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Agents Terms and Conditins

This confirms the terms and conditions of your agreement with eWaterways Cruises Limited (Company registration number 06904060 ("eWaterways") to be a Retail Agent ("ETAP Agent") for selling the products of eWaterways ("Products") available on the eWaterways Travel Agent Portal ("ETAP") to your customers in return for a commission ("Agreement").

In this Agreement, "we", "us" and "our" mean eWaterways and "you", "your" and "yours" mean the ETAP Agent.

  1. 1. You must be registered on the ETAP (http://agents.ewaterways.com - or http://agents.ewaterways.com.au or http://agents.ewaterways.co.uk ) with your local VAT/ TAX registration number or agent license number/ IATA number in order to make bookings on the ETAP or via our Call Centers ("Bookings"). Your acceptance as an ETAP Agent is at our sole discretion and is subject to us conducting checks on your financial and credit status.

  2. 2. Our acceptance of your application to become an ETAP Agent means (a) you will be issued with a booking ID and password; and (b) you will be authorized to make on-line bookings of Products for your customers through the ETAP or via our Call Centers

  3. 3. We will make available to you both graphic and textual ETAP links ("Links") for display on your computer desktop. The Links will link you to the ETAP search and book facilities.

  4. 4. You will not misrepresent the relationship between you and us nor create the impression that your customers are our customers. eWaterways supplies Cruise, transportation and other travel services which we represent for third party suppliers. As such we are not liable for personal injury, illness, property damage or any other loss (direct or indirect) or expense arising out of actions of Ship owners, transportation companies or other suppliers providing services reserved through us.

5. PRICES & PAYMENT

5.1 We reserve the right to change prices offered on the ETAP at any time but this will not affect the price of any Bookings that have already been confirmed provided the booking have been paid in full. If only a deposit have been paid, then the final payment may be impacted by currency exchange fluctuations. The prices on the ETAP are shown in the currency selected and displayed with rates of exchange calculated by us on a daily basis. Prices may therefore differ on a daily basis to reflect any movement in exchange rate levels. When a Booking is made the exchange rate will be fixed at the time the booking is created and will apply to any amendments or cancellations to items within the booking at that time.

5.2 Bookings for cruise arrangements made 90 days or less in advance must be paid for on-line or through our Call Centre and in full by credit or debit card, or bank transfer at the time of booking. This also applies to any additional charges for amendments made to bookings within 90 days of travel.

5.3 Bookings for travel arrangements made 91 days or more in advance may be paid for either a) on-line at the time of booking by credit or debit card; or b) on-line at any time not less than 91 days in advance of the date of the first service by credit or debit card; or c) by bank transfer; or d) by agency cheque made payable to the name specified in Schedule 1 and sent, to be received by us no less than 91 days in advance, to the address specified in Schedule 1.

5.4 In all cases, if payment is not received by 85 days before the date of the first service, we will assume that the Booking is no longer required and we will cancel the Booking. Deposit Payments made on-line by credit or debit card must be made in full (i.e. the gross amount) and through self-billing you will receive your commission in accordance with clause 7 below. Deposit payments by cheque must be made in full and final Payments by cheque must be made net of commission. Cheques will only be accepted when drawn on a US or United Kingdom bank, in the currency of the booking and sent to us with the name of your agency and our Booking ID attached for all bookings being settled with that payment. Bookings from agents outside the United Kingdom or The US with no US or United Kingdom bank account, and not paid by credit card or debit card, cannot be settled by cheque and must be settled by bank transfer. Deposit Payments by bank transfer must be made in full,- all charges to be covered by the remitter, final payments may be made net of commission due to you and in the currency of the Booking, again all charges must be covered by the remitter . If you are to pay by bank transfer, you must e-mail the eWaterways Payments department (as specified in Schedule 1) to advise that a transfer is being made, stating both your agency ID and the booking references to which the payment applies. Payment must be made to the relevant bank account as detailed in Schedule 1.

6. Making Bookings

6.1 For items shown as "Available" on the ETAP you will usually receive an email confirming the booking within two minutes, sent to the email address that you provided to us when you signed on.

6.2 For items showing as "On Request" we will contact the supplier on your behalf and respond to you within 48 hours advising if the items have been confirmed or not. In the event that you have entered credit or debit card details at the time of placing the booking, payment will be processed, if a confirmation is not possible a refund will be issued immediately.

6.3 In the event that we are unable to confirm the initial product requested, an alternative may be offered and an email will be sent to inform you of the details and what action to take if you wish to accept the alternative suggestion. No payment will be processed unless you accept the alternative.

6.4 When the items have been confirmed and final payment has been received, you will receive the vouchers for your customer. The vouchers must be presented at the reception at the time of check in, or to the service provider, as evidence that the services have been booked and paid for in advance. Failure to present the voucher may result in your customers being charged again (at the full service providers published rates) or the service not being provided.

6.5 Special Events. Bookings made for Special Event Periods (as defined in the Booking Conditions) may incur special booking conditions. You will be notified if these conditions apply, at the time of booking: conditions that might apply include 100% cancellation charges and that no refunds are available for those specific dates. Therefore, full payment must always be made by credit or debit card, on line at the time of booking for Special Event Periods.

6.6 Except for Direct Debit customers (see Clause 6.7 below), if payment is not received 8 days before the date of the first service, we will assume that the booking is no longer required and we will cancel the booking. Payments made on-line by credit or debit card must be made in full (i.e. the gross amount) and you will receive commission in accordance with Clause 7 below. Payments by cheque or bank transfer must be made net of agency commission.

6.7 We may, at our sole discretion, invite you to pay by Direct Debit. If you are invited to pay by Direct Debit and wish to take advantage of such an invitation we will require you to complete further documentation.

Once you have been notified that we have set you up with Direct Debit payment you will be sent a statement on the last day of each month detailing the gross price, commission earned, and VAT amounts for all confirmed bookings you have made departing during the next months. Ten days after the statement date we will collect the net amount due from your bank account unless you inform us of any errors before then.

7. COMMISSION AND AGREEMENT

7.1 You will earn a commission at the rate agreed with your account manager on the value of each Booking (excluding sales taxes, debits for fraudulent credit card transactions and refunds) made through the ETAP, and which is consumed i.e. paid for and used ("Commission"). If payment is made via the ETAP by credit or debit card, you may deduct your Commission from the final payment only. The transaction is done on a self billing basis.

By entering your VAT/Tax number or Travel Agents license or IATA number in the registration field and by ticking the acceptance of our Terms and Conditions, You agree:

  1. To issue self-billed invoices for all supplies made to you by eWaterways until the date your contract expires.
  2. To complete self billed invoices showing eWaterways name, address and VAT/TAX registration number together with all the details which constitute a full VAT /TAX Invoice.
  3. To notify eWaterways should you cease to be registered, Transfer your business as a going concern or become registered under another VAT/ TAX or license number.
  4. To complete a new self-billing contract in case your VAT/TAX registration number changes.
  5. To inform eWaterways if the issue of self-billed invoices will be outsourced to a third party.

eWaterways Cruises Limited, agrees:

  1. To accept invoices raised by you on our behalf until the date your contract expires
  2. Not to raise sales invoices for the transactions covered by this agreement
  3. To notify you immediately if we:
  • Change our VAT registration number
  • Cease to be VAT registered; or
  • Sell the business, or part of our business

Each month we will send you an email stating the commission earned or due to you for all bookings that have been consumed in the previous month.

For any bookings made on the Gross sales price (i.e. where you haven't paid the final payment net of commission) Your invoice for your Commission should be sent to the eWaterways Payments Department within 15 days of receipt of our email. We will pay Commission within 30 days of receiving your correct, undisputed invoice. Bookings paid for by direct debit, cheque or bank transfer in accordance with clause 6 will be paid by you net of Commission.

7.2 In consideration of the Commission, you agree that you will use your best endeavors to promote the Products on the ETAP to your customers and encourage them to purchase Products through you.

7.3 Customers who purchase Products through the ETAP will be your customers. All bookings are subject to (a) the Booking Conditions on the ETAP, which must be communicated to customers at the time of booking without reference to eWaterways and (b) acceptance by us in accordance with our policies and operating procedures on the ETAP, current at the time they are made. We may change our policies and operating procedures at any time for any reason including being consistent with applicable laws.

8. REFUNDS

8.1 EWaterways will make a refund for those bookings which have been paid for in full provided those bookings are eligible for refund in accordance with the cancellation and amendment rules specified in the Booking Conditions.

8.2 For those bookings originally paid for by credit or debit card via the ETAP, any refund will automatically process to the original credit or debit card account that was used to pay for the Booking and no other methods of refund will be possible. If the Commission has already been taken by you, only the net amount will be refunded to the credit card. You must refund the difference to your customer according to your agreement.

8.3 Refunds will take between 2-5 working days to be credited to the credit or debit card.

8.4 Bookings not settled by credit card or debit card will be refunded using the same method as the payment.

GENERAL

9. We may modify any of the terms and conditions of this Agreement at any time and in our sole discretion by posting a notice of change and the Agreement as modified on the ETAP. We will notify you by email of the change at least seven days prior to implementation. Your continued usage of the ETAP will constitute binding acceptance by you of the change.

10. This Agreement shall continue until terminated with or without cause by either party giving 30 days written notice to the other party by email. Notice will be sent to the email address supplied in the application unless the parties give notice otherwise. Commission will only be payable on bookings confirmed prior to the date of termination and which are consumed. Any final payment may be withheld for a reasonable time to ensure compliance with the terms and conditions of this Agreement.

11. You warrant that you have obtained the necessary licenses to operate your business as a travel agent in the relevant country and that you comply with all applicable laws and regulations in that country. You agree to indemnify eWaterways for any liability incurred as a result of a breach of this warranty.

12. We make no express or implied warranties or representations with respect to the ETAP or any products sold through the TAP including, without limitation, warranties of fitness, quality, non-infringement, or arising out of a course of dealing, performance, or trade usage. We also make no representation that operation of the TAP will be uninterrupted or error-free, and we will not be liable for any interruptions or errors or their consequences.

13. Excluding claims for death and personal injury arising from our negligence, in no event will we be liable for any damages resulting from loss of data or use, lost profits or anticipated savings, nor for any damages arising as an indirect or secondary consequence of anything done or not done by us whether such damages were reasonably foreseeable or actually foreseen. In addition, our maximum total liability to you for any cause whatsoever with respect to this Agreement and the ETAP will be for direct costs and damages only and will not exceed the total of Commission paid or payable to you under this Agreement during the year preceding the date of your claim.

14. You shall be solely responsible for and hereby indemnify us, our parent company, directors, officers, employees and representatives against any and all claims, actions, demands, liabilities, losses, judgments, settlements, costs, damages, fines and expenses (including reasonable legal fees) in connection with, resulting from or arising out of: (i) your breach of any term, provision, representation, warranty or requirement of this Agreement; and (ii) any negligence or willful misconduct by you, your agents or employees.

15. You may not assign this Agreement to any party without our prior written consent. Subject to this, this Agreement will be binding on and inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Nothing in this Agreement will create any partnership, joint venture or agency between us and you. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. You accept that we may at any time, directly or indirectly, engage in similar arrangements on terms that may differ from those contained in this Agreement and that we may operate websites similar to or which compete with the ETAP.

16. This Agreement will be governed by and construed in accordance with English law and both parties agree to submit to the exclusive jurisdiction of the English courts as regards any claim or matter relating to this Agreement regardless of conflict of law and any other mandatory legal provisions.

By clicking on "Continue" you confirm that you have read this Agreement and agree to be bound by its terms and conditions and in so doing you are not relying on any other representation, guarantee, or statement from us or anyone else.

SCHEDULE 1
PAYMENTS

Cheque payments to be made payable to: eWaterways. Address for cheque payments:

United Kingdom

eWaterways Cruises/Silverpoint Travel
OCA Croxley Business Park
Building 6, Unit 13
Hatters Lane
Watford, WD18 8YH
United Kingdom


United States of America
eWaterways Payments Division
c/o Online Distribution Corporation
eWaterways
119 West 57th Street, Suite 1405
New York, NY 10019
USA

Bank account details for bank transfer payments:

United Kingdom:
Lloyds Bank

Sort Code: 30-12-80
Account Number: 33724168

Account Name. eWaterways Cruises Limited
GBP Payment


United States:
Wells Fargo Bank

Rockefeller Center,
New York,
NY, USA
Account Name: Online Distribution Corporation d/b/a EWATERWAYS
Account Number: 2000030928260
ABA Routing Number: 121000248
Swift Code: WFBIUS6S

USD Payment from WITHIN the USA

Online Distribution Corporation d/b/a
Account No: 2000030928260
Swift Code: WFBIUS6S
ABA Routing Number: 121000248

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Welcome to the eWaterways travel agent portal

The eWaterways travel agent portal has been established to provide travel agents with the tools to help develop the perfect small ship cruise holiday for their clients. Not only will you have access to our huge range of small ship cruise product, you'll also earn generous commission on every booking made and enjoy a range of other benefits. We look forward to having you on board.

 

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