Terms and Conditions of the cruise line Holland America Line

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Application range of these general conditions, your contract partner
These general conditions regulate the legal relationships between you as the traveler and the tour operator, who performs under the brand name "Holland America Line". Your contract partner and tour operators is HAL Services B.V. (headquarters Otto Reuchlinweg 1110, PO Box 23378, NL-3001 KJ Rotterdam, The Netherlands) (tour operator).
These terms and conditions do not apply if the traveler rises legal action against the tour operator before a court outside of Germany; then the English-speaking general terms and conditions ("Travel Agreement") shall apply for use in the United States.

Personal requirements of the traveler
Passengers warrant that they are ready to travel. The tour operator has the right to ask the traveler to submit a medical travel fitness certificate. Persons under 18 years are only allowed to travel if accompanied by a person over 21 years. The tour operator cannot guarantee the necessary medical care for children under the age of six months on cruises without ocean crossing or under the age of 12 months for cruises with ocean crossing and pregnant women as of the 24th week of pregnancy. These are therefore excluded from the trip. Was the pregnancy not known at booking, the pregnant woman and her companion will be refunded the full fare after cancellation.

Conclusion of the travel contract / obligation of the traveler
1.1 If travelers are interested in a journey they offer the tour operator the conclusion of a binding travel contract by calling or by writing. If,thereupon, the tour operator grants an option, this will automatically expire after 10 days. For short-term bookings, the tour operator can shorten the option periods. The travel contract comes about for the traveler only upon receipt of the written confirmation by the tour operator when travelers about, namely for all participants specified by the traveler in the application. If the content of the travel confirmation deviates from the content of the information upon registration, the traveler is then explicitly pointed out about it in the travel confirmation.To this new offer, the tour operator is bound for seven days. The travel contract is concluded on the basis of this new offer, if the traveler within seven days from the receipt of the confirmation by express or conclusive explanation, for example by accepting an acceptance declaration from the booking office, by means of payment respectively deposit of the travel price or by starting the journey.
1.2. Travel intermediaries (e.g.travel agencies) and service providers (such as hotels, transportation companies) are not authorized by the tour organizer to make arrangements, to give information or to make any assurance that amend the agreed content of the travel contract, that go beyond the contractually agreed upon services the tour operator or are contrary to the travel advertisement.
1.3 Location and hotel brochures and Internet postings that are not published by tour operators are not binding for the tour operator and its service obligation to the extent they were not made by express agreement with the traveler as object of the travel advertisement or as content of the service obligation of the tour operator.
1.4 The traveler is responsible for all contractual obligations of fellow travelers, for whom reservations are made, just as for his own, if having accepted this obligation by express and separate declaration.

2. Payment
2.1 The tour operator and the travel agent are permitted to demand or accept payments of the travel price before the end of the journey only if the traveler was handed out the security certificate. With the contractual agreement a deposit becomes due for payment against delivery of the security certificate. Due payment: the deposit is 20% of thetravel price.
- 45 calendar days prior to departure
- For all departures from Europe (except Ms Prinsendam, MS Maasdam and MS Veendam)
- For all departures from the Caribbean and
- For all departures from Panama Canal, Mexico, Canada & New England, Alaska cruises and Land + Sea Journeys and Hawaii (18 days or less)

- 75 calendar days prior to departure
- For all departures from Europe on the MS Prinsendam, MS Maasdam, MS Veendam and
- For all departures from Australia, New Zealand, South Pacific, South America (including Inca discovery), Antarctica, Africa and Indian Ocean, Asia (including the MS Rotterdam Far East), Amazon, Inca empires, Hawaii, Tahiti & Marquesas (29 days or longer) runs, and
- For all "Holiday" departures;

- 90 calendar days prior to departure
- Grand World Voyage,
- Grand Voyages, and
- Any section of the Grand World Voyage or Grand Voyages; provided that the security certificate has been delivered.

2.2 Does the traveler not pay the deposit and / or final payment in accordance with the agreed payment due dates, the tour operator is entitled,after reminder with a deadline to withdraw from the travel contract and to charge the traveler a cancellation fee in accordance with section 5.2 to 5.5.

3. Service changes
3.1 Changes to major travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and were not caused by the travel agent in breach of good faith, are only permitted if the changes are not substantial and do not influence the overall character of the journey. The changes that are not considered essential and that do not affect the general character of the journey, include the following: (i) the replacement of the ship for technical, operational or other legitimate reasons by another vessel of similar characteristics; (ii) a change in the cabin or hotel accommodation, provided that the cabin and / or the hotel are of the same or higher category ; and (iii) changes to the show programs and other entertainment programs on board the ship.
3.2 Any warranty claims remain unaffected insofar as the altered services are flawed.
3.3 The tour operator is obliged to inform the traveler about significant service changes immediately after learning about the reason for the change.
3.4 In the event of a substantial change of an essential travel service the traveler is entitled to withdraw from the travel contract or to demand participation in an equivalent journey, if the tour operator is able to offer such a tour from the offer available without additional cost to the traveler .The traveler has to assert this right immediately after the declaration of the tour operator about the change of the travel services or the cancellation of the trip against the tour operator. Can Half Moon Cay not be called at (for example, due to the prevailing weather conditions), warranty or damage claims are excluded because of it.

4. Price increase
The tour operator reserves the right to change the price agreed upon in the travel contract in the event of a subsequent increase in transportation costs or charges for certain services such as port or airport fees, taxes or a change according to the exchange rates that apply for the respective journey as follows:
4.1 If the transportation costs existing at the conclusion of the travel contract (particularly air transportation costs with fuel surcharges and fuel costs of the ships), the tour operator can increase the tour price in accordance with the following calculation:
a) For an increase related to the seat the tour operator may require from the passenger the amount of increase.
b) Otherwise, the additional transportation costs required by the transportation company per means of transportation is divided by the number of seats or cabin seats of the means of transportation agreed upon. The tour operator can demand from the passenger the resulting increased amount for a single seat.
4.2 If the charges existing at the conclusion of the travel contract such as port or airport charges increase for the tour operator, the tour price may be increased to the extent to which the journey has become more expensive for the tour operator.
4.3 In the event of a change of the exchange rates after the conclusion of the contract the travel price may be increased to the extent to which the journey has become more expensive for the tour operator.
4.4 In the event of a subsequent change of the travel price the tour operator has to inform the traveler immediately after learning the reason for the change. Price increases are only allowed to be charged to the traveler up to 21 days before departure. If the price increases by more than 5% the traveler is entitled to withdraw from the contract at no cost or to demand participation in an at least equivalent journey if the tour operator is able to offer such a tour from the offer available without additional cost to the traveler. The traveler has to assert the aforementioned rights related to the price increase to the tour operator immediately after the notification.
4.6 The contract price includes no offers and services that are usually sold to travelers on Holland America Line cruises (e.g. casino, photos, videos, body care and massage, shops, dining in specialty restaurants as well as other food and beverages that are usually paid for by the traveler on Holland America Line cruises, shore excursions, bingo, internet cafe, shopping deals, art auctions and tuxedo rental). An optional service charge of $ 11.50 per guest in cabins or U.S. $ 12.00 per guest in suites is automatically posted daily to the bill. If our service exceeds expectations, the traveler can adjust this amount at the end of the cruise. Uponn request, the amount can also be deducted from the on-board account. The service charge is paid fully to the crew of Holland America Line. Beyond that, at the bars and for wine orders at the restaurant a service charge to the amount of 15% is automatically calculated.

5. Cancellation by the traveler before departure / cancellation fees
5.1 The traveler can withdraw from the trip at any time prior to departure. The resignation shall be submitted to the tour operator at the address given above.
If the trip was booked through a travel agent, the withdrawal can also be explained at the travel agency. The traveler is recommended to explain the withdrawal in writing.
5.2 If the traveler withdraws prior to departure, or does not start the journey , the tour operator loses the claim for the tour price. Instead, the tour operator, provided that the cancellation is not the fault of the tour operator or a case of force majeure, may charge a reasonable cancellation fee for the travel arrangements made up to the time of the cancelation and the expenses thus incurred depending on the respective travel price.
5.3 The tour operator has arranged this compensation in a staggered manner in terms of time, i.e. taking into account the proximity of the travel date contractualy agreed upon to the time of withdrawal on a percentage basis to the lump sum of the travel price and considering at the calculation of compensation, the usual expenses incurred and possibly other uses of the travel services. The cancellation fee is calculated based on the ship, the destination as well as the receipt date of the traveler's withdrawal declaration, as follows.

For all Europe deparatures of MS Prinsendam,MS Maasdam, MS Veendam
- up to 74 days before departure: 20% of the tour price
- between 73 and 43 days before departure: 50% of the travel price
- Between 42 and 22 days before departure: 75% of the travel price
- on and after 21 days before departure: 90% of the travel price

For all departures to Australia, New Zealand, South Pacific, South America (including Inca discovery), Antarctica, Africa and Indian Ocean, Asia (including the Far East, MS Rotterdam), Amazon, Inca empires, Hawaii, Tahiti & Marquesas (29 days or longer)
- up to 74 days before departure: 20% of the tour price
- between day 73 and 43 before departure: 50% of the travel price
- between day 42 and 22 before departure: 75% of the travel price
- on and after 21 days before departure: 90% of the travel price

All "Holiday" departures, if the cancellation notification was received ...
- up to 74 days before departure: 20% of the tour price
- between day 73 and 43 before departure: 50% of the travel price
- between day 42 and 22 before departure: 75% of the travel price
- on and after 21 days before departure: 90% of the travel price

For all Europe departures (except MS Prinsendam, MS Maasdam, MS Veendam)
- up to 46 days before departure: 20% of the tour price
- between day 45 and 29 before departure: 50% of the travel price
- between day 28 and 16 days before departure: 75% of the travel price
- on and after 15 days before departure: 90% of the travel price

For all Caribbean departures, for all Panama Canal, Mexico, Canada & New England, Alaska Cruises and Land + Sea journeys and Hawaii (18 days or less) departures, if the cancellation notification was received ...
- up to 46 days before departure: 20% of the tour price
- between day 45 and 29 before departure: 50% of tour price
- Between day 28 and 16 before departure: 75% of tour price
- on and after 15 days before departure: 90% of the travel price

For Grand World Voyage, Grand Voyages, for any section of the Grand World Voyage or Grand Voyages, if the cancellation notification was received ...
- between day 120 and 91 before departure: 20% of the travel price
- between day 90 and 76 before departure: 60% of the travel price
- on and after day 75 prior to departure: 90% of the travel price

6. Rebookings
6.1 If travelers want to book a different journey, they should ask the tour operator for clarification as to whether the request can be met. You do not have the right to reebook. Rebookings are mostly possible if you rebook for a journey that begins within 6 months of the original travel date and is more expensive. Bookings can only be made up to 56 days before departure and are only permitted once. For a rebooking a fee of 100, - € per person will be charged, plus emerging costs (e.g. third party fees). If the rebooking only refers to a single travel services (e.g. hotel or flight), a fee of 30, - € per person will be charged, plus arising costs. For rebookings and new bookings the advertised conditions apply; Discounts and special rates cannot be transferred.
6.2 Regardless, it is up to each traveler to withdraw from the originally booked journey according to the cancellation terms defined in section 5.3 and to book a new trip.

7. Unused services
If travelers does not use the travel services validly offered for reasons attributed to them (e.g. because of early return or for other compelling reasons),they are not entitled to a pro rata refund of the tour price. The tour operator will endeavor to refund the expenses incurred by the service provider. This obligation does not apply if it is about totally insignificant services or if a refund is contrary to legal or regulatory provisions.

8. Termination for behavioral reasons
The tour operator may cancel the contract without notice if the traveler
- has not communicated a travel incpacitation known to him prior to departure;
- has falsely declared the age
- according to the judgment of the captain or ship's doctor is unable to travel due to illness, infirmity or any other reason ;
- relies on caregiving but travels alone;
- lastingly interfere with the implementation of a journey despite a warning by the tour operator or the ship management or violates the contract to such an extent that the immediate cancellation of the contract is justified;
- has booked with false information;
- does not show upon time for the journey
- does not meet the necessary travel regulations or does not carry the necessary travel documents along so that there is a risk that other passengers may not leave the ship to go ashore
If the tour operator cancels, he shall retain the right to the tour price; but he must be credited the value of the expenses incurred as well as those benefits obtained from any other use of unused services, including any amounts refunded to him by the service providers.

9. Cooperation obligations of travelers
9.1Notice of defects
If the trip is not provided for according the contract, the traveler may demand remedy. The traveler, however, is obliged to report a travel defect that occurred immediately to the tour operator. If he fails to do so culpably, a travel price reduction does not apply. This does not apply only when the notice is recognizably hopeless or for other unreasonable reasons. The traveler is obliged to report defects immediately to the hotel manager on board. Is a hotel manager not available on site, any travel defects must be reported to the tour operator at its headquarters. About the accessibility of the hotel manager respectively the tour operator, the traveler is informed in the travel documents. The hotel manager is authorized to provide legal remedy as far as this is possible. However, he is not authorized to recognize claims made by the traveler.
9.2 Deadline before termination
If a traveler wants to cancel the travel contract because of a travel defect of the kind specified in § 615 c of the German Civil Code according to § 615 e German Civil Code or because of important reason acknowledged by the tour operator due to unreasonableness, he must previously give the tour operator a reasonable time for remedy. This does not apply if remedy is impossible or is refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the traveler acknowledged by the tour operator..
9.3 Baggage loss, damage to baggage and baggage delay
The tour operator strongly recommends that damage or delays in air travel immediately be notified by means of a Property Irregularity Report (PIR = Property Irregularity Report) at the respective airline. Airlines usually reject refunds if a damage report has not been filled out. The damage report is to be refunded in case of baggage damage within 7 days and in case of delays within 21 days after delivery. Moreover, the loss, damage or the misdirection of baggage has to be reprted to the hotel manager or the local representative of the tour operator. The tour operator assumes no liability for baggage that was handed over to a third transportation company respectively an airline whose services are not provided as part of the travel contract.
9.3 Travel documents
The traveler must inform the tour operator if he does not receive the necessary travel documents (e.g. flight ticket, hotel vouchers) within the time limit communicated by the tour operator.

10. Limitation of liability
10.1 The contractual liability of the tour operator for damages other than personal injury is limited to three times the travel price
a) as far as the damage to the traveler is caused neither willfully nor by gross negligence or
b) if the tour operator is responsible for a loss incurred by the traveler solely through the fault of a service provider.
10.2 The tortious liability of the tour operator for damage to property not based on intent or gross negligence is limited to three times the price. This maximum liability amount applies per passenger and journey. Possible further claims in connection with travel luggage according to international conventions remain unaffected by this limitation.
10.3 The tour operator is not responsible for service disruptions, injuries and property damage in connection with (i) transportation, shore excursions, accommodation and care on flights and on land that is done by a third party (e.g. goods and services provided by physicians on the mainland, air rescue units, hotels, restaurants, airlines, railways, land excursions and tour operators that are not available in conjunction with the tour operators, providers of helicopter tours, operators of amusement parks, operators of boat trips or coach companies), or (ii) acts or negligence on the part of the ship medical practitioner, the ship nurse, the store personnel, the health and wellness staff, photographer or any other third persons whose services are used, if these services are marked in the travel advertisemt, in the brochure of the tour operator respectively or the website or if the booking confirmation is expressly marked indicating the intermediary contract partner as external services as to clearly be visible for the traveler as not part of the travel services of the tour operator.
In contrast to the above situations, the tour operator is liable
a) for services which involve the transportation of passengers from the advertised place of departure to the advertised destination, intermediate transportation during the journey and accommodation during the trip,
b) if and insofar the violation of instructional, educational or organizational obligations has become the cause for damage to the traveler on behalf of the tour operator

11. Exclusion of claims
Claims for non-contractual performance of the journey the traveler has to make within one month after the contractually agreed date of the termination of the journey. The assertion can only be made by keeping of a term against the tour operator at the address mentioned above. After the deadline, the traveler may only assert his rights when through no fault of his own he has been prevented from complying with the deadline. However, this does not apply to the deadline for filing baggage damage or baggage delay in connection with flights in accordance with clause 9.3. These are to be reported within 7 days for baggage damage and within 21 days for baggage delay after delivery.

12. Statute of limitations
12.1Claims made by the traveler according to § § 651c to f of the German Civil Code arising from injury to life, body or health, based on an intentional or negligent breach of duty on the part of the tour operator or a legal representative or agents of the travel organizer, expire in two years. This also applies to claims for compensation of other damages based on an intentional or grossly negligent breach of duty on the part of the tour operator or a legal representative or an agent of the travel organizer.
12.2 All other claims under § § 651 c to f of the German Civil Code expire after one year.
12.3 The limitation period under sections 12.1 and 12.2 begins with the day following the day of the contractual end of the journey.
12.4 If negotiations are pending between the traveler and the tour operator on the claim or the circumstances giving rise to the claim, the limitation period is suspended until the traveler or the tour operator refuses to continue negotiations. The limitation period shall expire no earlier than three months after the end of the suspension.

13. Information obligations on the identity of the operating air carrier
The EU regulation on informing air passengers about the identity of the operating air carrier obliges the tour operator to inform the traveler upon booking about the identity of the operating carrier of all air transportation services to be provided in the context of the booked journey.If at the time of booking the operating carrier is not yet known, the tour operator is obliged to provide to the traveler the airline or airlines, which will probably operate the flight.Once the tour operator knows which airline will operate the flight, the tour operator must inform the traveler.
If the airline mentioned to the traveler as operating airline changes, the tour operator must inform the traveler about the change. The tour operator must immediately take all reasonable steps to ensure that the traveler will be informed as soon as possible about the change.
The "Blacklist" can be found on the following website: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm.

14. Passport, visa and health regulations
14.1 The tour operator will inform German, Swiss and Austrian citizens about passport, visa and health requirements before signing the contract as well as about possible changes prior to departure. It is assumed that no special features exist in the person of the traveler and any fellow travelers (.eg. dual citizenship, statelessness). For citizens of other countries the competent consulate will provide information.
14.2 The traveler is responsible for obtaining and carrying the necessary travel documents required by the authorities, any necessary vaccinations as well as for complying with customs and currency regulations. Drawbacks arising from non-compliance with such regulations, such as the payment of cancellation costs, shall be borne by him. This does not apply if the the tour operator has not informed the traveler or has inadequately or incorrectly informed the traveler.
14.3 The tour operator is not liable for the timely issue and the accesss for necessary visas from the respective diplomatic representation, if the traveler has commissioned him to obtain them unless the tour operator has culpably violatedits own duties.

15. Choice of law
The legal relationship between the traveler and the tour operator shall be exclusively applicable at the residence of the traveler.

16. Notice of termination due to force majeure
To terminate the travel contract reference is made to the statutory provision of the German Civil Code, which reads as follows:
"§ 651j (1) If the trip is substantially impeded, endangered or impaired due to an unpredictable force majeure at the conclusion of the contract both the tour operator and the traveler may terminate the contract only in accordance with this provision.
(2) If the contract is terminated accoding to paragraph 1, the provisions of § 651 e paragraph 3 clause 1 and 2, paragraph 4, clause 1 apply. The additional costs of repatriation shall be borne equally by the parties. Moreover, the additional costs are borne by the traveler. "

17. Data protection
In this clause 17 the term "you" refers to the traveler. In order to process your booking and to ensure that your trip proceeds smoothly and meets your expectations, the tour operator requires your personal information, such as name, address, any special requirements, e.g in relation to health, medical care, mobility limitations or diet, etc. The tour operator may hand out under certain circumstances personal information to other relevant providers that are involved in the organization of your trip, such as travel agencies, airlines, hotels and transportation companies. Your personal information will potentially also be passed to the security and / or credit check companies, credit and debit card companies, government agencies or law enforcement authorities (e.g. customs and immigration authorities) if the legal regulations require it. Depending on your travel requirements, this can include the sending your personal information between different countries including countries outside the European Union, where compliance with the data protection laws are not as strict under certain circumstances, as legislation would require. With the conclusion of the contract you nevertheless agree with the passing of your data to these countries.
This can also apply to any sensitive information that you provide to us, such as details of disabilities or special needs related to nutrition and faiths.
If the tour operator cannot pass your personal information to relevant providers, regardless of whether they are within or outside the European Economic Area, the tour operator cannot guarantee a valid reservation. For the safety of the ship and its passengers during the cruise in some regions the tour operator may use a video surveillance system. Note, however, that the tour operator does not set all cameras or uses the devices for monitoring or for recording round the clock.

Operator:
HAL Services B. V.
Otto Reuchlinweg 1110
PO Box 23378
NL-3001 KJ Rotterdam
Netherlands

Updated: 04/2014