(2) Changes to travel services to the services contractually agreed that become necessary after entering the contract are permitted. This applies in particular but is not limited to changes resulting from the particular characteristics of shipping. This is conditional on the changes being insignificant within the meaning of section 651f, subsection 2, of the German Civil Code, SCENIC not acting in bad faith in their introduction, and the changes being reasonable and not affecting the overall design or the overall character of the booked travel. The same applies in particular also to changes to sailing times and port stays and/ or to routes (in particular for safety or weather reasons), which are a matter exclusively for the captain responsible for the vessel to decide. This shall be without prejudice to any warranty claims of the traveller. SCENIC and/or its agents shall inform the traveller of such a change to the services in a clear, comprehensible and prominent manner on a durable medium (e.g. by letter, fax or email) without delay on becoming aware of the reason necessitating the change and before the start of travel, as provided for in section 651f, subsection 2, of the German Civil Code. If objections to the changes are raised, the booking advice shall prevail. (3) If after entering the contract SCENIC can provide the travel only with a significant alteration to one of the main characteristics of the travel services or cannot meet special requirements requested by the passenger which have become contractually agreed, SCENIC is entitled before the start of the travel to propose to the customer a corresponding contractual change or, at its discretion, to offer the customer an alternative tour (substitute travel) (section 651g of the German Civil Code). SCENIC may, before the start of the travel, require the traveller within a reasonable period specified to accept the significant variations to the contract or to terminate the contract without paying a cancellation fee. In the notification of the changes, SCENIC shall expressly draw the traveller’s attention to this deadline. The traveller may respond to the notification by either accepting the contractual change, requesting to participate in substitute travel, where this was offered to him, or terminating the contract without a fee. If the traveller does not respond or does not respond within the specified period, the amendment notified is deemed accepted. This shall be without prejudice to any warranty claims, however, if the amended services are not in conformity with the contract. (4) The traveller must be bear and/or reimburse any additional expenses arising by reason of a quarantine beyond the scope of SCENIC’s responsibility. (5) Please note that the allocation of seats by airlines is limited by the number of seats available in each category. Airlines accept changes to advance seat reservations until shortly before departure. Further, seat reservations are possible, at the earliest, when flight times have been published. In addition, in accordance with official safety rules, certain seats, in particular those in the emergency exit rows with greater legroom (XL seats), cannot be reserved for all categories of traveller. 7 CHANGES TO THE TRAVEL ROUTE (1) Following the start of travel, SCENIC shall inform travellers without undue delay within a reasonable period of any changes to the route of their ocean or river cruise (hereinafter both ocean cruises and river cruises are referred to as a “cruise”). (2) Circumstances that can result in a change to the travel route or cruise, in particular for safety or weather reasons, are, for example, high or low water levels in a waterway or port, ports or locks that are closed, storms, storm warnings and unforeseen circumstances beyond the control of SCENIC. Changes to the travel route or cruise may, in addition, include: (a) the use of substitute vessels for part or all of the cruise; (b) cabin changes on a vessel; 8 PRICE CHANGES (1) SCENIC reserves the right to change the price stated and confirmed in the booking subject to the following conditions. (a) The period between the date the contract was entered and the agreed date of travel 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 For more information please contact your local travel agent or visit emeraldcruises.eu BACK TO CONTENTS 111
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