Swan Hellenic

112 113 or if a different itinerary becomes necessary in the interest of the safety of the passengers or for weather reasons or related to national or international epidemic or pandemic rules. The captain responsible for the ship shall decide on such changes to the itinerary and/or travel and layover times that become necessary after conclusion of the contract. 3.3 Any warranty claims shall remain unaffected if the changed services are defective. 3.4 Swan Hellenic Travel is obliged to inform the customer of significant changes to the contract immediately after becoming aware of the reason for the change. 3.5 If Swan Hellenic Travel is only able to provide the booked trip due to a circumstance occurring after conclusion of the contract under significant change of one of the essential characteristics of the travel service, or only under deviation from a contractual agreement made separately between Swan Hellenic Travel and the customer, Swan Hellenic Travel shall be entitled to offer the customer a corresponding contractual change as new offer before commencement of the trip, or optionally also participation in another trip (substitute trip). In such a case, the customer shall have the right to withdraw from the booked trip without payment of compensation, to demand participation in a substitute trip or to accept the new offer to change the contract within 7 days of receipt of our notification of change with the new offer. Swan Hellenic Travel shall expressly inform the customer of this period in the notification of change. Therefore, the offered new contract shall be deemed accepted if the customer does not inform Swan Hellenic Travel within this set period that he wishes to withdraw from the cruise package contract free of charge or demands participation in a substitute cruise package offered. The new offered service shall replace the service originally owed under the contract. Any warranty claims remain unaffected if the new service is defective. 4. CANCELLATION BY THE CUSTOMER BEFORE COMMENCEMENT OF TRAVEL/ CANCELLATION COSTS 4.1 The customer can withdraw from the trip at any time before the start of the trip. Cancellation must be made to Swan Hellenic Travel at the address given below. If the trip was booked through a travel agency, the withdrawal can also be declared to this agency. The customer is recommended to declare the cancellation in writing. The date of receipt by Swan Hellenic Travel or the respective travel agency of the notice of withdrawal shall be decisive for the date of withdrawal. 4.2 If the customer withdraws before the start of the trip or does not commence the trip, Swan Hellenic Travel loses its claim to the travel price. Swan Hellenic Travel may instead demand reasonable compensation insofar as Swan Hellenic Travel is not responsible for the cancellation or insofar as extraordinary circumstances do not occur at the place of destination or its immediate vicinity which considerably impair the performance of the journey or the carriage of persons to the place of destination; circumstances are unavoidable if they are not subject to the control of Swan Hellenic Travel and their consequences could not have been avoided even if all reasonable precautions had been taken. 4.3 The amount of the compensation shall be determined by the travel price less the value of the expenses saved by Swan Hellenic Travel and less what Swan Hellenic Travel acquires through other use of the travel services, which shall be justified by Swan Hellenic Travel at the customer's request. Swan Hellenic Travel has determined the following compensation level schedule taking into account the period between the notice of withdrawal and the commencement of the journey as well as the expected savings of expenses and the expected acquisition through other use of the travel services. The compensation will be calculated as follows with the respective cancellation scale after the date of receipt of the notice of cancellation: The following cancellation fees apply to all other trips, with the exception of Special Cruise Itineraries: - Cancellation up to 120 days prior to departure: 25% of the cruise package price; - For cancellations 119 - 80 days prior to departure: 50% of the cruise package price; - For cancellations 79 - 40 days prior to departure: 75% of the cruise package price; - For cancellations 39 days prior to departure: 100% of the cruise package price; For “Specials” the terms for cancellation will be published in the detailed product description of the “Special”. Standard cancellation and payment plan policies will be replaced by special cruise itineraries policies and payment plans for the following journeys: In the case of flight tickets for special price conditions which are booked in addition to the cruise arrangement, 100% of the net ticket price will be charged as cancellation fees in the event of cancellation or no show, taxes and fees on the flight ticket will be refunded. 4.4 In any case, the customer is at liberty to prove to Swan Hellenic Travel that Swan Hellenic Travel has incurred no damage at all or substantially less damage than the cancellation level demanded by it. 4.5 Swan Hellenic Travel reserves the right to demand a higher, concrete compensation instead of the aforementioned cancellation level if Swan Hellenic Travel proves that it has incurred significantly higher expenses than the applicable cancellation level. In this case, Swan Hellenic Travel shall be obliged to quantify and substantiate the claimed compensation taking into account the saved expenses and any other use of the travel services. 4.6 The statutory right of the customer to demand from Swan Hellenic Travel in accordance with EU Package Travel Directive in the Cyprus Transition or the respective national law statutes, in your country where the travel modules are offered that a third party takes over the rights and obligations arising from the package travel contract instead of him shall remain unaffected by the above conditions. Until the start of the trip, i.e. taking into account a reasonable period of time for organisational measures which must be reasonable for Swan Hellenic Travel, the customer may demand that a third party takes his place in the rights and obligations arising from the package travel contract. Swan Hellenic Travel may object to the entry of the third party if the third party does not meet the special travel requirements or if its participation is contrary to statutory regulations or official orders. If a third party enters into the contract, he and the customer shall be jointly and severally liable to Swan Hellenic Travel for the travel price and the additional costs incurred as a result of the entry of the third party, in particular for changing the flight tickets and fees of the respective service providers. We charge handling fees of €/GBP/USD 50.00 for the transfer of the contract to a substitute person (plus any fees charged by third parties - in particular airlines). Declarations of withdrawal, rebooking and changes should be made in writing in the interest of the customer and for reasons of proof. 5. REBOOKING 5.1 If a customer wishes to rebook for another trip, he should ask Swan Hellenic Travel to clarify whether the request can be met. There is no legal right to rebooking. This does not apply if the rebooking is necessary because Swan Hellenic Travel has not provided the traveller with any, insufficient or incorrect pre-contractual information in accordance with EU Package Travel Directive in the Cyprus transition or the respective national law statutes, in your country where the travel modules are offered; in this case the rebooking is possible free of charge. Otherwise, rebooking is only possible if the rebooking takes place on a trip that begins within six months of the original departure date and is more expensive. Changes can only be made up to 61 days before departure and will only be permitted once. In contrast, changes that only relate to individual travel services (e.g. hotel or flight) as well as pure name corrections that do not represent a change of person are possible at any time before departure. When registering your trip, Swan Hellenic Travel must have your full name with all first names and surnames and the names of all registered travellers congruent with your valid passport. After Swan Hellenic Travel has confirmed the trip, name changes are only permitted for a handling fee of €/GBP/USD/AUD 50.00 per person. Name changes on scheduled flights are only possible in exceptional cases and on request; Swan Hellenic Travel charges a name change fee in line with the conditions of carriage of and requested by the single airlines per person after the issue of the ticket. Depending on the availability of the airfields, additional surcharges may apply. Pure name corrections in case of incorrect spelling are free of charge. The customer will be charged EUR/GBP/USD/AUD 100.00 for rebookings and changes as well as fees charged by third parties (airlines fees excluded – see above). The advertised conditions apply to rebookings and new bookings; discounts and special conditions for the trip to be rebooked cannot be transferred. 5.2 Irrespective of this, each customer is free to withdraw from the originally booked trip under the cancellation conditions under Item 4.3 and to book a new trip. This is mandatory for each rebooking request 60 days or later to departure date. 6. SERVICES NOT USED If the traveller does not make use of individual travel services which have been duly offered to him for reasons attributable to him (e.g. early return or other compelling reasons), he shall not be entitled to pro rata reimbursement of the travel price. Swan Hellenic Travel will endeavour to have the saved expenses reimbursed by the service providers. This obligation shall not apply if the services concerned are completely insignificant or if reimbursement is contrary to statutory or official provisions. 7. TERMINATION FOR REASONS OF CONDUCT OR UNAVOIDABLE, EXTRAORDINARY CIRCUMSTANCES Swan Hellenic Travel may terminate the Travel Contract without notice if the Traveller a) he has not notified any unfitness to travel known to him before the start of the journey; b) knowingly misstated his age; c) is, in the judgement of the master or the ship’s doctor, incapable of travelling because of illness, infirmity or any other cause i.e. pandemic suspect; d) is dependent on company, but travels unaccompanied; e) the performance of a voyage, notwithstanding a warning from Swan Hellenic Travel or the ship's management, causes lasting disruption or behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified; f) booked with false personal or nationality details; g) does not appear at the start of the journey within the check-in periods provided, or does not comply with 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. h) carries weapons, ammunition, explosive or flammable substances and the like, i) consumes or carries drugs or commits criminal offences while travelling. A justified termination also exists in the case of an attempt of the aforementioned actions h) and i). j) is on corresponding anti-terror lists of the EU or OFAC. If Swan Hellenic Travel terminates the contract, Swan Hellenic Travel retains the right to the travel price; however, Swan Hellenic Travel must allow itself to be credited with the value of the saved expenses as well as those benefits which Swan Hellenic Travel obtains from another use of the service not used, including the amounts credited to Swan Hellenic Travel by the service providers. If Swan Hellenic Travel is prevented from carrying out and fulfilling the cruise package contract prior to commencement of travel due to unavoidable, extraordinary circumstances, Swan Hellenic Travel may declare its withdrawal from the contract to the customer immediately after becoming aware of the reason for withdrawal. Swan Hellenic Travel will then refund the paid travel price within 14 days. Swan Hellenic Travel reserves the right to demand reasonable compensation for travel services rendered or to be rendered. On board there is an on-board regulation which must be observed and observed by the customer without restriction. The captain is responsible for the ship, the passengers and the crew. Within the framework of the seamanly conduct of the ship, the guarantee of safety, as well as with regard to the observance of the ship rules, the captain has the sole decision-making authority and is thus entitled to expel customers from the ship without compensation. 8. WARRANTY / COOPERATION OBLIGATIONS OF THE TRAVELLER 8.1 Notification of defects; If the trip is not carried out in accordance with the contract, the traveller can demand remedy. To the extent that Swan Hellenic Travel was unable to remedy the defect due to a culpable omission of the notice of defects, the Traveller may neither assert claims for a reduction of the purchase price pursuant to EU Package Travel Directive in the Cyprus transition or the respective national law statutes, in your country where the travel modules are offered, nor claims for damages pursuant to damage of tort definition or the respective national law statutes, in your country where the travel modules are offered. Insofar as the notice of defects is not recognisably futile or unreasonable for other reasons, the traveller can immediately notify the cruise package guide at the holiday destination of this or on board the vessel. If a cruise package guide is not available on site, the customer may notify Swan Hellenic Travel of any travel defects at its registered office. The customer will be informed about the availability of the cruise package guide or of Swan Hellenic Travel in the service description, at the latest, however, with the travel documents. The cruise package guide shall be instructed to remedy the situation as far as this is possible. However, he is not authorized to recognize claims of the traveller. The customer can demand a reduction of the travel price corresponding to the reduced performance (i.e regarding the Cyprus transition or the respective national law statutes, in the country where the travel modules are offered) if, despite his request for remedy (see 8.1.), travel services or substitute services accepted by him were not provided in accordance with the contract. 8.2 Deadline prior to termination; If a customer wishes to terminate the travel contract in accordance with EU Package Travel Directive in the Cyprus transition or the respective national law statutes, in your country where the travel modules are offered, due to a significant deficiency in travel as described in EU Package Travel Directive in the Cyprus transition or the respective national law statutes, in the country where the travel modules are offered, insofar as it is substantial, he must first set Swan Hellenic Travel a reasonable deadline for remedial action. This only does not apply if remedy is refused by Swan Hellenic Travel or if immediate remedy is necessary. If the cruise package is then significantly impaired as a result of the non-contractual provision of services, the customer may terminate the package cruise package contract. If the contract is cancelled thereafter, the customer shall retain the right to repatriation if the contract included repatriation. Swan Hellenic Travel shall bear the additional costs of the return transport. Cases of unforeseeable, extraordinary circumstances which do not affect any travel services provided by Swan Hellenic Travel do not entitle the customer to withdraw from the package travel contract free of charge. The customer's request for remedy may also be addressed directly to Swan Hellenic Travel: Swan Hellenic Travel Ltd. www. Swanhellenic.be , Phone +49 (0)211 1386 6123, E-mail: support@ Swanhellenic.be Authorised recipient and representative: Swan Hellenic Travel Ltd. UK Branch: 60 Petty France, London, SW1H 9EU Swan Hellenic Travel Ltd. German Branch: Koenigsallee 14, Dusseldorf, 40212 The customer must note that in the case of reports to his travel agent outside his opening hours, a direct transfer to Swan Hellenic Travel for the speedy processing of the remedy request is not guaranteed. If Swan Hellenic Travel culpably violates obligations arising from the package travel contract, Swan Hellenic Travel shall be obliged to compensate the customer for the resulting damage (based on EU package Travel Directive in the Cyprus transition or the respective national law statutes, in the country where the travel modules are offered). If the journey is thwarted or considerably impaired as a result, the customer may, if he has demanded unsuccessful remedy (see 8.1.), also demand reasonable compensation in money for the useless holiday time spent.8.3 Loss of baggage, damage to baggage and delay of baggage, Swan Hellenic Travel strongly recommends that damage or delays in delivery during air travel be reported immediately to the responsible airline at the airport by means of a Property Irregularity Report (P.I.R.). Airlines usually refuse refunds if the damage report has not been completed. In case of damage to luggage, the damage report must be submitted within seven days and in case of delay within 21 days of delivery. Otherwise, the loss, damage or misrouting of baggage must be reported to the cruise package guide or the local representative of Swan Hellenic Travel. Damage to or loss of luggage during embarkation or disembarkation must be reported immediately. The customer is obliged to notify Swan Hellenic Travel or its agents in writing. If cabin baggage is visibly damaged, the customer must notify Swan Hellenic Travel of the damage immediately, at the latest, however, at the time of disembarkation. In the case of other, externally recognizably damaged luggage, which has been transported by the on-board personnel or stored for the customer, the customer must report the damage as soon as it is handed back to him. If the damage is not externally visible, the report must be made no later than 15 days after disembarkation, handover or the time at which handover was scheduled. The carriage, stowage and handling of the passenger³s own luggage on board shall always be at the passenger’s own risk. Cabin luggage damage is limited to a maximum liability amount of 2,250 units of account (unit of account is the special drawing right of the International Monetary Fund). The amount shall be converted into Euro/ GBP/USD/AUD according to the value of the Euro/GBP/USD/AUD in relation to the Special Drawing Right, per customer and per trip, insofar as damage was neither intentionally nor grossly negligently caused by Swan Hellenic Travel. The limitation of liability shall also apply insofar as Swan Hellenic Travel is responsible for any damage incurred by the customer solely due to the fault of a service provider. In the event of loss of or damage to mobility equipment or other special equipment used by a passenger with reduced mobility, Swan Hellenic Travel shall reimburse the replacement value of the equipment concerned or, if applicable, the repair costs. (i.e implementation of the EU Regulation 392/2009 or the respective national law statutes, in your country where the travel modules are offered). 9. LIMITATION OF LIABILITY 9.1 The contractual liability of Swan Hellenic Travel for damages that do not result from injury to life, body or health (including liability for injury before, - in addition to, - or after contractual obligations) is limited to three times the cruise package price, in so far as damage to the customer is caused neither intentionally nor by gross negligence or in so far as Swan Hellenic Travel is responsible for any damage incurred by the customer solely due to the fault of a service provider. Any further claims based on international agreements shall remain unaffected by this limitation of liability. For all claims for damages against Swan Hellenic Travel based on tort, which are not based on intent or gross negligence, the liability for property damage is limited to three times the travel price. These maximum liability sums apply per customer and trip. Any further claims based on international agreements shall remain unaffected by this limitation of liability. 9.2 If Swan Hellenic Travel is appointed as a contractual shipowner, liability shall be governed by the special international conventions or statutory provisions based on such conventions. Carriage by sea is subject to the liability provisions of the Athens Convention 1974 and the Protocol thereto 2002 as well as the IMO Reservation and the IMO Guidelines for the Implementation of the Athens Convention, which have been implemented in the European Community by Directive 392/2009 for the Carriage of Passengers by Sea. The exact limits of liability can be found here. The provisions of this paragraph shall not apply only if the provisions referred to in point 9.1 lead to a lesser claim on Swan Hellenic Travel. In this context, Swan Hellenic Travel draws attention to the following points in connection with the liability provisions for sea transport: The liability of Swan Hellenic Travel for the loss of and damage to luggage, mobility aids and other special medical equipment used by customers and/or their fellow passengers with reduced mobility is excluded if the customer and/or fellow passenger does not notify Swan Hellenic Travel of the damage at the latest at the time of disembarkation or at the latest 15 days after disembarkation in the case of damage which is not recognisable. A written notification is not required if both parties have already jointly determined the damage within the period. c) Swan Hellenic Travel is not liable for damage to or loss of personal equipment or valuables (e.g. money, important documents, precious stones, jewellery, works of art, dentures, photo and film cameras, smartphones, notebooks and tablet PCs including accessories, etc.).) due to theft, other loss or other extreme influences, which are not attributable to intentional or grossly negligent conduct on the part of Swan Hellenic Travel, unless they were deposited for safekeeping during transport, e.g. in the reception safe. 9.3 Swan Hellenic Travel is expressly not liable for service disruptions, personal injury and material damage in connection with services which are merely brokered as third-party services (e.g. excursions, sports events, visits to the theatre, exhibitions, transport services to and from the advertised place of departure and destination), all third-party services are clearly and identifiably marked as such and are therefore not part of the travel service to be provided by Swan Hellenic Travel within the scope of the travel contract. 9.4 Swan Hellenic Travel has compiled an extensive shore excursion programme for the customer which in some illustrated cases is offered exclusively by carefully selected local organisers of the respective destination (port). Swan Hellenic Travel is only responsible for arranging these shore excursions, which are not organised, monitored or controlled by Swan Hellenic Travel. The shore excursion programme is provided by local tour operators who work independently of Swan Hellenic Travel. Organizers of shore excursions plan these in accordance with the lay times of the ship. Swan Hellenic Travel carries out the mediation of such external services as a pure service for the customer, but Swan Hellenic Travel is liable for errors in the mediation. 9.5 Air carriage owed as part of a cruise package is subject to the liability provisions of the Montreal Convention of 1999, as amended by Regulation (EC) No 779/2002. 9.6 Swan Hellenic Travel recommends that customers take out travel accident and luggage insurance in their own interest. 10. LIMITATION PERIOD -INFORMATION ON CONSUMER DISPUTE SETTLEMENT 10.1 All contractual claims of the customer shall become statute-barred after two years. The claims for damages under maritime law due to death, damage to body or luggage become statute-barred after two years. Claims arising from tort shall become statute-barred within three years unless they also arise under the provisions of the Cyprus Commercial Code on maritime liability. 10.2 The limitation period begins on the day on which the trip should end according to the contract. If the last day of the period falls on a Sunday, a public holiday recognised by the state at the place of declaration or a Saturday, the next working day shall take the place of such a day. 10.3 If negotiations between the customer and Swan Hellenic Travel concerning the claim or the circumstances justifying the claim are pending, the statute of limitations shall be suspended until the customer or Swan Hellenic Travel refuses to continue the negotiations. The limitation period shall commence at the earliest three months after the end of the suspension. 10.4 Swan Hellenic Travel operates a modern, fast and fair complaints management system. This is attainable for its customers under support@ Swanhellenic.be . Swan Hellenic Travel does not take part in a consumer dispute settlement. If a consumer dispute resolution would become obligatory for Swan Hellenic Travel after printing of these trading conditions, Swan Hellenic Travel informs the consumers about it in suitable form. Swan Hellenic Travel refers to the European Online Dispute Resolution Platform for all contracts concluded in electronic legal transactions. 11. OBLIGATIONS TO PROVIDE INFORMATION ON THE IDENTITY OF THE CARRIER UNDERTAKING PERFORMING THE CONTRACT The EU regulation on informing passengers of the identity of the operating airline obliges Swan Hellenic Travel to inform the customer of the identity of the operating airline of all air transport services to be provided within the scope of the booked journey at the time of booking. If the operating