76 77 TERMS & CONDITIONS The following terms and conditions apply to all bookings and, where effectively agreed, govern the contractual relationship between you and Swan Hellenic Travel Ltd. (hereinafter referred to as "Swan Hellenic Travel") in addition to the legal provisions of EU Package Travel Directive respectively the national law implementation of named directive - as here i.e the Cyprus implementation as “The Package Travel and Linked Travel Arrangements Law Number 186(I) of 2017, or respectively the applicable transition of EU directive 2015/2302 into national law for your country, where the travel modules are offered. The travel conditions supplement and complete these. Before concluding a package tour contract, we must inform you about the details of your cruise package tour, which are substantial, as well as about your rights under EU Directive 2015/2302. You can find the information on your package tour in the general and specific service descriptions of our tours and these travel conditions. In addition to your rights under EU Directive 2015/2302, we have included the required form on our website, in your travel agency and in the booking systems in which our trips can be booked. In addition, the General Conditions of Carriage of Passengers and their Luggage by Sea of the Carrier/Shipping Company (conditions of carriage) and the Conditions of Carriage of the Operating Carrier for regular scheduled flights with international airlines apply to flight services. These conditions are available from your travel agent or on request from our call center. We would like to point out that tour operator within the meaning of the applicable statute as transitional definition of the named EU directive – in the Cyprus“ The Package Travel and Linked Travel Arrangements Law 186 (I) of 2017 is exclusively Swan Hellenic Travel Ltd., for all trips offered on the website. The term "customer" is used below to refer to our contractual partner and the term "traveller" to refer to those persons who actually commence the journey. We recommend every traveller to take out a travel cancellation insurance, travel interruption insurance and a travel health insurance policy with assumption of the return transport costs of repatriation. Terms & Conditions Please read these travel conditions carefully before booking your package tour, because you accept them as binding with your booking. 1. REGISTRATION AND CONCLUSION OF THE TRAVEL CONTRACT 1.1 With the booking (travel registration) the customer bindingly offers Swan Hellenic Travel the conclusion of a travel contract and at the same time confirms to Swan Hellenic Travel the knowledge of the above mentioned pre-contractual information. Registration is possible in writing, by fax or electronically, in exceptional cases also by telephone. It is made by the applicant also for all participants listed in the registration. The basis of this offer is the travel advertisement with all information contained therein, in particular also with regard to offered flight services, as well as these travel conditions. 1.2 The package travel contract is concluded exclusively with the written travel confirmation or invoice by Swan Hellenic Travel. The electronic confirmation of receipt of the travel registration as well as a booking form signed at the travel agency, if applicable, do not constitute acceptance of the travel contract. If the travel confirmation is made immediately after pressing the button "Book Now" by the immediate display of the travel confirmation on the screen, the package travel contract is concluded with the display of this travel confirmation. Swan Hellenic Travel is not obliged in case of nonacceptance of the travel request to expressly declare non-acceptance and/ or to justify non-acceptance to the customer. 1.3 The customer is responsible for all contractual obligations of fellow travellers for whom he makes the booking as for his own, provided that he has assumed this obligation by express and separate declaration. 1.4 If the content of the travel confirmation deviates from the content of the registration, Swan Hellenic Travel shall be bound to this new offer for 7 days. The travel contract is concluded on the basis of the new offer if the customer accepts the offer by express declaration, down payment, payment of the balance or commencement of travel within the specified period. According to the legal regulations for cruise package contracts concluded at a distance (e.g. via letters, telephone calls, e-mails, telemedia or online services), there is no right of rescission, but only the legal right of withdrawal and cancellation. However, a right of cancellation exists if the contract for travel services has been concluded outside business premises, unless the negotiations on which the conclusion of the contract is based were based on a previous order by the consumer; in the latter case there is no right of rescission. 2. PAYMENT 2.1 Swan Hellenic Travel and travel agents may only demand or accept payments on the travel price before the end of the trip, if the security note/ bonding information has been handed over to the customer. After conclusion of the contract, a down payment of 15% of the cruise package price is due upon handing over of the security certificate. The remaining payment is due 60 days before the start of the trip, provided that the security note has been handed over.2.1 If the customer does not make the down payment and/or the balance payment in accordance with the agreed payment due dates, and if Swan Hellenic Travel is willing and able to properly provide the contractual services, has fulfilled the statutory information obligations and no legal or contractual right of retention exists on your part, Swan Hellenic Travel shall be entitled, in the event of non-performance of the down payment, to withdraw from the package cruise package contract after issuing a reminder setting a deadline and to charge you with the costs of withdrawal in accordance with section 4.2 sentences 2 to 4.4. If the agreed cruise package price has not been paid in full by the due date, Swan Hellenic Travel shall be entitled to terminate the package cruise package contract and to claim damages in the amount of the corresponding cancellation fees, provided that there was not already at that time a package cruise package deficiency justifying cancellation. Swan Hellenic Travel shall be entitled to claim damages for non-performance under the conditions of Cyprus Law or similar national law statutes . If you have booked your trip only 60 days before the start of the trip or later, full payment must be made immediately after receipt of the travel confirmation with security note/ bonding information. With the travel confirmation/ invoice you will receive a security note based on the local law requirements. Swan Hellenic Travel has taken out insolvency bonding according to ACTA Briefing for all cruise only bookings and for all Flight inclusive cruise packages to secure your customer deposits and full payments. The respective local security note securitizes a direct claim against the bonding organization in the event of insolvency of Swan Hellenic Travel and it’s address is sent to you with the travel confirmation. 3. CHANGES IN PERFORMANCE 3.1 The offers and information on the scope of the contractual travel services on our website correspond to the status at the time of publication. The travel prices are based on the current rates of carriage and exchange rates applicable at the time of the travel advertisement. Until the customer's booking request has been transmitted, however, changes to the services/ the scope of services/ the ship route/ the arrival and departure modalities are possible for objectively justified reasons, which is why Swan Hellenic Travel expressly reserves this right. Swan Hellenic Travel will of course inform the customer of these changes prior to the conclusion of the contract or prior to the submission of its binding contractual offer. 3.2 Swan Hellenic Travel expressly reserves the right to deviations and changes of individual travel services from the contractually agreed content of the package travel contract, which become necessary after conclusion of the contract, as far as these changes are insignificant according to EU Package Travel Directive in the Cypriotic transition or the respective national law statutes in your country where the travel modules are offered. In the case of cruises, changes to the itinerary are possible at any time, e.g. due to official regulations, special circumstances of shipping traffic, medical emergencies, or if a different itinerary becomes necessary in the interest of the safety of the passengers or for weather reasons or related to national or international PERSONAL REQUIREMENTS OF THE TRAVELLER The customer assures that the travellers are fit to travel. Swan Hellenic Travel has the right to demand a medical certificate from the customer stating that the travellers are fit to travel. Persons under 18 years of age may only take part in a journey when accompanied by a person 18 years of age or older. Swan Hellenic Travel cannot guarantee the necessary medical care for children. Children under the age of 8 are not eligible for Swan Hellenic Cruises. Unfortunately, women who will enter the 24th week of pregnancy by the end of their booked cruise cannot take part in such a cruise. epidemic or pandemic rules. The captain responsible for the ship shall decide on such changes to the itinerary and/or travel and layover times that become necessary after conclusion of the contract. 3.3 Any warranty claims shall remain unaffected if the changed services are defective. 3.4 Swan Hellenic Travel is obliged to inform the customer of significant changes to the contract immediately after becoming aware of the reason for the change. 3.5 If Swan Hellenic Travel is only able to provide the booked trip due to a circumstance occurring after conclusion of the contract under significant change of one of the essential characteristics of the travel service, or only under deviation from a contractual agreement made separately between Swan Hellenic Travel and the customer, Swan Hellenic Travel shall be entitled to offer the customer a corresponding contractual change as new offer before commencement of the trip, or optionally also participation in another trip (substitute trip). In such a case, the customer shall have the right to withdraw from the booked trip without payment of compensation, to demand participation in a substitute trip or to accept the new offer to change the contract within 7 days of receipt of our notification of change with the new offer. Swan Hellenic Travel shall expressly inform the customer of this period in the notification of change. Therefore, the offered new contract shall be deemed accepted if the customer does not inform Swan Hellenic Travel within this set period that he wishes to withdraw from the cruise package contract free of charge or demands participation in a substitute cruise package offered. The new offered service shall replace the service originally owed under the contract. Any warranty claims remain unaffected if the new service is defective. 4. CANCELLATION BY THE CUSTOMER BEFORE COMMENCEMENT OF TRAVEL/ CANCELLATION COSTS 4.1 The customer can withdraw from the trip at any time before the start of the trip. Cancellation must be made to Swan Hellenic Travel at the address given below. If the trip was booked through a travel agency, the withdrawal can also be declared to this agency. The customer is recommended to declare the cancellation in writing. The date of receipt by Swan Hellenic Travel or the respective travel agency of the notice of withdrawal shall be decisive for the date of withdrawal. 4.2 If the customer withdraws before the start of the trip or does not commence the trip, Swan Hellenic Travel loses its claim to the travel price. Swan Hellenic Travel may instead demand reasonable compensation insofar as Swan Hellenic Travel is not responsible for the cancellation or insofar as extraordinary circumstances do not occur at the place of destination or its immediate vicinity which considerably impair the performance of the journey or the carriage of persons to the place of destination; circumstances are unavoidable if they are not subject to the control of Swan Hellenic Travel and their consequences could not have been avoided even if all reasonable precautions had been taken. 4.3 The amount of the compensation shall be determined by the travel price less the value of the expenses saved by Swan Hellenic Travel and less what Swan Hellenic Travel acquires through other use of the travel services, which shall be justified by Swan Hellenic Travel at the customer's request. Swan Hellenic Travel has determined the following compensation level schedule taking into account the period between the notice of withdrawal and the commencement of the journey as well as the expected savings of expenses and the expected acquisition through other use of the travel services. The compensation will be calculated as follows with the respective cancellation scale after the date of receipt of the notice of cancellation: The following cancellation fees apply to all other trips, with the exception of Special Cruise Itineraries: - A USD 300/ EUR 300/ GBP 300/ CAD 300.00/ AUD 300/ NZD 300 administrative fee is assessed for all cancellations up to 120 days before cruise departure. - For cancellations 119-60 days prior to departure: 15% of the cruise package price; - For cancellations 59-30 days prior to departure: 75% of the cruise package price; - For cancellations 29 days prior to departure: 100% of the cruise package price In the case of flight tickets for special price conditions which are booked in addition to the cruise arrangement, 100% of the net ticket price will be charged as cancellation fees in the event of cancellation or no show, taxes and fees on the flight ticket will be refunded. 4.4 In any case, the customer is at liberty to prove to Swan Hellenic Travel that Swan Hellenic Travel has incurred no damage at all or substantially less damage than the cancellation level demanded by it. 4.5 Swan Hellenic Travel reserves the right to demand a higher, concrete compensation instead of the aforementioned cancellation level if Swan Hellenic Travel proves that it has incurred significantly higher expenses than the applicable cancellation level. In this case, Swan Hellenic Travel shall be obliged to quantify and substantiate the claimed compensation taking into account the saved expenses and any other use of the travel services. 4.6 The statutory right of the customer to demand from Swan Hellenic Travel 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 that a third party takes over the rights and obligations arising from the package travel contract instead of him shall remain unaffected by the above conditions. Until the start of the trip, i.e. taking into account a reasonable period of time for organisational measures which must be reasonable for Swan Hellenic Travel, the customer may demand that a third party takes his place in the rights and obligations arising from the package travel contract. Swan Hellenic Travel may object to the entry of the third party if the third party does not meet the special travel requirements or if its participation is contrary to statutory regulations or official orders. If a third party enters into the contract, he and the customer shall be jointly and severally liable to Swan Hellenic Travel for the travel price and the additional costs incurred as a result of the entry of the third party, in particular for changing the flight tickets and fees of the respective service providers. We charge handling fees of €/GBP/USD 50.00 for the transfer of the contract to a substitute person (plus any fees charged by third parties - in particular airlines). Declarations of withdrawal, rebooking and changes should be made in writing in the interest of the customer and for reasons of proof. 5. REBOOKING 5.1 If a customer wishes to rebook for another trip, he should ask Swan Hellenic Travel to clarify whether the request can be met. There is no legal right to rebooking. This does not apply if the rebooking is necessary because Swan Hellenic Travel has not provided the traveller with any, insufficient or incorrect pre-contractual information 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; in this case the rebooking is possible free of charge. Otherwise, rebooking is only possible if the rebooking takes place on a trip that begins within six months of the original departure date and is more expensive. Changes can only be made up to 61 days before departure and will only be permitted once. In contrast, changes that only relate to individual travel services (e.g. hotel or flight) as well as pure name corrections that do not represent a change of person are possible at any time before departure. When registering your trip, Swan Hellenic Travel must have your full name with all first names and surnames and the names of all registered travellers congruent with your valid passport. After Swan Hellenic Travel has confirmed the trip, name changes are only permitted for a handling fee of €/GBP/USD/AUD 50.00 per person. Name changes on scheduled flights are only possible in exceptional cases and on request; Swan Hellenic Travel charges a name change fee in line with the conditions of carriage of and requested by the single airlines per person after the issue of the ticket. Depending on the availability of the airfields, additional surcharges may apply. Pure name corrections in case of incorrect spelling are free of charge. The customer will be charged EUR/GBP/USD/AUD 100.00 for rebookings and changes as well as fees charged by third parties (airlines fees excluded – see above). The advertised conditions apply to rebookings and new bookings; discounts and special conditions for the trip to be rebooked cannot be transferred. 5.2 Irrespective of this, each customer is free to withdraw from the originally booked trip under the cancellation conditions under Item 4.3 and to book a new trip. This is mandatory for each rebooking request 60 days or later to departure date. 6. SERVICES NOT USED If the traveller does not make use of individual travel services which have been duly offered to him for reasons attributable to him (e.g. early return or other compelling reasons), he shall not be entitled to pro rata reimbursement of the travel price. Swan Hellenic Travel will endeavour to have the saved expenses reimbursed by the service providers. This obligation shall not apply if the services concerned are completely insignificant or if reimbursement is contrary to statutory or official provisions. 7. TERMINATION FOR REASONS OF CONDUCT OR UNAVOIDABLE, EXTRAORDINARY CIRCUMSTANCES Swan Hellenic Travel may terminate the Travel Contract without notice if the Traveller a) he has not notified any unfitness to travel known to him before the start of the journey; b) knowingly misstated his age; c) is, in the judgement of the master or the ship’s doctor, incapable of travelling because of illness, infirmity or any other cause i.e. pandemic suspect; d) is dependent on company, but travels unaccompanied; e) the performance of a voyage, notwithstanding a warning from Swan Hellenic Travel or the ship's management, causes lasting disruption or behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified; f) booked with false personal or nationality details; g) does not appear at the start of the journey within the check-in periods provided, or does not comply with the necessary travel regulations or does not carry the necessary travel documents, so that there is a risk that other passengers may not leave the ship for shore leave. h) carries weapons, ammunition, explosive or flammable substances and the like, i) consumes or carries drugs or commits criminal offences while travelling. A justified termination also exists in the case of an attempt of the aforementioned actions h) and i). j) is on corresponding anti-terror lists of the EU or OFAC. If Swan Hellenic Travel terminates the contract, Swan Hellenic Travel retains the right to the travel price; however, Swan Hellenic Travel must allow itself to be credited with the value of the saved expenses as well as those benefits which Swan Hellenic Travel obtains from another use of the service not used, including the amounts credited to Swan Hellenic Travel by the service providers. If Swan Hellenic Travel is prevented from carrying out and fulfilling the cruise package contract prior to commencement of travel due to unavoidable, extraordinary circumstances, Swan Hellenic Travel may declare its withdrawal from the contract to the customer immediately after becoming aware of the reason for withdrawal. Swan Hellenic Travel will then refund the paid travel price within 14 days. Swan Hellenic Travel reserves the right to demand reasonable compensation for travel services rendered or to be rendered. On board there is an on-board regulation which must be observed and observed by the customer without restriction. The captain is responsible for the ship, the passengers and the crew. Within the framework of the seamanly conduct of the ship, the guarantee of safety, as well as with regard to the observance of the ship rules, the captain has the sole decision-making authority and is thus entitled to expel customers from the ship without compensation.
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