72 73 TERMS & CONDITIONS 8. WARRANTY / COOPERATION OBLIGATIONS OF THE TRAVELLER 8.1 Notification of defects; If the trip is not carried out in accordance with the contract, the traveller can demand remedy. To the extent that Swan Hellenic Travel was unable to remedy the defect due to a culpable omission of the notice of defects, the Traveller may neither assert claims for a reduction of the purchase price pursuant to EU Package Travel Directive in the Cyprus transition or the respective national law statutes, in your country where the travel modules are offered, nor claims for damages pursuant to damage of tort definition or the respective national law statutes, in your country where the travel modules are offered. Insofar as the notice of defects is not recognisably futile or unreasonable for other reasons, the traveller can immediately notify the cruise package guide at the holiday destination of this or on board the vessel. If a cruise package guide is not available on site, the customer may notify Swan Hellenic Travel of any travel defects at its registered office. The customer will be informed about the availability of the cruise package guide or of Swan Hellenic Travel in the service description, at the latest, however, with the travel documents. The cruise package guide shall be instructed to remedy the situation as far as this is possible. However, he is not authorized to recognize claims of the traveller. The customer can demand a reduction of the travel price corresponding to the reduced performance (i.e regarding the Cyprus transition or the respective national law statutes, in the country where the travel modules are offered) if, despite his request for remedy (see 8.1.), travel services or substitute services accepted by him were not provided in accordance with the contract. 8.2 Deadline prior to termination; If a customer wishes to terminate the travel contract in accordance with EU Package Travel Directive in the Cyprus transition or the respective national law statutes, in your country where the travel modules are offered, due to a significant deficiency in travel as described in EU Package Travel Directive in the Cyprus transition or the respective national law statutes, in the country where the travel modules are offered, insofar as it is substantial, he must first set Swan Hellenic Travel a reasonable deadline for remedial action. This only does not apply if remedy is refused by Swan Hellenic Travel or if immediate remedy is necessary. If the cruise package is then significantly impaired as a result of the non-contractual provision of services, the customer may terminate the package cruise package contract. If the contract is cancelled thereafter, the customer shall retain the right to repatriation if the contract included repatriation. Swan Hellenic Travel shall bear the additional costs of the return transport. Cases of unforeseeable, extraordinary circumstances which do not affect any travel services provided by Swan Hellenic Travel do not entitle the customer to withdraw from the package travel contract free of charge. The customer's request for remedy may also be addressed directly to Swan Hellenic Travel: Swan Hellenic Travel Ltd. www.swanhellenic.com, Phone +49 (0)211 1386 6123, E-mail: support@SwanHellenic.com Authorised recipient and representative: Swan Hellenic Travel Ltd. UK Branch: 60 Petty France, London, SW1H 9EU Swan Hellenic Travel Ltd. German Branch: Koenigsallee 14, Dusseldorf, 40212 The customer must note that in the case of reports to his travel agent outside his opening hours, a direct transfer to Swan Hellenic Travel for the speedy processing of the remedy request is not guaranteed. If Swan Hellenic Travel culpably violates obligations arising from the package travel contract, Swan Hellenic Travel shall be obliged to compensate the customer for the resulting damage (based on EU package Travel Directive in the Cyprus transition or the respective national law statutes, in the country where the travel modules are offered). If the journey is thwarted or considerably impaired as a result, the customer may, if he has demanded unsuccessful remedy (see 8.1.), also demand reasonable compensation in money for the useless holiday time spent.8.3 Loss of baggage, damage to baggage and delay of baggage, Swan Hellenic Travel strongly recommends that damage or delays in delivery during air travel be reported immediately to the responsible airline at the airport by means of a Property Irregularity Report (P.I.R.). Airlines usually refuse refunds if the damage report has not been completed. In case of damage to luggage, the damage report must be submitted within seven days and in case of delay within 21 days of delivery. Otherwise, the loss, damage or misrouting of baggage must be reported to the cruise package guide or the local representative of Swan Hellenic Travel. Damage to or loss of luggage during embarkation or disembarkation must be reported immediately. The customer is obliged to notify Swan Hellenic Travel or its agents in writing. If cabin baggage is visibly damaged, the customer must notify Swan Hellenic Travel of the damage immediately, at the latest, however, at the time of disembarkation. In the case of other, externally recognizably damaged luggage, which has been transported by the on-board personnel or stored for the customer, the customer must report the damage as soon as it is handed back to him. If the damage is not externally visible, the report must be made no later than 15 days after disembarkation, handover or the time at which handover was scheduled. The carriage, stowage and handling of the passenger³s own luggage on board shall always be at the passenger’s own risk. Cabin luggage damage is limited to a maximum liability amount of 2,250 units of account (unit of account is the special drawing right of the International Monetary Fund). The amount shall be converted into Euro/ GBP/USD/AUD according to the value of the Euro/GBP/USD/AUD in relation to the Special Drawing Right, per customer and per trip, insofar as damage was neither intentionally nor grossly negligently caused by Swan Hellenic Travel. The limitation of liability shall also apply insofar as Swan Hellenic Travel is responsible for any damage incurred by the customer solely due to the fault of a service provider. In the event of loss of or damage to mobility equipment or other special equipment used by a passenger with reduced mobility, Swan Hellenic Travel shall reimburse the replacement value of the equipment concerned or, if applicable, the repair costs. (i.e implementation of the EU Regulation 392/2009 or the respective national law statutes, in your country where the travel modules are offered). 9. LIMITATION OF LIABILITY 9.1 The contractual liability of Swan Hellenic Travel for damages that do not result from injury to life, body or health (including liability for injury before, - in addition to, - or after contractual obligations) is limited to three times the cruise package price, in so far as damage to the customer is caused neither intentionally nor by gross negligence or in so far as Swan Hellenic Travel is responsible for any damage incurred by the customer solely due to the fault of a service provider. Any further claims based on international agreements shall remain unaffected by this limitation of liability. For all claims for damages against Swan Hellenic Travel based on tort, which are not based on intent or gross negligence, the liability for property damage is limited to three times the travel price. These maximum liability sums apply per customer and trip. Any further claims based on international agreements shall remain unaffected by this limitation of liability. 9.2 If Swan Hellenic Travel is appointed as a contractual shipowner, liability shall be governed by the special international conventions or statutory provisions based on such conventions. Carriage by sea is subject to the liability provisions of the Athens Convention 1974 and the Protocol thereto 2002 as well as the IMO Reservation and the IMO Guidelines for the Implementation of the Athens Convention, which have been implemented in the European Community by Directive 392/2009 for the Carriage of Passengers by Sea. The exact limits of liability can be found here. The provisions of this paragraph shall not apply only if the provisions referred to in point 9.1 lead to a lesser claim on Swan Hellenic Travel. In this context, Swan Hellenic Travel draws attention to the following points in connection with the liability provisions for sea transport: The liability of Swan Hellenic Travel for the loss of and damage to luggage, mobility aids and other special medical equipment used by customers and/or their fellow passengers with reduced mobility is excluded if the customer and/or fellow passenger does not notify Swan Hellenic Travel of the damage at the latest at the time of disembarkation or at the latest 15 days after disembarkation in the case of damage which is not recognisable. A written notification is not required if both parties have already jointly determined the damage within the period. c) Swan Hellenic Travel is not liable for damage to or loss of personal equipment or valuables (e.g. money, important documents, precious stones, jewellery, works of art, dentures, photo and film cameras, smartphones, notebooks and tablet PCs including accessories, etc.).) due to theft, other loss or other extreme influences, which are not attributable to intentional or grossly negligent conduct on the part of Swan Hellenic Travel, unless they were deposited for safekeeping during transport, e.g. in the reception safe. 9.3 Swan Hellenic Travel is expressly not liable for service disruptions, personal injury and material damage in connection with services which are merely brokered as third-party services (e.g. excursions, sports events, visits to the theatre, exhibitions, transport services to and from the advertised place of departure and destination), all third-party services are clearly and identifiably marked as such and are therefore not part of the travel service to be provided by Swan Hellenic Travel within the scope of the travel contract. 9.4 Swan Hellenic Travel has compiled an extensive shore excursion programme for the customer which in some illustrated cases is offered exclusively by carefully selected local organisers of the respective destination (port). Swan Hellenic Travel is only responsible for arranging these shore excursions, which are not organised, monitored or controlled by Swan Hellenic Travel. The shore excursion programme is provided by local tour operators who work independently of Swan Hellenic Travel. Organizers of shore excursions plan these in accordance with the lay times of the ship. Swan Hellenic Travel carries out the mediation of such external services as a pure service for the customer, but Swan Hellenic Travel is liable for errors in the mediation. 9.5 Air carriage owed as part of a cruise package is subject to the liability provisions of the Montreal Convention of 1999, as amended by Regulation (EC) No 779/2002. 9.6 Swan Hellenic Travel recommends that customers take out travel accident and luggage insurance in their own interest. 10. LIMITATION PERIOD -INFORMATION ON CONSUMER DISPUTE SETTLEMENT 10.1 All contractual claims of the customer shall become statute-barred after two years. The claims for damages under maritime law due to death, damage to body or luggage become statute-barred after two years. Claims arising from tort shall become statute-barred within three years unless they also arise under the provisions of the Cyprus Commercial Code on maritime liability. 10.2 The limitation period begins on the day on which the trip should end according to the contract. If the last day of the period falls on a Sunday, a public holiday recognised by the state at the place of declaration or a Saturday, the next working day shall take the place of such a day. 10.3 If negotiations between the customer and Swan Hellenic Travel concerning the claim or the circumstances justifying the claim are pending, the statute of limitations shall be suspended until the customer or Swan Hellenic Travel refuses to continue the negotiations. The limitation period shall commence at the earliest three months after the end of the suspension. 10.4 Swan Hellenic Travel operates a modern, fast and fair complaints management system. This is attainable for its customers under support@ SwanHellenic.com. Swan Hellenic Travel does not take part in a consumer dispute settlement. If a consumer dispute resolution would become obligatory for Swan Hellenic Travel after printing of these trading conditions, Swan Hellenic Travel informs the consumers about it in suitable form. Swan Hellenic Travel refers to the European Online Dispute Resolution Platform for all contracts concluded in electronic legal transactions. 11. OBLIGATIONS TO PROVIDE INFORMATION ON THE IDENTITY OF THE CARRIER UNDERTAKING PERFORMING THE CONTRACT The EU regulation on informing passengers of the identity of the operating airline obliges Swan Hellenic Travel to inform the customer of the identity of the operating airline of all air transport services to be provided within the scope of the booked journey at the time of booking. If the operating airline has not yet been determined at the time of booking, Swan Hellenic Travel is obliged to inform the customer of the airline or airlines that will probably operate the flight. As soon as Swan Hellenic Travel knows which airline will operate the flight, Swan Hellenic Travel will inform the customer. If the airline named to the customer as the operating airline changes, Swan Hellenic Travel will inform the customer of the change. Swan Hellenic Travel will immediately take all reasonable steps to ensure that the customer is informed of the change as soon as possible. The list of airlines banned from EU operations is available on the following website: http://ec.europa.eu/ transport/modes/air/safety/air-ban/index_de.htm 12. PASSPORT, VISA AND HEALTH REQUIREMENTS 12.1 The customer shall be informed about the entry regulations in the cruise brochure, in the travel advertisement, or in the Internet presence, in the online travel advertisements and in the "FAQ" in the travel catalogue or online, prior to the conclusion of the contract. He must observe the necessity of carrying valid identity documents, in particular a valid machine-readable passport (ePassport) and its period of validity. As a general rule, every passenger must carry a valid passport on the respective trip, which must be valid for at least 6 months after the end of the trip. On all journeys which exclusively call at ports in the EU as well as in Norway and Iceland, Schengen area citizens only require an identity card which is valid for at least 6 months after the end of the journey. All children require a children's passport for all trips to ports in the EU, Norway and Iceland up to the age of 14, otherwise a machine-readable passport (ePassport) which is valid for at least 6 months after the end of the trip. The entry of the child in the passport of a parent or guardian is no longer sufficient. 12.2 Swan Hellenic Travel offers the trips in this travel catalogue or the corresponding website in all European EEA countries and worldwide, Swan Hellenic Travel will therefore inform its local customers about the provisions of passport, visa and health regulations for the respective travel countries of the cruise or trip prior to conclusion of the contract and about any changes to such provisions prior to commencement of the trip. This information can also be arranged by the mediating travel agency due to its own legal obligation (i.e based on the Cyprus transition or the respective national law statutes, in the country where the travel modules are offered) and should be documented by this. Swan Hellenic Travel provides further information via its website and in the booking systems by accessing suitable databases. 12.3 The customer himself is responsible for retrieving the further information suitable for him until departure, obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. This is also valid for travel ban and special authorities request regarding pandemic suspect or sudden border closure for traveller from distinctive countries with a high pandemic risk level. Any disadvantages resulting from noncompliance with these regulations, e.g. the payment of withdrawal costs or official fines, shall be borne by the customer. This shall not apply if Swan Hellenic Travel or the travel agent has failed to provide adequate or incorrect information. 12.4 Swan Hellenic Travel shall not be liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the customer has commissioned Swan Hellenic Travel with the procurement, unless Swan Hellenic Travel has culpably breached its own obligations. 13. DATA PROTECTION / RIGHT TO OBJECT TO ADVERTISING The personal data provided by the customer to Swan Hellenic Travel will be electronically processed, stored and used to the extent necessary for the execution of the contract, for the processing of the trip, for customer support or for the fulfilment of statutory provisions. In addition, if the customer has agreed to this, the data will be used for market research purposes and to send current information and offers. Swan Hellenic Travel processes the booking order on the basis of the GDPR, taking into account the applicable data protection regulations. The customer has the right to object to this further use of data at any time or to revoke the consent given for the aforementioned purposes at any time. For this purpose, the customer shall contact Swan Hellenic Travel, data protection officer, address Cyprus, by e-mail to dpo@SwanHellenic.com or by post to Swan Hellenic Travel. The customer can find more details in the Swan Hellenic Travel DATA PROTECTION DECLARATION. 14. CHOICE OF LAW / PLACE OF JURISDICTION / GENERAL CLAUSE 14.1 Unless otherwise stipulated for the benefit of the customer in regulations or international conventions which are mandatory for the travel contract, the entire contractual and legal relationship between Swan Hellenic Travel and the customer shall be governed exclusively by Cyprus law. 14.2 Complaints against Swan Hellenic Travel shall be brought before the competent local and factual courts for the registered office of Swan Hellenic Travel Ltd. - Cyprus, unless mandatory statutory provisions or international agreements stipulate otherwise. 14.3 The place of jurisdiction for actions brought by Swan Hellenic Travel against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad, or whose place of residence or habitual abode is unknown at the time the action is brought, shall be the registered office of Swan Hellenic Travel in Nicosia - Cyprus. 14.4 The invalidity of individual provisions of the travel contract and/or these travel conditions shall not result in the invalidity of the entire travel contract or the entire travel conditions. TOUR OPERATOR: Tour Operator: Swan Hellenic Travel Ltd.: Themistokli Dervi 20, Flat/Office 301, 1066 Nicosia, Cyprus www.SwanHellenic.com Authorised recipient and representative: Swan Hellenic Travel Ltd. UK Branch: 60 Petty France, London, SW1H 9EU support@Swan Hellenic.com Swan Hellenic Travel Ltd. German Branch: Koenigallee 14, Dusseldorf, 40212 support@Swan Hellenic.com Insolvency bonding: For cruise packages ACTA: 24 Stasikratous Street, 1065 Nicosia, Cyprus The main rights of customers/travellers under Directive (EU) 2015/2302 are set out below: Form for informing the traveller of a cruise package in accordance with EU Package Travel Directive The combination of travel services offered to you is a cruise package within the meaning of Directive (EU) 2015/2302. You can therefore take advantage of all the EU rights that apply to package travel. Swan Hellenic Travel Ltd. is fully responsible for the proper execution of the entire package. In addition, Swan Hellenic Travel Cruises Ltd. has the statutory security to repay your payments and, if the transport is included in the package, to secure your return transport in the event of its insolvency. Main rights under Directive (EU) 2015/2302: - Passengers will receive all essential information about the package prior to the conclusion of the package travel contract. - At least one contractor is always liable for the proper provision of all travel services included in the contract. - Travellers receive an emergency telephone number or contact details of a contact point where they can contact the tour operator or travel agency. - Travellers may transfer the package to another person within a reasonable time and possibly at additional cost. - The price of the package may only be increased if certain costs (e.g. fuel prices) increase and if this is expressly provided for in the contract, and in any event no later than 20 days before the package commences. If the price increase exceeds 8% of the package price, the traveller may withdraw from the contract. If a tour operator reserves the right to a price increase, the traveller has the right to a price reduction if the corresponding costs are reduced. - Travellers may withdraw from the contract without paying a cancellation fee and will receive full reimbursement of all payments if any of the essential elements of the package other than the price is substantially changed. If the operator responsible for the package cancels the package before its commencement, travellers shall be entitled to reimbursement and, in certain circumstances, compensation. - In exceptional circumstances, travellers may withdraw from the contract before the package starts without paying a cancellation fee, for example if there are serious safety problems at destination which are likely to affect the package. - In addition, travellers may withdraw from the contract at any time before the start of the package against payment of a reasonable and justifiable cancellation fee. - If after the start of the cruise package essential components of the cruise package cannot be carried out as agreed, the traveller shall be offered appropriate other precautions at no additional cost. The traveller can withdraw from the contract without paying a cancellation fee (in the Federal Republic of Germany this right is called "termination") if services are not provided in accordance with the contract and this has considerable effects on the provision of the contractual cruise package services and the tour operator fails to remedy the situation. - The traveller is entitled to a price reduction and/or compensation if the travel services are not provided or not provided properly. - The tour operator will assist the traveller if he is in difficulties. In the event of the insolvency of the tour operator or, in some Member States, of the travel agent, payments will be refunded. If the insolvency of the tour operator or, if relevant, of the travel agent occurs after the package has commenced and the carriage forms part of the package, the return of the passengers shall be guaranteed. Swan Hellenic Travel Ltd. has concluded insolvency bonding with ACTA: 24 Stasikratous Street, 11065 Nicosia, Cyprus
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