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The terms of travel govern the contractual relationship between the tour participant and UC Unlimited Cruises GmbH & Co. KG. All bookings are expressly accepted solely on the basis of the following General Terms & Conditions of Travel; they apply in addition to Civil Code § 651 a – m and Civil Code Information Ordinance §§ 4 - 11.
1. Registration, Tour Confirmation
1.1. On registering for a trip, you make UC Unlimited Cruises a binding offer to conclude a travel contract. This can be done in writing, orally or by telephone. For us, the travel contract only acquires binding effect when we send you written confirmation of the booking and the tour price. On or immediately after contract closure, you will get written confirmation. This confirmation contains all the important details about the travel services that have been booked. If the content of the tour confirmation differs from the content of the booking made on registration, then this constitutes a new proposal by which we will be bound for a period of 10 days. The contract shall be brought about on the basis of this new proposal if you declare acceptance to us within 10 days.
1.2. A preliminary reservation is a registration for a tour not yet advertised. Depending on availability it will be converted into a firm booking as soon as the catalogue and the prices for the season concerned have been published.
2. Payment
2.1. On contract closure a deposit of 10% of the tour price falls due, in return for delivery of the tour confirmation including the guarantee certificate. In the case of specifically marked tours and shipping lines, a deposit of 25% has to be paid. The deposit is counted towards the tour price. If the deposit is not paid in good time in compliance with the contract, then after issuing a warning and setting a deadline the tour operator may give notice terminating the contract, and apply the table of cancellation fees.
2.2. The amounts payable by way of a deposit, the outstanding balance and cancellation fees (where applicable) are given in the tour confirmation.
2.3. For bookings made 30 days or less before commencement of travel (bookings made at short notice), the full tour price has to be paid straightaway on booking.
2.4. To secure customers’ payments and cover the insolvency risk, UC Unlimited Cruises has effected insurance with Travelsafe.
2.5. If the tour price has not been paid in full by the date of departure, then the contract shall be rescinded after a warning has been issued and a deadline has been set. The tour operator may demand cancellation fees applying the flat-rate compensatory amounts given in Item 5 below, unless the tour already has some substantial defect by that time.
2.6. The tour price does not include the costs for incidental services, such as making reservations by telegraph or telephone or making enquiries. If any such costs are incurred, please pay them to your travel agent separately.
2.7. The premium for any insurance effected through UC Unlimited Cruises falls due for payment together with the deposit. Cancellation fees fall due for payment immediately.
3. Services, Prices
3.1. All prices are per person. Your tour price includes accommodation and meals on board the ship booked (except for meals and drinks offered at speciality restaurants, such as Pinnacle Grill and Tamarind on Holland America Line), all activities on board the ship, and transfer journeys to and from the airport, hotel and ship where applicable (see tour advertisement). The tour price does not include personal expenses, optional programmes or activities, alcoholic beverages or soft drinks, laundry or dry-cleaning services, shore excursions, medical care or assistance, hairdressing or wellness services. The port charges and taxes are included in the tour price.
3.2. The contractual services are given in the respective specifications of performance (e.g. catalogue, flyer, Internet) and in the details in the tour confirmation that refer thereto. We may make alterations to the specifications of performance at any time before contract closure; you will of course be informed accordingly before you make a booking.
4. Changes in Services, Price Adjustments
4.1. It may become necessary to alter individual travel services, e.g. routes, even after contract closure. Modifications altering material travel services from the agreed content of the travel contract, which become necessary subsequent to contract closure and which have not been induced by UC Unlimited Cruises in breach of good faith, are only permitted provided they are not substantial and are not detrimental to the overall character of the tour booked. Any warranty claims shall remain unaffected if the modified services are flawed.
4.2. If there is any increase in transport costs or in levies for certain services, such as port and airport taxes, or any change in the exchange rates relevant to the tour concerned, UC Unlimited Cruises reserves the right to increase the tour price agreed in the travel contract accordingly, as follows:
4.2.1. If there is any increase in the transport costs applying on the date of contract closure, in particular fuel costs, UC Unlimited Cruises may increase the tour price in accordance with the following calculation:
a) If an increase is made per seat, the tour operator may charge the customer the amount of such increase.
b) In other cases, the extra transport costs which the carrier charges for each means of transport will be divided by the number of seats on the agreed means of transport; UC Unlimited Cruises may charge the customer the increase per seat thus calculated.
4.2.2. If there is any increase in the levies charged to UC Unlimited Cruises as in force on the date of contract closure, such as port or airport taxes, the tour price may be increased by the corresponding pro rata amount.
4.2.3. If there is any fluctuation in exchange rates after contract closure, the tour price may be increased to the extent that this has put up the cost of the tour for UC Unlimited Cruises.
4.2.4. An increase is only permissible provided more than 4 months have lapsed between the date of contract closure and the agreed date of travel, and provided the circumstances resulting in the increase had not occurred prior to contract closure and could not be foreseen by UC Unlimited Cruises at the time of contract closure.
4.2.5. In the event of any subsequent alteration being made to the tour price, UC Unlimited Cruises must inform the customer accordingly straightaway. Price increases made 20 days or less before commencement of travel are null and void. In the event of prices being increased by more than 5% or of a substantial alteration being made to a material travel service, the tour participant shall be entitled to either withdraw from the travel contract at no charge, or to request a place on a different tour of at least equal value, provided UC Unlimited Cruises is able to offer an appropriate tour out of its programme at no extra cost to the tour participant.
4.3. The aforementioned rights must be claimed by the tour participant vis-à-vis UC Unlimited Cruises immediately after the latter has issued its notification.
4.4. The right is reserved to make subsequent alterations to the offers as published in the catalogues (to correct printing errors or mathematical mistakes) until written confirmation is issued by UC Unlimited Cruises. If any such alterations are only made in the confirmation, reference is made to Item 1.1 of these Terms & Conditions of Travel.
4.5. On sea voyages, any modifications to sailing times and/or routes which become necessary for safety reasons or due to weather conditions are decided solely by the captain responsible for the ship. Sailing times are only given subject to alteration.
4.6. Allocation to a higher category: The tour operator and the shipping lines reserve the right to allocate guests to a higher cabin category at their own discretion but at no extra cost.
5. Withdrawal by the Customer, Change in Booking, Substitute Tour Participant
5.1. The customer may withdraw from the trip at any time before commencement of travel. In the customer’s own interests (documentation) and to avoid any misunderstandings, this should be done in writing. The declaration of withdrawal takes effect on the date on which it is received by UC Unlimited Cruises. If the tour participant withdraws or does not commence travel, we demand compensation for the travel arrangements made and for the time and costs expended in accordance with Civil Code § 651 i. The flat-rate compensatory amounts also have to be paid if a tour participant fails to appear punctually at the respective airport of departure or at the tour destination at the times given in the travel documents, or if the tour participant does not embark on travel because travel documents are lacking (e.g. passport or any visa required).
As a rule, the following flat-rate cancellation fees are charged per person:
5.1.2 HOLLAND AMERICA LINE
For trips lasting up to 25 days:
- up until 121 days before commencement of travel: EUR 130 per person
- 120 - 91 days before commencement of travel: 20% of the tour price
- 90 - 66 days before commencement of travel: 30% of the tour price
- 65 - 45 days before commencement of travel: 75% of the tour price
- 44 - 30 days before commencement of travel: 85% of the tour price
- 29 days or less before commencement of travel: 90% of the tour price
For cruises lasting 26 or longer and for passages on the World Tour:
- up until 121 days before commencement of travel: 10% of the tour price
- 120 - 93 days before commencement of travel: 50% of the tour price
- 92 - 78 days before commencement of travel: 80% of the tour price
- 77 days or less before commencement of travel: 90% of the tour price
5.1.3 WINDSTAR CRUISES
- up until 121 days before commencement of travel: EUR 130 per person
- 120 - 91 days before commencement of travel: 20% of the tour price
- 90 - 61 days before commencement of travel: 40% of the tour price
- 60 - 31 days before commencement of travel: 75% of the tour price
- 30 days or less before commencement of travel: 90% of the tour price
5.1.4 MS ARANUI 3 - (CPTM)
- up until 62 days before commencement of travel: EUR 95 per person
- 61 - 46 days before commencement of travel: 33% of the tour price
- 45 - 31 days before commencement of travel: 66% of the tour price
- 30 days or less before commencement of travel: 90% of the tour price
5.2. The tour participant is free to prove to UC Unlimited Cruises that in connection with its withdrawal or failure to commence travel, only much smaller losses have been incurred than the flat-rate demanded, or none at all. Withdrawal fees are payable to the tour operator on demand and shall be offset against the tour price.
5.3. Change in Booking
At your request, we will change your booking; for doing so, we charge a flat rate of EUR 30 per person up until 121 days before commencement of travel. Changing the date of travel, the name of the customer, the ship, the transfer to the port (mode of transport, time, place of departure) – insofar as these services have been booked with Unlimited Cruises – all count as a change in booking. Change requests after this deadline can only be made – insofar as they possible at all – by the customer cancelling the travel contract in accordance with the terms laid down in Item 5.1 above, and registering anew at the same time.
5.4 Substitute
Before the departure date, the tour participant may request that in its stead a third party enter into the rights and obligations under the travel contract. UC Unlimited Cruises must be notified. UC Unlimited Cruises may object to changing the passenger if the substitute does not meet the specific travel requirements, or if the third party’s participation conflicts with statutory or official regulations. If a substitute takes the place of the registered tour participant, UC Unlimited Cruises shall be entitled to demand the extra costs incurred by the third party joining the tour. The tour participant originally registered and the substitute shall be liable as joint and several debtors both for the tour price and for any extra costs incurred by the third party joining the tour.
6. Withdrawal / Termination by the Tour Operator
6.1. The tour operator may terminate the travel contract without notice if, despite a warning from the tour operator, the participant persistently disrupts implementation of the trip or commits a gross breach of contract, such that immediate cancellation of the contract is justified. However, the tour operator shall still remain entitled to the tour price. Any extra costs for the return journey must be borne by the person concerned. However, the tour operator must allow setoff of any unexpended costs and any gains acquired by making alternative use of the services no longer being used by the tour participant, including the amounts credited to it by the service providers.
6.2. Withdrawal on under-booking: Provided attention was drawn in the tour advertisement and the tour confirmation to the required minimum number of tour participants, the tour operator may cancel the tour if that number is not reached by 4 weeks before the departure date. The tour operator will of course inform the tour participant earlier if it becomes evident that the minimum number of participants will not be reached. The cancellation notice shall be sent to the tour participant without delay. The tour participant shall be refunded the tour price already paid.
6.3. The tour operator may cancel the tour up until 4 weeks before the date of departure if – after exhausting all available possibilities – it emerges that conducting the tour would mean that the tour operator generated losses beyond all reason (in relation to the tour concerned). However, the tour operator has no right of withdrawal if it is itself responsible for the underlying circumstances (e.g. calculation error) or if it is unable to furnish proof of such circumstances. The cancellation notice shall be sent to the tour participant without delay. In the event of cancellation by the tour operator pursuant to Item 6.2 above, the tour participant shall be entitled to request a place on a different tour of at least equal value, provided the tour operator is able to offer an appropriate tour out of its programme at no extra cost to the customer. This right must be claimed by the tour participant vis-à-vis the tour operator immediately after the latter has issued notification of cancellation. The tour participant shall immediately be refunded the tour price already paid, unless it exercises its right to take part in a tour of equivalent value.
7. Termination due to Extraordinary Circumstances
7.1. With regard to terminating the travel contract due to force majeure, reference is made to the statutory regulation in the Civil Code § 651 j, which reads as follows
: (1) If the trip is substantially obstructed, jeopardised or impaired as the result of force majeure not foreseeable at the time of contract closure, then both the tour operator and the traveller may give notice terminating the contract solely on the strength of this provision. (2) If the contract is terminated pursuant to Para. (1), then the provisions of § 651e (3) Clauses 1and 2 and § 651e (4) Clause 1 shall apply. The extra costs for return transport are to be shared equally by the parties. Any other extra costs shall be at the traveller’s expense.
7.2. Travel information from the Foreign Office can be obtained in the Internet at
www.auswaertges-amt.de or by calling tel. 030 18-17-2000.
8. Travel Insurance
In order to make sure that you are properly insured during your holiday, we offer you ERV’s all-round insurance package including travel cancellation insurance. Amongst other things, the package provides the following coverage:
- Reimbursement of the contractual cancellation fees if you do not commence travel, reimbursement of the extra costs if your outward journey is delayed, and reimbursement of the extra costs for returning prematurely, e.g. due to sickness or accident.
- Reimbursement of treatment costs in the event of sickness or accident.
- All-round immediate assistance during your holiday.
- Coverage for lost and damaged luggage.
Details of the premiums and benefits are given in this brochure. Insurance should be taken out immediately on booking the trip, and must be effected 30 days before the scheduled departure date at the latest. If you book less than 30 days before commencement of travel, insurance can only be taken out on the date of booking, or within the next three working days at the latest.
9. Guarantee, Liability
9.1. The tour operator cannot assume any liability for the information contained in hotel or ship brochures or in local tourist leaflets that do not constitute the subject-matter of the contractual agreement, because it has no influence on their making and does not check them for accuracy.
9.2. If a travel service is not provided or is not rendered in accordance with the contract, the tour participant may demand relief within a reasonable period. The tour operator may refuse relief if the substitute performance would incur excessive time and cost. It may effect relief by providing some substitute performance of equal or higher value, provided non-performance or non-compliance with contractual performance is not due to some circumstance that occurred subsequent to contract closure and was not induced by the tour operator in breach of good faith.
9.3. After returning from the trip the tour participant may demand a reduction in the price if any travel services were not provided in compliance with the contract, provided it did not culpably omit reporting the defect.
9.4. If a tour is substantially impaired due to some defect, and if the tour operator does not take remedial action within a reasonable period, the tour participant may terminate the travel contract as laid down by law; in its own interests and for the sake of providing evidence, it is expedient to do so by issuing a written statement. The same applies if the tour participant cannot reasonably be expected to travel for some important reason that is evident to the tour operator and is due to some defect. Fixing a deadline for remedial action is not required only if relief is impossible or is refused by the tour operator, or if some particular concern on the tour participant’s part justifies terminating the contract immediately. If the travel contract is then cancelled, the tour participant shall remain entitled to return transport. It shall owe the tour operator the portion of the tour price attributable to the services used, provided such services were of interest to the tour participant.
9.5. If an on-board tour supervisor is not available, complaints must immediately be reported to the ship’s command, the on-board travel office or UC Unlimited Cruises. If a tour participant culpably fails to perform this obligation, it shall not be entitled to any claims in this respect.
9.6. If there is any defect, the tour participant – notwithstanding a reduction in the tour price or termination of the travel contract – may demand compensation, unless the defect is due to some circumstance that is beyond the control of UC Unlimited Cruises. The tour participant may also demand compensation for wasted holiday time, if the tour is disrupted or substantially impaired.
9.7. Our contractual liability is limited in total to three times the tour price for loss or damage other than physical harm, provided the tour participant’s loss or damage has not been brought about by intent or gross negligence on our part. This limitation in liability to three times the tour price also applies if we are responsible for the tour participant’s loss or damage simply because a service provider is at fault.
9.8. If UC Unlimited Cruises is deemed the contractual carrier, we shall be liable alongside the contractual shipping line in accordance with the provisions of the Commercial Code. Taking part in sports activities or other leisure-time activities is at your own risk.
9.9. For all claims in tort that are not based on intent or gross negligence, the tour operator’s liability for loss or damage other than physical harm is limited to three times the tour price, provided the loss or damage to the tour participant was not caused by the tour operator with intent or due to gross negligence. This limitation in liability to three times the tour price also applies if the tour operator is responsible for the loss or damage to the tour participant simply because a service provider was at fault. These maximum indemnity limits apply per tour participant and tour. UC Unlimited Cruises shall not be liable for defective performance, personal injury or property damage in connection with services which it has merely arranged with third-party providers (e.g. outings, sports events, exhibitions, theatre performances, transport services from and to the specified point of departure and destination), and which in the tour advertisement and in the booking confirmation are termed external services so plainly – giving the name of the contractual partner providing them – that it is evident to the customer that they are not part of UC Unlimited Cruises travel services.
9.10. If the tour operator has the status of a contractual air carrier, its liability shall be governed by the provisions of the Air Traffic Act in conjunction with the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, and the Montreal Agreement as per 28 May 1999. The Warsaw Convention generally limits the air carrier’s liability for death or physical injury and for lost and damaged luggage. If the tour operator is the service provider in any other context, it shall be liable in accordance with the provisions applicable in the case concerned.
9.11. The tour operator requests passengers on flights to report on the spot any damaged or delayed luggage to the airline responsible immediately after the loss or damage is ascertained – and at the latest within 7 days in the case of lost luggage, and within 21 days in the case of delayed luggage – by filling in a Property Irregularity Report (P.I.R.). Airlines generally refuse to make any refund if a P.I.R. form has not been filled in. Apart from this, any lost, damaged or miscarried luggage must be reported to the tour guide or to the tour operator’s local office.
10. Preclusion, Limitation
10.1. Claims based on the fact that the tour was not provided in accordance with the contract pursuant to Civil Code, § 651 c) – f) must be filed with your tour operator UC Unlimited Cruises GmbH & Co. KG, Verdener Str. 2, 27243 Harpstedt, within one month of the contractual date of return; otherwise, they shall lapse. In your own interests, claims should be filed in writing. After this date, the tour participant may only assert claims if it was prevented from meeting the deadline through no fault of its own.
10.2. Claims pursuant to Civil Code, § 651 c) – f) for mortal injury, physical harm or health damage due to a wilful or negligent breach of duty by UC Unlimited Cruises or by one of its statutory representatives or vicarious agents, shall become statute-barred after two years. This also applies to compensation claims for any other loss or damage that is due to a grossly negligent breach of duty by UC Unlimited Cruises or by one of its statutory representatives or vicarious agents.
10.3. All other claims pursuant to Civil Code, § 651 c) – f) shall become statute-barred after one year. Claims in tort shall become statute-barred after three years.
10.4 In relation to the aforementioned paragraphs, the period of limitation shall commence on the day after the last day of the tour as stipulated in the contract.
10.5. If negotiations on the claim or the underlying circumstances are pending between the tour participant and UC Unlimited Cruises, the period of limitation shall be suspended until such time as the tour participant or UC Unlimited Cruises finally breaks off such negotiations. Limitation shall not take effect until at least three months after such suspension has ceased.
11. Passport & Visa Requirements; Customs, Exchange & Health Regulations
Before contract closure, the tour operator undertakes to inform citizens of the country where the tour is advertised about the passport and visa requirements and health regulations, and announce any changes made prior to commencement of travel. Citizens of other countries can obtain information from their nearest consulate. If the tour participant requests the tour operator to obtain any visas required, the tour operator shall not be liable for them being issued by the respective diplomatic mission and received in good time, unless the tour operator is responsible for the delay. Each tour participant is itself responsible for compliance with all the rules and regulations relevant to conducting the tour. Any disadvantages resulting from non-compliance with any regulations, in particular payment of cancellation fees, shall be entirely at the tour participant’s own expense; this does not apply if the tour operator is at fault because it has not furnished information or has provided incorrect information. The advertisement in the catalogues contains essential information about the formalities required for your trip. Please take note of this information and enquire at your travel agency about further details.
The tour participant should find out early on about immunisation, inoculation and other preventive measures; where applicable, you should also obtain medical advice about thrombosis and other health hazards. Reference is made to the general information available in particular from public health authorities, doctors specialising in travel medicine, institutes of tropic medicine, travel medicine information services, or the Federal Health Information Centre.
12. Insurance
For your own safety, we recommend that you take out travel cancellation insurance, travel curtailment insurance, travel luggage insurance, travel accident insurance, and travel health insurance.
13. Data Protection
The personal data that you provide to us is processed and used electronically insofar as it is required for implementing the contract. In addition, we would also like to keep you informed in writing about our latest offers, unless you indicate to us that you do not want this. If you do not want to be sent information, please contact the Data Protection Division at the tour operator’s address given under. If the processing and usage of personal data is outsourced to external service providers outside the EU or the EEA (non-Member States with lower standards of data protection), the “EU Standard Contractual Clauses” are agreed to ensure the protection of your sensitive data.
14. Place of Jurisdiction
German law applies. Legal action brought against the tour operator must be filed at the location of its registered place of business. For registered traders, for persons who have no general place of jurisdiction in this country, and for persons who relocate abroad subsequent to contract closure or whose place of residence or normal place of abode is unknown on the date on which action is brought, place of jurisdiction shall be at the location of the tour operator’s registered place of business in Harpstedt = Wildeshausen Local Court. If this choice of law implies derogating from the compulsory provisions of Art. 29 of the Introductory Law to the Civil Code, or from clauses under international treaties that may not be waived and that are more favourable or provide greater protection to the tour participant, such provisions or clauses shall have priority over the choice of law hereunder.
Tour Operator:
UC UNLIMITED CRUISES GMBH & CO. KG
Verdener Str. 2, D-27243 Harpstedt
Oldenburg Commercial Register no. HRA 140632
Acting as an agency of Holland America Line, Windstar Cruises, CPTM.
All the information provided is correct at the time of going to print in November 2010 and relates solely to the period of validity of the 2011 catalogue.
Status: 10 / 2010
