apply in relation to the traveller (e.g. dual nationality, stateless person, previous passport entries). Other EU nationals and nationals of other States should contact SCENIC or the consulate responsible for them. (3) SCENIC shall inform the traveller of the general passport and visa requirements and the health formalities of the destination country, including the approximate time to obtain any necessary visa, before entering the contract as well as of amendments that are possible before the start of travel. (4) The traveller himself shall be responsible for obtaining and carrying the necessary travel documents (e.g. visas, vaccination certificates), any necessary vaccinations and complying with customs and foreign exchange provisions unless SCENIC has expressly undertaken to obtain visas, certificates, etc. The traveller shall bear all disadvantages, in particular the payment of cancellation fees as well as fines, penalties and expenses, that arise from non-compliance with these provisions, except where they result from the culpable provision of incorrect information or a culpable omission to provide information on the part of SCENIC. The traveller must reimburse SCENIC immediately for any amounts that it must pay or deposit in this connection. (5) In the event of an infringement of or non-compliance with passport, visa, health or other entry requirements, in particular also by a failure to provide manifest data on time, SCENIC shall be entitled to deny carriage to the traveller and to claim the corresponding standardised compensation specified in clause 10 of these terms and conditions. In this case, the traveller shall have the right to prove to SCENIC that no loss has occurred or that the loss sustained does not correspond to the amount claimed. (6) SCENIC recommends that minors travelling without their parents should carry with them a written declaration of consent from their parents. In many countries restrictions apply or embarkation may be denied if no such document can be produced. The declaration of consent should be written and certified in English, as a minimum, and, as a precaution, also in the language of the countries to be visited. The traveller himself shall be responsible for contacting the relevant embassies for information. 20 IDENTITY OF THE OPERATING AIRLINE SCENIC or its agents will inform the traveller of the identity of the operating airline(s) for all flights to be provided as part of the tour if SCENIC arranges the flights for travellers. The EU Regulation on informing passengers of the identity of the operating air carrier (Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier) requires SCENIC to inform the passenger at the time of reservation of the identity of the relevant operating airline in relation to each flight to be provided during the booked tour. If at the time of reservation the operating carrier has not yet been determined, SCENIC is required to inform the passenger of the airline(s) that are likely to operate the flight. As soon as SCENIC knows which airline will operate the flight, it must inform the passenger thereof. If the airline which was notified to the passenger as the operating airline changes, SCENIC must inform the passenger of this change. SCENIC must immediately take all appropriate steps to ensure that the passenger is informed of the change as soon as possible. The list of airlines subject to an operating ban in the EU (“the Community list”, previously known as a “blacklist”) is available via the following link: https://ec.europa.eu/transport/modes/air/safety/air-ban_en 21 DATA PROTECTION SCENIC handles the data of its travellers responsibly. The personal data that you provide to SCENIC are processed electronically, stored and used exclusively in accordance with the statutory data protection rules and the European General Data Protection Regulation (GDPR) to the extent that this is necessary for the performance of the contract, the operation of the tour, customer service or compliance with statutory provisions. Employees and representatives of SCENIC are required to observe data protection rules. The data protection law applicable grants travellers the following rights against SCENIC in connection with the processing of their personal data: Right of access by the data subject (Article 15 of the GDPR), right to rectification (Article 16 of the GDPR), right to erasure (Article 17 of the GDPR), right to restriction of processing (Article 18 of the GDPR), notification obligation regarding rectification or erasure of personal data or restriction of processing (Article 19 of the GDPR), right to data portability (Article 20 of the GDPR), right to withdraw the consent given (Article 7(3) of the GDPR) and right to lodge a complaint with a supervisory authority (Article 77 of the GDPR). Where travellers have questions concerning data protection, they may contact our data protection officer by email: cruises@scenic.eu, Data Protection Officer, Mark Feuz, Scenic Cruises International GmbH, Wallbrunnstrasse 24, 79539 Lörrach, Germany. Comprehensive information on the nature, scope and purposes of the collection, processing and use of your personal data and on your rights is available at www.scenic.eu. 22 DISPUTE SETTLEMENT PROCEDURES The European Commission provides a platform for out-of-court online dispute resolution (ODR platform) which can be accessed under www.ec.europa.eu/ consumers/odr However, SCENIC is not obliged to participate in this procedure and does not participate in dispute resolution procedures provided by a consumer arbitration service. 23 FINAL PROVISIONS, APPLICABLE LAW, JURISDICTION (1 The laws of the Federal Republic of Germany with the exception of UN sales law (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980) shall govern these terms and conditions of travel. For travellers who are regarded as consumers this choice of law also applies provided that this does not deprive the traveller of the protection afforded by mandatory provisions of the law of the country in which he has his habitual residence. (2) Disputes arising in relation to registered traders, persons who do not have a general place of jurisdiction in the Federal Republic of Germany, persons for whom, after the contract has been entered, their domicile or place of habitual residence is unknown at the date the action is lodged and actions where SCENIC is the defendant are subject to the jurisdiction of the courts in Lörrach. Both stipulations shall apply unless mandatory provisions of international conventions provide otherwise. (3) For the remainder, unless otherwise agreed in these terms and conditions of travel, the statutory rules shall apply. (4) The invalidity and/or ineffectiveness of individual provisions of the travel contract and/or these terms and conditions of travel shall not result in the invalidity and/or ineffectiveness of the travel contract or the terms and conditions of travel as a whole. Date of publication: May 2023 For more information please contact your local travel agent or visit emeraldcruises.eu BACK TO CONTENTS 115
RkJQdWJsaXNoZXIy OTQ5NjY=