Package Holidays and Mini Cruises Travel Terms and Conditions

Package Holidays and Mini Cruises Travel Terms and Conditions

Please note these travel terms and conditions, which supplement §§ 651a to 651m of the German Civil Code (BGB) and §§ 4 to 11 of the German decree on information obligations under the BGB (BGB-InfoV) and were transmitted to you in full before booking as part of the catalogue/of the offer/on the Internet, as you bindingly acknowledge these in full with your booking.

For groups, the "Group Tour Booking Conditions and General Information" also apply as supplemental terms and conditions.

1. Registration and booking confirmation

1.1 Upon registering for travel, the traveller makes a binding offer to Color Line (CL) for the conclusion of the travel agreement. The travel agreement becomes contractually binding for CL with the written confirmation of the booking and the travel price (fare via e-mail or mail). The confirmation may be sent directly to the traveller or to the travel agency. Upon or immediately after conclusion of the agreement, CL or the travel agency will deliver a booking confirmation of the tour operator to the customer that contains all of the essential information on the travel service booked as well as the guarantee certificate in accordance with Article 7 of the Council Directive 90/314/EEC on package travel, package holidays and package tours.

1.2 The person making the booking is responsible for the contractual obligations of all persons listed in the registration, inasmuch as is expressly and separately declared by that person. The person making the booking shall be jointly liable with the other travellers registered by him/her.

1.3 Upon or immediately after conclusion of the agreement, the traveller shall receive a written confirmation that contains all essential details on the travel services booked. If the booking confirmation contains deviations from the registration, CL will explicitly point out such deviations. CL shall be bound to this new offer for 10 days. The agreement is concluded on the basis of this new offer, if it is acknowledged by the traveller during this period.

2. Payment

2.1 To protect the claims of its customers Color Line has obtained insurance cover for any insolvency risk.

2.2 Upon conclusion of the agreement, the traveller shall make a deposit of 20% of the price against delivery of the booking confirmation and guarantee certificate. The remaining balance is due for payment at the latest 20 days before to departure. See 2.7 for exceptions. The deposit will be credited against the fare. Exception: Travels booked via the Internet must be paid in full immediately at the time of the booking. After you have entered your personal details, payment is made in the next step.

2.3 If the deposit is not paid in accordance with the agreement, CL can terminate the agreement after giving notice and setting a deadline, whereby cancellation fees will apply.

2.4 For bookings made less than 28 days before departure (late bookings) the full fare is due immediately.

2.5 If the fare has not been paid in full at the time of departure, the agreement will be dissolved after giving notice and setting of a deadline. CL may claim cancellation fees as compensation in accordance with the cancellation fees listed, unless a considerable defect in the travel exists at the time of cancellation.

2.6 The booking confirmation is deemed a valid travel document after payment has been received.

2.7 Mini-cruises are subject to separate, deviating terms of payment: The fare must be paid in full by credit card, direct debit, or bank transfer (if booked in our Service Center) within 3 days of booking.

3. Sales campaign and promotional vouchers

3.1 Sales campaign and promotional vouchers (hereinafter "vouchers") are non-transferable. Rebookings are excluded for voucher bookings. In addition, the designation of a substitute traveller is excluded.

3.2 Vouchers or voucher services can neither be combined with each other nor with special offers.

3.3 Only one voucher per person may be redeemed per voucher campaign. Multiple redemptions are excluded.

3.4 Color Line vouchers cannot be converted into cash.

3.5 The provisions do not apply to gift vouchers purchased.

4. Services

4.1 In principle, the service description in the current catalogue and/or leaflets or on the Internet and the respective confirmation referring thereto apply for the contractual services in the booking period.

4.2 CL expressly reserves the right to declare changes to the service description at any time for materially justified, substantial, and unforeseeable reasons, of which the traveller will, of course, be informed prior to booking.

4.3 Travel agencies are not authorised to promise services that exceed the service description, neither before nor after conclusion of the agreement.

4.4 Travel packages and mini-cruises may not be used to create one-way bookings. Unused travel stages of travel packages may not be used as one-way tickets and will not be refunded. The difference to the current crossing price will be subsequently debited.

4.5 CL assumes no liability for information contained in brochures of third parties, e.g., of hotels, resorts, etc., even if these are issued by CL or accompany the travel documents.

5. Changes in services and prices

5.1 Catalogue/Internet offers are subject to change (with regard to the correction of mistakes or errors in calculation) without notice until the written booking confirmation is issued by CL. For changes of services or prices of which the traveller is informed in the booking information, please refer to Section 1.3 of these Travel Conditions.

5.2 In the event of ship cruises, it lies in the sole discretion of the captain to make necessary changes regarding the travel time and/or routes, e.g., for reasons of security or weather. Departure times are subject to change.

6. Cancellation by the traveller

6.1 The traveller may cancel the travel at any time prior to departure. In the interest of the traveller (preservation of evidence) and to avoid confusion, the cancellation should be declared in writing. The declaration is effective on the date on which it is received by CL.

6.2 Cancellation by the traveller by not showing up to travel If a traveller, for reasons not attributable to CL, does not show up to travel (no-show), this is treated in the same manner as a cancellation.

6.3 In the event of cancellation by the traveller or no-show for reasons not attributable to Color Line or force majeure, Color Line may demand reasonable compensation based on the respective travel price for the travel arrangements made and expenses incurred (cancellation fees). The cancellation fees are calculated as flat charges as a percentage of the fare, taking into account the proximity of the time of cancellation to the contractually agreed time of departure. In doing so, expenses that are typically avoided and the possible use of the travel services elsewhere are to be taken into account.
The following terms and conditions apply:

6.3.1 for travel packages
In case of cancellations up to 31 days before departure, 10% of the fare, however, EUR 25.00 (per person annually) at least, will be charged as fees.
In case of cancellations between 30 and 8 days before departure, 50% of the fare will be charged as fees. In case of cancellations 7 days or less before departure, 100% of the fare will be charged as fees.

6.3.2 for the mini cruise "Economy"
The fare is non-refundable.

6.3.3 for the mini cruise "Flex"
No fees are due for cancellations made up to 24 hours before departure. The fare will be refunded in full. The full fare will be charged as fees for cancellations made less than 24 hours before departure.

6.4 Cancellation fees also apply if a traveller does not arrive at the respective place of departure noted in the travel documents on time.

6.5 The traveller is free to prove that no or significantly lower costs than those indicated by CL were incurred in connection with the cancellation or no-show.

6.6 In the event that two or more travellers have booked a double room or a shared room or ship cabin and if no substitute traveller is named upon cancellation, the tour operator is authorised to demand the full price of the room or, if possible, to accommodate the remaining travellers elsewhere.

7. Rebooking

7.1 Rebookings are changes made to the travel date, the destination, the place of departure, the accommodation or the carriage.
At the request of the traveller, rebookings will be carried out as far as is feasible.
In the interest of the traveller (preservation of evidence) and to avoid misunderstandings, rebooking and change requests should, in any case, be made in writing. The resulting flat fees are due immediately.

7.2 In the event of rebookings by the traveller, Color Line charges adequate compensation.
The following terms and conditions apply:

7.2.1 for travel packages
Up to 14 days before departure, a flat fee of EUR 25.00 per person is to be paid. A subsequent rebooking is carried out such as a cancellation with subsequent new registration, see 6.3.1.

7.2.2 for mini cruise "Economy"
In addition to a possibly higher fare, 25% of the original fare is due as a fee. This is to be paid immediately.

7.2.3 for mini cruise "Flex"
Rebookings are possible at any time without a fee. The difference to a possibly higher fare is to be paid immediately.

8. Substitute travellers

8.1 Up to the time of departure, the traveller may, for a fee of EUR 25, request that a third party enters into the traveller’s rights and obligations under the travel agreement. In order to do so, CL needs to be notified accordingly. CL may object to the change of the person, if the substitute does not fulfil the special requirements for travel or if there are statutory requirements or governmental orders to the contrary.

8.2 If a substitute takes the place of the registered traveller, CL is authorised to charge the additional costs incurred in connection with the substitute's participation in the travel. The originally registered traveller and the substitute are jointly and severally liable for the fare and for the additional costs incurred in connection with the substitute.

8.3 In the interest of the traveller (preservation of evidence) and to avoid any misunderstandings, change requests should, in any case, be made in writing.

9. Termination/Cancellation by CL

9.1 CL may terminate the travel agreement without notice, if carrying out the travel is severely impaired by the traveller in spite of a corresponding notice by CL or if the traveller is in breach of contract to such a degree that an immediate termination of the agreement is justified. CL, however, retains the claim to the fare. Any additional costs for return travel are to be borne by the person interfering. CL must, however, allow the value of avoided expenses and any benefits that are obtained from another use of the services not provided to the person interfering, including any refunds made by service providers, to be credited.

9.2 CL has a right of cancellation, if CL is not responsible for the circumstances leading thereto and if the traveller has been offered a comparable substitute offer.

9.3 The declaration of cancellation will be forwarded to the traveller without delay. In case of cancellation, the traveller is entitled to demand to participate in a travel of at least equal value, if CL is able to make such an offer without additional costs to the traveller.
The traveller is to assert this right to CL without delay after CL has cancelled the contract. If the traveller does not make use of this offer, the traveller will be refunded the paid amounts without undue delay.

9.4 If the travel details and the booking confirmation mention that a certain minimum number of participants is required, CL may cancel the travel up to two weeks before departure, if this number is not achieved. CL will, of course, inform the traveller earlier, if it becomes apparent that the minimum number of participants cannot be achieved. The cancellation will be forwarded to the traveller without delay. The traveller will be refunded the fare paid.

10. Cancellation due to extraordinary circumstances

10.1 Both the traveller and CL may terminate the travel agreement, if carrying out the travel is significantly impaired, hindered, or endangered by force majeure (e.g., by war, civil unrest, natural disasters).

10.2 In this case, CL will refund the paid fare without delay, but may demand adequate compensation for travel services performed or still to be performed in order to end the travel.

10.3 The German Foreign Office publishes travel advice under: www.auswaertigesamt.de. The traveller may also obtain advice in Germany by calling (030) 18170.

11. Obligation of cooperation/remediation/mitigation/ termination

11.1 If the travel service is not performed or performed in a non-contractual manner, the traveller may demand a remedy within a reasonable amount of time.

11.2 The traveller is obliged to cooperate within the scope of statutory requirements in the event of interferences with performance to avoid or minimise damages, and to notify the authorities and persons specified in the travel documents.

11.3 In the unlikely event that the traveller has reason for complaint, the traveller is to immediately contact the tour manager, the contractual partner, or to the authorities specified in the travel documents.

11.4 If it is not possible to solve the complaints of the traveller or to resolve them only insufficiently on site, CL is to be notified by phone or fax: +49 (0)431 73 00-0; fax: +49 (0)431 73 00-400. CL will take all possible measures without delay to resolve the interference with performance or to provide the traveller with accommodation of at least equal value. In case of culpable omission of a notification of defects, the tour operator is not obligated to reduce the price or pay damages. Any costs incurred by the traveller for notifying CL will be reimbursed if there is a legitimate reason.

11.5 CL may refuse remediation, if doing so entails disproportionate expense. CL may also remedy the situation by offering a substitute service of equal or higher value.

11.6 After returning from the travel, the traveller may demand a reduction of the fare if the services were not rendered in accordance with the agreement and the traveller is not at fault for failing to report the defect. The fare is to be reduced by the amount the value of the travel would have been reduced had it already had the defect at the time of sale.

11.7 If the travel is substantially impaired due to a defect and CL does not remedy the defect within a reasonable time, the traveller may terminate the travel agreement within the scope of the statutory requirements--in the interest of the traveller and to preserve evidence--in writing. The traveller owes to CL the portion of the fare that applies to the services provided, inasmuch as these services were of interest to the traveller.

12. Liability/Damages

12.1 In the event of a defect, the traveller may, without prejudice to a price reduction or termination, claim damages, unless the defect is due to a circumstance, for which CL is not responsible.

12.2 The contractual liability of CL for compensation of damages other than physical injuries is limited to a total of three times the amount of the fare,
a) provided that the damage was caused by CL neither intentionally nor by gross negligence;
b) provided that CL is responsible for damage incurred by the traveller solely because of the fault of a service provider. Tort claims for damages remain unaffected.

12.3 For all tort claims for compensation of damages asserted against the tour operator, that are not based on intent or gross negligence, the tour operator is liable for property damage up to three times the amount of the fare. These maximum liability amounts apply per passenger and per travel.

12.4 CL is not liable for interferences with performance, damages to persons or property in connection with third party services that are merely arranged by CL (e.g., excursions, sports events, theatre performances, exhibitions) and are explicitly specified as third-party services in the travel description and booking confirmation, so that the customer can clearly discern that they do not form a part of the travel services of CL. The tour operator shall, however, be liable for the following:

12.4.1 services that include transportation of travellers from the advertised place of departure of the travel to the advertised destination, intermediate transportation during the travel, and accommodation during the travel, and

12.4.2 if and insofar as any damage to the customer is caused by the breach of the tour operator's obligations of notification, clarification, and organisation.

12.5 A claim for damages against CL is limited or excluded, inasmuch as according to international treaties or statutory provisions based thereon that apply to the services to be provided by the service provider, a claim for damages against the service provider can only be asserted under certain conditions or restrictions, or is excluded under certain conditions.

12.6 If, in the event of ship cruises, the tour operator is the ship owner, the liability is also governed by the provisions of the German Commercial Code (§ 664 HGB and its annex) as well as the German Inland Waterways Act (Binnenschifffahrtsgesetz).

12.7 Inclusion of the terms and conditions of service providers. The carriage is performed on the basis of the terms and conditions of the respective carrier, which will be made available upon request. The rights and obligations of the tour operator pursuant to the German Travel Agreement Act (Reisevertragsgesetz) and the tour operator's general terms and conditions of travel are not restricted by the terms and conditions of the respective carrier.

12.8 In the event of ship cruises, damages are to be reported by way of a damage report without delay and on the spot to the ferry company responsible. As a rule, ferry companies refuse refunds if the damage is not reported without delay. Incidentally, the loss or damage of luggage is also to be reported to the ferry company without delay and on the spot.

12.9 For carriage aboard ferries, the terms and conditions of carriage apply, inasmuch as the carriage is not a part of the service package of CL. In this case, the detailed CL travel conditions CL have priority and are, where applicable, supplements by the terms and conditions of carriage.

13. Claims

13.1 Claims based on the non-performance of the agreement related to the travel are, pursuant to §§ 651c to 651f BGB, to be asserted against Color Line, Norwegenkai, 24143 Kiel, Germany within one month of the contractually agreed end of the travel, or else they expire. In one's own interest, it is imperative that the claims be asserted in writing. After this period has expired, the traveller may only assert claims if it was not possible for the traveller to meet the deadline for reasons outside his scope of responsibility.

13.2 Claims of the traveller under §§ 651c to 651f BGB arising from injury to life, limb, or health that were caused by a negligent breach of duty by the tour operator or a wilful or negligent breach of duty by a legal representative or agent of the tour operator, barred after two years. The same applies to claims for compensation for other damages that result from a grossly negligent breach of duty by the tour operator or a wilful or grossly negligent breach of duty by a legal representative or agent of the tour operator.

13.2.1 All other claims under §§ 651c to 651f BGB are barred after one year.
The limitation period begins on the day, on which the travel was supposed to end according to the contractual agreements.

13.2.2 Tort claims are statute barred after three years.

13.2.3 In the event negotiations on the claim or on the circumstances giving rise to the claim between the traveller and the tour operator are currently pending, the limitation period is suspended until the traveller or the tour operator refuses to continue negotiations. The limitation period shall expire no earlier than three months after the suspension ends.

13.3 The travel agency acts as intermediary in the conclusion of the travel agreement. It is not authorised to accept warranty claims or claims for damages asserted by the traveller once the travel is over. Claims asserted vis-à-vis a travel agency have no effect on limitation periods.

13.4 The assignment of claims against the tour operator is excluded. This does not apply among family members.

14. Insurance cover

For your own protection, it is advised to take out insurance that covers cancellation, interruption, luggage, accidents, illness, and travel liability.

15. Children/Adolescents

The carriage of unaccompanied children and adolescents under 18 years is excluded. They may travel only when accompanied by a parent or guardian.
The minimum age for mini cruises is 20 years. It is possible to apply for an exemption from the age limit. To do so, please use of our application form: http://www.colorline.de/service/kontakt.

16. Embarkation

KIEL - OSLO: Passengers arriving by private vehicle should provide for arriving no later than 120 minutes before departure. Passengers without cars should arrive at least 60 minutes before departure.
DENMARK - NORWAY: Guests with and without a vehicle should arrive at least 60 minutes before departure.

16.1 Each individual driver is responsible for ensuring that his/her vehicle is parked in the allotted space and secured with the handbrake in the lowest gear and properly locked.

16.2 Color Line has the right to refuse passengers entry to the vessel or to place them on land during the trip if, in the opinion of the captain, the passenger is unsuitable for the voyage or poses a danger to that person's own safety or to the other persons on board.

16.3 The departure and arrival times specified in the timetable can change due to weather-related or technical reasons. Thus, no liability is assumed in this respect.

17. Final cleaning of holiday flats/apartments/cottages

The property must be left thoroughly cleaned upon departure, provided the cleaning was not booked for a fee or is included in the price.

18. Travel documents

All travellers must hold a valid identity card or passport, which must be produced upon request. Passengers are liable for any costs that arise because their entry was denied. All vehicles must have a nationality code. Travellers travelling by car will need a green insurance card and vehicle registration papers. The person using the vehicle is encouraged to contact his/her insurance company prior to departure to obtain information on the most recent regulations for the vehicle when travelling abroad. We recommend that all guests take out travel insurance.

19. Passport, visa, customs, foreign currency, and health regulations

19.1 CL is committed to inform citizens of the state in which the travel is offered about passport, visa, and health regulations as well as possible changes thereto prior to departure. For citizens of other countries, the relevant consulate or travel agent provides such information.

19.2 The travel advertisement in the catalogue or on the Internet and the travel documents contain vital information for the traveller on the necessary formalities. The traveller is to adhere to this information and shall obtain additional information from the travel agency, whether a passport is necessary for travel, or whether an identity card is sufficient. It should also be ensured that the passport or identity card does not expire before the end of the travel. Children can be added to the passport of an accompanying parent. A separate children's passport is required for some countries.

19.3 CL shall not be liable for the timely issuance and receipt of necessary visas by the respective diplomatic missions.

19.4 It is the sole responsibility of the traveller to comply with all travel regulations applicable to the travel. This also extends to the observance of special pet travel rules. All negative consequences, especially the payment of cancellation fees, arising from the failure to comply with this provision, are to be borne by the traveller, if they are not caused by the culpable provision of false information or lack of information by CL.

19.5 Travellers should seek out information on vaccinations, as well as other preventive measures, in a timely manner; where appropriate, travellers should seek out medical advice with respect to the risk of thrombosis and other health risks. General information can be gained, in particular, from health authorities, physicians experienced in travel medicine and/or tropical medicine, travel medicine information services, or the German Federal Center for Health Education.

20. Miscellaneous

All information contained in Color Line publications take into account the applicable legal requirements at the time of publication and only refer to their validity.
Errors and omissions excepted.
The invalidity of some of these provisions does not affect the validity of the remaining provisions.

21. Privacy Policy

The personal data you provide to us will be electronically processed and used in accordance with data protection laws, in particular, in accordance with the German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG), inasmuch as they are required to perform the agreement. Inasmuch as we are use third-party service providers located outside of the EU and/or the EEA (so-called third countries without an adequate level of data protection) to process and/or store personal data, the protection of your personal data is secured by the agreement of the so-called "EU Standard Contractual Clauses". In the future, we would also like to inform you in writing about the latest offers, inasmuch as it is not apparent to us that you wish not to. If you do not wish to receive information, please contact the "Data Protection" department below at the address of CL.

22. Place of jurisdiction

These Package Holidays and Mini Cruises Travel Terms and Conditions are subject to the law of the Federal Republic of Germany. Actions against CL are to be filed at its registered office. The place of jurisdiction for merchants (Vollkaufleute) under the German Commercial Code (HGB) and for persons, whose general place of jurisdiction is not located in Germany, as well as for persons, who have moved their place of residence or domicile abroad after the agreement has been concluded or whose place of residence or domicile is unknown at the time of filing the action, is where the tour operator is registered, unless international conventions mandatorily provide otherwise. Tour operator: Color Line, Oslo, represented by Color Line GmbH, Norwegenkai, 24143 Kiel, Germany; e-mail: servicecenter@colorline.de; Internet: www.colorline.de.