b) Special rate: A-ROSA Basic rates • up to 31 days before departure 35% • 30 days or less before departure 50% • 24 days or less before departure 60% • 17 days or less before departure 75% • 10 days or less before departure 85% • 3 days before departure until the day of departure or noshow 90% c) For additional themed packages with a separate booking code, such as wellness packages, and also for arrival and departure arrangements and extended stays in hotels, the standard rate shall apply (8.2.a.). 8.3. Before the trip begins, the traveller may request, in accordance with Section 651e BGB, that a third party as- sume his/her rights and obligations arising from the travel contract. Such a declaration shall be deemed timely if A-ROSA Flussschiff receives it seven days before the start of the trip. A-ROSA Flussschiff GmbH may refuse to accept substitution by the third party if he/she does not satisfy the specific travel requirements or if statutory provisions or administrative orders stand in the way of his or her participation. If a third party enters into the contract, that person and the customer shall be jointly and severally liable to A-ROSA Flussschiff GmbH in respect of the travel price and any additional costs arising from such substitution. For the substitution of a passenger, A-ROSA Flussschiff GmbH will charge an additional fee of €50 per person for the cruise only. Costs arising from the substitution in respect of any additional services that may have been booked (flights etc.) will be charged in full to the person making the booking. 8.4. A-ROSA Flussschiff GmbH reserves the right to demand higher, individually calculated compensation in place of the above standard rates insofar as A-ROSA Flussschiff GmbH can prove that it has incurred significantly higher expenses than the applicable standard rate. In this case A-ROSA Flussschiff GmbH is obliged to specifically quantify and prove the amount of compensation demanded, taking into account the expenses saved and the possible alternative utilisation of the travel services. 8.5. The customer reserves the right to prove that the reasonable compensation due to A-ROSA Flussschiff GmbH is significantly lower in amount than the standard rate compensation it demands. 8.6. If A-ROSA Flussschiff GmbH is obliged to reimburse the travel price as a result of a cancellation, the payment must be made without delay, and in any case within 14 days after receipt of the cancellation declaration. 9. CHANGES TO BOOKINGS After conclusion of the contract, the customer does not have any entitlement to changes in respect of the date of the cruise, the destination, the place of departure, the accommodation or the means of transport (changes to bookings). If any changes to the booking are nevertheless made at the request of the customer, A-ROSA Flussschiff GmbH is entitled to make a charge per traveller for changes to the bookings within the periods set out below. This charge is as follows: 9.1. Changes to bookings up to 30 days before the start of the cruise. For changes to bookings up to 30 days before the start of the cruise, the following shall apply: a) Bookings in the price category A-ROSA Premium all inclusive: first change in booking per person free of charge; for each additional change € 25 per person if the change to the booking is made within A-ROSA Premium all inclusive and it is a firm booking. For changes of bookings from A-ROSA Premium all inclusive to A-ROSA Basic, the charge is €150 per person. b) Bookings in the price category “A-ROSA Basic": €200 per person if the change to the booking is made within A-ROSA Basic and it is a firm booking. c) Flight-inclusive bookings: for changes to flight-inclusive bookings the charge specified in 9.1. a)–c) will be increased by €80 per person. 9.2. Changes to bookings less than 30 days before the start of the cruise. Any desired changes to the bookings by the client which are requested 29 or fewer days before departure can be made, to the extent that they are possible at all, only after the customer has withdrawn from the travel contract under the existing conditions and simultaneously made a new booking. This shall not apply to changes to bookings that give rise to only minor costs. 9.3. Standard charges for administration, cancellation and changes to bookings fall due immediately. 9.4. Please note that rebooking is subject to cabin availability (limited contingent) and that surcharges may apply depending on the travel date, category, route and season. If a trip is rebooked, any early booking or other advantages may only be transferred to the new booking subject to availability and within the respective periods of validity. 10. UNUSED SERVICES If the customer/traveller does not utilise certain travel services that have been offered in the proper way owing to reasons which are his/her own responsibility (e.g. his/her leaving the cruise prematurely or other compelling reasons), he/she shall not be entitled to claim a refund of a proportional amount of the travel price. A-ROSA Flussschiff GmbH will seek to obtain a refund of the expenses saved by the service provider. This obligation shall not apply if the services in question are of negligible significance. 11. THE TRAVELLER’S OBLIGATION TO PROVIDE ASSISTANCE 11.1. Travel documents The customer must inform A-ROSA Flussschiff GmbH or the travel agent through which he/she booked the trip if he/she does not receive the necessary travel documents (e.g. flight tickets, hotel voucher) within the period of time set by A-ROSA Flussschiff GmbH. 11.2. Report of deficiencies/request for remedy If the trip is not executed free of deficiencies, the traveller may demand redress. The traveller is obliged to notify the tour guide at the holiday destination about the deficiencies without delay. If there is no tour guide at the holiday destination, any deficiencies in the cruise must be reported to A-ROSA Flussschiff GmbH at its headquarters. The information on how the tour guide and/or A-ROSA Flussschiff GmbH can be contacted will be given in the specification of services provided or, at the latest, along with his/her travel documents. The tour guide is authorised to take steps to remedy the situation, if possible. However, he/she is not authorised to recognise the customer’s claims. Insofar as A-ROSA Flussschiff GmbH is unable to provide remedy due to the culpable failure to report deficiencies, the traveller may not assert abatement claims in accordance with Section 651m BGB or claims for compensation in accordance with Section 651n BGB. 11.3. Notification period prior to cancellation If a traveller wishes to terminate the travel contract on account of a travel deficiency of the kind described in Section 651i(2) BGB, if it is significant, in accordance with Section 651l BGB, he/she must grant A-ROSA Flussschiff GmbH a reasonable period to remedy the situation in advance. This does not apply if A-ROSA Flussschiff GmbH refuses to remedy the situation or if a remedy is required immediately. 11.4. Damage to and late arrival of baggage in the case of air travel; specific rules and deadlines: (a) The traveller is advised that any loss of, damage to or late arrival of baggage in connection with air travel must be reported, in accordance with provisions under aviation law, by the traveller at the airport without delay using a property irregularity report (PIR) provided by the competent airline. Airlines and tour operators may refuse to reimburse customers on the basis of international agreements if the PIR has not been completed. Where baggage has been damaged, the PIR must be submitted within seven days after receipt of the baggage and in the case of late arrival within 21 days. (b) In addition, the loss, damage or misdirection of baggage must be reported to the tour guide or the local representative of A-ROSA Flussschiff GmbH without delay. This does not release the traveller from the obligation to file a PIR with the airline within the above periods in accordance with a). 12. LIMITATION OF LIABILITY 12.1. The contractual liability of A-ROSA Flussschiff GmbH for damage – excluding physical injury and culpably caused damage – is limited to three times the travel price. Any potential further claims pursuant to international agreements or legal provisions based on such remain unaffected by the limitation. 12.2. A-ROSA Flussschiff GmbH is not liable for impairments of performance, personal injury or property damage in connection with services for which it has merely acted as an agent (e.g. brokered excursions, sports events, theatre visits, exhibitions) if these services are explicitly specified in the trip advertisement and the booking confirmation as external services, citing the name and address of the contractual partner providing the service, in such a way that the traveller has been clearly informed that these services are not within the scope of the travel services and have been selected separately. Sections 651b, 651c, 651w and 641y BGB remain unaffected by this. However, A-ROSA Flussschiff GmbH is liable, if and to the extent that the loss or damage incurred by the customer is attributable to A-ROSA Flussschiff GmbH’s violation of its obligations in respect of information, explanation or organisation. 12.3. Insofar as A-ROSA Flussschiff GmbH is the contractual or performing carrier as regards the trip, or is deemed to be such in accordance with statutory provisions, A-ROSA Flussschiff GmbH is also liable in the case of compensation claims for personal injury or damage to baggage under specific statutory regulations (in particular Sections 538 et seqq. of the German Commercial Code [HGB]). 13. ASSERTION OF CLAIMS: ADDRESSEE, INFORMATION ON CONSUMER DISPUTE RESOLUTION 13.1. Reporting deficiencies a) The customer/traveller must assert claims pursuant to Section 651i(3) no. 2, 4–7 BGB against the tour operator. Claims can also be asserted through the travel agent if the package holiday was booked through said travel agent. It is advisable to assert claims on a durable medium. 13.2. The period resulting from 13.1. also applies to the notification of damage to baggage or delays in delivering baggage in connection with flights as set out in 10.4. if warranty rights (Sections 651c(3), 651d, 651e(3,4) BGB) are asserted. Claims for damages must be reported within seven days in the case of damaged baggage. Claims for damages due to late arrival of the baggage must be made within 21 days after delivery. 13.3. Abatement claims and claims for compensation should only be asserted against A-ROSA Flussschiff GmbH at the following address: A-ROSA Flussschiff GmbH, Loggerweg 5, 18055 Rostock, Germany. The customer is strongly encouraged to assert claims in writing. 13.4. A-ROSA Flussschiff GmbH emphasises in relation to the Act on consumer dispute resolution that it does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for tour operators after these Terms and Conditions of Travel are printed, A-ROSA Flussschiff GmbH shall inform the customer of this in a suitable form. For all travel contracts concluded in electronic business transactions, A-ROSA Flussschiff GmbH refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/. 14. PASSPORT, VISA AND HEALTH REGULATIONS 14.1. Every traveller on A-ROSA river cruise liners must carry a valid identity card or passport. All children (from the time of their birth) must have their own travel document for travel abroad (see Entry Regulations on page 155). 14.2. A-ROSA Flussschiff GmbH will inform nationals of Member States of the European Community in which the cruise is offered about the relevant passport, visa and health regulations before the contract is concluded and about any changes to these regulations before departure. For nationals of other states the appropriate consulate will provide information. In providing this information, it is assumed that there are no peculiarities relating to the person of the customer and any fellow travellers (e.g. dual citizenship, statelessness). 14.3. A-ROSA Flussschiff GmbH will inform the customer about any changes to the regulations set out in the cruise description before the contract is concluded. 14.4. The customer is responsible for obtaining and carrying the officially required travel documents, for any necessary vaccinations and for adherence to customs and foreign currency regulations. Any disadvantages which arise as a result of nonadherence to these regulations, e.g. the payment of cancellation costs, will be charged to the customer. This does not apply if A-ROSA Flussschiff GmbH failed to provide information or the information provided was insufficient or incorrect. 14.5. The customer must provide A-ROSA Flussschiff GmbH all personal data (manifest data) required for the cruise six weeks before the start of the cruise at the latest and must ensure that the manifest data conform to the data in the travel documents. When booking from six weeks before the start of the cruise, the manifest data must be provided immediately. 14.6. A-ROSA Flussschiff GmbH is not liable for the timely issue and delivery of any necessary visas by the respective diplomatic mission if the customer has requested the tour operator to obtain such visas unless it has culpably violated its own obligations. 15. ASSIGNMENT, VALIDITY OF TERMS AND CONDITIONS 15.1. Without the consent of A-ROSA Flussschiff GmbH, the customer cannot transfer (assign) claims against A-ROSA Flussschiff GmbH to third parties in part or in whole. This does not apply between the customer and relatives travelling with him/her or people for whom the customer has assumed an obligation in accordance with 1.6. 15.2. These Terms and Conditions of Travel and all information in the A-ROSA catalogue 2023 are correct and up to date as of November 2022. They apply to all trips in the A-ROSA catalogue 2023 with A-ROSA Flussschiff GmbH and replace any previous versions or editions relating to A-ROSA trips. 16. APPLICABLE LAW AND JURISDICTION 16.1. German law applies exclusively to the contractual relationship between the customer and A-ROSA Flussschiff GmbH. Insofar as German law is fundamentally not applicable to actions brought by the customer against A-ROSA Flussschiff GmbH abroad for the liability of A-ROSA Flussschiff GmbH, German law shall apply exclusively with regard to the legal consequences, especially in relation to the nature, scope and amount of the customer’s claims. 16.2. Customers may only bring action against A-ROSA Flussschiff GmbH at its registered office in Rostock. For action brought by A-ROSA Flussschiff GmbH against customers, the customer’s place of residence is decisive. Rostock is agreed as the place of jurisdiction for action brought against customers who are merchants, legal entities under public or private law or persons whose place of residence or usual abode is abroad or whose place of residence or usual abode is unknown at the time the action is filed. 16.3. The above provisions do not apply: a) if and insofar as the contractually mandatory provisions of international agreements applicable to this contractual relationship provide otherwise in favour of the customer, or b) if and insofar as mandatory provisions of an EU Member State where the customer is a citizen that are applicable to the travel contract are more favourable for the customer than these provisions or the corresponding provisions under German law. 17. DUTY TO PROVIDE INFORMATION ABOUT THE IDENTITY OF THE PERFORMING AIRLINE The EU directive concerning the information of flight passengers about the identity of the performing airline obliges A-ROSA Flussschiff GmbH to inform the customer at the time of booking about the identity of the performing airlines with regard to all flight services in connection with the cruise booked. If the performing airline has not been decided upon at the time of booking, A-ROSA Flussschiff GmbH is obliged to inform the customer about the airline or airlines which will probably perform the flight. As soon as A-ROSA Flussschiff GmbH knows which airline will perform the flight, it must inform the customer. If the airline that the customer has been told will perform the flight changes, A-ROSA Flussschiff GmbH must inform the customer about this change. It must immediately take all reasonable steps to ensure that the customer is informed as quickly as possible about the change. The list of airlines banned within the EU (Blacklist) can be viewed at the following internet page: https://ec. europa.eu/commission/presscorner/detail/en/memo_10_112. A-ROSA Flussschiff GmbH, Loggerweg 5, 18055 Rostock, www.arosa-cruises.com. As of publication (November 2022). 159 GENERAL TERMS AND CONDI T IONS
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