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Conditions of Travel – nicko cruises Flussreisen GmbH (Kopie 1)

Dear customers,
insofar as they are effectively agreed, the following provisions shall constitute the content of the travel contract arising between the customer and the company “nicko cruises Flussreisen GmbH” – hereinafter abbreviated as “nc”. They supplement and implement the statutory regulations of §§
651 a to m of the German Civil Code (BGB) and the information duties facing tour operators in accordance with §§ 4 to 11 of the Civil Code’s ordinance on the requirement to provide information and supporting documents in civil law (BGB-InfoV). For these reasons, please read these Conditions of
Travel carefully before booking! Although the utmost of care was exercised in translating these Conditions of Travel into English, attention is expressly drawn to the fact that only and exclusively the German version entitled “Reisebedingungen nicko cruises Flussreisen GmbH” is legally binding.

1. Formation of the travel contract, obligations on the customer
1.1. The following shall apply for all types of booking:
a) The basis for the offer made by nc and of the booking made by the customer are the description of the ships, the cabins, the cruise route and the supplementary information contained in the booking material (catalogue, advertisements, brochures, internet), insofar as these are available to the customer when booking.
b) Travel agents and booking offices are not authorised by nc to reach any agreements, provide any information or make any assurances which alter the agreed content of the travel contract, or which go beyond or contradict either the description of the tour as advertised and/or the services contractually promised by nc. This shall apply especially to advertisements and brochures not directly published by nc itself.
c) The customer making the booking shall be liable for the contractual obligations of fellow travellers for whom he/she makes the booking to the same degree as for his/her own, insofar as he/she has assumed such obligation by means of express and separate declaration.
1.2. The following shall apply for bookings made by phone, postal letter, e-mail or fax: In submitting the booking, the customer offers nc the formation of a binding travel contract. The contract shall become effective upon receipt of the confirmation of booking (declaration of acceptance) issued by nc.
1.3. In the case of bookings made via the nc internet presence, the following shall apply for the formation of the contract:
a) The online booking process shall be explained to the traveller by nc as part of the internet presence in question. A correction option, the use of which is also explained, is available for the customer to correct input and/or to delete or reset the entire online booking form.
b) By clicking the “book and pay” button (graphic interface), the customer offers nc the formation of a binding travel contract. Receipt of the traveller’s booking will be confirmed immediately by electronic means.
c) Transmission of the booking offer by means of clicking the “book and pay” button shall not constitute any right or claim on the part of the customer to the realisation of a travel contract in accordance with his/her booking submissions. nc is far more at liberty to decide to accept or not to accept the customer’s contract offer.
d) The contract shall become effective upon receipt by the customer of the booking confirmation issued by nc.

2. Payment
2.1. Subsequent to the formation of the contract and the issuance of a secured payment certificate in terms of § 651 k BGB, a deposit amounting to 20% of the travel price and the insurance premiums for travel insurance taken out shall become due for payment. The balance payment shall be due 30 days before the start of the trip, insofar as the secured payment certificate has been issued and the tour can no longer be cancelled for the reason indicated in Section 6.1.
2.2. Should the customer fail to pay the deposit and/or the balance payment within the agreed due dates for payment, although nc is willing and able to properly provide the contractual services and no statutory or contractual right of retention on the part of the customer exists, nc shall be entitled, after issuing a reminder with deadline, to withdraw from the travel contract and to charge cancellation fees to the customer in terms of Section 4. of these Conditions of Travel.


3. Price adjustment
3.1. nc reserves the right to alter the price agreed in the travel contract in the event of an increase in transportation costs or in duties for specific services such as port fees or airport taxes or a change in the currency exchange rates for the trip in question, all in accordance with the following provisions:
3.2. An increase in the tour price is only permissible insofar as more than 4 months shall lie between the formation of the contract and the agreed date of travel, and the circumstances leading to the increase had not yet occurred prior to the formation of the contract and were not foreseeable for nc when the contract was formed.
3.3. In the event of an increase in the transportation costs, especially fuel costs, which applied when the travel contract was formed, nc is entitled to increase the tour price in accordance with the following calculation:
a) In the case of an increase relating to or based on individual seats, nc is entitled to claim the increase amount from the customer.
b) Otherwise, the additional transportation costs demanded by the transport company for each conveyance shall be divided by the number of seats in the agreed conveyance. nc is entitled to claim from the customer the resulting increased amount for an individual seat.
3.4. In the event of an increase in duties such as port fees or airport taxes faced by nc when the travel contract was formed, it is permissible for the tour price to be priced up by the corresponding proportionate amount.
3.5. In the case of a change in the currency exchange rates occurring after formation of the travel contract, the tour price may be increased to the extent that the tour has become more expensive for nc.
3.6. In the event of a subsequent change to the tour price, nc must inform the customer of the reason for the change immediately upon gaining knowledge of the same. Price increases are only permissible if communicated to the customer no later than the 21st day before the date of travel. Where price increases of more than 5% are involved, the customer is entitled to withdraw without charge from the travel contract or to demand inclusion in a trip of at least equal value, if and when nc is in a position to provide such a trip from amongst its offers without additional expense for the customers. The customer must assert the aforementioned rights over against nc immediately upon being informed by nc of the price increase.


4. Withdrawal by the customer before the date of travel / cancellation fees
4.1. The customer is entitled to withdraw from the trip at any time before the start of the tour. Withdrawal must be communicated to nc at the address given below. In the event of a trip having been booked via a travel agency, the withdrawal may also be communicated to that agency. Customers are strongly advised to submit their withdrawal in writing.
4.2. If a customer withdraws before the start of the trip or does not take part in the trip (no-show), nc no longer has any claim to the price for the trip. In lieu thereof, nc is entitled to claim appropriate compensation for travel arrangements made up to the point of withdrawal and for its expenses subject to the respective cost of travel, insofar as it was not responsible for the withdrawal and no case of force majeure is involved.
4.3. In calculating the compensation, nc has taken into consideration expenditure generally saved and generally possible alternative assignments of the travel services. The compensation is calculated as follows in accordance with the time when communication of withdrawal is received from the customer:
a) Trips from the main catalogue, trips with no special labelling
up to 120 days10%
between 119 days and 60 days: 20%
between 59 days and 30 days: 40%
between 29 days and 15 days: 60%
between 14 days and 1 day: 80%
on the day of travel / no-show: 90%
b) Special offer trips at special prices (with “special offer trip” labelling)
up to 120 days: 20%
between 119 days and 60 days: 30%
between 59 days and 30 days: 50%
between 29 days and 15 days: 70%
between 14 days and 1 day: 85%
on the day of travel / no-show: 90%
c) Cancellation of individual beds (individual travellers) in double-bed or multi-bed cabins (trips from the main catalogue)
up to 120 days: 40%
between 119 days and 15 days: 60%
between 14 days and 1 day: 80%
on the day of travel / no-show: 90%
d) Cancellation of individual beds (individual travellers) in double-bed or multi-bed cabins (special offer trips)
up to 120 days: 50%
between 119 days and 15 days: 70%
between 14 days and 1 day: 85%
on the day of travel / no-show: 90%

4.4. In each case, the customer is at liberty to furnish nc with evidence that no damages or only significantly lesser damages than the fixed rate demanded were incurred.
4.5. nc reserves the right to demand higher concrete compensation in place of the above-mentioned fixed rates, insofar as nc shall furnish evidence that expenses were incurred which were significantly higher than the respectively applicable fixed rate. In this case, nc is under obligation to precisely specify and provide evidence for the amount of compensation claimed, taking into account expenditure saved and any possible alternative assignment of the travel services.
4.6. The statutory right of the customer to provide a substitute participant in terms of § 651 b BGB shall remain unaffected by the above-mentioned provisions. In addition to the concrete extra costs incurred and presented by the service providers (e.g., hotels, airlines) for booking a substitute participant, nc shall charge a fixed fee of € 50 for the additional administrative costs incurred by nc. Section 4.4. shall apply accordingly.


5. Rebooking / booking changes
5.1.
Once the contract has been formed, the customer has no entitlement to changes with regard to the date of the trip, the destination, the place where he/she joins the trip, the accommodation or the mode of transport (rebooking). Should the customer nevertheless wish for rebooking to be undertaken, nc is entitled to charge a rebooking fee for each rebooking transaction made before the start of the trip. Insofar as no other agreement has been reached in any given case prior to confirmation of the rebooking, the rebooking fee shall amount to the sums listed in the following chart:
a) Trips from the main catalogue, trips with no special labelling                      Fee per person
up to 90 days                                                                                                                               €    50
between 89 and 60 days                                                                                                             €  100
between 59 days and the day of travel                                                                                       €  150
b) Special offer trips at special prices (with “special offer trip” labelling)         Fee per person
up to 90 days                                                                                                                               €  100
between 89 and 60 days                                                                                                             €  200
between 59 days and the day of travel                                                                                       €  300
This shall not apply to rebooking requests from which only minor costs arise. Cabin numbersallocated earlier cannot be taken into account when rebooking.
5.2. Should a customer, for reasons to be ascribed to the customer himself/herself (e.g., due to early return or for other compelling reasons), fail to utilise individual travel services properly offered to him/her, he/she shall have no claim to proportional reimbursement of the price for the trip. nc shall endeavour to seek reimbursement of the expenditure saved over against the service providers. This obligation shall be waived if and when the services involved are wholly negligible or if reimbursement is in contravention of statutory or official regulations.


6. Withdrawal due to failure to achieve the minimum number of participants
6.1.
In the event of failure to achieve the minimum number of participants, nc is entitled to withdraw in accordance with the following regulations:
a) The minimum number of participants and the latest possible deadline for withdrawal by nc must be stated in the concrete travel description or – in the case of standardised regulations for all trips or for certain categories of trips – in a general catalogue reference or in a general description of services.
b) nc must state the minimum number of participants and the latest possible deadline for withdrawal in the booking confirmation or make reference therein to the relevant specifications in the travel brochure.
c) nc has an obligation towards travellers to inform them immediately of the cancellation of a trip as soon as it has been established that a trip will not be implemented due to failure to achieve the minimum number of participants.
d) Withdrawal on the part of nc is not permissible later than 30 days before the start of a trip.
6.2. In the event of such cancellation, the customer is entitled to demand inclusion in another trip of at least equal value, if and when nc is in a position to provide such a trip from amongst its offers without additional expense for the customer. The customer must assert this right over against nc immediately upon being informed by nc of the cancellation of the trip.


7. Customers’ obligation to report deficiencies; termination of the travel contract by the customer due to deficiencies; loss of luggage; information on consumer dispute resolution
7.1. Travellers are under obligation to report immediately any deficiencies occurring to the local representatives of nc (tour manager, agency) and to demand remedial action. Travellers’ claims shall lapse unless it is through no fault of their own that they have failed to meet travellers’ responsibility to lodge such complaint.
7.2. Tour managers, agencies and service providers’ staff are neither entitled nor authorised by nc to confirm deficiencies or to accept claims against nc.
7.3. In the event of deficiencies in a tour having a significantly negative impact on the tour, the customer / traveller is entitled to terminate the contract. The same shall apply if and when he/she cannot – with good cause identifiable by nc and resulting from such deficiency – be reasonably expected to undertake the trip. Such termination is only acceptable if nc or – insofar as appointed and contractually agreed as contact(s) – their representatives (tour manager, agency) have allowed a deadline set by the customer / traveller to expire without undertaking remedial action. The setting of a deadline is not necessary if remedial action is impossible or is refused by nc or its representatives or if the immediate termination of the contract is justified by a special interest on the part of the traveller.
7.4. In the event of loss and/or delay of luggage, any damage or delay in delivery of luggage when flying must be reported by the traveller immediately and on the spot by submitting notice of damage or loss to the airline concerned. Airlines have the right to refuse to pay refunds if a notice of damage or loss has not been filled out. Furthermore, the loss, the damage or the misrouting of luggage must be reported to the tour management or to the local representatives of nc.
7.5. With regard to legislation on consumer dispute resolution, nc draws attention to the fact that, at the time of these Conditions of Travel going to print, substantial provisions of this legislation had not yet come into force. nc will not enter into voluntary consumer dispute resolution. Insofar as consumer dispute resolution should become compulsory for nc subsequent to these Conditions of Travel going to print, nc shall inform the consumer of the same in due form. For all travel contracts drawn up by means of electronic legal relations, nc refers customers to the European online dispute resolution platform http:// ec.europa.eu/consumers/odr/.


8. Limitation of liability
8.1.
The contractual liability borne by nc for damages not resulting from injury to life, limb or health, is limited to the threefold tour price,
a) insofar as the damages incurred by the customer were neither brought about wilfully nor as a result of gross negligence or
b) insofar as nc is responsible for damages incurred by the customer solely due to fault on the part of a service provider. Possible farther-reaching claims pursuant to the Montreal Convention and/or the Civil Aviation Act remain unaffected by this limitation of liability.


9. Exclusion of claims
9.1.
The customer must assert any claims for failure to effect the trip in terms of the contract within one month after the contractually scheduled date on which the trip was to end. This deadline period shall begin with the day following the day of the contractual end of the trip. In the event of the last day of the trip being a Saturday, a Sunday, or an officially recognised public holiday at the place of performance, then the next working day shall take the place of such a day.
9.2. The assertion can only be effected vis-àvis nc if this deadline is observed and the claim is directed to the address detailed below. The customer may only assert claims after the expiry of the deadline if he/she was prevented from observing the deadline through no fault of his/her own.
9.3. The deadline period in terms of Section 9.1. shall also apply for the reporting of damage to luggage or delays in delivering luggage for air travel, if and when warranty rights arising from §§ 651 c Section 3, 651 d, 651 e Sections 3 and 4 BGB are asserted. A compensation claim for damage to luggage must be asserted within 7 days, and a compensation claim for luggage delay within 21 days after delivery.


10. Statute of limitation
10.1.
Claims made by customers in terms of §§ 651 c to f BGB for injury to life, limb or health arising from wilful or negligent dereliction of duty by nc or a legal representative or vicarious agent of nc, shall lapse after two years. This shall also apply in the case of claims for compensation of other damages arising from wilful or grossly negligent dereliction of duty by nc or a legal representative or vicarious agent of nc.
10.2. All other claims in terms of §§ 651 c to f BGB shall lapse after one year.
10.3. The statute of limitations in terms of Sections 10.1 and 10.2 shall begin with the day following the day of the contractual end of the trip. In the event of the last day of the period being a Saturday, a Sunday, or an officially recognised public holiday at the place of performance, then the next working day shall take the place of such a day.
10.4. If negotiations are pending between the customer and nc with regard to a claim or to the circumstances legitimating a claim, then the limitation period shall be suspended until the customer or nc refuses to continue the negotiations. The limitation shall not occur any sooner than three months after the end of the suspension.


11. Obligation to provide information on the identity of the operating air carrier
11.1.
In accordance with the EU Regulation on informing air transport passengers of the identity of the operating air carrier, nc shall inform customers before booking or, at the latest, when booking, of the identity of the operating air carrier(s) in relation to all air transportation services involved in the trip booked.
11.2. In the event of the operating air carrier(s) not being known at the time of booking, nc is under obligation to name to the customer the airline or airlines expected to operate the flight. As soon as nc knows which airline will be operating the flight, it shall provide this information to the customer.
11.3. In the event of a change from the operating air carrier named to the customer as operating carrier, nc shall inform customers immediately – and as swiftly as is possible with commensurate means – of the change.
11.4. The “black list” (of airline companies prohibited from using the airspace over the member states) drawn up in conjunction with the EU Regulation can be consulted on the nc website or directly accessed via air-ban. europa.eu, and/or consulted in the business premises of nc.


12. Passport, visa and health requirement
12.1.
Prior to formation of the contract, nc shall inform national subjects of European Union member states in which the trip is advertised and offered, of regulations relating to passport, visa and health requirements as well as of any changes which may occur to these prior to the start of the trip. Information for subjects of other national states may be obtained from the respective consulate. This is based on the assumption that there are no anomalies in relation to the person of the customer or of possible fellow travellers (e.g., dual citizenship, stateless persons).
12.2. The customer shall be responsible for securing and carrying the officially required travel documents, for such inoculations as may be needed, and for compliance with customs and foreign currency regulations. Disadvantages arising out of failure to observe these regulations, e.g. the payment of cancellation costs, shall be borne by the customer. This shall not apply, if and when nc has failed to give information or has given inadequate or false information.
12.3. nc shall not accept any liability for the punctual issuing and receipt of the necessary visa from the respective diplomatic mission, should a customer have assigned nc with the procurement of the same, unless nc shall have culpably neglected its own duties.


13. Choice of law and jurisdiction clause
13.1.
For customers / travellers, who are neither national subjects of a European Union member state nor Swiss citizens, it is agreed that the entire legal and contractual relationship between the customer/ traveller and nc shall be subject exclusively to German law. Such customers / travellers may only institute proceedings against nc at the seat of nc.
13.2. For proceedings instituted by nc against customers and/or contractual partners of the travel contract who are merchants, juristic persons under public or private law or persons who are resident abroad, or whose place of residence or habitual abode is unknown at the time of instituting proceedings, the seat of nc is agreed as the place of jurisdiction.

 

Tour operator:
nicko cruises Flussreisen GmbH

Mittlerer Pfad 2 · 70499 Stuttgart · Germany
T +49 (0) 711 24 89 80 0
F +49 (0) 711 24 89 80 77
info@nicko-cruises.de
www.nicko-cruises.com

District Court Stuttgart – Bad Cannstatt
Company Register No.: HRB 753521
Chief Commercial Officer: Guido Laukamp
Chief Financial Officer: Carsten Keil
These Conditions replace all previous versions.
Last revised: June 2016