1. Conclusion of a travel contract and booking for co-travelers

Transcription

1 Travelconditions Edition L.V. 01 / TUI Cruises GmbH is executing travels on basis the following conditions. The headers in these conditions are for the purpose of a better overview only, but in no way binding for the contents or the interpretation of the conditions. 1. Conclusion of a travel contract and booking for co-travelers a) With the booking, the customer is offering firmly to TUI Cruises to conclude a travel contract. This may be in written form, verbally, by telephone or electronically ( , internet). b) The booking is done by the registering customer also on behalf of all co-travelers that are mentioned in the booking. The registering customer declares explicitly, that he/she is liable for the contractual liability of all mentioned co-travelers. c) Bookings that are done via Internet are only valid after a written travel-confirmation by TUI Cruises (either by or mail). The electronic confirmation of receipt of the mailed booking does not represent an acceptance of the travel contract. d) If the confirmation of TUI Cruises differs from the contents of the booking of the customer, it represents a new offer from TUI Cruises to which TUI Cruises is bound for 10 days after its receipt at the customer. The travel contract on basis of the new offer comes into effect, when the customer is accepting it either expressly or implied (by paying a down-payment or the total travel price). 2. Executing airline / Community List TUI Cruises will inform the customers about the identity of the executing airline(s) of all air transportation services in relation of the travel. If the executing airline(s) is/are not yet fixed at the time of the booking, TUI Cruises will inform the customer about the executing airline(s) as soon as known, but not later than at the time of the dispatch of the detailed travel information of the booked travel. If the initially announced executing airline changes, TUI Cruises will inform the customer about such change immediately. The Community List of airlines, which may not operate within the EU can be found in the internet under or under 3. Payment a) To secure the travel fees of the customers, TUI Cruises cared for an insolvency insurance at the Reisepreis-Sicherungsverein VVaG (DRS). A coverage certificate ( Sicherungsschein ) will be part of the booking confirmation. b) The payment of the travel fees can be done directly to the account of TUI Cruises by credit card or direct debiting system (the latter applies for the SEPA zone only). If not otherwise agreed with TUI Cruises, payments effected to an intermediate travel agency do not constitute discharge of obligations. For credit card payments

2 a transaction fee of 1% of the travel fee will apply. This does not apply for payments by direct debiting system or with either the TUI Card or the GuteReise Card. For direct debiting payments via SEPA Direct Debit SDD (for bookings with a commencement date from ) TUI Cruises does need (if applicable via the travel agency) a so-called mandate which allows to strain the bank giro account of the customer with the amount(s) to be paid (advance and final payment). The mandate is part of the booking confirmation. For the pre-notification a deadline of 5 days before due date applies. c) After conclusion of the contract and receipt of the Sicherungsschein acc. to 651k German Civil Code (BGB) (see a) the individual down-payment for each traveler will be due, which in case of the price-category Wohlfühlpreis will be 25% and in case of Flex-Preis 35%, which then will be deducted from the total travel fee due. The balance payment will be due at the latest 35 days before the start of the travel, and when the Sicherungsschein has been provided. For bookings that are done less than 35 days before start of the travel, the total travel fee is due immediately. TUI Cruises will send the travel documents after receipt of the balance payment (at the earliest 3 weeks prior the travel date) and when the passport dates of all travellers where received (passenger manifest data). From 14 days before start of the travel the payment of travel fees is possible via credit card or immediate money transfer only. d) If the customer fails to meet any of the payment obligations despite of a reminder with an extension period, TUI Cruises is entitled to withdraw from the travel contract and to invoice the agreed cancellation fees as per Art. 7. The customer s right to prove lower or not incurred costs remains unaffected. Potential fees for return debit notes have to be borne by the customer. 4. Services and Prices a) The performance obligation of TUI Cruises is exclusively defined in the booking confirmation in conjunction with the actual valid catalogue or the travel description including all information and explanation therein. In case of contradictions, the booking confirmation is overriding. Departure taxes are not included in the travel fee. They have to be borne by the customer directly on the spot. In case of relevant and justifiable reasons, TUI Cruises reserves the right to amend contents of the catalog and travel descriptions prior the conclusion of the travel contract, about which, as a matter of course, the customer will be informed. b) Intermediaries (e.g. travel agencies) and service providers (e.g. hotels, transportation companies) are not authorized by TUI Cruises to make any agreements, give information or make any assurances that involve modification to the content of the travel contract agreed upon, that extend beyond the services TUI Cruises has pledged to provide in the contract, or that contradict the travel description. c) For all price reductions that are related to the age of the traveller (e.g. children s discount) the age at the start of the travel is decisive. d) Children that turn two years old during the travel need their own seat on the way to and from the travel, which means in this case the age at the end of the travel is decisive.

3 5. Changes in Services a) Changes in travel services from the contractually agreed content of the travel contract, which become necessary after conclusion of the contract and have not been caused by TUI Cruises contrary to good faith (e.g. special factors related with shipping), are permitted if they are not material, do not lead to a material alteration of the travel services and do not detract from the overall travel package. to the same applies for changes to the itineraries or routes (especially due to weather or security reasons), for which solely the Master/Captain of the vessel is responsible. To the extent that the modified services are defective, any warranty claims remain unaffected. TUI Cruises is obliged to notify the customer of any material changes to the services, without undue delay. b) In the event of material changes to an essential travel service, the customer is entitled to cancel the holiday contract without charge. The customer is obliged to claim his right immediately after receipt of the notification of change. c) Additional fees that occur due to quarantine that is beyond TUI Cruises control have to be borne respectively reimbursed by the customer. 6. Price Increase In the event that there is an increase in the costs of carriage or of the charges for certain services, such as seaport or airport charges or air traffic fees, or a change in the exchange rates applicable to the relevant travel, TUI Cruises reserves the right to adjust the agreed fare in the travel contract in accordance with the provisions below as follows: a) If the costs of carriage assumed at the signing of the travel contract have increased (especially if the service providers claim higher fuel costs), TUI Cruises shall be entitled to increase the travel price in accordance with the calculation below: n Where an increase is applied per seat and/or per bed, TUI Cruises may request that the customer pays the amount of such increase. n In all other cases, the additional costs of carriage charged by the carrier per each carriage will be divided by the number of seats of the relevant carriage. TUI Cruises may request that the customer pays the resulting increase per seat. b) Where the applicable charges have been increased since the time of entering into the travel contract (such as seaport or airport charges, or air traffic fees), resulting in higher costs on the part of TUI Cruises, TUI Cruises may increase the price for the travel by the relevant amount. c) Where the exchange rates applicable at the time of entering into the travel contract have changed, TUI Cruises may increase the price for the travel in line with the additional costs resulting from any such change. d) Any such increase in accordance with the preceding Art.6 is only permitted if the period between the conclusion of the contract and the agreed departure date is more than four (4) months and the circumstances giving rise to the increase had not yet been present at the time of entering into the contract and were not foreseeable by TUI Cruises at that time.

4 e) In the event of a retroactive change of the travel price, TUI Cruises is obliged to inform the customer without delay. Price increases are only permitted up until the 21st day before start of the travel received by the customer. If the price increases by more than 5% the customer is entitled to cancel the travel contract without charge or ask in writing to participate in another at least equivalent travel, provided that TUI Cruises is in position to offer such a travel from its range of offers at no extra cost. The customer must exercise this claim vis-à-vis TUI Cruises without delay after receiving the notice of the price increase from TUI Cruises. 7. Cancellation of the customer a) The customer may cancel the travel contract at any time prior to departure. It is recommended that the customer declares the cancellation in writing. The declaration to cancel is valid from the day that it is received by TUI Cruises. b) If the customer cancels, following lump sum fees per person will be due as a compensation for travel arrangements and expenses Travel Cancellation Price categories Wohlfühlpreis Flex-Preis Up to 50 days prior start of travel 25 % 35 % Up to 49 days to 30 days prior start of travel 30 % 45 % Up to 29 days to 24 days prior start of travel 40 % 60 % Up to 23 days to 17 days prior start of travel 60 % 80 % Up to 16 days to 1 day prior start of travel 80 % 90 % Non-appearance * 95 % 95 % * Same applies for cancellation on departure day of the travel For bookings that include scheduled flights following additional lump sum cancellation fees apply for the flight package (per person): from the 49th to 30th day prior start of travel 50%, from the 29th day before start of the travel 75%, no show, cancellation on the day of start of travel and retroactive cancellations 95%. In case of partial cancellation by one customer of a cabin with multiple occupancy the cancellation costs acc. to the table apply, however at least a lump sum of 60%. Additionally TUI Cruises reserves the right to change the cabin, if the partial cancellation concerns a cabin for 3 or 4 persons. A partial cancellation of travel package for arrival / departure to and from the vessel alone is not possible. c) The customer has the right to prove to TUI Cruises that no costs incurred or that they were much lower than the lump sum fees applied. d) The premiums for travel insurances that were arranged by TUI Cruises have to be borne by the customer in whole.

5 8. Rebooking, Substitute Person a) After conclusion of the contract the customer is not entitled to change travel services e.g. the date of travel, the place of departure or the destination, the accommodation or types of catering, the cabin or the transportation mode (rebooking). Rebookings that the customer does at the latest 50 days prior to the date of departure and where the date of departure, the vessel and overall type of the cruise is maintained (especially the duration of the cruise) will be considered with a surcharge by TUI Cruises as follows: n for rebookings booked on basis the TUI Cruises Wohlfühlpreis (also for changes of the departure airport) no surcharges apply (price guarantee). On this basis the rebooking of the date of travel and the vessel is possible once. n for rebookings with the same departure date and within the same category but with a change from the basis TUI Cruises Wohlfühlpreis to TUI Cruises Flex-Preis no surcharges apply (price guarantee) n or rebookings with the same departure date on basis Flex Preis (also for changes of the departure airport) to the basis Wohlfühlpreis 150 per person for the 1st and 2nd person in the cabin will apply. When the rebooking leads to an increase of the travel price (e.g. by booking a higher category cabin), the rebooking is free of charge. All other changes, especially changes in travel dates or rebooking requests that TUI Cruises receives later than 50 days before the start of the travel, a cancellation subject to charges acc. to Art. 7 is necessary (cancellation of the customer) and a new booking can be done. b) Until the start of the travel the customer may appoint a third party to assume his/ her rights and duties, which requires a notice to TUI Cruises. TUI Cruises has the right to oppose to such third party if the person does not satisfy the travel requirements or the participation opposes to statutory provisions or regulatory actions. For such change of travel participants (change of name, substitute person) TUI Cruises will charge additionally to those costs that might arise by the change (by e.g. airline) administration costs of 30 per person. The customer s right to prove that due to the appointment of a substitute person much lower or no costs incurred remains unaffected. The initially registered passenger and the substitute person are jointly liable for the travel costs and for additional costs that have incurred due the appointment of the substitute person. 9. Rescission and Cancellation by TUI Cruises In following cases TUI Cruises has the right to partially or fully rescind from the contract before the start of the travel or cancel the travel contract after it began, when according to the judgment of the captain/master the customer n is depending on accompanying persons, but travels alone, n is in such psychological or physical condition, which makes the customer unable to travel or which puts him/herself or other customers aboard at risk, n has booked with wrong information provided n carries weapons or other dangerous objects, drugs or alcoholic beverages for the consumption during the travel n disturbs the travel despite a warning with period or reacts continually contrary to the contract in such way, that an immediate cancellation of the contract is justifiable.

6 In such case the customer can be excluded from the travel. TUI Cruises shall retain its right to claim payment of the cruise fare; any expenses saved and any financial advantages will be deducted from the amount claimed. Any extra costs for the return journey shall be paid by the customer. 10. Warranty, Cancellation of the Customer a) If the travel provided differs from that agreed upon in the travel contract, the customer may seek redress. The customer is obliged to claim any possible deficiencies with the local representative appointed by TUI Cruises and seek redress. If the customer is culpably omitting to do so, any reduction in the travel price will not be granted. The tour guide, the local representative and the local service-providers are not authorized to recognize any claims as being valid. b) In case of loss of or damage to baggage the transportation company has to be informed immediately. This applies especially for the loss of flight baggage. The transportation company is obliged to provide a written confirmation. Without notification of the loss the customer might lose his/her right to claim. c) TUI Cruises can refuse redress if it requires an unreasonable effort. TUI Cruises can also redress the deficiency by providing equal services, e.g. chose another airline or another vessel or to reroute. d) If the cruise is materially impaired and TUI Cruises fails to remedy the defect within a reasonable deadline, then the customer may within the legal regulations - terminate the travel contract (for the reason of securing evidence advisably in written form). e) The same applies, when the travel is not reasonable for the customer due to good cause that is obvious to TUI Cruises. A deadline for remedial action is set, except that remedy is impossible or refused by TUI Cruises or their representative and if the immediate termination of contract is justified by special interest of the customer. 11. Limitation of Liability a) The contractual liability of TUI Cruises for damage other than loss of life, bodily injury or injury to health (also the liability for breach of duties prior, after or during the Travel Agreement) shall be limited in total to three times the travel fees insofar as n the damage was caused neither intentionally nor grossly negligently by TUI Cruises or n TUI Cruises is responsible for a damage to a customer solely due to the fault of a service provider engaged by TUI Cruises Claims possibly going beyond that based on international conventions are not affected by aforesaid limitation of liability. b) If the TUI Cruises assumes a position of a contractual ship-owner, then its liability shall be regulated by the provisions of the applicable international conventions or on such legal provisions based on these (e.g. German Commercial Code (Handelsgesetz buch) and the regulations of the German Inland Shipping Law).

7 c) If the TUI Cruises assumes the position of a contractual air carrier, then its liability shall be regulated by the provisions of the German Air traffic Act (Luftverkehrsgesetz), the Warsaw convention as amended by the Hague Protocol or other protocols, or particularly to the Montreal Convention, depending on which provisions may apply. d) TUI Cruises is not liable for damage to or loss of personal belongings (e.g. camera or video equipment, clothing, valuables) by theft, other loss or extreme exposure outside the vessel, unless the damage or loss are due to intend or gross negligence of TUI Cruises. Also during the storage and transport during the shore excursions or transfers with provided vehicles any liability is excluded, unless the intentional or gross negligent behavior of TUI Cruises led to the damage or loss. For the loss or damage of cabin baggage TUI Cruises assumes liability on the legal provision of the German Commercial Code (Handelsgesetzbuch). 12. Exclusion of liability, Limitation Period, Assignment a) Any claims due to failure to perform the travel in accordance with the contract must be asserted by the customer against TUI Cruises within one month of the contractually scheduled end of the voyage. After such period the customer can only claim, when the customer was unable to meet this deadline through no fault of his/ her own. This does not, however, apply in respect of the time limit for lodging claims for damage to baggage, late delivery of baggage or loss of baggage in relation to air travel. These types of claims must be filed within 7 days of baggage check-in in the case of lost or damaged baggage and and in case of late delivery of baggage within 21 days after the delayed receipt of the baggage. b) Claims by the customer pursuant to 651c to 651f German Civil Code (BGB) for death, for personal injury or injury to health based on breach of duty of TUI Cruises, their representatives or agents due to intentional or gross negligent behavior are subject to a two year period. This also applies for liability claims for other damages based on gross negligent breach of duty of the tour operator or based on intentional or gross negligent breach of duty of a legal representative or agent of the tour operator. All other claims pursuant to 651c to 651f German Civil Code BGB are subject to a one year period. c) The limitation period commences on the date of the contractually end of the travel under the contract. d) Tort claims are subject to a three year period. e) If there are proceedings of claims or claims of motivated circumstances ongoing, the limitation period is inhibited until the customer or TUI Cruises refuse to continue the negotiations. The statute of limitation is then applying 3 months after the inhibition at the earliest. f) The travel agency is acting as intermediary for the conclusion of the travel contract only. It is not entitled to accept or receive warranty or liability claims of customers after the end of the travel. g) Without TUI Cruises consent customers can neither in full nor partially assign their legal claims or rights to third parties. This does not apply for co-travelling family members.

8 13. Passport, Visa and Health regulations a) Customers shall observe all laws, enactments, instructions and travel regulations of the countries and ports affected during and by the voyage and all rules and instructions issued by TUI Cruises and their agents. b) Before the booking of the travel TUI Cruises will inform German citizens without special conditions (e.g. dual nationality, statelessness, certain former registrations in the passport, status of refugee etc.) about the regulations in respect of Passport, Visa and Health regulations and about changes if any before the start of the travel. EU citizens and citizens of other states may please turn to their respective consulates. c) The customer is obliged to apply for and carry all necessary travel documents (e.g. Visa, vaccination certificates) to care for necessary vaccinations and to apply with all customs and exchange regulation by him/herself, unless TUI Cruises expressly assumed liability for providing certain Visa, certificates etc.. Any disadvantages, especially the costs for cancellation, as well as fines, penalties or other expenses, which result from the non compliance of such regulation are at the customer s expense, unless they are a result of TUI Cruises culpable wrong or failure to inform. The customer is obliged to reimburse any costs that were payed or deposited by TUI Cruises immediately. 14. Defence and Limitations of Liability for Employees and authorized Representatives If a claim is made against an employee or authorized representative of TUI Cruises for a loss or damage that has occurred in relation to carriage, the employee or representative concerned shall have the right to invoke the defence and limitations of liability available to TUI Cruises under these Terms and Conditions of Travel, provided that he/she can prove that he/she was acting in the discharge of his/her duties. 15. Data Protection Personal data that customers provide TUI Cruises with are administered electronically and are used to such extend necessary to execute the contract. For your own safety some of the public areas onboard the vessels of the Mein Schiff fleet are video monitored. Furthermore we would like to inform you in writing about actual offers unless it is obvious that you do not wish so. If you do not wish to receive such information, kindly turn to our department Datenschutz under the below mentioned postal address. Service providers outside the EU respectively the EWR (so called third countries not providing an adequate level of data protection) that TUI Cruises engages to administer the personal data of the customers are bound to secure your data according to the EU Standard Contractual Clauses. 16. Recommendation for expectant Mothers and Babies For safety reasons and due to the limited medical care onboard the vessels, we highly recommend expectant mothers in the week 24 of pregnancy or later and babies up to an age of 12 months not to participate a cruise. On the transatlantic passages and the cruise around West Europe we highly recommend not to take along babies younger than 12 months, due to many consecutive days at sea.

9 17. Place of Jurisdiction & General Issues German law shall apply. The place of jurisdiction for registered traders, for persons who do not have a place of jurisdiction in Germany and for persons, whose permanent or habitual place of residence is unknown on the date when legal proceedings are filed and for litigation as a defendant is Hamburg. This shall not apply when international agreements provide for something else in an internationally binding way.