Scope of these General Terms of Travel and your contracting party
These terms and conditions govern the legal relationships between you as the traveler and the tour operator, acting under the brand “Seabourn”. Your contractual partner and tour operator is HAL Services B.V. (Seat: Otto Reuchlinweg 1110, PO Box 23378, NL-3001 KJ Rotterdam, The Netherlands) (tour operator).
These terms and conditions do not apply if the traveler raises legal action against the tour operator in a court outside Germany, Austria, or Switzerland; then the English terms and conditions ("Travel Agreement") apply in accordance with their use in the United States.
The following terms and conditions apply in addition to Sec. 651a - y BGB (German Civil Code) and Articles 250 and 252 EGBGB (German Introductory Act to the Civil Code). The term "customer" below refers to our contractual partner and "travelers" to those persons who actually travel.
Personal Requirements of the Traveler
The Customer assures that the Travelers are fit to travel. The Tour Operator has the right to request a medical certificate about the ability of the Travelers to travel from the Customer and the Travelers.
No customer under 21 years of age is permitted to book a cruise, and any traveler under 21 years of age must travel in a stateroom with a traveler of 21 years or older who shall assume responsibility for their care during the cruise. For family groups booking multiple staterooms, the minimum age for at least one person in each stateroom is 16 years of age, provided that they are traveling with a parent or legal guardian. The minimum age required for the traveler to sail is 6 months of age at the time of embarkation. Where there are more than 2 consecutive sea days for a voyage, the minimum age required for the traveler is 12 months of age at the time of embarkation in order to sail. A traveler must be at least 6 years of age at the time of embarkation in order to sail on voyages to Antarctica or on Expedition Cruises. The Tour Operator cannot accept a booking or carry any traveler who will be 24 completed weeks or more pregnant on the last day of the intended cruise. All pregnant travelers are required to produce a physician’s letter stating that mother and baby are in good health, fit to travel, and that the pregnancy is not high-risk.
1. Registration and conclusion of the travel contract
1.1 With the booking (travel registration), the customer offers the tour operator bindingly the conclusion of a travel contract. The basis of this offer is the travel advertisement with all information contained therein, in particular also with regard to offered flights, as well as these travel conditions.
1.2 The contract is concluded exclusively by the written booking confirmation or the invoice, issued by the tour operator. An electronic confirmation by the tour operator to have received the travel registration and any booking form signed at the office of a travel agency shall not constitute acceptance of the travel contract. In the event of non-acceptance of the travel request, the tour operator shall not be obliged to explicitly declare non-acceptance vis-à-vis the customer and / or justify the non-acceptance.
1.3 The customer shall be responsible for all contractual obligations of fellow travelers for whom he makes the booking as for his own, provided that he has accepted this obligation by express and separate declaration.
1.4 If the content of the travel confirmation differs from the content of the registration, the tour operator is bound by this new offer. The travel contract is based on the new offer, if the customer accepts the offer by express declaration, deposit, balance or travel.
2.1 The tour operator and travel agent may only claim or accept payments on the travel price before the end of the trip if the customer was provided with the security certificate. Upon conclusion of the contract, a down payment of 20% of the travel price will be due for payment upon delivery of the security certificate. The final payment is due 30 days prior to departure, provided that the security certificate is handed over.
2.2 If the customer fails to pay the deposit and / or the remaining payment in accordance with the agreed payment terms, the tour operator shall be entitled to withdraw from the travel contract after a reminder with a deadline, and to charge the customer with cancellation costs in accordance with section 4.2 sentence 2 to 4.4.
3. Performance changes
3.1 The offers and information on the contractual travel services in the catalog correspond to the status at the time of printing. Up to the transmission of the booking request of the customer, however, for objective reasons, changes in the services are possible, which the tour operator expressly reserves. Of course, the tour operator will inform the customer about these changes before concluding the contract.
3.2. Changes to essential travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and were not brought about by the tour operator against good faith, are permitted provided that the changes are reasonable for the traveler taking into account the interests of the tour operator. Reasonable are only changes due to circumstances that occur after the conclusion of the contract and were not foreseeable for the tour operator at the conclusion of the contract. In addition, they should not change the character of the trip. In this context, changes to the travel and lay times and / or the routes (especially for security or weather reasons), which are decided by the captain responsible for the ship, are permitted.
3.3. Any warranty claims remain unaffected, as far as the changed services are flawed.
3.4 The tour operator is obliged to inform the customer about significant changes in service immediately after becoming aware of the reason for the change.
3.5 In the event of a substantial change in a material travel service, the customer is entitled to withdraw from the travel contract free of charge or to request participation in an at least equivalent trip, if the tour operator is able to offer such trip at no additional charge to the customer. The customer must assert these rights immediately after the tour operator has declared that the travel service has changed or that the travel has been canceled.
4. Cancellation by the customer before departure / cancellation costs
4.1 The customer can withdraw from the trip at any time prior to departure. The cancellation is to be notified to the tour operator at the address given below. If the trip was booked through a travel agency, the withdrawal can also be notified to the agency. The customer is recommended to declare the cancellation in writing.
4.2 If the customer cancels before commencement of the trip or does not start the trip, the tour operator loses the right to claim to the travel price. The tour operator may instead claim adequate compensation, unless the tour operator is responsible for the cancellation, or where exceptional circumstances occur at the place of destination or its immediate vicinity which materially affect the conduct of the trip or the transport of persons to the destination; circumstances are unavoidable if they are not under the control of the tour operator and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.3 The amount of the compensation is determined by the travel price minus the value of the expenses saved by the tour operator and less what the tour operator acquires by otherwise using the travel services, which must be justified by the tour operator at the request of the customer. The tour operator has determined the following compensation flat rates taking into account the period between the declaration of cancellation and the start of the trip, taking into account the expected savings in expenses and the expected earnings through alternative use of the travel services. The compensation will be calculated according to the time of receipt of the notice of cancellation as follows:
Cruises of 60 nights or more
10% (deposit) after confirming until 91 days prior
45% 90-42 days prior to departure
75% 41-16 days prior to departure
90% 15-6 days prior to departure
100% 6 days - day of departure / no show
Cruises of 59 nights or less
10% (deposit) after confirming until 57 days prior
45% 56-42 days prior to departure
75% 41-16 days prior to departure
90% 15-6 days prior to departure
100% 6 days - day of departure / no show
4.4 In any case, the Customer/Traveler is free to prove that no or substantially less damage has occurred than the lump sum demanded.
4.5 The Tour Operator reserves the right to demand higher, specified compensation in lieu of the aforementioned lump sums, insofar as the Tour Operator can prove that he has suffered damages exceeding the applicable lump sum. In this case, the Tour Operator is obliged to quantify and substantiate the compensation, taking into account the saved expenses and any other use of the travel service.
4.6 The Customer’s mandatory right as provided for in Art. 7:506 DCC to request a third Traveler stepping into the rights and obligations arising from the travel contract remains unaffected by the above conditions. For such transfer of the contract to another person, the Tour Operator charge processing fees of EUR 50.00 (plus any charges levied by third parties, in particular airlines).
5.1 If a Customer wishes to rebook another voyage offered by the Tour Operator, the Tour Operator should be approached in order to clarify whether such request can be met. The Customer / Traveler has no right to demand such change of the original travel contract and it is the Tour Operator’s sole discretion to accept or reject such request. This does not apply if the rebooking is necessary because the Tour Operator has given no, insufficient or false pre-contractual information to the Traveler pursuant to Art. 7:503 DCC; in this case, the change is free of charge. Otherwise, rebooking is, if at all, possible only if the rebooking is requested for a trip that commences within six months after the original trip should have been commenced and only in the event such rebooked travel would be at least at the same value as the original one. Rebookings can only be made up to 56 days before departure and are only allowed once. In contrast, changes that relate only to individual (mediated) travel services (such as hotel or flights) are possible at any time before departure. For rebookings and changes, the Customer will then be charged EUR 100.00 per person as well as fees charged by third parties (e.g. airlines). Changes that relate to pure name corrections are free of charge, with the exception of possible fees charged by any mediated third parties (e.g. airlines) for it.
For rebookings and new bookings, the published terms and conditions apply; discounts and special conditions cannot be transferred.
5.2 Irrespective of this, each customer is free to withdraw from the trip originally booked under the cancellation conditions in Section 4 and to book a new trip.
6. Unused services
If the traveler does not use individual travel services duly offered to him for reasons attributable to him (e.g. due to early return or for other compelling reasons), he has no claim to a pro rata refund of the travel price. The tour operator will endeavor to reimburse the expenses saved by the service providers. This obligation does not apply if the services are completely insignificant or if a refund conflicts with legal or regulatory requirements.
7. Termination for behavioral reasons
7.1 The Traveler has to obey the vessel’s guidance at any given time. Ship board guidance can be reviewed on board upon request. In addition, the Traveler shall strictly adhere to any order of the Master or the Crew at any given time.
7.2 The tour operator may terminate the travel contract without notice if the traveler
- has not communicated before departure a known travel unfitness or any other personal condition affecting his ability to conduct the travel;
- is incapacitated for travel due to illness, infirmity or any other reason, according to the judgment of the master or the ship's doctor;
- relies on a caregiver but travels without or is in need of any other support and lacks sufficient support;
- substantially disturbs the execution of a trip, despite a warning by the Tour Operator or the ship's management, or behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified;
- booked with false information;
- appears untimely when starting the trip or
- does not meet 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;
- carries or brings on board weapons, munition, explosives or inflammable or any other dangerous goods or consumes, carries or brings on board drugs or any other such substances or commits a crime; any attempt of the afore shall also be included;
- commits substantial violations against the ship board guidance or does not follow reasonably given orders of the ship’s crew and causing thereby danger to his, the ship’s and her amenities’ security or the security of any other person, or substantially disturbs or harass the crew or other travelers.
7.3 If the tour operator terminates the contract under this clause, the tour operator maintains the right to the travel price; however, the tour operator must deduct the value of the saved expenses as well as those advantages, which the tour operator obtains from another use of the unused service, including amounts paid to the tour operator by the service providers.
8. Duty of the Traveler in case of defects / misperformance
8.1 Notification of defects
If the trip is not performed in accordance with the contract, the traveler can demand redress.
Insofar as the tour operator could not remedy the situation as a result of a culpable omission of the defect notification, the traveler cannot assert any reduction claims according to Sec. 651 m BGB or claims for damages according to Sec. 651 n BGB.
If the notification of the defect is obviously not futile or otherwise unreasonable, the traveler is obliged to inform the tour guide at the holiday destination or on board without delay. If a tour guide on site does not exist, any travel deficiencies are to be reported to the tour operator at the registered office. The traveler will be informed about the contact details of the tour guide or of the tour operator in the contract description, but at the latest with the travel documents.
The tour guide is instructed to provide remedies, if possible. However, he/she is not authorized to acknowledge any traveler's claims.
8.2 Deadline before termination
If, due to a defects as specified in Sec. 651 i para 2 BGB, a customer wants to terminate the travel contract, as the defect is substantial, pursuant to Sec. 651 l BGB, he has to set a reasonable deadline for the remedy. This does not apply if remedial action is denied by the tour operator or if the immediate remedy is necessary.
8.3 Baggage loss, luggage damage and delayed luggage
The tour operator strongly recommends that damage or delays in the delivery of air travel be reported immediately on the spot by means of a claim notice (P.I.R. = Property Irregularity Report) to the responsible airline. Airlines usually refuse refunds if the claim’s form has not been completely filled out. The claim notice is to be filed within seven days if the luggage is damaged and within 21 days after delivery if the luggage is delayed. Incidentally, the loss, damage or misdirection of baggage must be reported to the tour operator or the local agent of the tour operator.
9. Limitation of liability
9.1 The contractual liability of the tour operator for damages that are not personal injuries and were not culpably caused is limited to three times the travel price.
Any further claims based on international conventions or on statutory provisions based on such conventions shall remain unaffected by this restriction.
9.2 The Tour Operator is not liable for defects, personal injuries and material damages in connection with services, which are mediated by the Tour Operator as third-party services only (e.g. mediated excursions, sport events, theater visits, exhibitions and any medical services or services of the on board shops or the spa or recreational facilities ) and if these services are clearly and expressly marked in the travel advertisement and the booking confirmation as third-party services, indicating the identity and address of the contractor, in such a way that for the Traveler these services are obviously not part of the travel services of the Tour Operator and were selected separately. Art. 7:513d DCC remains unaffected.
However, the Tour Operator is liable if and to the extent that the Traveler's damage was caused by the Tour Operator's infringement of his obligations with regard to information, explanation or organizational duties.
9.3 The Tour Operator is not liable for the loss or damage to any valuables (including but not limited to art, cameras of all kinds, video systems and mobile devices of all kinds – like mobiles, laptops, tablets – including any accessories) This shall not apply if the valuables have been deposited.
9.4 In any event, the Athens convention of 1974 and its protocol of 2002 including the IMO protocol and IMO guidelines, as implemented in the EU under EU regulation 392/2009 shall apply.
10. Assertion of claims, addressee; Information about consumer dispute resolution
10.1 Claims under Art. 7:511 DCC shall be asserted by the Customer / Traveler to the Tour Operator. The assertion can also be made by notifying the travel agent if the trip was booked through this travel agent. A written assertion is recommended.
10.2 The Tour Operator has implemented a modern, fast and accommodating Guest Relations Management. The Guest Relations Management can be contacted by the Customers under firstname.lastname@example.org or by phone 001-206-626-9181. Therefore, the Tour Operator does not participate in official dispute resolution procedures. The Tour Operator provides this information in order to avoid effort and expense by futile contacting of the Consumer Arbitration Board.
11. Information requirements concerning the identity of the operating air carrier
The EU Regulation on informing air transport passengers of the identity of the operating air carrier obliges the tour operator to inform the customer of the identity of the operating airline of all air traffic services to be provided during the booked trip at the time of booking. If at the time of booking the executing airline is not yet determined, then the tour operator is obliged to name the airline or the airlines that will probably carry out the flight. Once the tour operator knows which airline will perform the flight, the tour operator must inform the customer. If the airline referred to the client as the operating airline changes, the tour operator must inform the customer about the change. The tour operator must take all reasonable steps to ensure that the customer is informed of the change as soon as possible. The list of EU-banned airlines is available on the following website: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm
12. Passport, visa and health regulations, medical care
12.1 The Tour Operator shall inform the Customer / Traveler about general passport and visa requirements as well as health formalities of the destination countries for obtaining any necessary visas prior to conclusion of the contract, as well as any changes thereto prior to departure.
12.2 The Customer is responsible for obtaining and carrying with him/her the officially required travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation fees, are at his expense. This does not apply if the Tour Operator has not, inadequately or incorrectly informed the Traveler.
12.3 The Tour Operator is not liable for the timely granting and receipt of necessary visas by the respective diplomatic representation if the Customer has commissioned him with the procurement, unless the Tour Operator has culpably violated his own obligations.
12.4 Shipboard doctors and medical personal are available for the Traveler’s support at the ship board hospital in case of medical need. An intensive medical support can only be provided at a limited level. Travelers currently undergoing medical treatment have to inform themselves prior booking and immediately prior departure about the available medical facilities and its restrictions. Travelers who request medical treatment or any other kind of advice or service provided by the board hospital will enter into a contract with the ship board doctor but not with the Tour Operator. The services of the ship board doctor / the hospital are not part of the travel contract and the ship board doctor is not under the supervision of the Tour Operator and is not bound by the Tour Operator’s orders. The medical treatment on board is not a medical treatment as provided in your home country, yet is considered as a medical treatment abroad. It is the sole responsibility of the Traveler, to take out appropriate international travel health and/or travel insurance. In case of certain emergencies it might be determined necessary to repatriate or take the Traveler from aboard the ship in the next port of call or at sea. The Traveler has to fully bear the costs thereof.
13. Data Protection / Advertising Counterclaim Law
13.1 The tour operator uses the data provided by the customer / traveler in connection with the travel booking to justify, implement and fulfill the travel contract. In addition, the tour operator uses customer data in order to occasionally provide the customer / traveler with specific information about his cruise offers by post.
13.2 We process all data for the establishment and implementation of the contract on the basis of Art. 6 para. 1 letter a (consent), letter b (contractual context) of the EU General Data Protection Regulation (EU-GDPR). We also use your contact and contract data for advertising purposes on the basis of a legitimate interest (Article 6 (1) (f) of the GDPR). The legitimate interest lies in our sales interest. We process special categories of data on the basis of your consent or for the fulfillment of legal claims (Article 9 (2) (a) and (f) of the GDPR).
13.3 A promotional telephone conversation will only take place if the customer / traveler has expressly consented to this.
13.4 If the tour operator receives the e-mail address of the customer / traveler in connection with the sale of his voyages, the tour operator also uses them to inform the customer / traveler occasionally by e-mail about his cruise offers.
The customer / traveler may object to the use of the e-mail address for advertising purposes at any time without incurring other than the transmission costs according to the basic tariffs.
Incidentally, the customer / traveler may object to the use of the customer data for promotional purposes at any time by a form-free message to the tour operator.
13.5 We will only disclose your data to the following categories of recipients: agencies for sending mail and e-mail, financial service providers for conducting payment transactions; travel and event service providers such as u. a. airlines, hotels, travel agencies. These service providers process the data exclusively to carry out our orders. Other recipients include immigration agencies and port agents, depending on the destination country. Depending on the country of destination, there may also be transfers to the third country (outside the EU).
13.6 We store your contractually relevant data for the duration of the statutory storage period. Incidentally, the storage period depends on your revocation or opposition.
13.7 As a Customer, you have the following rights under GDPR: Right to information (Article 15), correction (Article 16), deletion (Article 17), restriction (Article 18), data portability (Article 20) and opposition (Article 21). Consents can be withdrawn at any time without affecting the legality of the processing carried out on the basis of the consent until the revocation.
13.8 In all data protection matters, you can contact our data protection officer directly at the following address: Data Protection Officer, Privacy & Data Protection Team, Carnival House, 100 Harbour Parade, Southampton, 8015 1ST, +44 0344 338 8650, or email privacySBN@Seabourn.com.
13.9 You can also raise privacy complaints with your regional data protection supervisory authority.
Issued June 2019
The main rights of customers / travelers under Directive (EU) 2015/2302 are set out below:
Form for informing the traveler under a package tour pursuant to Sec. 651a German Civil Code
The combination of travel services offered is a package holiday within the meaning of Directive (EU) 2015/2302.
Therefore, you can claim all EU rights that apply to package holidays. The company HAL Services B.V. with its brand "Seabourn" bears full responsibility for the proper conduct of the entire package holiday.
The company HAL Services B.V. with its brand "Seabourn" also has arranged for the legal securities in connection of any repayments and, if transportation is included in the package holiday, to ensure your repatriation in the event of our bankruptcy.
The main rights under Directive (EU) 2015/2302:
- The travelers will receive all relevant information about the package before 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.
- Travelers will receive an emergency telephone number or contact details to contact the tour operator or travel agent.
- Passengers may transfer the package holiday to another person within a reasonable time and possibly at additional cost.
- The price of the package holiday may only be increased if certain costs (for example fuel prices) are increased and if this is expressly provided for in the contract and in any case no later than 20 days before the start of the package holiday. If the price increase exceeds 8% of the package price, the traveler can withdraw from the contract. If a tour operator reserves the right to a price increase, the traveler has the right to a price reduction if the corresponding costs decrease.
- Travelers can withdraw from the contract without payment of a cancellation fee and receive a full refund of all payments if any of the essential elements of the package, with the exception of the price, are significantly altered. If the tour operator responsible for the package trip cancels the travel package before the package holiday begins, the travelers are entitled to reimbursement and possibly compensation.
- In the event of exceptional circumstances, travelers may withdraw from the contract prior to the start of the package without paying a cancellation fee, for example if there are serious safety issues at the destination likely to affect the package holiday.
- In addition, travelers can withdraw from the contract at any time prior to the start of the package holiday by paying a reasonable and justifiable cancellation fee.
- If, after the start of the package, essential elements of the package holiday cannot be carried out in accordance with the agreement, the traveler must be provided with appropriate other arrangements at no extra cost. The traveler may withdraw from the contract without payment of a cancellation fee (in the Federal Republic of Germany this right is called "Kündigung"), if services are not provided in accordance with the contract, if this has a significant impact on the provision of the contractual package tour services and if the tour operator fails to remedy the defect.
- The traveler is entitled to a price reduction and / or compensation if the travel services are not provided or not provided properly.
- The tour operator provides assistance to the traveler if he is in difficulty.
- In the event of the insolvency of the tour operator or, in some EU Member States, of the travel agent, payments will be reimbursed. If the tour operator or, if relevant, the travel agent enters into insolvency after the start of the package holiday and if transportation is part of the package, the repatriation of passengers is guaranteed. HAL Services B.V. with its brand "Seabourn" has arranged for an insolvency insurance with Zurich Gruppe Deutschland, Zurich Insurance plc Niederlassung für Deutschland, Platz der Einheit 2, 60327 Frankfurt am Main.
Tour Operator: HAL Services B.V. (Seat: Otto Reuchlinweg 1110, PO Box 23378, NL-3001 KJ Rotterdam, Netherlands) - Reservations Phone: 00800-1872-1872 - https://www.seabourn.com