Package Holidays and Mini Cruises Travel Terms and Conditions

Terms and Conditions of Travel for Package Holidays and Mini Cruises

1. Booking and conclusion of contract, booking confirmation
1.1 By booking a trip, the passenger submits a binding offer to Color Line (CL) to conclude a contract for travel based on the travel description in the catalogue / online subject to these Terms and Conditions of Travel. The booking may be made verbally, by telephone, in writing (post, fax) or electronically (by e-mail, Internet). The person making the booking does so for all the persons named in the booking and is responsible for the contractual obligations of all these persons, provided this has been expressly and separately declared by this person to CL. The contract for travel is concluded after the booking has been accepted by CL. CL will communicate this to the passenger via the booking confirmation. This will be sent to the passenger directly by email or post or by the travel agency together with a secured payment certificate which covers the risks of insolvency in respect of all payments made by the passenger.

1.2 If the booking confirmation contains differences from the booking, it will constitute a new offer by CL to which CL is bound for 10 days. Within this period, the passenger may accept the order expressly or by making a deposit payment, and the agreement will be concluded based on the content of this offer.

2. Payment
2.1 A deposit in the amount of 20% of the ticket price is due and must be paid after the conclusion of the agreement and receipt of the booking confirmation and of the secured payment certificate. The deposit payment will be deducted from the ticket price. The balance is due 40 days before departure and must be paid if it is certain that the trip will be made and in particular has not been cancelled in accordance with Section 10, and the secured payment certificate has been supplied. In the case of bookings from the 28th day before the start of the trip (last minute booking), the full ticket price is due and payable immediately.

2.2 The passenger can make the deposit and balance payments by bank transfer, SEPA direct debit or credit card.

2.2.1 In order to pay using the SEPA direct debit scheme, passengers must submit a SEPA direct debit mandate (direct debit order) according to the requirements of CL and in particular state their bank details and address and thus give their consent to the direct debit scheme. The deposit and balance payments will then be debited on the due dates provided the secured payment certificate has been supplied. In the case of doubt, as pre-notification to the passenger the booking confirmation will be considered to be a contractual document. CL and the passenger will agree on a period of one day for the pre-notification. The passenger must ensure that there is sufficient coverage for the debit in the bank account. In the event of a reversal of the direct debit for reasons for which the passenger is responsible, and if a payment is not honoured in due time, the passenger will be in arrears of payment and CL will be entitled to charge the resulting damages as damages caused by delay.

2.2.2 If passengers choose to pay by credit card, they will grant the authorisation to debit their credit card account during the booking process. If the passenger has selected this payment method and CL has included the status "paid" in the booking confirmation, a payment made by the passenger will be deemed a provisional payment until it is certain that the amount which CL has debited from the credit card account of the passenger is not reversed in full or in part, or its repayment has not been asserted in any other way. In the event of a reversal of the payment for reasons for which the passenger is responsible, and if a payment is not honoured in due time, the passenger will be in arrears of payment and CL will be entitled to charge the resulting damages as damages caused by delay.

2.3 If payments due in respect of the travel price (deposit payment or balance payment) are not made by the passenger or not made in due time, after sending a reminder and setting a reasonable period for the payment CL is entitled to withdraw from the agreement and to charge the passenger cancellation fees in accordance with Section 7.2. The timeliness of a payment is determined by when it is credited to CL's account.

3. Campaign and promotional vouchers
3.1 Campaign and promotional vouchers (hereinafter "vouchers") are not transferable. Changes of bookings made with vouchers are excluded. Furthermore, the naming of a substitute passenger is excluded.

3.2 Vouchers or voucher services cannot be combined with each other or with special offers.

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

3.4 The payment of cash for vouchers is excluded.

3.5 These conditions do not apply to vouchers that have been purchased.

4. Services, changes to the description of services, changes to prices before the conclusion of an agreement, non-use of sections of a trip
4.1 Contractual services during the booking period are strictly governed by the current service description in the catalogue / Internet catalogue / flyer and by the booking confirmation referring to these respectively. Travel agencies are not entitled to make any commitments over and above the service description or to change the services contractually agreed between the passenger and CL without authorisation. Information in third party brochures such as those of hotels etc. is not binding for the performance obligation of CL.

4.2 CL expressly reserves the right to change the service description at any time before the conclusion of an agreement for objectively justifiable, important and unforeseeable reasons, which it naturally will communicate to the passenger prior to the booking.

4.3 CL expressly reserves the right to change the ticket price before the conclusion of an agreement due to an increase in transport costs, taxes for specific services such as harbour fees, or due to changes in the exchange rates applicable to the respective trip after the publication of the catalogue. The passenger will be notified of the declared changes in good time before a booking.

4.4 Package holidays and mini cruises must not be applied or used to create one-way bookings. Non-used sections of a holiday package trip cannot be used as a one-way ticket and will also not be reimbursed. If a section of a trip is not used, CL may charge the (higher) price for the remaining section which should have been paid for the separate booking of this transit as at the time of the booking.

5. Changes to services after the conclusion of an agreement
CL is entitled to make changes to essential travel services after the conclusion of an agreement if it does not do so in bad faith, to the extent that these changes are not substantial and do not affect the overall nature of the booked trip. CL will inform the passenger of major changes to services immediately it becomes aware of the reasons for the changes.

6. Changes to prices after the conclusion of an agreement, rights of the passenger
6.1 In the case of an actual subsequent increase in transport costs or charges for specific services which was not foreseeable at the time of conclusion of the agreement, such as harbour fees, or changes to the exchange rates applicable to the respective trip, CL reserves the right to change the agreed ticket price after the conclusion of the contract for travel to the extent to which the increase in these costs per person affects the ticket price, provided there are more than four months between the conclusion of the agreement and the agreed departure. The passenger will immediately be informed of any such changes. A price increase demanded from the 20th day before the agreed departure date is invalid.

6.2 In the case of a price increase of more than 5% of the ticket price or a significant change to an essential travel service in accordance with Section 5, the passenger is entitled to withdraw from the contract for travel at no charge, or to request participation in another trip which is at least equivalent in value if CL is able to offer such a trip from its range without additional costs for the passenger. The passenger must assert these rights against CL immediately upon receipt of CL's notification of the price increase or of the changes to the travel service respectively.

7. Cancellation by the passenger
7.1 The passenger may cancel the trip at any time before departure. In the interest of the passenger and to avoid misunderstanding, the cancellation should be made in writing (preservation of evidence). Notice of cancellation is effective from the date of receipt by CL.

7.2 If the passenger withdraws from the contract for travel for reasons for which CL is not responsible and which do not result from force majeure, CL is entitled to request reasonable fee for the travel arrangements that have been made and its expenses. The amount of this will be determined by the ticket price minus the value of the expenses usually saved by CL as well as of that which it could obtain by the possible typical, alternative use of the travel services. CL may request flat rate fee as a percentage of the ticket price based on the date of cancellation by the passenger:

7.2.1 For package holidays with hotel accommodation

• until 24 hours before departure: full reimbursement
• less than 24 hours before departure: 100 % of the hotel price
• after departure or no-show: 100 % of the travel price

7.2.2 For package holidays with holiday apartments/homes

• until the 31st day before departure: full reimbursement
• from the 30th to the 15th day before departure: 50 % of the hotel price
• from the 14th day before departure and non-appearance: 100 % of the hotel price
• after departure or no-show: 100 % of the travel price

7.2.3 For mini cruise “Economy”
The fee to be paid to CL corresponds to the ticket price at the economy tariff and will be retained in full.

7.2.4 For mini cruise “Flex”
Before departure no fee is due. The ticket price will be reimbursed in full. From the beginning of departure, a fee is due in the amount of the full price of the trip. This excludes the Oslo city tour “Silvester”, for which Point 7.2.1 applies.

The passenger is entitled at all times to present evidence that CL has not incurred damages or has only incurred damages in a substantially lower amount than that of the aforementioned fixed rates.

7.3 CL reserves the right to claim a higher, specifically calculated fee in place of the flat rates laid down in Section 7.2 and, in this case, will provide precise figures and documentation for the compensation requested taking account of saved expenses and any alternative use of the travel services.

8. Rebooking
8.1 Rebookings can take the form of changes to the departure date, destination, place of departure, the accommodation or type of transport. The passenger does not have a legal entitlement to make changes to bookings.

8.2 If nonetheless as far as is feasible changes are made to bookings at the request of the passenger, CL may request a fee in the form of a rebooking fee as follows:

8.2.2 For mini cruise “Economy”

In addition to a possibly higher ticket price, a handling charge of € 95.00 per change is payable. This must be paid without delay.

8.2.3 For mini cruise “Flex”
A booking may be changed at any time without incurring any obligation to pay a fee. The cost difference to a higher ticket price must be borne by the passenger.

The passenger is at liberty at all times to present evidence that CL has not incurred damages or has only incurred damages in a substantially lower amount than that of the respective flat rates.

9. Substitute passenger
Until the date of departure, the passenger may request that a substitute person assume the rights and obligations arising from the contract for travel on their behalf, and must notify CL of this person in good time beforehand. CL may object to the admission of this person if they do not meet the special travel requirements or their participation is opposed by statutory provisions or official orders. The substitute party entering the agreement and the original passenger will be jointly and severally liable to CL for the ticket price and all additional costs incurred by the admission of the third party. CL may request a fixed sum of € 30.00 for these additional costs. The original passenger and the substitute party are a liberty at all times to present evidence that CL has not incurred damages or has only incurred damages in a substantially lower amount than that of the flat rates.

10. Cancellation due to failure to obtain the minimum number of passengers
CL may withdraw from the agreement due to failure to obtain the minimum number of passengers if it has quantified this number in the respective travel description together with the date by which at the latest the notification must be submitted to the passenger before the contractually agreed date of departure, and if the booking confirmation clearly states the minimum number of passengers and the latest cancellation date and refers to the respective information in the travel description. A notice of cancellation must be sent to the passenger at the latest 40 days before the contractually agreed departure date. The passenger will be reimbursed for payments made against the ticket price.

11. Termination of the contract for travel by CL
CL may terminate the contract for travel without the obligation to adhere to a notice period if the execution of the trip is disrupted by the passenger for a long period despite a warning in this respect by CL, or if the passenger behaves contrary to the terms of the agreement to such an extent that a continuation of the contractual relationship until the agreed termination or to the end of a period of notice is unreasonable, or if the passenger commits any other serious violation of the agreement. In the case of such a termination, CL will retain the claim to the ticket price minus the amount of saved expenses and if applicable compensation from the service provider or similar benefits which CL obtains from the alternative usage of the services not used.

However, CL shall retain its claim to the ticket price. The disruptive person himself shall bear any additional expenses for return transport.

12. Termination of the contract for travel due to force majeure
If force majeure which was unforeseeable at the time of the conclusion of the agreement renders a trip considerably difficult, puts it at risk or adversely affects it, both the passenger and CL may terminate the agreement. CL may request reasonable compensation for travel services performed or still to be provided. CL must take the necessary measures for the return transport of the passenger, especially if the agreement covers return transport. Both parties shall bear half of the additional expenses for return transport. Otherwise the additional expenses must be borne by the passenger.

13. Obligation of the passenger to cooperate
13.1 The passenger must report any defects without delay to a CL employee or agent / contractual partner, or by calling the telephone number stated in the travel documents, and must request remedial action. If the passenger culpably fails to report a defect, the ticket price will not be reduced. CL may refuse the remedy if it requires disproportionate expense. CL may provide remedial action by performing an alternative service of the same or higher value.

In the event that a trip is substantially impaired by a defect and if CL does not provide remedial action within a reasonable period set by the passenger for such remedy, the latter may terminate the contract for travel within the framework of the statutory provisions, and is recommended to do so in writing. The setting of a deadline by the passenger is only not required if remedy is impossible or CL refuses to provide this, or if a termination of the agreement without notice is justified for a particular interest of the passenger.

13.2 The passenger is obliged to cooperate in the event of interruptions to the performance within the framework of statutory provisions, must avoid and/or limit damages and must notify the authorities / persons indicated in the travel documents.

13.3 The passenger must inform CL if they have not received their booking confirmation or if it contains incorrect information in respect of their details.

13.4 The passenger is himself responsible for arriving at the place of departure on time.

14. Liability and limitation of liability of CL
14.1 CL’s contractual liability for damages other than personal injury is limited to three times the ticket price per passenger per trip insofar as damage to the passenger has not been caused by gross negligence or if CL is responsible for damage incurred by the passenger due to the fault of a service provider. For all claims for damages against CL arising from unauthorised action which are not based on intent or gross negligence, liability for material damages is limited to three times the ticket price per passenger per trip. The limitation of liability mentioned does not apply to claims for loss of luggage according to the Montreal Convention.

14.2 CL is not liable for interruptions in performance or for personal and material damages related to services that are only provided as third-party services (e.g. optional offers by local agencies and providers, additional trips, guided tours, sport events, special events) if these services are explicitly labelled in the travel description and booking confirmation, along with information on the arranging contractual partner, in such a way that they are discernible to the passenger as not being part of the travel services by CL. However, CL is liable for services which comprise the transport of the passenger from the place of departure to the destination as advertised, intermediate transport during the trip and accommodation during the trip, as well as if and to the extent that damage incurred by the passenger has been caused by the breach of CL’s obligations of notification, disclosure or organisation.

15. Exclusion of claims, notification periods, limitation, prohibition of assignment
15.1 Warranty claims under a contract for travel must be asserted against CL within one month after the contractually provided termination of the trip by contacting the address stated below (Color Line GmbH, Norwegenkai, 24143 Kiel, Germany). After the expiry of the one-month period, passengers can only assert claims if they have been prevented from adhering to this period without this being their fault. Damage to luggage during a cruise as well as all other damages must be reported on the spot without delay in the form of a claim for damages to the competent ferry company. If damages are not reported without delay, ferry companies usually refuse to pay compensation.

In addition, loss or damage of luggage must be reported to the local tour manager or CL if warranty claims under a contract for travel are to be asserted.

15.2 Contractual claims of the passenger pursuant to Sections 651c to 651f German Civil Code for material and financial loss are barred by limitation within one year if the loss suffered by the passenger was not caused by gross negligence on the part of the operator nor by intent or gross negligence on the part of an agent or legal representative of the operator. The limitation period starts on the day on which the trip was supposed to end in accordance with the agreement. If negotiations are pending between the passenger and the tour operator about a claim or the circumstances causing the claim, the limitation shall be suspended until either the passenger or the tour operator refuses to continue the negotiations. The limitation period starts 3 months after the end of the suspension at the earliest. Claims arising from unauthorised action and all claims for compensation of personal injury are subject to the statutory limitation period.

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

16. Insurance
For the passenger's own security, we recommend taking out cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness, as well as travel accident and travel health insurance that provides cover abroad.

17. Transport of children and adolescents
17.1 Children and adolescents travelling alone

The transport of children and adolescents below the age of 18 is excluded. They can only travel in the company of a legal guardian / legal representative.

The minimum age for mini cruises is 20. It is possible to apply for exemption from the age limit. For this purpose, please use our application form: www.colorline.de/service/kontakt.

17.2 Children under the age of 18
Since 26 June 2012, entries of children in their parents’ passports have no longer been valid and no longer entitle the child to cross the border. Therefore all children must have their own travel document (from birth) for travelling abroad. Travel documents for children include child passports, passports and identity cards.

IMPORTANT: If a child is not travelling with its legal guardians, a declaration of consent by the legal representative(s) (legal guardians) must be carried together with a copy of the representative's identity card.

18. Boarding
KIEL – OSLO: Passengers arriving with their own vehicle should make this available no later than 120 minutes before departure. Passengers without a motor vehicle should arrive no later than 60 minutes before departure.

DENMARK – NORWAY: Passengers with and without a vehicle should arrive 60 minutes before departure at the latest.

Each motorist is responsible for parking their vehicle in the place assigned, securing it in the lowest gear with the handbrake applied and locking it properly.

19. Holiday apartments
All holiday homes must be left in a well-swept and clean state.

20. Travel documents
All passengers must have a valid identity card or passport, which must be presented on request. All vehicles must have a nationality plate. Passengers with a motor vehicle need a green insurance card and a licence. Vehicle users are recommended to contact their insurance company prior to departure in order to enquire about the latest regulations applicable to vehicles when travelling abroad.

21. Passport and visa requirements, health regulations
21.1 CL will inform citizens of a state of the European Union in which the trip is offered about passport and visa requirements and health formalities (e.g. vaccinations and certificates required by order of the police) that are necessary for the journey and their stay before the conclusion of an agreement and in the event of there being any changes before departure. Citizens of other states can ask for such information at the respective consulate.

Customers are themselves responsible for adherence to all regulations governing the implementation of the trip. All disadvantages arising from the lack of adherence to these regulations will be at the expense of the passenger, unless the tour operator has culpably failed to perform or inadequately performed its obligation of notification. In particular, customs and exchange regulations in foreign countries must be complied with.

21.2 Travellers are responsible for carrying the necessary travel documents and must ensure that their passport or identity card is valid to cover the trip. If the passenger has instructed the tour operator to apply for official documents on his or her behalf, such as a visa, CL will not assume any liability for these documents being issued in good time by the German or foreign authorities unless it has violated own obligations and is itself to blame for the delay. For the provisions on passports for children, please see 17.1.

22. Data protection
Personal data which the passenger provides to CL is processed electronically and used to the extent necessary for the conclusion, implementation or termination of the contract for travel with the passenger, and for looking after passengers. CL complies with the provisions of the German Federal Data Protection Act for the collection, processing and use of personal data.

Customers may access their saved data, obtain information on this, and have this changed or deleted at any time. Travellers may also object to the use or processing of their data for the purposes of advertising, market or opinion research by sending a message to servicecenter@colorline.de. Data is not transmitted to unauthorised third parties.

23. Final provisions
The entire contractual and legal relationship between the passenger and the tour operator is exclusively subject to German law. The ineffectiveness of individual provisions does not render the remaining contract for travel ineffective.

CL may sue the passenger at his or her place of residence. If the passenger is a business person or legal person under private or public law or a person whose place or residence or habitual residence is outside of Germany, or whose place or residence or habitual residence is unknown at the time action is brought, the place of jurisdiction is agreed to be Kiel, Germany.

Operator: Color Line AS Oslo, represented by Color Line GmbH Germany, Norwegenkai, D-24143 Kiel, Managing Director: Dirk Hundertmark

Email: servicecenter@colorline.de, Internet: www.colorline.de.

As of January 2018

Information according to Regulation (EC) No 392/2009 - liability of carriers of passengers by sea

Summary of the provisions on the rights of passengers in case of accidents at sea[1]

Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea is from 31 December 2012 in the countries of the European Union and the European Economic Area [2] application. It includes some provisions of the 1974 Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (as amended by the Protocol of 2002).

The Regulation applies to all carriers that carry out international transport, including transport between EU Member States and certain types of domestic movements provided

• the ship flies the flag of a Member State or is registered in a Member State, or
• the contract of carriage was made in a Member State, or
• departure and/ or destination lay in a Member State under the contract of carriage.

It regulates the liability of the carrier for passengers, their luggage and their vehicles and for mobility equipment in case of accidents.

This Regulation shall not prejudice the right of the carrier, their accident liability in accordance with the 1976 Convention on Limitation of Liability for Maritime Claims in the applicable and amended by the Protocol of 1996.

The term accident as defined in this Regulation refers to both "shipping incidents," [3] and other events occurring during the transport.

RIGHTS OF PASSENGERS

Entitled to compensation for death or personal injury
Shipping incident: the traveler is in any case entitled to compensation form the carrier or the insurer of the carrier up to the amount of 250 000 SDR[4], except in circumstances which are beyond the control of the carrier (e.g. act of war, natural disaster, act of a third party).  Maximum granted claims are in the amount of 400 000 SDR, unless the carrier proves that the result occurred without his fault.

Other event than a shipping incident: The traveler is entitled to compensation from the carrier or the insurer of the carrier up to an amount of 400 000 SDR, if he proves that the event is due to a fault of the carrier.

Entitled to compensation for loss of or damage to cabin luggage
Shipping incident: The traveler is entitled to compensation from the carrier up to the amount of 2 250 SDR, unless the carrier proves that the incident occurred without his fault.

Other event than a shipping incident: The traveler is entitled to compensation from the carrier or the insurer of the carrier up to the amount of 2 250 SDR, if he proves that the event is due to a fault of the carrier.

Entitled to compensation for loss of or damage of luggage other than cabin luggage
The traveler is entitled to compensation from the carrier up to the amount of 12 700 SDR (vehicles, including carried in or on the vehicle luggage) or 3375 SDRs (other luggage), unless the carrier proves that the event occurred without his fault.

Entitled to compensation for loss of or damage to valuables
The traveler shall only be entitled to compensation from the carrier up to the amount of 3375 SDR for loss of or damage to monies, negotiable securities, gold, silver, jewelry, ornaments and art objects when these have been deposited with the carrier for safe storage.

Claim of a passenger with reduced mobility of compensation for loss of or damage to mobility equipment or other specific equipment
Shipping incident: The traveler is entitled to compensation from the carrier according to the replacement or repair cost of the equipment, unless the carrier proves that the incident occurred without his fault.

Other event than a shipping incident: The traveler is entitled to compensation from the carrier according to the replacement or repair cost of the equipment concerned, if he proves that the event is due to a fault of the carrier.

Entitlement to an advance payment for a shipping incident
In case of death or injury to a passenger he or any other person entitled to receive a payment is entitled to an advanced payment to cover immediate economic needs. The advance payment shall be calculated on the basis of the damage, shall be made within 15 days and is at least € 21,000 in in case of death.

PROCESS & OTHER

Written claim
In case of damage to cabin luggage or other baggage, the traveler must indicate the damage to the carrier in time [1] in writing. If the traveler fails to do so, he loses his claim for damages.

Deadlines for the enforcement of passenger rights
In general, all claims for compensation must be made within two years to the competent court. The start of the limitation period may be different depending on the type of loss.

Exclusion of liabilities
The carrier's liability may be limited if he can prove that the death of or personal injury to a passenger or the loss of or damage to his luggage through the fault of the passenger himself was caused or contributed to by himself.

The limitations of the different amounts of damages shall not apply if it is proved that the damage resulted from an act of the carrier or an employee or agent of the carrier or of the performing carrier is due to committed either with intent to cause such damage, or in the knowledge was that such damage would probably result.

[1] Summary in accordance with Article 7 of Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea (OJ L 131, 28.5.2009, p.24).

[2] The Regulation applies after the decision of the EEA Joint Committee No 17/2011 (OJ L 171, 30.06.2011, p 15) in the EEA countries, after all relevant communications from the affected EEA countries are present.

[3] "Shipping incidents" in accordance with this regulation include Shipwreck, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect of the ship. All other events occurring during carriage shall apply for purposes of this summary as "other events".

[4] Loss or damage caused by an accident are calculated on the basis of "units of account"; These are "Special Drawing Rights" (SDRs) for the Member States of the International Monetary Fund (including all EU Member States). Information and rates for SDR can be found on the following website: http://www.imf.org/external/np/exr/facts/sdr.htm. On November 262012 was 1 SZR = 1,18 EUR.

[5] In case of apparent damage to cabin luggage, the claim must be done by the passenger before or at the time of disembarkation, for all other luggage, before or at the time at which it is being returned to them. When damage is not apparent or at loss of luggage, a written notification is due within fifteen days from the date of disembarkation or re-delivery (or - in case of loss - after the date on which the delivery should have planned to take place).