GENERAL TERMS AND CONDI T IONS 2023 Dear Guests, please read the following Terms and Conditions of Travel carefully. They shall become, insofar as they are effectively agreed upon, the content of the travel contract to be concluded between the customer and A-ROSA Flussschiff GmbH. They are supplementary to legal provisions of sections 651a–y BGB (German Civil Code) and Articles 250 and 252 of the Introductory Act to the German Civil Code (EGBGB), and fulfil these. 1. CONCLUSION OF THE TRAVEL CONTRACT/ OBLIGATIONS FOR FELLOW TRAVELLERS 1.1. The following applies to all booking channels (e.g. in a travel agency, direct booking with the operator, by telephone, online, etc.): a) This offer is based on the trip advertisement and the supplementary information provided by A-ROSA Flussschiff GmbH for the respective trip to the extent it is available to the customer at the time of booking. b) The customer is responsible for all contractual obligations of the travellers for whom he/she makes the booking as for his/her own obligations to the extent he/she has assumed this obligation by making an express and separate declaration. c) If the content of the booking confirmation from A-ROSA Flussschiff GmbH differs from the content of the booking, it shall be deemed a new offer from A-ROSA Flussschiff GmbH that shall be binding for a period of ten days. The contract shall be concluded on the basis of this new offer if A-ROSA Flussschiff GmbH has drawn attention to the change regarding the new offer and fulfilled its pre-contractual information obligations and if the customer has accepted the offer within the binding period set by A-ROSA Flussschiff GmbH by making an express declaration or down payment. d) If an option booking is made, the planned trip shall be reserved for three working days. After this period, the option will automatically become a confirmed booking. Within this period, the customer may choose another travel date or another route free of charge or cancel the trip free of charge. 1.2. Bookings made orally, by telephone, in writing, by email, text message or by fax are subject to the following provisions: a) By making a booking (registering for travel), the customer makes an offer to A-ROSA Flussschiff GmbH to conclude the travel contract with binding effect. b) The contract shall be formed when the booking confirmation (declaration of acceptance) of A-ROSA Flussschiff GmbH is received. It does not require any particular form. Upon or immediately after the conclusion of the contract, A-ROSA Flussschiff GmbH shall send the customer confirmation of the booking in written or electronic form. 1.3. With regard to e-commerce bookings (e.g. online, app, telemedia), the conclusion of contracts is subject to the following provisions: a) The electronic booking process is explained to the customer in the respective application. b) The customer will have the option to correct his/her entries or delete or reset the entire booking form, and the use of this option will be explained. c) The website will list the contractual languages that are offered for making the electronic booking. d) If the text of the contract is stored by A-ROSA Flussschiff GmbH, the customer will be informed about this and about his/her option to access the text of the contract at a later time. e) By clicking on “Book” (book with binding obligation to pay), or a similar formulation, the customer makes an offer to A-ROSA Flussschiff GmbH to conclude the travel contract with binding effect. f) The customer will receive an electronic confirmation stating that his/her registration for travel was received without undue delay (acknowledgement of receipt). g) The fact that the registration for travel is transmitted by clicking on the button does not give rise to a claim by the customer that a contract will be formed. h) The contract is only formed upon the customer’s receipt of the booking confirmation from A-ROSA Flussschiff GmbH on a durable medium. If the website confirms the booking immediately after the customer clicks on “Book” (book with binding obligation to pay) by displaying the respective immediate booking confirmation on the screen, the travel contract is formed when this booking confirmation is displayed. In this case, an interim notification regarding receipt of the booking in accordance with f) above is not required, insofar as the customer is given the option to save the booking confirmation on a durable medium and to print it out. However, the binding effect of the travel contract does not depend on the customer actually making use of these options to save or print it. 1.4. A-ROSA Flussschiff GmbH emphasises that, in accordance with legal provisions of sections 312(7), 312g(2) sentence 1 no. 9 BGB), there is no right of revocation for travel contracts pursuant to Section 651a and 651c BGB concluded by distance selling (letters, catalogues, telephone calls, faxes, emails, text messages, radio, telemedia and online services); instead, the customer has statutory rights of withdrawal and termination, especially the right of withdrawal pursuant to Section 651h BGB (see also 8 in this regard). However, a right of revocation exists if the contract for travel services pursuant to Section 651a BGB was concluded away from business premises, unless the oral negotiations on which the contract conclusion is based were conducted based on the consumer’s previous order; there is no right of revocation in the latter case. 2. PAYMENTS 2.1. A down payment of 25% of the travel price is due for payment following contract conclusion (receipt of the booking confirmation) and receipt of the risk coverage certificate pursuant to Section 651r BGB in conjunction with Article 252 EGBGB. When the down payment has been made, the full premium for an insurance policy brokered by A-ROSA Flussschiff GmbH shall also fall due. Payment is made by credit card or transfer directly to A-ROSA Flussschiff GmbH, depending on the payment method chosen by the customer. Unless expressly agreed otherwise with A-ROSA Flussschiff GmbH, payments to intermediary travel agencies do not discharge the obligation to make payment. The outstand- ing amount shall fall due 30 days before the start of the trip insofar as the risk coverage certificate has been issued and A-ROSA Flussschiff GmbH can no longer exercise its right of revocation for the reasons set out in 6.2. Where bookings are made within 30 days of the start of the trip, the travel price shall be due in full without delay insofar as the risk coverage certificate has been issued. 2.2. If the customer does not make the down payment and/ or the outstanding payment by the agreed due dates, even though A-ROSA Flussschiff GmbH is willing and able to duly render the contractual services and has fulfilled its statutory information obligations and the customer does not have a statutory or contractual right of retention, A-ROSA Flussschiff GmbH shall be entitled, after issuing a reminder and setting a final deadline, to cancel the travel contract and charge the customer cancellation costs as set out in 8.2 sentence 2 to 8.5. 2.3. After full payment for the cruise, but no earlier than three weeks before the start of the cruise, the customer will be issued his or her travel documents. 3. SERVICES AND PRICES 3.1. The scope of the services which A-ROSA Flussschiff GmbH is obliged to perform is set out in the contents of the booking confirmation in association with the catalogue or cruise description valid at the time of the cruise, subject to all the information and explanations contained therein, including any individual agreements. 3.2. Connecting journeys by train/coach/plane must be organised and booked by the customer themself. Upon request, A-ROSA Flussschiff GmbH is prepared to act as an agent for arranging such connecting journeys. 3.3. Any concessions arising from the age of the customer shall be based on the customer’s age on the date of the start of the cruise. 4. CHANGES TO CONTRACTUAL CONTENT BEFORE THE START OF THE TRIP THAT DO NOT AFFECT THE TRAVEL PRICE 4.1. Deviations in essential characteristics of the travel services from the agreed content of the travel contract which were not caused by A-ROSA Flussschiff GmbH in bad faith and which become necessary after the conclusion of the contract shall be permitted vis-à-vis A-ROSA Flussschiff GmbH before the start of travel if the deviations are not of major significance and do not impair the overall nature of the trip booked. 4.2. A-ROSA Flussschiff GmbH is obliged to clearly and comprehensibly inform the customer of changes to services immediately after it becomes aware of the reason for such on a durable medium (e.g. also by email, text message or voice message) in a manner that highlights the change. In the event of a significant change to an essential characteristic of a travel service or a deviation from the customer’s particular specifications that have been included in the travel contract, Section 651g BGB applies. If the change affects the content of the travel contract, the customer shall be entitled, within a suitable period set by A-ROSA Flussschiff GmbH, at the same time as communication of the change to either accept the change, cancel the travel contract without charge or request a place on a substitute trip if A-ROSA Flussschiff GmbH has offered such a trip. The customer may choose to respond, or not respond, to the communication from A-ROSA Flussschiff GmbH. If the customer responds to A-ROSA Flussschiff GmbH, he/she may either agree to the change, request a place on a substitute trip if such has been offered or cancel the contract free of charge. If the customer does not respond to A-ROSA Flussschiff GmbH at all or within the period set, the communicated change shall be deemed to have been accepted. A-ROSA Flussschiff GmbH will draw the customer’s attention to this fact in the communication regarding the service change in accordance with 4.2 in a clear, comprehensible manner that highlights the change. 4.3. Any warranty claims shall remain unaffected insofar as the changed services are deficient. A-ROSA Flussschiff GmbH is obliged to inform the customer about deviations from services without delay. In the event of significant deviations in the travel services from the agreed content of the travel contract before the start of the trip, the customer shall be entitled to cancel the contract. Following the communication from A-ROSA Flussschiff GmbH, the customer shall be obliged to assert this cancellation right without delay. 5. PRICE CHANGES AFTER THE CONCLUSION OF THE CONTRACT 5.1. If the carriage costs, in particular fuel costs, increase in relation to those which existed at the time of the conclusion of the travel contract, A-ROSA Flussschiff GmbH will increase the price of the cruise in accordance with the following calculation: a) In the case of an increase relating to an individual seat, A-ROSA Flussschiff GmbH may demand an increased amount from the customer. b) In other cases, the additional amount demanded by the transport company per means of transport will be divided by the number of seats on the agreed means of transport. A-ROSA Flussschiff GmbH may demand from the customer the increased amount for an individual seat calculated in this way. 5.2. If charges such as taxes, port or airport fees which existed at the time the contract was concluded are increased to the detriment of A-ROSA Flussschiff GmbH, the travel price may be increased by a corresponding proportional amount. 5.3. Such increases shall only be permissible insofar as the period between the conclusion of the contract and the agreed date of the cruise is longer than four months and the circumstances leading to the increase had not occurred before the contract was concluded and were unforeseeable for A-ROSA Flussschiff GmbH at the time the contract was concluded. In the event of a later change to the travel price, A-ROSA Flussschiff GmbH must inform the customer without delay. Price increases after the 20th day before the start of the cruise shall be invalid. If the price increases by more than 8%, the customer shall have the right to cancel the contract without charge or request a place on a trip of at least the same value, provided that A-ROSA Flussschiff GmbH is in a position to offer the customer such a trip without additional charge from among those it has on offer. After being informed by A-ROSA Flussschiff GmbH about the price increase, the customer shall be obliged to assert this right without delay. 5.4. A-ROSA Flussschiff GmbH is obliged to pass on price reductions to the customer in accordance with the above. 6. CANCELLATION BY A-ROSA FLUSSSCHIFF GMBH ON GROUNDS OF CONDUCT AND CANCELLATION OF THE CONTRACT OWING TO THE MINIMUM NUMBER OF PARTICIPANTS NOT BEING REACHED 6.1. A-ROSA Flussschiff GmbH may terminate the travel contract without notice if, despite warnings from A-ROSA Flussschiff GmbH, the customer/traveller continually causes disturbances or behaves in violation of the contract (danger to life and limb) to such a degree that the immediate cancellation of the contract is justified. This does not apply if the conduct in violation of the contract is based on a violation of the tour operator’s information obligations. If A-ROSA Flussschiff GmbH cancels the contract, it retains its claim to the travel price; it must, however, take into account the value of any savings in expenses as well as any benefits that may accrue through alternative utilisation of services not utilised by the person concerned, including any amounts refunded by the respective service providers. In these cases, the staff employed by A-ROSA Flussschiff GmbH and the ship’s crew are explicitly authorised to protect the interests of A-ROSA Flussschiff GmbH. 6.2. If the minimum number of participants (110 persons) specified in the catalogue or the booking confirmation is not reached, A-ROSA Flussschiff GmbH may cancel the travel contract up to 35 days prior to the start of the trip. A-ROSA Flussschiff GmbH is obliged to inform the traveller that the precondition for the cancellation of the cruise has been met as soon as this situation arises and to send him/her the cancellation declaration without delay. If the trip is not undertaken for this reason, A-ROSA Flussschiff GmbH must refund the customer’s payments made towards the travel price without delay, and in any case within 14 days after receipt of the cancellation declaration. 7. BAGGAGE AND ANIMALS ON BOARD VESSELS OPERATED BY A-ROSA FLUSSSCHIFF GMBH Baggage must contain only items for passengers’ personal use. In particular, travellers are not permitted to bring illegal drugs, weapons, ammunition or explosive/flammable substances onto the riverboats. In accordance with international agreements, any drug offences will be reported to the local authorities. Animals are not permitted on board A-ROSA riverboats. 8. CANCELLATION BY THE CUSTOMER BEFORE THE START OF THE CRUISE / CANCELLATION COSTS 8.1. The customer may cancel the travel contract at any time before the start of the trip. A cancellation declaration must be sent to A-ROSA Flussschiff GmbH. If the trip was booked through a travel agent, the cancellation declaration may also be sent to this agent. The customer is advised to send the cancellation declaration on a durable medium. 8.2. If the customer cancels before the start of the trip or does not begin the trip, A-ROSA Flussschiff GmbH loses its claim to the travel price. A-ROSA Flussschiff GmbH may instead demand suitable compensation for the travel arrangements made prior to the cancellation and its expenses in accordance with the actual travel price, unless it is responsible for the cancellation or extraordinary circumstances arise at or in the immediate vicinity of the destination that have a significantly adverse effect on the execution of the trip or the transport of persons to the destination. In the event of cancellation by the customer, a percentage rate of compensation for travel arrangements made and expenses incurred shall become payable, the amount of which depends on the date when the cancellation declaration is received and the expected amount of saved expenses. We therefore recommend that any cancellation declaration be made in writing. The percentage rate of compensation is calculated as follows: a) Standard rate: A-ROSA Premium all inclusive rates • up to 31 days before departure 25% • 30 days or less before departure 40% • 24 days or less before departure 50% • 17 days or less before departure 60% • 10 days or less before departure 80% • 3 days before departure until the day of departure or cancellation on the day of arrival or no-show 90% If a partial cancellation is made by a passenger who has booked a double cabin for the full price, with the result that the remaining passenger will have single occupancy of the double cabin, A-ROSA Flussschiff GmbH reserves the right to charge cancellation costs as set out in the table. The compensation payable shall amount to no less than 60% of the proportionate travel price. The same shall apply if a passenger paying the full price cancels their berth in a cabin with multiple berths. In this situation, A-ROSA Flussschiff GmbH reserves the right to rebook the cabin. If a partial cancellation is made for a child up to 15 years of age who is travelling free of charge in the company of at least one responsible adult and is accommodated in a double cabin, A-ROSA Flussschiff GmbH will charge a processing fee of €200. 158 GENERAL TERMS AND CONDI T IONS
RkJQdWJsaXNoZXIy OTQ5NjY=