Emerald Cruises 2023 - 2024

BACK TO CONTENTS 97 amounts to more than 20 days; the circumstances resulting in the increase occurred after the contract was entered and the price increase is limited to the passing on of increased costs and fees resulting from the increased price of the carriage of passengers resulting from higher costs for fuel or other power sources, an increase in the level of taxes and other fees for agreed travel services such as tourist taxes, port or airport taxes or changes to the exchange rates applicable to the relevant package travel. (b)Where the increase applies on seat-by-seat basis, SCENIC may require the traveller concerned to pay the additional amount. In other cases, the additional costs of carriage imposed by the carrier per vehicle shall be divided by the number of seats in the agreed vehicle. SCENIC may require the traveller to pay the resulting increase in the price of an individual seat. (c)SCENIC shall notify the traveller clearly and comprehensibly on a durable medium of the price increase and its justification and provide a calculation for the increase in price A price increase shall be effective only if it fulfils these requirements and the traveller is notified no later than 20 days before the start of the travel. (2)Where a price increase exceeds 8% SCENIC may require the traveller either to accept the offer relating to the price increase or to terminate the travel contract in good time (within a period specified by SCENIC) without paying a cancellation fee. An offer relating to a price increase cannot be made where 20 days or fewer remain before the travel is due to start. Following the expiry of the period specified by SCENIC, the offer relating to the price increase shall be deemed accepted unless the traveller has terminated the contract. In the offer relating to a price increase, SCENIC may also offer the traveller an alternative tour. (3)SCENIC must grant the traveller a reduction in the tour price if and to the extent that, after entering the contract and before the start of the travel, the abovementioned prices, taxes or exchange rates have changed, resulting in decreased costs for SCENIC. If the traveller has paid more than the amount due following such reduction, SCENIC must refund the overpayment. SCENIC may, however, deduct administrative expensive actually incurred from the amount to be refunded. At the traveller’s request, SCENIC must prove that the administrative expenses were incurred. 9 CHANGING THE BOOKING, TRANSFER OF THE PACKAGE TO ANOTHER TRAVELLER (1) If, after entering the contract and before the start of the travel, the traveller requests changes to the contract (e.g. dates of travel, destination, accommodation, means of transport, departure airports), SCENIC will endeavour to satisfy the traveller's request. Travellers do not have a right to amend or change their booking. If, at the traveller’s request, changes are made not affecting the overall profile of the tour (maintaining, in particular, the duration of the tour and the tour price), SCENIC shall charge a processing fee of EUR 50 per traveller. Change fees are due immediately. (2)Before the start of the travel, the traveller may notify SCENIC in writing that another traveller is replacing him in relation to the rights and obligations under the package travel contract. SCENIC must receive the notification no later than seven days before the start of travel. SCENIC may reject the transfer to another traveller if this person does not satisfy the contractual travel requirements or his participation is precluded by legislative provisions or official order. If the contract is transferred to another traveller, the original traveller and the new traveller (the transferee) shall be jointly and severally liable to SCENIC for the payment of the tour price and the additional costs arising from the transfer. SCENIC may claim the reimbursement of additional costs if and to the extent these are reasonable and SCENIC has actually incurred such. SCENIC will provide the traveller with proof of the additional costs arising from the transfer to another traveller. (3)On scheduled flights a change of passenger is only possible, provided availability exists, by cancelling the existing booking and making a new booking. In this case, the provisions of clause 10 (Termination by the traveller) shall apply accordingly. 10 TERMINATION BY THE TRAVELLER (1) The traveller may terminate the contract at any time before the start of the travel by notifying his travel agent or SCENIC directly (TERMINATION or CANCELLATION). Travellers are recommended to communicate the termination in writing. In determining the relevant date, receipt of the notice of termination by SCENIC or the travel agent shall be decisive. If the traveller terminates before the start of the travel or does not participate in the tour, SCENIC shall be entitled to appropriate compensation unless the termination is attributable to SCENIC or unavoidable and extraordinary circumstances occur at the place of destination or its immediate vicinity, significantly affecting the performance of the travel services or which significantly affect the carriage of passengers to the destination. Circumstances shall be regarded as unavoidable and extraordinary within the meaning of this clause, where they are outside the control of the party who invokes them and their consequences could not have been avoided even if all reasonable measures had been taken. The amount of the compensation is determined in accordance with the cruise fare less the value of SCENIC's cost savings and the income SCENIC generates from alternative deployment of the travel services. The compensation will be standardised and differentiated in accordance with the period between the date at which the traveller’s notice of termination is received and the start of the travel and the nature of the travel booked. In application of these principles, SCENIC may claim compensation for each traveller registered in accordance with the following scale: 150 days or more before the start of the travel 3 % of the tour price 149 to 50 days before the start of the travel 20 % of the tour price 49 to 30 days before the start of the travel 30 % of the tour price 29 to 22 days before the start of the travel 40 % of the tour price 21 to 15 days before the start of the travel 60 % of the tour price 14 days or less before the start of travel 80 % of the tour price no-show, cancellation on the day on which travel begins and cancellation after the tour 95 % of the tour price (2)Compensation / cancellation fees are due immediately. (3)In the case of a partial cancellation, where one full fare paying traveller originally booked in a cabin on the basis of two persons sharing cancels and as a consequence the remaining traveller uses the cabin booked as a single cabin, SCENIC shall be entitled to the cancellation fees specified the above table and, in any event, standardised compensation amounting to no less than 80 % of the pro-rata tour price. The same shall apply in the case of a partial cancellation where one full fare paying passenger booked in a cabin on the basis of several persons sharing cancels and as a consequence the cabin originally booked on the basis of full occupancy is used by a reduced number of passengers. In this case, SCENIC reserves the right to change the cabin booked. (4) If service providers, in particular transport companies, charge SCENIC higher fees, cancellation fees up to the price of the travel and/or the flight may apply. Where external service providers involved in the provision of the tour have cancellation terms and charges which differ from these set out here, their cancellation terms shall apply where this is expressly stated in the booking advice. (5)SCENIC reserves the right to claim in place of the standardised compensation set out above a higher level of compensation calculated on an individual basis on condition that SCENIC proves that it has occurred costs that are significantly greater than those covered by the standardised level of compensation. In this case, SCENIC must provide proof of the compensation asserted, setting out a detailed calculation which takes account of the costs saved. (6) The traveller is entitled to prove to SCENIC that no loss has occurred or that the loss arising is considerably lower than the costs accounted for in the standardised compensation amount applicable in that case. (7)The traveller is hereby expressly advised that travel insurance including cancellation cover is recommended. However, travel insurance including cancellation cover is not included in the tour price. 11 TERMINATION BY SCENIC (1) SCENIC reserves the right in the following cases to terminate the travel contract in full or in part before the start of travel (Rücktritt) or after the start of travel (Kündigung): (a)Where the number of persons enrolled is smaller than the minimum number specified, provided that SCENIC has stated the minimum number of persons in the tour description concerned and fixed a date prior to the contractually agreed start of the travel by which the notification must have been received by the traveller and in the booking advice specifies the minimum number of persons and the latest date by which it may terminate or refers to the relevant details in the advertisement for the travel. SCENIC must notify the traveller of the trip cancellation without undue delay where it is clear that the trip cannot be operated because the number of persons enrolled is lower than the minimum number specified. The termination of the contract must be notified to the traveller, in the case of trips lasting more than six days, no later than 20 days before the start of the travel and, in the case of trips lasting between two and six days, no later than seven days before the start of the travel. If it is clear at an earlier date that the minimum number of persons specified for a trip cannot be achieved, SCENIC will exercise its right to terminate without undue delay. (b)Where performance of the travel contract is prevented because of unavoidable and extraordinary circumstances as specified in Section 561h, subsection 4, of the German Civil Code, SCENIC shall terminate the contract immediately on becoming aware of the grounds for termination. If carriage of the passenger to the place of departure or to another place agreed by the parties (return travel) is covered by the contract and impossible to ensure because of unavoidable and extraordinary circumstances, SCENIC shall, in accordance with Section 651k, subsection 4, of the German Civil Code and subject to the exceptions provided for in Section 651k, subsection 5, of the German Civil Code, bear the cost of necessary accommodation for the traveller for a period not exceeding three nights. In the cases covered by paragraphs 1(a) and 1(b), SCENIC shall offer the traveller a FUTURE TRAVEL CREDIT (FTC) voucher. (2)In the event of non-payment of the tour price when due, in circumstances where issue of an overdue notice specifying a further deadline for payment has not resulted in payment, as specified in clause 5 (Failure to pay). (3)Further, before or after the start of the travel, SCENIC may terminate the contract in full or in part without being required to observe a notice period where (a)the mental or physical condition of a traveller does not allow him to (continue his) travel, as this condition makes the traveller unfit to travel or constitutes a danger for the traveller himself or another person on board. In such a case, carriage may be denied or the traveller’s holiday may be terminated at any time. SCENIC shall not be responsible for any additional costs arising. The same applies where as a result of a mental or physical disability a passenger requires special care going beyond the contractually agreed services of SCENIC and the passenger does not have an accompanying person who is able to provide this care; (b)the traveller brings on board weapons, munitions, explosive or flammable substances or similar; further, when he consumes illegal drugs or brings these on board and/or commits criminal offences. Termination shall also be justified where an attempt is made to commit the above; (c) the traveller booked providing false details of his identity, address and ID document; (d)the traveller, despite a formal warning from SCENIC, disrupts the operation of the tour so persistently or behaves contrary to the terms of the contract to such an extent as to justify the immediate termination of the contract. In these cases, the traveller may be excluded from the trip. SCENIC shall retain the right to the tour price; in this connection account will be taken of the value of the costs saved and the advantages that accrue to SCENIC from alternative deployment of services not used. The traveller shall bear any additional costs for the return journey. (4) On board ship, the ship’s rules apply, which the traveller must observe and comply with without restriction. The captain is responsible for the ship, the passengers and the crew. In exercising his nautical command and for the purposes of ensuring safety and observance of the ship’s rules, the captain has sole decision-making power and consequently may order a passenger to leave the ship without compensation. The same applies if any of the situations specified in clause 11(3) arise during the tour. 12 MEDICAL CARE, SHIP’S DOCTOR (1) The presence of a ship’s doctor must only be ensured where this is expressly provided for in the description of travel. The services of the ship’s doctor are not contractual services provided by SCENIC. The ship’s doctor carries out his activities independently and at his own responsibility and is not subject to directions of any kind from SCENIC or the ship’s crew. The travel price does not include any services provided by the ship's doctor; the traveller is exclusively responsible for settling those fees. SCENIC is not under any obligation to provide information concerning treatment under a health voucher (Krankenschein) or at the expense of a statutory health insurer and/or reimbursement for treatment by statutory or private health insurers. The ship’s doctor is not a vicarious agent of SCENIC. SCENIC shall not be liable for the accessibility and availability of the ship’s doctor, for the observance of specific consultation and treatment times, for any omission to provide treatment or assistance or for errors in treatment. (2)Treatment on the ship is comparable to consulting a doctor in another country (e.g. Switzerland, the Bahamas, Myanmar or Vietnam). Payment must be made using the boarding card. It is not possible to settle medical fees with a health insurance card. SCENIC shall not be liable for the eligibility of the treatment costs for partial or full reimbursement by the traveller’s health insurer. (3)Comprehensive medical treatment on board is possible only to a limited extent. Dialysis and dental treatment cannot be carried out on board. The ship's pharmacy holds products for common illnesses and initial emergency treatment. In a medical emergency the patient will to have leave the ship and will be transported to a nearby onshore hospital. The traveller/patient shall bear all the costs arising in this connection. Travellers who are being treated for a medical condition are recommended to carry details of their condition and treatment with them.