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The following General Terms & Conditions of Travel apply to all cruises and other events which STAR CLIPPERS KREUZFAHRTEN GmbH, Hannover offers as a tour operator.
1. Registration, Tour Confirmation1.1. On making a booking (registering for a tour), the customer makes the tour operator a binding offer to conclude a travel contract. Such offer is based on the tour advertisement and the tour operator’s additional information on the respective trip, insofar as it is available to the customer. The booking may be made in writing, verbally, by telefax, or electronically (email, Internet). When an electronic booking is made, the tour operator immediately confirms receipt of the booking, likewise electronically; this confirmation of receipt does not constitute confirmation of acceptance of the reservation. The travel contract is brought about on receipt of the tour operator’s declaration of acceptance. No specific form is required. On or immediately after contract closure, the tour operator shall send the customer written confirmation of the trip. It is under no obligation to do this if the customer makes the booking less than 7 working days before commencement of travel.
1.2. On making an express and specific statement to this effect, the customer shall assume responsibility for all the contractual obligations of fellow passengers for whom it makes the booking, to the same extent as for its own contractual obligations.
1.3. If the content of the tour operator’s declaration of acceptance differs from the content of the booking, this shall be deemed a new offer by the tour operator by which the latter shall be bound for a period of 10 days. The contract shall be brought about on the basis of this new offer if the customer declares acceptance to the tour operator within said period, either by issuing an express statement to this effect, or by paying a deposit or the outstanding balance.
1.4. If at the customer’s request the travel contract also includes outward and return flights to and from the cruise, and if the customer prefers cheap tickets for these flights at special or economy rates instead of tickets at the normal tariff, separate terms, restrictions and costs always apply as laid down by the respective airline. Before booking, the customer will be informed about this separately and asked for its approval.
2. Payment2.1. Before the end of the trip, the tour operator and travel agencies may only demand or accept payments towards the tour price provided the customer has been issued with a guarantee certificate. After contract closure and in return for delivery of the guarantee certificate, a deposit of 20% of the tour price falls due. As a rule, the outstanding balance falls due for payment 4 weeks before commencement of travel, provided the guarantee certificate has been handed over and the tour is conducted as booked and can no longer be cancelled for the reason specified in Item 7.1 below. The travel documents are sent when payment has been received in full in the tour operator’s bank account.
2.2. If, in the case of a booking made at short notice, payment of the tour price is only made a few days before the departure date, the paying-in slip confirmed by the bank must be presented by the customer on commencement of travel.
2.3. If the customer fails to observe the agreed payment dates for the deposit and/or outstanding balance, the tour operator after issuing a warning letter and setting a deadline shall be entitled to withdraw from the travel contract and charge the customer cancellation fees in accordance with Item 6.1 below.
3. Services, Prices, Content of the Travel Contract3.1. The services and prices which have been contractually agreed can be gathered from the specifications of performance given in the tour brochure that have been declared the basis for the contractual agreement, and from the particulars given in the tour confirmation referring thereto. The tour operator is bound by the specifications given in the brochure; however, the tour operator expressly reserves the right to declare an alteration to the specifications contained in the brochure, which the customer will be informed about before booking.
3.2. In the event of the customer failing to avail itself of travel services that were duly offered, for reasons for which it is itself responsible, it shall have no entitlement to a pro rata refund of the tour price. The tour operator shall endeavour to get the unexpended costs refunded by the service providers. This obligation does not apply if the services are quite immaterial, or if refunding conflicts with statutory or official regulations. The tour operator is entitled to retain 20% of the refunded amount to compensate for its time and cost.
3.3. Intermediary agents (e.g. travel agencies) and service providers (e.g. shipping lines, hotels, carriers) are not authorised by the tour operator to reach agreements, provide information or make any commitments which alter the agreed content of the travel contract, extend the tour operator’s services as pledged by contract, or conflict with the tour advertisement.
3.4. Local leaflets and hotel brochures that are not issued by the tour operator are not binding for the tour operator and its obligation to perform, unless in an express agreement reached with the customer they have been declared the object of the tour advertisement or an integral part of the tour operator’s obligation to perform.
4. Passport & Visa Requirements, Health Regulations4.1. Before contract closure, the tour operator shall inform citizens of an EU Member State where the tour is advertised about the passport and visa requirements and health regulations, and announce any changes made prior to commencement of travel. Citizens of other countries can obtain information from their nearest consulate. It is assumed here that the customer and any fellow passengers are not affected by special circumstances (e.g. dual nationality, stateless person).
4.2. Each customer is itself responsible for obtaining and carrying the necessary travel documents, for getting any vaccinations needed, and for complying with customs and exchange regulations. Any disadvantages resulting from non-compliance with any regulations, e.g. payment of cancellation fees, shall be entirely at the customer’s own expense. This does not apply if the tour operator has not furnished information or has provided insufficient or incorrect information.
4.3. If the customer requests the tour operator to obtain any visas required, the tour operator shall not be liable for them being issued by the respective diplomatic mission and received in good time, unless the tour operator has culpably breached its own duties.
5. Changes to Services, Price Increases5.1. Modifications altering material travel services from the agreed content of the travel contract, which become necessary subsequent to contract closure and which have not been induced by the tour operator in breach of good faith, are only permitted provided they are not substantial and are not detrimental to the overall character of the tour booked. Any warranty claims shall remain unaffected if the modified services are flawed. The tour operator is under obligation to immediately notify the customer about any major alteration to travel services on gaining knowledge of the reason for them.
5.2. If there is any increase in transport costs or in levies for certain services, such as port and airport taxes, the tour operator reserves the right to increase the tour price agreed in the travel contract accordingly, as follows:
5.2.1. If there is any increase in the levies charged to the tour operator that apply on the date of contract closure, such as port or airport taxes, the tour price may be increased by the corresponding pro rata amount.
5.2.2. If there is any increase in the transport costs applying on the date of contract closure, in particular fuel costs, the tour operator may increase the tour price in accordance with the following calculation:
• If an increase is made per seat or berth, the tour operator may charge the customer the amount of such increase.
• Otherwise, the extra transport costs which the carrier charges for each means of transport may be divided by the number of seats on the agreed means of transport; the tour operator may charge the customer the increase per seat thus calculated.
5.3. Any increase pursuant to Items 5.2.1 and 5.2.2 above is only permissible provided more than 4 months have lapsed between the date of contract closure and the agreed date of travel, and provided the circumstances resulting in the increase had not occurred prior to contract closure and could not be foreseen by the tour operator at the time of contract closure. A subsequent increase of the type specified in Items 5.2, 5.2.1 and 5.2.2 above is only permissible provided more than 4 months have lapsed between the date of contract closure and the agreed date of travel.
5.4. In the event of any subsequent alteration being made to the tour price or to a material travel service, the tour operator must inform the customer accordingly straightaway, or at least 21 days before commencement of travel. Price increases after this point in time are not permissible. In the event of prices being increased by more than 5% or of a substantial alteration being made to a material travel service, the customer shall be entitled to either withdraw from the travel contract at no charge, or to request a place on a different tour of at least equal value, provided the tour operator is able to offer an appropriate tour out of its programme at no extra cost to the customer. The aforementioned rights must be claimed by the customer vis-à-vis the tour operator immediately after the latter has issued notification of the price increase or modified service.
5.5. On sea voyages, any modifications to sailing times and/or routes which become necessary for safety reasons or due to weather conditions are decided solely by the captain responsible for the ship.
6. Withdrawal by the Customer, Cancellation Fees, Changing Bookings6.1. The customer may withdraw from the tour at any time before commencement of travel. Withdrawal must be declared to the tour operator at the address given under. If the tour was booked through a travel agency, withdrawal may also be declared vis-à-vis such travel agency. Customers withdrawing are advised to give notice of cancellation in writing. If the customer withdraws from the tour before commencement of travel or does not appear on the date of departure, the tour operator shall lose entitlement to the tour price. Instead, provided the tour operator is not responsible for the withdrawal and force majeure does not apply, the tour operator may demand reasonable damages depending on the respective tour price, to compensate for the travel arrangements already made prior to withdrawal and to make up for its expenditures. The tour operator has staggered its entitlement to damages time-wise, i.e. taking into account how soon before the contractually agreed departure date withdrawal is declared, and has fixed flat-rate compensatory amounts proportionate to the tour price. The calculation of the compensatory amounts also takes into account any costs normally not having to be expended and the usual possibility of putting the travel services to alternative use. Depending on the date on which the customer’s declaration of withdrawal is received, compensation is calculated as follows:
For withdrawal up until 60 days before commencement of travel: 20% of the tour price; between 59 and 30 days before commencement of travel: 25% of the tour price; between 29 and 15 days before commencement of travel: 50% of the tour price; 14 days or less before the date of travel: 90% of the tour price; for withdrawal on the date of travel or no show: 100% of the tour price.
The customer is free in all events to prove to the tour operator that the latter has only sustained much smaller losses than the flat-rate demanded, or none at all. Instead of the flat-rate amounts given above, the tour operator reserves the right to demand some higher compensation to be specifically calculated. In any such case, the tour operator shall be under obligation to precisely state and document all the figures, taking into account any unexpended costs and any alternative use made of the travel services.
6.2. After contract closure, the customer is not entitled to change the date of travel, the destination, the place of departure, the accommodation or the type of transport (change in booking). If a change in booking is nonetheless made at the customer’s request, the tour operator may charge a handling fee for each tour participant. Changes in bookings are only possible up until 60 days before commencement of travel; change requests by the customer as from 59 days before commencement of travel can only be made – if at all – subject to the customer withdrawing from the travel contract in accordance with the terms of Item 6.1 above and making a new booking at the same time. This does not apply to change requests that only incur small costs.
6.3. Handling fees, cancellation fees and fees for changing bookings all fall due for payment immediately.
7.
Withdrawal on Under-Booking,
Termination for Reasons of Conduct
7.1. Withdrawal on underbooking: If the minimum number of tour participants fails to be reached, the tour operator may only withdraw from the travel contract provided:
• it specified the minimum number of tour participants in the respective tour advertisement, along with the latest point in time before the contractually agreed date of departure by which the customer must receive the cancellation notice; and
• clearly and legibly draws attention to this specification in the tour advertisement. Notice of withdrawal must be issued to the customer at least 30 days before the agreed date of departure. If it becomes evident earlier on that the minimum number of tour participants cannot be reached, the tour operator must exercise its right of withdrawal straightaway. If the tour does not take place for this reason, the customer shall immediately be refunded any payments already made towards the tour price.
7.2. Termination for reasons of conduct: The tour operator may terminate the travel contract without notice if the tour participant persistently causes disruption despite a warning from the tour operator, or behaves in breach of contract to a degree justifying cancellation of the contract. If the tour operator gives notice, it shall remain entitled to the tour price; however, it must allow setoff of any unexpended costs and any gains acquired by making alternative use of the services no longer being used by the customer, including any amounts credited to it by the service providers.
8. Notice of Termination due to Force Majeure With regard to terminating the travel contract due to force majeure, reference is made to the statutory regulation in the Civil Code, which reads as follows:
“§ 651 j: (1) If the trip is substantially obstructed, jeopardised or impaired as the result of force majeure not foreseeable at the time of contract closure, then both the tour operator and the traveller may give notice terminating the contract solely on the strength of this provision. (2) If the contract is terminated pursuant to Para. (1), then the provisions of § 651e (3) Clauses 1and 2 and § 651e (4) Clause 1 shall apply. The extra costs for return transport are to be shared equally by the parties. Any other extra costs shall be at the traveller’s expense.”
9. Customer’s Obligations9.1. Reporting Defects
If the tour is not provided in accordance with the contract, the customer may demand remedial action. However, the customer is under obligation to immediately report to the tour operator any travel defect occurring; if it culpably fails to do so, reducing the tour price shall be excluded. This shall not apply only if reporting a defect will obviously be to no avail, or cannot reasonably be expected for any other reason. The customer is under obligation to immediately report any complaints to the tour guide at the holiday location. If there is no local tour guide at the holiday location, any complaints must immediately be reported to the tour operator at its registered place of business. The customer is informed about the tour guide’s and the tour operator’s availability in the specifications of performance, or at the latest in the travel documents. The tour guide is authorised to arrange for remedial action, insofar as this is possible. However, it is not authorised to acknowledge any of the customer’s claims.
9.2. Period of Grace
If a customer wants to terminate the travel contract in accordance with Civil Code § 615 e due to a travel defect of the type specified in Civil Code § 615 c, or due to unacceptability for some important reason evident to the tour operator, it must first allow the tour operator a reasonable period of grace for taking remedial action. This shall not apply only if remedial action is impossible or refused by the tour operator, or if giving immediate notice terminating the contract is justified due to some particular concern on the customer’s part that is evident to the tour operator.
9.3. Lost & Damaged Luggage, Delayed Baggage
The tour operator urgently advises passengers on flights to immediately report on the spot to the airline responsible any damaged or delayed luggage, by filling in a Property Irregularity Report (P.I.R.). Airlines generally refuse to make any refund if a P.I.R. form has not been filled in. For damaged luggage, the P.I.R. form must be sent in within 7 days; for delayed luggage, within 21 days of hand-over. Apart from this, any lost, damaged or miscarried luggage must be reported to the tour guide or to the tour operator’s local office.
9.4. Travel Documents
The customer must notify the tour operator if it does not receive the necessary travel documents (e.g. air ticket, hotel vouchers) within the period specified by the tour operator.
10. Limitation of Liability10.1. The tour operator’s contractual liability for any loss or damage not constituting physical harm is limited to three times the tour price, provided
• the loss or damage sustained by the customer was not due to intent or gross negligence, or
• the tour operator is responsible for the loss or damage sustained by the customer solely due to fault on the part of one of its service providers.
10.2. For all and any compensation claims brought against the tour operator that are based on tort but are not due to intent or gross negligence, liability for material damage shall be limited to three times the tour price. The maximum liability sum is per customer and trip. This limitation shall not apply to any potentially bigger claims in relation to baggage that are governed by the Montreal Convention.
10.3. The tour operator shall not be liable for defective performance, personal injury or property damage in connection with services which it has merely arranged with third-party providers (e.g. excursions), and which in the tour advertisement and in the booking confirmation are termed external services so plainly – giving the name of the contractual partner providing them – that it is evident to the customer that they are not part of the tour operator’s travel services. However, the tour operator shall be liable:
• for services which involve transporting the customer from the scheduled place of departure to the scheduled travel destination, intermediate journeys during the trip, and accommodation during the tour; and
• if and insofar as any loss or damage to the customer is due to a breach of the tour operator’s obligation to provide information and effect organisation.
11. Preclusion, Limitation, Prohibition of Assignment 11.1. Claims based on the fact that the tour was not provided in accordance with the contract pursuant to Civil Code § 651 c – f must be filed by the customer within one month of the contractual date of return. In order to meet the deadline, claims must be filed exclusively with the tour operator at the address given under. After the deadline has expired, the customer may only assert claims if it was prevented from meeting the deadline through no fault of its own. However, this does not apply to the deadlines for reporting lost, damaged or delayed luggage on flights pursuant to Item 9.3: the periods allowed here are 7 days for lost or damaged luggage and 21 days for delayed baggage.
11.2. Claims by the customer pursuant to Civil Code § 651 c) – f) including claims for damages for mortal injury, physical harm or health damage due to a wilful or negligent breach of duty by the tour operator or by one of its statutory representatives or vicarious agents, become statute-barred after two years.
11.3. All other claims pursuant to Civil Code § 651 c) – f) become statute-barred after one year.
11.4. The period of limitation in accordance with Items 11.2 and 11.3 shall commence on the day after the tour ends as specified in the contract.
11.5. Statutory provisions on the limitation of customers’ compensation claims, in particular pursuant to Civil Code § 199 (2) and (3), remain unaffected.
11.6. If negotiations on the claim or the underlying circumstances are pending between the customer and the tour operator, the period of limitation shall be suspended until such time as the customer or the tour operator finally breaks off such negotiations. Limitation shall not take effect until at least three months after such suspension has ceased.
11.7. Assigning claims on the tour operator without the latter’s express consent is excluded. This does not apply amongst family relatives travelling together.
12.
Obligation to Disclose Air Carrier’s Identity
Under the EU Regulation on informing air transport passengers of the identity of the operating air carrier, the tour operator is obliged to disclose to the customer on booking the identity of the air carrier operating all the flight services having to be provided in connection with the tour booked. If the flight operator is not yet known at the time of booking, the tour operator is obliged to tell the customer which airline(s) are expected to be operating the flights. As soon as the tour operator is certain which airline will be providing the flight services, it must inform the customer accordingly. If any change is made to the airline which the customer has been told will be operating the flights, the tour operator must notify the customer accordingly. The tour operator must take all reasonable measures without delay to ensure that the customer is informed about the change as quickly as possible. A link to the “Black List” is provided on the following website:
http://air-ban.europa.eu.
13. General Provisions13.1. If any of the provisions of the travel contract are ineffective, this shall not render the entire travel contract ineffective. The same applies to the foregoing General Terms & Conditions of Travel.
13.2. Contractual relations between the customer and the tour operator shall be exclusively governed by German law. This shall also apply to the entire legal relationship. If the customer sues the tour operator for liability abroad and German law is not applied to the case on its merits, the legal consequences – in particular the nature, extent and amount of the customer’s claims – shall be exclusively governed by German law.
STAR CLIPPERS KREUZFAHRTEN GmbH
Konrad-Adenauer-Strasse 4 • D-30853 Langenhagen
Hannover Commercial Register HRB 52657
Date of printing: February 2010
