nicko cruises Schiffsreisen GmbH travel terms and conditions

1. CONCLUSION OF THE PACKAGE TRAVEL CONTRACT; OBLIGATIONS OF THE CUSTOMER; NOTE ON THE RIGHT OF WITHDRAWAL
1.1. All booking channels are subject to the following provisions:
a) The basis of the offer by nc and the booking by the customer are the travel description and the supplementary information provided by nc for each trip, insofar as they are available to the customer at the time of booking.
b) Travel agents and booking offices are not authorised by nc to enter into agreements, provide information or make assurances that amend the agreed content of the package travel contract, or which go beyond or contradict the travel description or the services contractually agreed by nc.
c) Information in hotel guides and similar directories not published by nc are not binding for nc and the performance obligation of nc unless they become the content of nc’s performance obligation by express agreement with the customer.
d) If the content of nc’s travel confirmation differs from the content of the booking, this shall constitute a new offer by nc to which nc shall be bound for a period of 3 working days. The contract shall be concluded on the basis of this new offer insofar as nc has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the customer declares acceptance to nc by means of an express declaration or down payment within the commitment period.
e) The information nc provides about essential characteristics of the travel services, the cruise fare and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (pursuant to Article 250 section 3 no. 1, 3 to 5 and 7 of the Introductory Act to the German Civil Code (EGBGB)) shall not become part of the package travel contract only if this has been expressly agreed between the Parties.
f) The customer is liable for all contractual obligations of fellow travellers for whom he/she makes the booking as for his/her own, insofar as he/she has assumed a corresponding obligation by express and separate declaration.
1.2. Bookings made orally, by telephone, in writing, by e-mail, text message or by fax shall be subject to the following provisions:
a) With the booking the customer makes a binding offer to nc for the conclusion of the package travel contract. The customer is bound to the booking for 3 working days.
b) The contract comes into effect upon receipt of the travel confirmation (declaration of acceptance) by nc. On or immediately after conclusion of the contract nc shall send the customer a travel confirmation in accordance with statutory requirements on a durable storage medium (which enables the customer to keep or store the declaration unchanged in such a way that it is accessible to him/her within a reasonable period of time, e.g. on paper or by e-mail), unless the traveller is entitled to a travel confirmation in paper form pursuant to Art. 250 section 6 (1) sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside business premises.
1.3. For bookings in electronic business transactions (e.g. internet, app, telemedia) conclusion of the contract shall be subject to the following provisions:
a) The customer will receive an explanation of the electronic booking procedure in the corresponding nc application.
b) The customer is provided with a correction option to correct entries, delete or reset the entire booking form, with its use being explained.
c) The contract languages offered for performing the online booking are indicated. Only the German language is legally authoritative.
d) Insofar as the contract text is stored by nc in the online booking system, the customer will be informed of this and of the option of retrieving the contract text at a later date.
e) By pressing the button “book with obligation to pay” the customer offers nc the binding conclusion of the package travel contract. The customer shall be bound by this contractual offer for three working days after the electronic declaration is sent.
f) The customer will promptly receive an electronic confirmation that their booking has been received.
g) The transmission of the booking by pressing the button “book with obligation to pay” does not entitle the customer to conclude a package travel contract in accordance with his/her booking details. nc is instead free to decide whether or not to accept the customer’s contract offer.
h) The contract comes into effect by the customer receiving the travel confirmation from nc. i) If immediately after the customer has made the booking by pressing the button “book with obligation to pay” the travel confirmation occurs by corresponding immediate display of the travel confirmation on the screen (booking in real time), the package travel contract shall be concluded upon receipt and display of this travel confirmation by the customer on the screen, without the need for any intermediate notification of receipt of the customer’s booking pursuant to f), insofar as the customer is offered the option to store the travel confirmation on a durable storage medium and to print it out. However, the binding nature of the package travel contract is not dependent on the customer actually using these storage or printing options. nc will also send the customer a copy of the travel confirmation in text form.
1.4. nc points out that in accordance with statutory provisions (section 312 (7) of the German Civil Code (BGB)), there is no right of withdrawal for package travel contracts pursuant to section 651a and section 651c BGB that have been concluded at a distance (letters, catalogues, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting, telemedia and online services), but only the statutory rights of rescission and termination, in particular the right of rescission in accordance with section 651h BGB (see also section 5). However, there is a right of withdrawal if the contract for travel services has been concluded outside business premises in accordance with section 651a BGB, unless the oral negotiations on which the conclusion of the contract is based have been conducted based on the consumer’s prior order; in the latter case, there is also no right of withdrawal.
2. PAYMENT
2.1. nc and travel agents may only demand or accept payment of the cruise fare before the end of the package trip if a valid insurance contract exists and the customer has been given the secured payment certificate with the name and contact details of the insurer in a clear, comprehensible and prominent manner. Once the package travel contract has been concluded, a deposit of 20% of the cruise fare is due in return for the secured payment certificate. The remaining payment is due 30 days before departure, provided that the secured payment certificate has been handed over and the trip can no longer be cancelled for the reason stated in section 8. For bookings made less than 30 days before the start of the trip, the entire cruise fare is payable immediately.
2.2. If the customer does not make the down payment and/or the final payment in accordance with the agreed payment due dates, although nc is ready and able to duly provide the contractual services, has fulfilled its statutory information obligations and no legal or contractual right of set-off or retention exists on the part of the customer, and if the customer is responsible for the default in payment, then nc is entitled to rescind the package travel contract after issuing a reminder with a deadline and to charge the customer rescission costs in accordance with section 5.
3. CHANGES TO THE CONTENTS OF THE CONTRACT BEFORE THE START OF THE TRIP THAT DO NOT AFFECT THE CRUISE FARE
3.1. Deviations of essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and which nc has not brought about in bad faith, shall be allowed to nc before the start of the trip, insofar as the deviations are insignificant and do not affect the overall nature of the trip.
3.2. nc is obligated to inform the customer of changes to services immediately after becoming aware of the reason for the change on a durable storage medium (e.g. also by e-mail, SMS or voice message) in a clear, comprehensible and prominent manner.
3.3. In the event of a significant change to an essential characteristic of a travel service or a deviation from special requirements of the customer which have become part of the package travel contract, the customer is entitled to either accept the change or withdraw from the contract free of charge within a period specified by nc at the same time as the notification of the change. If the customer does not expressly declare rescission from the package travel contract to nc within the period stipulated by nc the change is deemed to have been accepted. 3.4. Any warranty claims shall remain unaffected insofar as the modified services are defective. Should nc incur lower costs for carrying out the modified trip or any substitute trip that may be offered at the same quality at the same price, the customer is to be reimbursed the difference in accordance with section 651m (2) BGB.
4. PRICE INCREASE; PRICE REDUCTION
4.1. nc reserves the right, in accordance with section 651f, 651g BGB and the following provisions, to increase the cruise fare agreed in the package travel contract, insofar as
a) an increase in the price of passenger transport due to higher costs for fuel or other energy sources,
b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or
c) a change in the exchange rates applicable to the relevant package trip directly affects the cruise fare.
4.2. An increase in the cruise fare is only permissible insofar as nc informs the traveller clearly and comprehensibly in text form about the price increase and the reasons for it, while communicating the calculation of the price increase.
4.3. The price increase is calculated as follows:
a) In the event of an increase in the price for the carriage of passengers in accordance with 4.1a) nc may increase the cruise fare in accordance with the following calculation: · In the case of an increase in the price of a seat, nc may demand the amount of the increase from the customer. · Otherwise, the increased cost of fuel or other energy sources claimed by the carrier per means of transportation on a pro rata basis by nc shall be divided by the number of persons transported. nc may thus request that the customer pay the amount of the increase thus resulting for each person transported.
b) In the event of an increase in taxes and other charges pursuant to 4.1b), the cruise fare may be increased by the corresponding pro rata amount.
c) In the event of an increase in exchange rates pursuant to 4.1c), the cruise fare may be increased to the extent that the trip has become more expensive for nc.
4.4. nc is obligated to grant the customer/traveller a reduction in the cruise fare at their request if and insofar as the prices, charges or exchange rates mentioned in 4.1a)–c) change after conclusion of the contract and before the start of the trip and this results in lower costs for nc. If the customer/ traveller has paid more than the amount due under this provision, the excess amount shall be refunded by nc. nc may, however, deduct from the excess amount to be refunded the administrative expenses actually incurred by nc. nc must prove to the customer/traveller at their request the amount of administrative expenses incurred.
4.5. Price increases are only permissible if the customer receives such notification by the 20th day prior to the start of the trip.
4.6. In the event of price increases of more than 8%, the customer is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period of time set by nc at the same time as the notification of the price increase. If the customer does not expressly declare rescission from the package travel contract to nc within the period stipulated by nc, the change is deemed to have been accepted.
5. RESCISSION BY THE CUSTOMER BEFORE THE START OF THE TRIP/CANCELLATION COSTS
 5.1. The customer may rescind the package travel contract at any time before the start of the trip. The rescission is to be declared to nc at the address given below; if the trip was booked through a travel agent, the rescission can also be declared to the agent. The customer is advised to declare the rescission in text form.
5.2. If the customer withdraws before the start of the trip or if the customer does not take part in the trip, then nc shall lose the claim to the cruise fare. Instead nc can demand reasonable compensation, insofar as nc is not responsible for the rescission. nc may not claim compensation to the extent that unavoidable and extraordinary circumstances arise at the destination or in its immediate vicinity which substantially affect the performance of the package holiday or the carriage of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
5.3. nc has set the following flat-rate compensation amounts, taking into account the period between the rescission declaration and the departure date, as well as expected savings on expenses and expected gains resulting from the sale of the travel services to other customers. Based on the date the rescission declaration was received, the compensation shall be calculated as follows with the respective cancellation scale:
a) Cruises listed in the main catalogue, cruises with no special designation and cruises falling under the following categories in b) to d)
up to 120 days before departure 10%;
119 days to 60 days before departure 20%;
 59 days to 30 days before departure 40%;
29 days to 15 days before departure 60%;
14 days to 1 day before departure 80%;
day of departure or no show 90% of the agreed cruise fare.
b) Promotional cruises at special prices (special designation: “promotional trip”)
 up to 120 days before departure 20%;
119 days to 60 days before departure 30%;
59 days to 30 days before departure 50%;
29 days to 15 days before departure 70%;
14 days to 1 day before departure 85%;
day of departure or no show 90% of the agreed cruise fare.
c) Cancellation of single beds (individual travellers) in double or multi-bed cabins (trips from the main catalogue)
up to 120 days before departure 40%;
119 days to 15 days before departure 60%;
14 days to 1 day before departure 80%;
day of departure or no show 90% of the agreed cruise fare.
d) Cancellation of single beds (single travellers) in double or multi-bed cabins (promotional trips)
up to 120 days before departure 50%;
119 days to 15 days before departure 70%;
14 days to 1 day before departure 85%;
day of departure or no show 90% of the agreed cruise fare.
5.4. In any case, the customer is at liberty to prove to nc that nc has not suffered any damage at all or that the damage is significantly lower than the flat-rate compensation charge requested by nc.
5.5. A flat-rate compensation charge pursuant to 5.3. shall be deemed not to have been fixed and agreed insofar as nc proves that nchas incurred significantly higher expenses than the calculated amount of the flat-rate charge that would have been applied. In this case nc is obligated to specifically quantify and justify the compensation demanded, taking into account the expenses saved and the acquisition of any other use of the travel services.
5.6. If nc is obligated to refund the cruise fare as a result of rescission, section 651 h (5) BGB shall remain unaffected.
5.7. The customer’s statutory right pursuant to section 651 e BGB to send a message to nc on a durable storage medium stating that a third party intends to assume the rights and obligations arising from the package travel contract in place of the customer, shall remain unaffected by the above conditions. Such a declaration shall be deemed to have been sent on time if nc receives it 7 days before the start of the trip. 5.8. It is strongly recommended that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.
6. BOOKING CHANGES
6.1. After conclusion of the contract the customer has no right to change the booking (changes with regard to the travel date, the travel destination, the place of departure, the accommodation, the type of catering, the mode of transport or other services). This shall not apply if the booking change is necessary because nc has provided no, insufficient or incorrect pre-contractual information to the traveller pursuant to Art. 250 section 3 EGBGB; in this case, the booking change is possible free of charge. In other cases, if a booking change is made at the customer’s request and the following deadlines are complied with nc is entitled to charge a booking change fee to the customer for each traveller to which the booking change pertains. Booking changes are only possible up to 60 days before departure. Unless otherwise agreed in individual cases prior to the booking change being confirmed, the booking change fee is as shown in the following table:
a) Trips from the main catalogue, trips without special designation Charge in euro per person Up to 90 days 50 89 to 60 days 100
b) Promotional trips at special prices (special designation: “promotional trip”) Charge in euro per person Up to 90 days 100 89 to 60 days 200 This shall not apply to rebooking requests that only incur minor costs. Previously confirmed cabin numbers cannot be retained when booking changes are made.
7. SERVICE NOT USED
If the traveller does not make use of individual travel services, which nc was willing and able to provide in accordance with the contract, for reasons for which the traveller is responsible, the traveller shall not be entitled to a pro rata refund of the cruise fare, unless such reasons would have entitled the traveller to rescind or terminate the travel contract free of charge in accordance with statutory provisions. nc will endeavour to obtain a refund for the saved expenses from the service providers. This obligation shall not apply to negligible services.
8. RESCISSION DUE TO FAILURE TO REACH THE MINIMUM NUMBER OF PARTICIPANTS
8.1. nc may rescind the contract if the minimum number of participants is not reached in accordance with the following provisions:
a) The minimum number of participants and the latest date of receipt of the rescission declaration by nc must be stated in the respective precontractual information documents.
b) nc must state the minimum number of participants and the latest rescission deadline in the travel confirmation.
c) nc is obligated to immediately declare the cancellation of the trip to the customer if it is determined that the trip will not be carried out due to the minimum number of participants not being reached.
d) It shall be impermissible for nc to rescind the contract later than 30 days before the start of the trip.
8.2. If the trip is not carried out for this reason, the customer will be refunded any payments made on the cruise fare without delay; section 5.6 applies accordingly.
9. OBLIGATIONS OF THE CUSTOMER/TRAVELLER
9.1. Travel documents The customer must inform nc or the travel agent through whom the customer has booked the package trip, if the customer does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period communicated by nc.
9.2. Notification of defects/seeking redress
a) If the trip is not provided free of travel defects, the traveller may seek redress.
b) Insofar as nc was not able to provide redress as a result of a culpable failure to report the defect, the traveller cannot assert claims for a reduction in price in accordance with section 651m BGB or claims for damages in accordance with section 651n BGB.
c) The traveller is obligated to immediately report the defect to the local nc representative. If a representative of nc is not available on site and there is no contractual obligation to provide such a representative, any travel defects are to be reported to nc at nc’s designated contact point; the availability of nc’s representative or its local contact point will be stated in the travel confirmation. However, the traveller may also bring the notice of defects to the attention of his/her travel agent through whom he/she booked the package trip.
d) The representative of nc is instructed to take remedial action, insofar as this is possible. However, he/she is not authorised to recognise claims.
9.3. Setting a deadline before termination If the customer/traveller wishes to terminate the package travel contract due to a travel defect of the type described in section 651i (2) BGB, insofar as it is substantial, in accordance with section 651l BGB, the customer shall give nc a reasonable period of time to remedy the situation. This shall only not apply if nc refuses to provide a remedy or if immediate remedy is necessary.
9.4. Damaged and delayed baggage when travelling by air; special rules and deadlines for seeking redress
a) The passenger is advised that lost, damaged and delayed baggage in connection with air travel must immediately be reported by the passenger to the relevant airline on the spot by means of a claim form (“P.I.R.”) in accordance with the provisions of aviation law. Airlines and nc may refuse refunds based on international agreements if the claim form has not been completed. In the event of damage to baggage, the claim must be filed within 7 days, in the event of delay within 21 days of delivery.
b) In addition, loss, damage or misrouting of baggage must immediately be communicated to nc, its representative or contact point or the travel agent. This shall not release the passenger from the obligation to notify the airline of the damage in accordance with a) within the above deadlines.
9.5. Obligation to follow the captain’s instructions The customer/traveller must follow the instructions given by the captain (shipmaster) on board the ship. This is a function of maritime safety regulations and the captain’s inherent domiciliary right. Section 14.3. applies accordingly.
10. LIMITATION OF LIABILITY
10.1. The contractual liability of nc for non-culpable damage not resulting from injury to life, limb or health is limited to three times the cruise fare. Any further claims under the Montreal Convention or the German Air Transport Act remain unaffected by this limitation of liability.
10.2. nc is not liable for disruptions to services, personal injury or damage to property in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services have been expressly identified as thirdparty services in the relevant service description and the relevant booking confirmation, stating the identity and address of the third-party contractual partner, in such a clear manner that the traveller can see that they are not part of the package trip of nc and the requirements of sections 651b, 651c, 651w and 651y of the German Civil Code (BGB) have been duly fulfilled in all other regards.
10.3. nc is liable, however, if and to the extent that a breach of information, explanation or organisational obligations on the part of nc has become the cause of the damage suffered by the traveller.
11. ASSERTION OF CLAIMS, ADDRESSEE
The customer/traveller must assert claims pursuant to section 651i (3) no. 2, 4–7 BGB against nc. The claim can also be asserted via the travel agent if the package trip was booked via this travel agent. The contractual claims listed in section 651i (3) BGB are subject to a limitation period of two years. The limitation period begins on the day on which the trip should end according to the contract. Asserting the claims in text form is recommended.
12. INFORMATION REQUIREMENTS ON THE IDENTITY OF THE OPERATING AIRLINE
12.1. Before or at the latest at the time of booking, nc shall inform the customer in accordance with the EU Regulation on informing air transport passengers of the identity of the operating air carrier about the identity of the operating airline(s) with regard to all air transport services to be provided as part of the booked trip.
12.2. If the operating airline(s) has/have not yet been determined at the time of booking, then nc is obligated to inform the customer of the airline or airlines that will probably operate the flight. As soon as nc knows which airline will be operating the flight, nc will inform the customer.
12.3. If the airline named to the customer as the operating airline changes, then nc will inform the customer of the change without delay and as soon as reasonably practicable.
12.4. The “Black List” (airlines banned from using the airspace above the Member States), drawn up in accordance with the EC Regulation, is available on nc’s website, or directly at https://transport. ec.europa.eu/transport-themes/eu-air-safetylist_ en or at nc’s offices.
13. PASSPORT, VISA AND HEALTH REQUIREMENTS
13.1. nc will inform the customer/traveller about general passport and visa requirements as well as health formalities of the destination country including the approximate periods for obtaining any necessary visas before conclusion of the contract as well as about any changes to these requirements before the start of the trip.
13.2. The customer is responsible for obtaining and carrying officially mandated travel documents, taking any necessary vaccinations and complying with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. payment of rescission costs, shall be borne by the customer/traveller. This shall not apply if nc has not provided information or has done so insufficiently or incorrectly.
13.3. nc shall not be liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission if the customer has commissioned nc with the procurement of such visas unless nc has culpably violated its own obligations.
14. SPECIAL PANDEMIC PROVISIONS
14.1. The Parties agree that nc will always provide the agreed travel services in cooperation with the service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.
14.2. The traveller agrees to observe reasonable usage regulations or restrictions of the service providers when using travel services and to notify the tour guide and the service provider immediately in the event of typical symptoms of illness occurring.
14.3. The above provisions shall not affect the customer’s rights set out in section 651i BGB.
15. DATA PROCESSING; ALTERNATIVE DISPUTE RESOLUTION; CHOICE OF LAW AND LEGAL VENUE
15.1. The data provided by the customer in the travel registration form shall be used by nc to book and process the trip and to send information and offers to the customer. In the case of travel abroad, the processing includes in particular the transmission of customer data to the service partners abroad. Customers can find out more about processing and storage as well as their rights as data subjects (in particular the right of access and the right to object) in nc’s privacy policy which is available at any time at www.nicko-cruises.de/en/data-protection or at the business premises of nc or which nc will gladly send to the customer.
15.2. nc points out with regard to the German Consumer Dispute Resolution Act that nc shall not participate in voluntary consumer dispute resolution. If a consumer dispute resolution procedure becomes obligatory for nc after these terms and conditions of travel go to print nc will inform consumers of this in an appropriate form. nc refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
15.3. For customers/travellers who are not citizens of a Member State of the European Union or Switzerland, it is hereby agreed that the entire legal and contractual relationship between the customer/traveller and nc shall be governed exclusively by German law. Such customers/ travellers can sue nc exclusively at nc’s domicile.
15.4. For lawsuits filed by nc against customers or contractual partners of the package travel contract who are merchants, public-law or private-law legal entities or persons whose place of residence or habitual abode is abroad, or whose place of residence or habitual abode is unknown at the time of filing suit, it is agreed that the legal venue shall be nc’s domicile.  

© Protected by copyright: TourLaw – Noll | Hütten | Dukic Attorneys at Law, München | Stuttgart, 2023

These terms and conditions replace all previous terms and conditions. Version of April 2023.
Separate terms and conditions apply to our ocean cruises.

1. CONCLUSION OF THE PACKAGE TRAVEL CONTRACT; OBLIGATIONS OF THE CUSTOMER; NOTE ON THE RIGHT OF WITHDRAWAL
1.1. All booking channels are subject to the following provisions:
a) The basis of the offer by nc and the booking by the customer are the travel description and the supplementary information provided by nc for each trip, insofar as they are available to the customer at the time of booking.
b) Travel agents and booking offices are not authorised by nc to enter into agreements, provide information or make assurances that amend the agreed content of the package travel contract, or which go beyond or contradict the travel description or the services contractually agreed by nc.
c) Information in hotel guides and similar directories not published by nc are not binding for nc and the performance obligation of nc unless they become the content of nc’s performance obligation by express agreement with the customer.
d) If the content of nc’s travel confirmation differs from the content of the booking, this shall constitute a new offer by nc to which nc shall be bound for a period of 3 working days. The contract shall be concluded on the basis of this new offer insofar as nc has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the customer declares acceptance to nc by means of an express declaration or down payment within the commitment period.
e) The information nc provides about essential characteristics of the travel services, the cruise fare and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (pursuant to Article 250 section 3 no. 1, 3 to 5 and 7 of the Introductory Act to the German Civil Code (EGBGB)) shall not become part of the package travel contract only if this has been expressly agreed between the Parties.
f) The customer is liable for all contractual obligations of fellow travellers for whom he/she makes the booking as for his/her own, insofar as he/she has assumed a corresponding obligation by express and separate declaration.
1.2. Bookings made orally, by telephone, in writing, by e-mail or by fax shall be subject to the following provisions:
a) With the booking the customer makes a binding offer to nc for the conclusion of the package travel contract. The customer is bound to the booking for 3 working days.
b) The contract comes into effect upon receipt of the travel confirmation (declaration of acceptance) by nc. On or immediately after conclusion of the contract nc shall send the customer a travel confirmation in accordance with statutory requirements on a durable storage medium (which enables the customer to keep or store the declaration unchanged in such a way that it is accessible to him/her within a reasonable period of time, e.g. on paper or by e-mail), unless the traveller is entitled to a travel confirmation in paper form pursuant to Art. 250 section 6 (1) sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside business premises.
1.3. For bookings in electronic business transactions (e.g. internet, app, telemedia) conclusion of the contract shall be subject to the following provisions:
a) The customer will receive an explanation of the electronic booking procedure in the corresponding nc application.
b) The customer is provided with a correction option to correct entries, delete or reset the entire booking form, and use of the correction option is explained.
c) The contract languages offered for performing the online booking are indicated. Only the German language is legally authoritative.
d) Insofar as the contract text is stored by nc in the online booking system, the customer will be informed of this and of the option of retrieving the contract text at a later date.
e) By pressing the button “book with obligation to pay” the customer offers nc the binding conclusion of the package travel contract. The customer shall be bound by this contractual offer for three working days after the electronic declaration is sent.
f) The customer will promptly receive an electronic confirmation of the booking being received.
g) The transmission of the booking by pressing the button “book with obligation to pay” does not constitute a claim of the customer to the conclusion of a package travel contract in accordance with his/her booking details. nc is instead free to decide whether or not to accept the customer’s contract offer.
h) The contract comes into effect by the customer receiving the travel confirmation from nc.
i) If immediately after the customer has made the booking by pressing the button “book with obligation to pay” the travel confirmation occurs by corresponding immediate display of the travel confirmation on the screen (booking in real time), the package travel contract shall be concluded upon receipt and display of this travel confirmation by the customer on the screen, without the need for any intermediate notification of receipt of the customer’s booking pursuant to f), insofar as the customer is offered the option to store the travel confirmation on a durable storage medium and to print it out. However, the binding nature of the package travel contract is not dependent on the customer actually using these storage or printing options. nc will also send the customer a copy of the travel confirmation in text form.
1.4. nc points out that in accordance with statutory provisions (section 312 (7) of the German Civil Code (BGB)), there is no right of withdrawal for package travel contracts pursuant to section 651a and section 651c BGB that have been concluded at a distance (letters, catalogues, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting, telemedia and online services), but only the statutory rights of rescission and termination, in particular the right of rescission in accordance with section 651h BGB (see also section 5). However, there is a right of withdrawal if the contract for travel services has been concluded outside business premises in accordance with section 651a BGB, unless the oral negotiations on which the conclusion of the contract is based have been conducted based on the consumer’s prior order; in the latter case, there is also no right of withdrawal.

2. PAYMENT
2.1. nc and travel agents may only demand or accept payment of the cruise fare before the end of the package trip if a valid insurance contract exists and the customer has been given the secured payment certificate with the name and contact details of the insurer in a clear, comprehensible and prominent manner. Once the package travel contract has been concluded, a deposit of 20% of the cruise fare is due in return for the secured payment certificate. The remaining payment is due 30 days before departure, provided that the secured payment certificate has been handed over and the trip can no longer be cancelled for the reason stated in section 8. For bookings made less than 30 days before the start of the trip, the entire cruise fare is payable immediately.
2.2. If the customer does not make the down payment and/or the final payment in accordance with the agreed payment due dates, although nc is ready and able to duly provide the contractual services, has fulfilled its statutory information obligations and no legal or contractual right of set-off or retention exists on the part of the customer, and if the customer is responsible for the default in payment, then nc is entitled to rescind the package travel contract after issuing a reminder with a deadline and to charge the customer rescission costs in accordance with section 5.

3. CHANGES TO THE CONTENTS OF THE CONTRACT BEFORE THE START OF THE TRIP THAT DO NOT AFFECT THE CRUISE FARE
3.1. Deviations of essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and which nc has not brought about in bad faith, shall be allowed to nc before the start of the trip, insofar as the deviations are insignificant and do not affect the overall nature of the trip.
3.2. nc is obligated to inform the customer of changes to services immediately after becoming aware of the reason for the change on a durable storage medium (e.g. also by e-mail, SMS or voice message) in a clear, comprehensible and prominent manner.
3.3. In the event of a significant change to an essential characteristic of a travel service or a deviation from special requirements of the customer which have become part of the package travel contract, the customer is entitled to either accept the change or withdraw from the contract free of charge within a period specified by nc at the same time as the notification of the change. If the customer does not expressly declare rescission from the package travel contract to nc within the period stipulated by nc the change is deemed to have been accepted.
3.4. Any warranty claims shall remain unaffected insofar as the modified services are defective. Should nc incur lower costs for carrying out the modified trip or any substitute trip that may be offered at the same quality at the same price, the customer is to be reimbursed the difference in accordance with section 651m (2) BGB.

4. PRICE INCREASE; PRICE REDUCTION
4.1. nc reserves the right, in accordance with section 651f, 651g BGB and the following provisions, to increase the cruise fare agreed in the package travel contract, insofar as
a) an increase in the price of passenger transport due to higher costs for fuel or other energy sources,
b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or
c) a change in the exchange rates applicable to the relevant package trip directly affects the cruise fare.
4.2. An increase in the cruise fare is only permissible insofar as nc informs the traveller clearly and comprehensibly in text form about the price increase and the reasons for it, while communicating the calculation of the price increase.
4.3. The price increase is calculated as follows:
a) In the event of an increase in the price for the carriage of passengers in accordance with 4.1a) nc may increase the cruise fare in accordance with the following calculation:nc may demand the amount of the increase from the customer. nc shall be divided by the number of persons transported. nc may thus request that the customer pay the amount of the increase thus resulting for each person transported.
b) In the event of an increase in taxes and other charges pursuant to 4.1b), the cruise fare may be increased by the corresponding pro rata amount.
c) In the event of an increase in exchange rates pursuant to 4.1c), the cruise fare may be increased to the extent that the trip has become more expensive for nc.
4.4. nc is obligated to grant the customer/traveller a reduction in the cruise fare at their request if and insofar as the prices, charges or exchange rates mentioned in 4.1a)–c) change after conclusion of the contract and before the start of the trip and this results in lower costs for nc. If the customer/ traveller has paid more than the amount due under this provision, the excess amount shall be refunded by nc. nc may, however, deduct from the excess amount to be refunded the administrative expenses actually incurred by nc. nc must prove to the customer/traveller at their request the amount of administrative expenses incurred.
4.5. Price increases are only permissible if the customer receives such notification by the 20th day prior to the start of the trip.
4.6. In the event of price increases of more than 8%, the customer is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period of time set by nc at the same time as the notification of the price increase. If the customer does not expressly declare rescission from the package travel contract to nc within the period stipulated by nc, the change is deemed to have been accepted.

5. RESCISSION BY THE CUSTOMER BEFORE THE START OF THE TRIP/CANCELLATION COSTS
5.1. The customer may rescind the package travel contract at any time before the start of the trip. The rescission is to be declared to nc at the address given below; if the trip was booked through a travel agent, the rescission can also be declared to the agent. The customer is advised to declare the rescission in text form.
5.2. If the customer withdraws before the start of the trip or if the customer does not take part in the trip, then nc shall lose the claim to the cruise fare. Instead nc can demand reasonable compensation, insofar as nc is not responsible for the rescission. nc may not claim compensation to the extent that unavoidable and extraordinary circumstances arise at the destination or in its immediate vicinity which substantially affect the performance of the package holiday or the carriage of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
5.3. nc has set the following flat-rate compensation amounts, taking into account the period between the rescission declaration and the departure date, as well as expected savings on expenses and expected gains resulting from the sale of the travel services to other customers. Based on the date the rescission declaration was received, the compensation shall be calculated as follows with the respective cancellation scale:
a) Trips from the main catalogue, trips without special designation (“my choice” rate)
up to 120 days before departure 10%;
119 days to 60 days before departure 20%;
59 days to 30 days before departure 40%;
29 days to 15 days before departure 60%;
14 days to 1 day before departure 80%;
day of departure or no show 90% of the agreed cruise fare.
b) Promotional cruises at special prices (special designation: “promotional cruise” or “nicko’s choice” rate)
up to 120 days before departure 20%;
119 days to 60 days before departure 30%;
59 days to 30 days before departure 50%;
29 days to 15 days before departure 70%;
14 days to 1 day before departure 85%;
day of departure or no show 90% of the agreed cruise fare.
c) Cancellation of single beds (individual travellers) in double or multi-bed cabins (trips from the main catalogue, “my choice” rate)
up to 120 days before departure 40%;
119 days to 15 days before departure 60%;
14 days to 1 day before departure 80%;
day of departure or no show 90% of the agreed cruise fare.
d) Cancellation of single beds (single travellers) in double or multi-bed cabins (promotional cruises or “nicko’s choice” rate)
up to 120 days before departure 50%;
119 days to 15 days before departure 70%;
14 days to 1 day before departure 85%;
day of departure or no show 90% of the agreed cruise fare.
5.4. In any case, the customer is at liberty to prove to nc that nc has not suffered any damage at all or that the damage is significantly lower than the flat-rate compensation charge requested by nc.
5.5. If nc is obligated to refund the cruise fare as a result of a rescission, section 651h (5) BGB shall remain unaffected.
5.6. The customer’s statutory right pursuant to section 651e BGB to send a message to nc on a durable storage medium stating that a third party intends to assume the rights and obligations arising from the package travel contract in place of the customer, shall remain unaffected by the above conditions. Such a declaration shall be deemed to have been sent on time if nc receives it 7 days before the start of the trip.
5.7. It is strongly recommended that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.

6. BOOKING CHANGES
6.1. After conclusion of the contract the customer has no right to change the booking (changes with regard to the travel date, the travel destination, the place of departure, the accommodation, the type of catering, the mode of transport or other services). This shall not apply if the booking change is necessary because nc has provided no, insufficient or incorrect pre-contractual information to the traveller pursuant to Art. 250 section 3 EGBGB; in this case, the booking change is possible free of charge.
6.2. At the customer’s request nc can check rebooking options. If nc performs rebooking, nc may charge the customer a rebooking fee per traveller affected by the rebooking, provided that the following deadline is met. Unless otherwise agreed in individual cases prior to the rebooking being confirmed, the rebooking fee is €200 per person up to 150 days before the start of the trip.
6.3. Rebooking requests made by the customer after the deadline as well as rebooking requests concerning specially designated promotional cruises at special prices (“nicko’s choice” rate) can only be carried out, if their implementation is possible at all, after rescission of the travel contract in accordance with section 5 under the terms and conditions and simultaneous re-registration. This shall not apply to rebooking requests that only incur minor costs.
6.4. Previously confirmed cabin numbers cannot be taken into account for rebookings.

7. SERVICE NOT USED
If the traveller does not make use of individual travel services, which nc was willing and able to provide in accordance with the contract, for reasons for which the traveller is responsible, the traveller shall not be entitled to a pro rata refund of the cruise fare, unless such reasons would have entitled the traveller to rescind or terminate the travel contract free of charge in accordance with statutory provisions. nc will endeavour to obtain a refund for the saved expenses from the service providers. This obligation shall not apply to negligible services.

8. RESCISSION DUE TO FAILURE TO REACH THE MINIMUM NUMBER OF PARTICIPANTS
8.1. nc may rescind the contract if the minimum number of participants is not reached in accordance with the following provisions:
a) The minimum number of participants and the latest date of receipt of the rescission declaration by nc must be stated in the respective pre-contractual information documents.
b) nc must state the minimum number of participants and the latest rescission deadline in the travel confirmation.
c) nc is obligated to immediately declare the cancellation of the trip to the customer if it is determined that the trip will not be carried out due to the minimum number of participants not being reached.
d) It shall be impermissible for nc to withdraw later than 30 days before the start of the trip.
8.2. If the trip is not carried out for this reason, the customer will be refunded any payments made on the cruise fare without delay; section 5.6 applies accordingly.

9. OBLIGATIONS OF THE CUSTOMER/ TRAVELLER
9.1. Travel documents
The customer must inform nc or the travel agent through whom the customer has booked the package trip, if the customer does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period communicated by nc.
9.2. Notification of defects/seeking redress
a) If the trip is not provided free of travel defects, the traveller may seek redress.
B) Insofar as nc was not able to provide redress as a result of a culpable failure to report the defect, the traveller cannot assert claims for a reduction in price in accordance with section 651m BGB or claims for damages in accordance with section 651n BGB.
c) The traveller is obligated to immediately report the defect to the local nc representative. If a representative of nc is not available on site and there is no contractual obligation to provide such a representative, any travel defects are to be reported to nc at nc’s designated contact point; the availability of nc’s representative or its local contact point will be stated in the travel confirmation. However, the traveller may also bring the notice of defects to the attention of his/her travel agent through whom he/she booked the package trip.
d) The representative of nc is instructed to take remedial action, insofar as this is possible. However, he/she is not authorised to recognise claims.
9.3. Setting a deadline before termination
If the customer/traveller wishes to terminate the package travel contract due to a travel defect of the type described in section 651i (2) BGB, insofar as it is substantial, in accordance with section 651l BGB, the customer shall give nc a reasonable period of time to remedy the situation. This shall only not apply if nc refuses to provide a remedy or if immediate remedy is necessary.
9.4. Damaged and delayed baggage when travelling by air; special rules and deadlines for seeking redress
a) The passenger is advised that lost, damaged and delayed baggage in connection with air travel must immediately be reported by the passenger to the relevant airline on the spot by means of a claim form (“P.I.R.”) in accordance with the provisions of aviation law. Airlines and nc may refuse refunds based on international agreements if the claim form has not been completed. In the event of damage to baggage, the claim must be filed within 7 days, in the event of delay within 21 days of delivery.
b) In addition, loss, damage or misrouting of baggage must immediately be communicated to nc, its representative or contact point or the travel agent. This shall not release the passenger from the obligation to notify the airline of the damage in accordance with a) within the above deadlines.
9.5. Obligation to follow the captain’s instructions
The customer/traveller must follow the instructions given by the captain (shipmaster) on board the ship. This is a function of maritime safety regulations and the captain’s inherent domiciliary right. Section 14.3. applies accordingly.

10. LIMITATION OF LIABILITY
10.1. The contractual liability of nc for non-culpable damage not resulting from injury to life, limb or health is limited to three times the cruise fare. Any further claims under the Montreal Convention or the German Air Transport Act remain unaffected by this limitation of liability.
10.2. nc is not liable for disruptions to services, personal injury or damage to property in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services have been expressly identified as third-party services in the relevant service description and the relevant booking confirmation, stating the identity and address of the third-party contractual partner, in such a clear manner that the traveller can see that they are not part of the package trip of nc and the requirements of sections 651b, 651c, 651w and 651y of the German Civil Code (BGB) have been duly fulfilled in all other regards.
10.3. nc is liable, however, if and to the extent that a breach of information, explanation or organisational obligations on the part of nc has become the cause of the damage suffered by the traveller.

11. ASSERTION OF CLAIMS, ADDRESSEE
The customer/traveller must assert claims pursuant to section 651i (3) no. 2, 4–7 BGB against nc. The claim can also be asserted via the travel agent if the package trip was booked via this travel agent. The contractual claims listed in section 651i (3) BGB are subject to a limitation period of two years. The limitation period begins on the day on which the trip should end according to the contract. Asserting the claims in text form is recommended.

12. INFORMATION REQUIREMENTS ON THE IDENTITY OF THE OPERATING AIRLINE
12.1. Before or at the latest at the time of booking, nc shall inform the customer in accordance with the EU Regulation on informing air transport passengers of the identity of the operating air carrier about the identity of the operating airline(s) with regard to all air transport services to be provided as part of the booked trip.
12.2. If the operating airline(s) has/have not yet been determined at the time of booking, then nc is obligated to inform the customer of the airline or airlines that will probably operate the flight. As soon as nc knows which airline will be operating the flight, nc will inform the customer.
12.3. If the airline named to the customer as the operating airline changes, then nc will inform the customer of the change without delay and as soon as reasonably practicable.
12.4. The “Black List” (airlines banned from using the airspace above the Member States), drawn up in accordance with the EC Regulation, is available on nc’s website, or directly at https://transport. ec.europa.eu/transport-themes/eu-air-safety-list_en or at nc’s offices.

13. PASSPORT, VISA AND HEALTH REQUIREMENTS
13.1. nc will inform the customer/traveller about general passport and visa requirements as well as health formalities of the destination country including the approximate periods for obtaining any necessary visas before conclusion of the contract as well as about any changes to these requirements before the start of the trip.
13.2. The customer is responsible for obtaining and carrying officially mandated travel documents, taking any necessary vaccinations and complying with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. payment of rescission costs, shall be borne by the customer/traveller. This shall not apply if nc has not provided information or has done so insufficiently or incorrectly.
13.3. nc shall not be liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission if the customer has commissioned nc with the procurement of such visas unless nc has culpably violated its own obligations.

14. SPECIAL REGULATIONS RELATED TO PANDEMICS (ESP. CORONAVIRUS)
14.1. The Parties agree that nc will always provide the agreed travel services in cooperation with the service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.
14.2. The traveller agrees to observe reasonable usage regulations or restrictions of the service providers when using travel services and to notify the tour guide and the service provider immediately in the event of typical symptoms of illness occurring.
14.3. The above provisions shall not affect the customer’s rights set out in section 651i BGB.

15. DATA PROCESSING; ALTERNATIVE DISPUTE RESOLUTION; CHOICE OF LAW AND LEGAL VENUE
15.1. The data provided by the customer in the travel registration form shall be used by nc to book and process the trip and to send information and offers to the customer. In the case of travel abroad, the processing includes in particular the transmission of customer data to the service partners abroad. Customers can find out more about processing and storage as well as their rights as data subjects (in particular the right of access and the right to object) in nc’s privacy policy which is available at any time at www.nicko-cruises.de/en/data-protection or at the business premises of nc or which nc will gladly send to the customer.
15.2. nc points out with regard to the German Consumer Dispute Resolution Act that nc shall not participate in voluntary consumer dispute resolution. If a consumer dispute resolution procedure becomes obligatory for nc after these terms and conditions of travel go to print nc will inform consumers of this in an appropriate form. nc refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
15.3. For customers/travellers who are not citizens of a Member State of the European Union or Switzerland, it is hereby agreed that the entire legal and contractual relationship between the customer/traveller and nc shall be governed exclusively by German law. Such customers/ travellers can sue nc exclusively at nc’s domicile.
15.4. For lawsuits filed by nc against customers or contractual partners of the package travel contract who are merchants, public-law or private-law legal entities or persons whose place of residence or habitual abode is abroad, or whose place of residence or habitual abode is unknown at the time of filing suit, it is agreed that the legal venue shall be nc’s domicile.

© Protected by copyright: TourLaw – Noll | Hütten | Dukic Attorneys at Law, Munich | Stuttgart, 2024

These terms and conditions replace all previous terms and conditions. June 2024
Separate terms and conditions apply to our ocean cruises.