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Travel and payment conditions
1. Contracting party
The following travel conditions supplement the statutory provisions and regulate the legal relationships between the customer and the tour operators (hereinafter called "Royal Caribbean", see also para. 22) resulting contractual relationship for the implementation of package holidays, especially for ship cruises. Any deviations in the respective tour description have precedence.
2. Conclusion of the travel contract
2.1 For all booking methods the following applies:
a) This offer is based on the travel advertisement and the supplementary information provided by Royal Caribbean for the respective journey, if it is available to the customer at the time of booking .
b ) The customer is responsible for all the contractual obligations of travelers , for whom he makes the reservation , as for his own , as far as he has assumed this obligation by express and separate declaration .
c ) If the content of the declaration of acceptance by Royal Caribbean deviates from the content of the booking , then a new offer from Royal Caribbean is present to which it is bound for a period of ten days. The contract is concluded on the basis of this new offer if the customer declares his acceptance by express declaration, down payment or payment to Royal Caribbean within the binding period. The booking can be made verbally , in writing , by telephone, by fax or by electronic means (e -mail , internet). For electronic bookings , Royal Caribbean acknowledges receipt of the booking also by electronic means .
2.2 For a reservation that takes place verbally, in writing, by email or by fax, the following applies:
a) With the booking (travel registration), the customer offers Royal Caribbean the binding conclusion of the travel contract.
b) The contract is concluded with the receipt of the booking confirmation (declaration of acceptance) by Royal Caribbean. It requires no specific form. At or immediately after the conclusion Royal Caribbean will submit to the Customer a travel confirmation in writing or in text form. Hereunto Royal Caribbean is not responsible if the reservation is made less than 7 working days prior to departure.
2.3 For bookings in the electronic commerce (e.g internet) the following applies to the contractual agreement:
a) The customer is explained the process of the online reservation on the corresponding website.
b ) For customer to correct the entries, to delete or to reset the entire online booking form , a corresponding correction possibility is available whose use is explained.
c ) The contract languages offered for the implementation of online booking are specified .
d) If the contract text by Royal Caribbean is stored, the customer will be advised about it as well as about the possibility for recalll of the contract text .
e) By pressing the button " booking liable for payment" the client offers Royal Caribbean the binding conclusion of the travel contract .
f ) The customer is immediately confirmed the receipt of the booking (travel registration) electronically ( acknowledgment of receipt ) .
g ) The transfer of booking ( travel registration) by clicking the button " booking liable for payment" does not establish a customer's claim on the conclusion of a travel contract in accordance with the booking (travel registration ) . The contract is concluded by the receipt of the Royal Caribbean booking confirmation by the customer,it requires no special form and can be done by phone, e -mail, fax or in writing.
h ) If the booking confirmation occurs immediately after clicking the " booking liable to payment "button through appropriate direct representation of the booking confirmation on the screen , then the travel contact is accomplished by the presentation of this booking confirmation without the need for an intermediate notification of the booking receipt. In this case, the customer is offered the opportunity to store and print the booking confirmation. The liability of the travel contract is however not conditioned by the customer actually using these options for saving or printing .
2.4 Travel brochures as well as internet advertisments that are not published by Royal Caribbean, are not binding on Royal Caribbean and its obligation to service, unless they are made by express agreement with the client as object of the travel advertisement or as content of the service obligation of Royal Caribbean.
2.5 At or immediately after the contractual conclusion Royal Caribbean will provide the customer with the travel confirmation a written travel confirmation. At the same time the customer receives his certificate of travel insurance according to the Civil Code 651k . The travel contract becomes effective for all participants mentioned in the registration and based on these Terms and Conditions, which the customer acknowledges with effect to all participants mentioned by him. If the customer is not submitted the travel and payment terms at the travel registration, then Royal Caribbean will send them together with the travel confirmation / invoice. Should the customer not object to the travel and payment conditions within 10 days (for bookings at short notice, i.e. within 28 days before departure, immediately), then the travel contract is concluded on theseconditions . In case of objection the travel contract remains in effect without including the travel and payment conditions .
2.6 The minimum age for unaccompanied customers is 21. Guests aged up to and including 20 years must be accompanied by at least one 21-year-old adult, who has booked the same cabin. Exceptions are married couples over 18 who present a marriage certificate upon reservation and embarkation. Infants may only take a cruise when they are at least six months old at the start of the journey. For a cruise that includes one Atlantic or Pacific crossing that leads to Hawaii to certain destinations in South America, or some other destinations, small children must be at least a yearold when starting the journey For families who wish to place their children in a separate cabin, the cabins need to lie side by side. Note: the upper beds are not suitable for children up to 6 years.
2.7 Disabled customers must notify their disability during their cruise registration with Royal Caribbean, for Royal Caribbean to be able to ensure that the trip can be properly carried out (see also section 10.2).
2.8 If, at the time of departure there is a pregnancy, then up to the 23rd week of pregnancy a medical safety certificate must be sent to Royal Caribbean Frankfurt and also brought at check-in.
3.Catalog information
The information contained in this catalog are binding on Royal Caribbean. However, Royal Caribbean can explain deviant changes to the catalog prior to contactual closing. A price adjustment is permitted in particular for the following reasons:
- due to an increase in transportation costs through a surcharge on the travel price of each tour member for short, medium and long-haul flights, the charges for certain services such as port or airport fees, or a change to the exchange rates applicable to the respective journeys after the publication of the catalog
- If package tour desired by the customer and advertised in the catalog is available only through the purchase or transfer of additional quotas from other countries after publication of the catalog.
4. Payment
4.1 The customer payments are secured according to § 651 k from the Civil Code, because the customer has received with the travel confirmation from Royal Caribbean the certificate of travel insurance. After conclusion of the contract, a deposit of 10% of the travel price is due for payment against delivery of the travel insurance certificate. The final payment is due in any case 30 days before departure, unless the certificate of travel insurance has been delivered. If a travel package is booked, which is not included in this catalog, a different payment can be agreed upon, especially if the customer has already received upon contractual conclusion an airline ticket (also in electronic form) or a process number issued by the airline for ticketless flying as flight eligibility.
4.2 For flights from the "QuickFly" program the following applies: the fare must be paid immediately upon booking by credit card. Should the cabin not yet be firmly booked , the firm booking of the cabin is done automatically. The air ticket is issued immediately.
4.3 If the customer does not pay the deposit and / or final payment in accordance with the agreed payment dates, then Royal Caribbean is entitled to withdraw from the contract after a warning for the deadline and to charge the customer the costs of withdrawal according to section 9.1.
4.4 A few foreign airports reserve the right to charge an additional fee upon departure. As these fees are subject to constant fluctuations, they cannot be calculated in the tour price and must be paid separately on site.
5. Train to the airport If you have booked a flight with Royal Caribbean, a train ride within Germany to your departure airport as well as the return trip after return of the flight is included. Please keep in mind when planning the rail connection for arrival that you arrive at the airport.
at least 3 hours before departure.
6. Scope of service The scope of the contractual benefits and their price is derived from the description of services in each of the relevantadvertisement of Royal Caribbean, the travel documents, in particular the travel registration and the travel confirmation.
7. Service changes 7.1 Changes of essential travel services from the content agreed upon in the travel contract , which become necessary after conclusion of the contract and which have been brought about by Royal Caribbean in breach of good faith have, are permitted provided that the amendments are not substantial and do not affect the overall character of the trip. Royal Caribbean will inform the customer about substantial service changes immediately after learning about the reason for the change. In the event of a substantial change of an essential travel service the customer is entitled to immediately withdraw at no cost from the contract or to demand participation at least an equivalent tour , if Royal Caribbean is able to offer such a tour from its offer without additional cost to the customer. The customer has to claim his right against Royal Caribbean immediately after the explanation of Royal Caribbean about the change of the travel services or the cancellation of the tour.
7.2 Changes that become necessary in the travel times and / or cruise routes, e.g. for safety or weather reasons are decided about solely by the captain responsible for the ship. Short-term changes of flight times, the route, the aircraft, the airline as well as stopovers are expressly reserved, as far as the overall character of the trip will not be affected. The overall form of the tour is then affected if its value or suitability to the usual or the presumed benefits according to the contract are revoked or more than just insignificantly decreased. This is determined primarily on the basis of the length, the travel time and the price.
8. Price changes / price increases Price changes are possible after the conclusion of the contract in the event of an increase in transportation costs , especially fuel costs, the fees for certain services such as port or airport fees or a change to the current exchange rates for the journey in question. The price changes are calculated as follows: when there is an increase of transportation costs at the conclusion of the travel contract , especially fuel costs, Royal Caribbean can increase the tour price in accordance with the following calculations.
a) for an increase related to the seat / cabin bed Royal Caribbean may require the actual increase amount from the customer.
b ) if the transportation company calls for a price increase per means of transport , the additional transport costs are divided by the number of seats of the agreed means of transportation . The resulting increase amount for a single seat can be required by Royal Caribbean from the customer .
If the charges existing at the conclusion of the travel contract, such as port or airport charges,are increased for Royal Caribbean,then the tour price may be increased about the proportionate amount that is attributed to the respective travel price.
If at the conclusion of the travel contract the exchange rates change such that the costs for the journey increase , Royal Caribbean is entitled to demand from the customer the actual additional costs thus incurred. An increase is only permissible provided between the contract conclusion and the travel date there are more than 4 months. Should there be a price change , the customer will be notified immediately about details regarding the calculation of the new price In any case, a price change is only possible until the 21st day before the departure date , price increases thereafter are no longer permitted. With a price increase of more than 5 % of the travel price the customer is entitled to withdraw from the contract at no cost or to demand participation in an equivalent journey from the program offered by Royal Caribbean , if Royal Caribbean is able to offer the customer such one. Customer have the right to assert their claims against Royal Caribbean immediately upon receipt of the notice of the price increase.
9. Cancellation by the passenger, rebooking and spare traveler 9.1 Cancellation by the guest
The customer can withdraw from the trip at any time prior to departure. The termination notice should basically be made in writing for reasons of proof. Failure to travel is generally considered as resignation. Decisive for the cancellation time is the receipt of the notice of cancellation by Royal Caribbean.
If the customer withdraws from the travel contract or does not take the trip, Royal Caribbean may require reimbursement of expenditure and of the travel arrangements made. When calculating the cancelation lump sum, Royal Caribbean usually takes into account saved expenses and ordinary, other possible uses of the travel services. It is up to the customer to prove to Royal Caribbean that a damage has not occurred or only a minor damage.
As a rule, the cancellation fees that Royal Caribbean has to claim for its travel amounts-always per person- to :
Arrival on your own , bus arrival or flight program " EasyFly " , with the exception of the " QuickFly " program :
- Cancellation up to 60 days before departure 10% of tour price
- Cancellation between 59 and 30 day before departure 20% of tour price
- Cancellation between 29 and 15 day before departure 50 % of tour price
- Cancellation between 14 and 8 day before departure 75 % of tour price
- Cancellation as of the 7th day prior to departure or no show 90 % of the travel price
For arrivals with the flight program " QuickFly " , or for mixing of the two flight programs :
- Cancellation up to 30 days before departure 35% of tour price
- Cancellation between 29 and 15 days before departure 65 % of tour price
- Cancellation between 14 and 8 days before departure 80 % of tour price
- Cancellation as of the 7th day prior to departure or no show 90 % of the travel price
Within the flight program "QuickFly" it is possible to only withdraw from the flight and to keep the cruise booking. Because on these flights there is the special fares of the airlines, the cancellation fee is 100% of the flight price. Only the taxes issued by the airline are refunded.
Should one or more persons from a multi-bed cabin (2 or more people) no longer want to participate in a trip (cancellation), then the cancellation of the cabin together with the new booking for the remaining passengers is required. Royal Caribbean will be credited by using the original travel services, as well as any costs saved. When a cabin is rebooked for single occupancy, the supplement charged by Royal Caribbean is 100% of the cabin price.
9.2 Name change / replacement travelers
For changes of the name or nominating a substitute, Royal Caribbean has to charge you for the additional costs , including the additional costs on the part of third-parties (flight, hotel ) . For additional costs inside Royal Caribbean in any case a handling fee of € 60, - per passenger is incurred . A name change is any change in the spelling of the first or last name. A change of name or nomination of a substitute, is no longer possible prior to departure , provided Royal Caribbean has reported the names of the passengers on this trip in compliance with the legal regulations or administrative orders of the respective destination countries already to the competent authorities , in particular to the port and immigration authorities of the countries visited in the course of the planned trip. If such a change is required or desired after this date, the trip must be canceled without replacement. In addition, Royal Caribbean may deny embarkation to replacement persons if they do not meet the special travel needs for their participation or object to legal regulations or administrative orders .
9.3 Rebooking
A claim of the customer after conclusion of the contract to changes regarding the travel date, the ship, the start of travel (flight), accommodation or means of transport (e.g. change of cabin category, change in departure, etc.) does not exist. If,however, upon the customer's request a transfer is made, Royal Caribbean will bill the customer for the additional costs incurred. Changes are not made if they reduces the tour price. For additionally charges for the extra effort on the part of Royal Caribbean a handling fee of € 20, - per person is charged if the respective request is presented by the customer at the latest on the 60th day before the cruise begins and a corresponding change is possible. Changes within 60 days before departure as well as changes for the purpose of price reductions are only possible after previous withdrawal from the travel contract. Then the above cancellation lump sums apply (see section 9.1).
10. Termination of contract by the tour operator 10.1 Royal Caribbean can cancel the contract if the customer sustainably disrupts the implementation of the journey despite a warning from Royal Caribbean sustainable or if the customer violates the contract to such an extent that the immediate cancellation of the contract is justified. This applies especially for criminal acts of the customers. The same applies to non-compliance with the "Guest Vacation Policy" (e.g. weapons or drug possession, violence, abusive behavior). About the "Guest Vacation Policy" the customer is informed at the beginning of the cruise. The "Guest Vacation Policy" is also available in advance at www.royalcaribbean.de and is an essential part of the travel conditions.
10.2 Does the mental or physical condition of customers after the due evaluation of the medical adviser of the Royal Caribbean not allow a journey or a world tour, because the customer is unable to travel or represents a danger to themselves or third parties, the travel contract can be canceled at anytime and further transportation may be denied. In addition, Royal Caribbean has the right to terminate or to refuse transportation of female guests who upon departure have reached the 24th week of pregnancy or will reach it during the trip.
10.3 If the customer breaches its contractual obligation to provide Royal Caribbean before departure passport data for submission to the appropriate immigration authorities, the travel contract may be terminated without setting a further period or transportation may be denied.
10.4 If because of the above-mentioned reasons a travel contract is terminated by Royal Caribbean and further promotion is denied, Royal Caribbean reserves the claim to the tour price. Royal Caribbean, however, will be credited with the value of the saved expenses as well as the benefits arising from any other use of the unused services. For any additional costs incurred by the customer, Royal Caribbean does not guarantee. In particular, the customers themselves shall bear the additional expenses for the return journey to their hometown.
11. Limitations of liability of the tour operator 11.1 Statutory limitation of liability
Liability of Royal Caribbean is excluded or limited, to the extent resulting from international agreements or legal regulations based on those that are applicable to Royal Caribbean and / or are to be used by a service provider whose liability is also excluded or limited. In particular, liability is governed by the ordinance (EC) 392/2009 and the 1974 Athens Convention on the transportation of passengers and their luggage at sea, as modified by the Protocol of 2002, as far as Royal Caribbean and / or a service provider is carrier or contractual carrier.
11.2 Contractual limitation of liability
Moreover, a liability of Royal Caribbean for contractual claims for damages that did not result from injury to life, body or health, are generally limited to the triple amount of the tour price (§ 651 h BGB),
a) to the extent that the damage is not intentionally or with gross negligence brought about by Royal Caribbean or
b) if Royal Caribbean is responsible for the damage incurred to a customes due to the fault of a service provider.
The total cost for accommodation in case of departure cancellatio is for a maximum of 3 nights in the amount of € 80, - limited per passenger and night. Royal Caribbean shall bear the costs of transporatation between the port terminal and the place of accomodation
11.3 Liability for third-party services
Royal Caribbean shall not be liable for disruptions, injuries and property damage in connection with services, which are only obtained as external services (e.g .excursions, transportation services to and from place of departure and destination, etc.) if these services are clearly marked in the travel advertisement and expressly in the booking confirmation and stating the intermediary contracting party as foreign service.
11.4 Royal Caribbean shall not be liable for any costs incurred by the customer due to its late arrival to the ship, if Royal Caribbean has no contractual responsibility for the transportation to the ship. This applies to departure ports and for ports of call en route, provided that shore excursions are taken on your own and at your own risk. The captain is not obliged to wait for any delayed customers.
12. Defects and conditions in case of termination due to poor performance The customer is obliged to report a defect that occurs immediately to Royal Caribbean. Prior to the termination of the travel contract (§ 651 e Civil Code) the customer must set a reasonable deadline for remedy, if the remedy is not impossible or is refused by Royal Caribbean or if the immediate termination is justified by a particular interest.
13. Limitation periods Customer are excluded from claims towards Royal Caribbean, if they do not make them within the following periods possibly in writing, whereby travel agencies are not authorized to accept claim applications.
13.1 Contractual claims, all eligible claims under § 651 do c to 651 f Civil Code, must be claimed by customers possibly in writing at Royal Caribbean within one month after the contractual end of the trip claims unless the clients were prevented to keep the deadline through no fault of their own.
13.2 Claims under § 823, 831 Civil Code (claims from unlawful action), unless you have a personal injury, claims under § 823, 831 Civil Code (claims from unlawful action) must be claime, if it is no personal injury, within one month after the contractual agreed end of the trip possibly in writing to Royal Caribbean , unless customers were prevented from complying with the deadline without their fault.
13.3 Claims under § 823, 831 Civil Code (claims from unlawful action), for personal injury
For personal injury claims under § 823, 831Civil Code (claims from unlawful action) must be made possibly in writing to Royal Caribbean within one month after the contractually agreed end of the trip, inasmuch as there is knowledge of injury and damaging event within the contractual travel time or knowledge should have existed. At a later knowledge of injury and damaging event or a later date, at which knowledge should have been existed claims from unlawful action must be made at Royal Caribbean possibly in writing within one month of that date. This is not apply if the damage was grossly the fault of Royal Caribbean or their agents or customers were prevented from complying with the deadline without their fault.
14. Limitation 14.1 Customer claims under § § 651 c to 651 f Civil Code arising from injury to life, body or health, based on an intentional or grossly negligent breach of duty, expire in two years. All other claims for damages under § § 651 c to 651 f Civil Code expire after one year.
14.2 The expiry period for contractual claims begins with the day following the date of the contractual end of the holiday.
14.3 If between the customer and Royal Caribbean there are negotiations about a claim or the circumstances justified by the claim, the limitation period is suspended until the customer or Royal Caribbean refuses to continue the negotiations. The limitation period shall expire no earlier than a 3 months after the end of the suspension.
15. Prohibition of assignment 15.1 The judicial enforcement of claims by a third party affecting travelers on behalf of their own name is not allowed.
15.2 The assignment of claims of travelers to third parties who did not participate in the journey due to the same reservation together with these travelers is excluded.
15.3 The assignment of claims of a traveler to another tour participant who has participated with this traveler together on the trip because of the same booking is permitted only if the tour participant to which the claim is assigned, according to the internal agreements among the travelers has ultimately led from an economic point of view to the travel price and, therefore, this participant should ultimately benefit from the reimbursements resulting from the assigned .
15.4 The regulation No. 9.2 of these Terms and Conditions shall remain unaffected.
16. Termination of the contract due to exceptional circumstances If the trip is substantially impeded, endangered or impaired due to a force majeure not foreseeable in the conclusion of the contract, then both the customer as well as Royal Caribbean can terminate the contract in accordance with § 651 j from the Civil Code.
17. Passport, visa and health policy formalities Royal Caribbean will inform citizens of a state of the European Community where the trips are offered about passport , visa and health regulations before conclusion of the contract as well as about possible changes prior to departure. These are also posted on our website www.royalcaribbean.de / visa & identity papers. For citizens of other countries contact the respective consulate will provide information. This information applies with no special features in the identity of the customer and potential fellow travelers ( e.g. double nationality , statelessness ) .
In dutiful fulfillment of the obligation to provide information by the tour operator , the customer has to accomplish the prerequisites for the trip.
If, for example, as a result of missing personal requirements for the journey difficulties arise ) due to the behavior of the customer (e.g. failure to obtain the required visa), the customer may not cancel free of charge or claim individual travel services without consequences . In this respect the provisions in the sections " Cancellation by the guest , rebookings, substitute person " and " Cancellation by the tour operator" apply. If a package holiday is booked , then indication of the passport data is mandatory for booking of flights . This applies to all tracks in the world .
18. Operating air carrier The EU regulation on informing air passengers of the identity of the operating air carrier ( EuVO 2111/ 05 ) requires Royal Caribbean to inform the clients upon booking about the identity of the operating carrier (s ) about all flights to be provided as part of the booked trip.
If upon booking an operating airline is not yet certain, then Royal Caribbean will mention to the customer the airline or airlines that are likely to perform or have performed the. Once Royal Caribbean knows which airline will operate the flight , Royal Caribbean will inform the customer about it. If the airline mentioned to the customer as performing the flight changes ,Royal Caribbean will inform the customer about the change. Royal Caribbean will immediately take all reasonable steps to ensure that the customer will be informed as soon as possible about the change . The list of airlines with which transportation is not allowed is available on the website http://ec.europa.eu/transport/air-ban/list_de.htm .
19. Trip cancellation insurance Travel cancellation insurance is not included in the tour price . Royal Caribbean recommends taking out such an insurance when booking .
20. Privacy policy and general information 20.1 The personal information provided by the customer to Royal Caribbean will be processed electronically and used , to the extent necessary to carry out the contract.
20.2 The details of the tour correspond to the status of their edition. A mistake is reserved. In particular, for writing and arithmetic error no liability is accepted. The obvious calculation errors entitle Royal Caribbean to challenge the travel contract. Royal Caribbean is not liable for information contained in travel advertisements of third parties on whose incurrence they have no influence and whose accuracy they could not verify. Travel agents are not authorized by Royal Caribbean to give assurances or to make agreements which go beyond the information in the catalog respectively travel advertisements or the reservation confirmation or are contrary to or modify the confirmed content of the travel contract .
21. Jurisdiction and choice of law 21.1 The customer can sue Royal Caribbean in Frankfurt am Main ( Germany ) .
21.2 In proceedings of Royal Caribbean against the customer 's residence where the customer is . For claims against customers or contractors who are merchants, legal persons under public or private law or persons who have their domicile or habitual residence abroad or whose domicile or habitual residence at the time the action is not known , the place of jurisdiction shall be Frankfurt .
21.3 On the whole legal relationship , and in particular on the contractual relationship between the customer and Royal Caribbean the German law applies . As far as for customer complaints against Royal Caribbean abroad for the liability of Royal Caribbean according to the reason, the German law applies, with respect to the legal consequences, particularly in terms of type , scope and level of customer claims, the German law applies, to the extent that this is legally permissible.
21.4 The above provisions shall not apply if and to the extent to which results something else that benefits the customer from contractual provisions of international agreements that are applicable to the travel contract between the customer and the tour operator or if and to the extent that applicable not mandatory provisions in the member state of the EU to which the customer belongs , are more favorable to the customer than these provisions or the corresponding German provisions .
22. Tour operator Tour operator is Royal Caribbean Cruises Ltd. Miami represented by RCL Cruises Ltd. ,the branch in Frankfurt am Main branch as far as it’s not about cruises by the following ships Legend of the Seas , Splendour of the Seas , Vision of the Seas , Independence of the Seas , Rhapsody of the Seas , Liberty of the Seas , Grandeur of the Seas , Adventure of the Seas , Mariner of the Seas or Navigator of the Seas is . In this case tour operator is the RCL Cruises Ltd. UK, represented by RCL Cruises Ltd. ,the branch in Frankfurt am Main .
Please note in addition the information in your booking and the travel documents . Brilliance of the Seas ® is used by RCL (GB ) Ltd. operated and is a subsidiary of Royal Caribbean Cruises Ltd. ®
© 2013 RCL Cruises Ltd. All rights reserved.
Updated: 2013
