BACK TO CONTENTS 99 may terminate the contract and exclude the traveller from the cruise with immediate effect where the behaviour of the traveller adversely affects his own health or safety or is a threat to the health, safety or enjoyment of the travel of other passengers. (2)Currency and credit cards Most of the countries visited use the euro although some countries still use another currency. For small purchases onshore or in small towns, it is helpful to carry some local currency. Credit cards are accepted in many places. Before the start of travel, you should check that your card and PIN will work in the countries you will be visiting. All purchases on board are charged to your shipboard account. The on board currencies on cruise ships are US dollar and euro, depending on the destination. (3)Deck plan The deck plans and cabin layouts/sizes are intended only as a guide and are subject to change. (4) Noise, vibration and odour Although we take appropriate measures to minimise the noise, vibrations and odours on our ships, you acknowledge and accept that some noise, vibration and intermittent odours may be experienced on vessels and that we cannot be held liable to you in relation to such noise, vibration or odours. (5)Dock position During port stops, ships may dock side-by-side, obstructing views. (6) Cruise director An experienced English-speaking cruise director accompanies every cruise. They are there to ensure your comfort, answer your questions and make your holiday relaxed and memorable. Cruise directors are employees of SCENIC. (7)Electricity andWiFi Free WiFi is available on board. However, our ships sail in national and international waters. This means that connection speeds usingWiFi can sometimes be slow depending on the current position of the ship. In some cases, no signal may be available. We do not guarantee the availability and quality of internet connections. Further, we do not accept any liability for any problems arising. (8)Onboard power supply The power supply onboard is 220 volts. You will need a universal travel adaptor to use your electrical appliances. (9) Sightseeing, excursions and special activities (a)Sightseeing: sightseeing in many historic towns and cities can only be undertaken by walking as coach access is not possible. Consequently, a reasonable level of fitness is required as the sightseeing tour may involve steps and extensive walking over uneven surfaces; (b)Mountain excursions: some shore excursions include mountain excursions involving high altitudes. (c)Discovery experiences: a reasonable level of mobility is required to participate in most tours. discovery experiences including but not limited to dinghy tours are subject to regulatory approval and the prevailing weather conditions. The tours can be booked with your cruise director during the cruise and are subject to availability, seasonal and operational factors. Some activities require a minimum or maximum number of participants to operate. (d)For Arctic and Antarctic expeditions as well as mountain excursions and discovery experiences (e.g. by dinghy, kayak, helicopter, e-bike, submersible or using scuba diving equipment) participants need to have an adequate level of physical fitness and health. Travellers are recommended to consult a doctor before booking to ensure that they have an adequate level of physical fitness and are in good health for the trip concerned. (e)The equipment for sporting and aquatic activities shown in the brochure may not be offered in all ports and/or is subject to availability. (f) The operation of all excursions/tours depends on us having a minimum number of bookings. If the minimum booking number is not reached, we may cancel or amend a planned excursion/tour. (10) Drones (a)General prohibition: unless provided by us or an operator as part of an organised activity during your tour, the use of drones is strictly prohibited at all times. (b)You should also be aware that, in addition to the prohibition set out in paragraph (a), the use of drones is regulated or prohibited by law in many locations and that use which is illegal or contrary to the lawmay result in your arrest or prosecution by the relevant authorities. (c) If we or an operator allow you to operate a drone as part of an organised activity during your tour, you must strictly comply with all instructions of the activity leader. (11) Images, diagrams and maps (a)Unless otherwise stated, we make no representations about the facilities, quality or dimensions of any accommodation or cruise vessel. All images are for illustrative purposes only and may differ from the actual product or experience available; certain images may also have been digitally enhanced for reproduction purposes. (b)Maps or diagrams of cruise ship routes included in cruise or other brochures are intended only as a guide and should not be regarded as showing the actual route to be taken during the cruise. The actual travel route is set out in the travel documents. (12) Luggage Travellers are entitled to one suitcase per person. The measurements of the suitcase may not exceed 76.2 x 53.3 x 27.9 cm and it must weigh no more than 23kg. (13) Smoking on board Smoking is limited to the designated smoking areas and is not permitted in the cabins and on balconies and terraces. (14) (Travel) insurance Please read your (travel) insurance policies carefully and take themwith you on your tour. It is your responsibility to ensure that the insurance protection you take out is suitable and appropriate for your own particular requirements. 18 SERVICE PROVIDERS Many of the services included in your travel are provided by service providers. These service providers provide the services in accordance with their own terms and conditions of business. Some of these terms and conditions of business may limit or exclude the liability of the service provider towards you, usually in accordance with applicable international conventions. Copies of the relevant parts of these terms and conditions of business and the international conventions are available on request from ourselves or the service provider concerned. 19 INFORMATION, PASSPORT, VISA AND HEALTH PROVISIONS (1) The traveller must comply with all laws, ordinances, orders and travel requirements (provisions) of the countries and ports to be visited on the trip as well as all rules and instructions issued by SCENIC and its representatives. (2)SCENIC or the travel agent shall inform German nationals, who are not subject to special circumstances (e.g. dual nationality, stateless person, previous passport entries, evidence of refugee status), of the general requirements set out in the passport, visa and health provisions before entering the contract as well as of possible amendments to those requirements before the start of travel. It shall be presumed in that connection that no special circumstances apply in relation to the traveller (e.g. dual nationality, stateless person, previous passport entries). Other EU nationals and nationals of other States should contact SCENIC or the consulate responsible for them. (3)SCENIC shall inform the traveller of the general passport and visa requirements and the health formalities of the destination country, including the approximate time to obtain any necessary visa, before entering the contract as well as of amendments that are possible before the start of travel. (4) The traveller himself shall be responsible for obtaining and carrying the necessary travel documents (e.g. visas, vaccination certificates), any necessary vaccinations and complying with customs and foreign exchange provisions unless SCENIC has expressly undertaken to obtain visas, certificates, etc. The traveller shall bear all disadvantages, in particular the payment of cancellation fees as well as fines, penalties and expenses, that arise from non-compliance with these provisions, except where they result from the culpable provision of incorrect information or a culpable omission to provide information on the part of SCENIC. The traveller must reimburse SCENIC immediately for any amounts that it must pay or deposit in this connection. (5)In the event of an infringement of or non-compliance with passport, visa, health or other entry requirements, in particular also by a failure to provide manifest data on time, SCENIC shall be entitled to deny carriage to the traveller and to claim the corresponding standardised compensation specified in clause 10 of these terms and conditions. In this case, the traveller shall have the right to prove to SCENIC that no loss has occurred or that the loss sustained does not correspond to the amount claimed. (6) SCENIC recommends that minors travelling without their parents should carry with them a written declaration of consent from their parents. In many countries restrictions apply or embarkation may be denied if no such document can be produced. The declaration of consent should be written and certified in English, as a minimum, and, as a precaution, also in the language of the countries to be visited. The traveller himself shall be responsible for contacting the relevant embassies for information. 20IDENTITY OF THE OPERATING AIRLINE SCENIC or its agents will inform the traveller of the identity of the operating airline(s) for all flights to be provided as part of the tour if SCENIC arranges the flights for travellers. The EU Regulation on informing passengers of the identity of the operating air carrier (Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier) requires SCENIC to inform the passenger at the time of reservation of the identity of the relevant operating airline in relation to each flight to be provided during the booked tour. If at the time of reservation the operating carrier has not yet been determined, SCENIC is required to inform the passenger of the airline(s) that are likely to operate the flight. As soon as SCENIC knows which airline will operate the flight, it must inform the passenger thereof. If the airline which was notified to the passenger as the operating airline changes, SCENIC must inform the passenger of this change. SCENIC must immediately take all appropriate steps to ensure that the passenger is informed of the change as soon as possible. The list of airlines subject to an operating ban in the EU (“the Community list”, previously known as a “blacklist”) is available via the following link: https://ec.europa.eu/transport/modes/air/ safety/air-ban_en 21 DATA PROTECTION SCENIC handles the data of its travellers responsibly. The personal data that you provide to SCENIC are processed electronically, stored and used exclusively in accordance with the statutory data protection rules and the European General Data Protection Regulation (GDPR) to the extent that this is necessary for the performance of the contract, the operation of the tour, customer service or compliance with statutory provisions. Employees and representatives of SCENIC are required to observe data protection rules. The data protection law applicable grants travellers the following rights against SCENIC in connection with the processing of their personal data: Right of access by the data subject (Article 15 of the GDPR), right to rectification (Article 16 of the GDPR), right to erasure (Article 17 of the GDPR), right to restriction of processing (Article 18 of the GDPR), notification obligation regarding rectification or erasure of personal data or restriction of processing (Article 19 of the GDPR), right to data portability (Article 20 of the GDPR), right to withdraw the consent given (Article 7(3) of the GDPR) and right to lodge a complaint with a supervisory authority (Article 77 of the GDPR). Where travellers have questions concerning data protection, they may contact our data protection officer by email: cruises@scenic.eu, Data Protection Officer, Mark Feuz, Scenic Cruises International GmbH, Wallbrunnstrasse 24, 79539 Lörrach, Germany. Comprehensive information on the nature, scope and purposes of the collection, processing and use of your personal data and on your rights is available at www.scenic.eu. 22 DISPUTE SETTLEMENT PROCEDURES The European Commission provides a platform for out-of-court online dispute resolution (ODR platform) which can be accessed under www.ec.europa.eu/consumers/odr However, SCENIC is not obliged to participate in this procedure and does not participate in dispute resolution procedures provided by a consumer arbitration service. 23 FINAL PROVISIONS, APPLICABLE LAW, JURISDICTION (1) The laws of the Federal Republic of Germany with the exception of UN sales law (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980) shall govern these terms and conditions of travel. For travellers who are regarded as consumers this choice of law also applies provided that this does not deprive the traveller of the protection afforded by mandatory provisions of the law of the country in which he has his habitual residence. (2)Disputes arising in relation to registered traders, persons who do not have a general place of jurisdiction in the Federal Republic of Germany, persons for whom, after the contract has been entered, their domicile or place of habitual residence is unknown at the date the action is lodged and actions where SCENIC is the defendant are subject to the jurisdiction of the courts in Lörrach. Both stipulations shall apply unless mandatory provisions of international conventions provide otherwise. (3)For the remainder, unless otherwise agreed in these terms and conditions of travel, the statutory rules shall apply. (4) The invalidity and/or ineffectiveness of individual provisions of the travel contract and/ or these terms and conditions of travel shall not result in the invalidity and/or ineffectiveness of the travel contract or the terms and conditions of travel as a whole. Date of publication: 1 March 2021 Part of
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