Emerald Cruises 2023 - 2024

98 (4) SCENIC recommends travellers to inquire from their health insurer before the start of travel as to the scope of their coverage when travelling abroad or to take out foreign travel health insurance which also provides cover for the risks associated with a cruise holiday, including the costs of medical care as well as the costs and expenses that the traveller may incur by reason of evacuation on medical grounds that could possibly be required in remote areas. (5)SCENIC does not accept any liability for the provision of medical care or for the appropriateness of any nursing or care services provided. 13 TRAVEL RESTRICTIONS FOR EXPECTANT MOTHERS AND INFANTS AS WELL AS FOR PERSONS WITH REDUCED MOBILITY, TRAVELLERS WITH SPECIAL NEEDS AND EXCLUSIONS FROM TRAVEL, YOUNG TRAVELLERS (1) If the traveller or a member of his party - has a medical condition or is in comparable circumstances, - is pregnant, - has a physical impairment, or - has special requirements on account of a medical condition or comparable circumstances, that might affect his travel (including any which affect the booking process), the traveller must notify SCENIC in writing thereof, specifying all the medical or mobility equipment required by that person, before the traveller places the booking so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Some activities on board the ship and onshore at all ports may be unsuitable for persons with reduced mobility. (2)Further the traveller is under an obligation to notify us following booking of every change or deterioration in the physical impairment and/or medical situation or circumstances or of the onset of a physical impairment, a pregnancy or a medical situation or circumstances which could affect his travel. (3)We reserve the right to decline a booking for any person or, if full details are not given at the time of booking or the conditions or circumstances concerned / physical impairment develop after booking, prior to the start of the travel, to terminate the contract (Rücktritt) or, after the start of the travel, to terminate the contract (Kündigung) in full or in part as soon as we become aware of these details if we reasonably feel unable to accommodate your special requirements. In these cases SCENIC retains the right to compensation provided for in clause 10. (4) In the event that the traveller requires assistance with embarking or disembarking as a result of reduced mobility or a physical impairment, the traveller is requested to advise SCENIC of this at the time of booking and in any event no later than 48 hours before the assistance is required. Please also note that assistance is not always available when embarking or disembarking at all ports of call. It is important to note in relation to some of our vessels that (a)for safety reasons, wheelchair passengers cannot be carried on boarding ramps (which may be steep due to water levels) whilst the ship is tied up or at anchor; (b)collapsible walkers may be taken onto tender vessels for transfer to shore for the included touring. However walkers are unable to be taken on the dinghies at any time due to space restrictions. Walking aids must be kept in passenger cabins – there is no additional storage space on board; (c)passengers must be able to walk up/down stairs in the event of an emergency to reach the emergency evacuation points; (d)motorised scooters cannot be used on board; (e)wheelchairs and walkers can be carried in the luggage compartment of coaches, subject to space restrictions; (f) when embarking and disembarking tender boats: dinghies are accessed via a floating platform and require the ability to step into and out of the vessels unaided; (g)cabins and bathrooms may have thresholds or doors which limit access. (5)For safety reasons and as a consequence of the limited medical care available on board the vessel, expectant mothers, who at the date of the start of travel are in the 24th week of pregnancy or later and infants under the age of 12 months are excluded from travel. Pregnant women who at the date of embarkation have been pregnant for less than 24 weeks must produce a certificate of fitness to travel issued by a doctor. (6) For safety reasons, SCENIC reserves the right to allow persons who are deaf or blind or who despite using corrective lenses have no more than 5% of normal eyesight on the better eye and travellers who require a wheelchair on a permanent basis to travel only together with an accompanying adult without a physical or mental impairment who shares their cabin. Travel without such an accompanying person will be authorised on a case-by-case basis. (7)For safety reasons, and as a consequence of the increased risk of injury, travellers who require a wheelchair on a permanent basis may, at the captain’s discretion (depending amongst other things on the weather and port situation), not be permitted to go onshore in tender ports. (8)If you have any special requests (including special diets or in relation to particular foods), you must notify us in writing of these at the time of your booking. Please note that we cannot guarantee to satisfy special requests. Failure to satisfy special requests does not constitute a breach of contract by us. Confirmation that a special request has been noted or passed on to the corresponding service provider or the inclusion of the special request in your booking advice, invoice or other documents shall not constitute confirmation that the request concerned will be met. If it is important for you, for your own protection you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this). We cannot accept any conditional bookings i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as standard bookings subject to the above provisions on special requests. (9) For safety reasons, travellers under the age of 12 are not permitted except with the separate agreement and approval of SCENIC. Passengers aged 12 to 17 must be accompanied by an adult and for safety reasons must share accommodation with an adult. 14 TRAVEL SERVICES NOT IN CONFORMITY WITH THE CONTRACT, OBLIGATIONS OF THE TRAVELLER SCENIC must provide the tour booked in conformity with the contractual specifications (frei von Reisemängeln). If the tour is not in conformity with the contract (mangelhaft), the traveller has the rights specified in section 651i of the German Civil Code. In such a case, SCENIC will always do what it can to find an acceptable solution. (1) Notification of services not in conformity with the contract (Mangelanzeige) Pursuant to section 651o of the German Civil Code, the traveller is required to notify a lack of conformity in the performance of the travel services without delay to SCENIC Wallbrunnstrasse 24, 79539 Lörrach, Germany, phone: 0800 554 1415, email: info@scenic. eu or to a representative of SCENIC (tour representative or travel agent). However, tour representatives, travel agencies and persons employed by suppliers are not entitled and not authorised by SCENIC to confirm that a service is not in conformity with the contract or to recognise any claims against SCENIC. If as a result of a culpable omission to notify the lack of conformity, SCENIC was unable to remedy such, the traveller is not entitled to a price reduction or to claim damages. (2)Remedy Pursuant to section 651k, subsection 1, of the German Civil Code, the traveller may require SCENIC to remedy a lack of conformity if during the tour such lack of conformity (Mangel) within the meaning of section 651i, subsection 2, of the German Civil Code arises. SCENIC may however refuse a remedy where this is impossible or entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. (3)Price reduction, damages If SCENIC cannot remedy the lack of conformity, the traveller is entitled to claim a price reduction in accordance with section 651m of the German Civil Code or damages in accordance with section 651n of the German Civil Code. (4) Termination If the tour is substantially impaired by the lack of conformity, the traveller may terminate the contract in accordance with section 651l of the German Civil Code provided that the traveller has previously set a reasonable period for SCENIC to remedy the lack of conformity and within this period SCENIC has not done so. It shall not be necessary to set a deadline if SCENIC refuses to remedy the lack of conformity or if immediate remedy is required. If the contract is terminated, SCENIC reserves the right to claim the agreed tour price in relation to the travel services provided and those which are still to be provided and to end the package travel; this shall be without prejudice to the traveller’s rights to claim a price reduction and damages. The organiser shall reimburse the traveller for travel services not provided. 15 LIABILITY AND LIMITATION OF LIABILITY (1) The contractual liability of SCENIC for loss and damage other than personal injury (also the liability for the infringement of pre-contractual, ancillary and post-contractual duties) shall be limited to three times the tour price provided that the loss and damage sustained by the traveller does not result from culpable conduct by SCENIC. This limitation of liability shall be without prejudice to additional claims brought on the basis of international conventions. (2)If a travel service is governed by international conventions or statutory provisions based on such conventions according to which a claim for damages against the service provider arises or may be asserted only under certain conditions or limitations or under certain conditions is excluded, SCENIC may also rely on these provisions against the traveller (section 651p of the German Civil Code). (3)If SCENIC’s position corresponds to that of a contractual air carrier, SCENIC's liability depends on which provisions of the German Aviation Act (Luftverkehrsgesetz), EU law, the Warsaw Convention as amended by the Hague Protocol or the Montreal Convention apply. (4) Carriage by sea is subject to the liability provisions of the Athens Convention of 1974 as amended by the 2002 Protocol as well as the International Maritime Organisation Reservation and Guidelines for the Implementation of the Athens Convention which was implemented in the European Union by Regulation (EC) No 392/2009. The rules of this paragraph shall apply unless the rules specified in clause 6(1) result in a lower claim being asserted against SCENIC. In connection with the liability provisions governing carriage by sea, SCENIC draws your attention to the following points: (a)Irrespective of the existence of a damages claim, in the event of death or personal injury caused by a shipping incident, SCENIC shall, within 15 days of the identification of the person entitled to damages, make an advance payment in respect of each person and incident and in the case of death no less than EUR 21 000. The advance payment shall not constitute the recognition of any claimwhatsoever. The advance payment may be offset against any subsequent damages payable. It must be refunded to SCENIC if the person who received it is not the person entitled to damages (see Article 6(2) of Regulation (EC) No 392/2009). (b)SCENIC’s liability for the loss of and damage to luggage, mobility aids and other special equipment used by travellers and/or members of their party with reduced mobility shall be excluded if in the case of visible damage the traveller and/or members of their party do not report the damage at the latest on disembarkation and in the case of damage that is not immediately visible no later than 15 days after disembarkation. Written notification of the damage is not required if within the period prescribed the parties have jointly agreed the damage. (c)SCENIC shall not be liable for the loss of or damage to valuables (e.g. money, important documents, negotiable instruments, precious metals, gems, jewellery, artworks, photography and film equipment, portable video systems and mobile devices, such as laptops or tablets, together with the corresponding accessories, etc.) unless they were deposited for safekeeping during carriage. (5)Further SCENIC shall not be liable for defective performance, personal injury and/or property damage resulting from services provided by third parties which are not part of the contractual travel services. Such services are bought-in services, where we act merely as agent, or are operated by independent third parties, such as, for example, the provision of goods and services (e.g. excursions, sporting events, exhibitions, visits) during the cruise and as such can be identified by passengers as evidently not part of SCENIC’s travel services. This shall not apply where these third parties must be qualified as SCENIC’s vicarious agents or SCENIC creates the impression that it is the operator of the services provided by the third parties. SCENIC shall be liable however if and to the extent that the damage sustained by the passenger is caused by the breach of notification, information or organisation duties incumbent on us. (6) See also "Communication for international travel passengers on limitation of liability" and "Information on limitations of liability for luggage”. In addition, in relation to all flights offered the general and special terms and conditions of carriage of the carrying airline apply. (7)SCENIC recommends that in their own interest travellers should take out travel accident insurance and luggage insurance. 16 LIMITATION PERIOD The rights of a passenger provided for in section 651i of the German Civil Code, entitling him to bring claims in relation to travel services not in conformity with the contract, become time barred after two years; such period to begin on the date on which the booked travel was contractually due to end. 17 SHIP RULES, EXCURSIONS, LUGGAGE, ADDITIONAL RULES (1) Instructions by the captain For the comfort and safety of travellers, the instructions of the captain, the discovery team (on discovery tours) and the cruise director must be complied with at all times. In the event that a traveller refuses to comply with the instructions of the captain, the discovery team, the cruise director, another member staff or a service provider, SCENIC