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Terms & Conditions

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1. YOUR CONTRACT PARTNER

1.1 The parties to the travel contract shall be the organiser and the passenger, acting for himself and/ or third  parties.  Any  third  parties  thus  benefiting shall be the fellow passengers,  hereinafter known as passengers.  The General  terms  and conditions set out below shall form the basis of the package travel contract and shall set out the content of the contract to be concluded between the passenger, acting as the applicant, and Inter-Connect GmbH, legally represented by Managing Director Regina Weinmann and Lothar Krins based in 80636 München,  Arnulfstrasse 31, Germany, registered at Munich Local Court under: HRB 90362, phone:
+49 (0)89 517030 (hereinafter referred  to as ICO) for the completion  of cruises and also with effect for the fellow passengers. ICO shall be an organiser in this respect in the sense of Sect. 651a of the German Civil Code [BGB]. ICO may also act as a retailer in individual cases, which requires clear, unmistakable  regulation.

1. 2 Services provided by other operators for which ICO acts as an agent without being party to the contract,  shall  be  regulated  by  their  contractual and General terms and conditions.

2. NON-BINDING RESERVATION  (OPTION BOOKING) AND CONTRACT FOR A CRUISE

2.1 On its websites www.pocruises.fr,   ICO   provides   the   passenger with an opportunity to indicate a nonbinding interest in booking a cruise before completing  a binding booking and, on the basis of the description of the cruise and if possible  on the basis of the booking  status  at the time  of registering  an interest, to select his cabins of choice (option booking). The provision of the option booking facility shall not constitute an offer from ICO to conclude a package travel contract nor an acceptance of an offer by the passenger.  If the cruise is not sold out at the time of the option booking and if the cabins of choice are available,  ICO shall reserve the cabins for a period of generally three calendar days (exception: Early Saver Fares) including the day of the option booking  after receiving  the indication of interest  from the passenger.  After receiving the option booking, the passenger shall receive a reservation confirmation by email showing the
reservation period.

2. 2 By registering  for a cruise, the passenger  makes  ICO  a binding  offer  to conclude  a travel  contract. The booking shall also be made for all the passengers  named  in  the  booking.  The  booking, the offer to conclude a contract, may be made in writing  or  electronically   (email,  internet).  In  the event  of an advance  option  booking  as described insect. 2.1, the booking takes place in the form of written confirmation of the option booking by the passenger  himself  or by a travel agency  engaged by the passenger.  The confirmation  must be made during normal ICO‘s business hours (Mon-Fri, 9 am to 6 pm).

2.3 The package travel contract shall exclusively come into force on receipt of the written travel confirmation/invoice from ICO by the passenger or the travel  agency  engaged  by him with effect  for all the fellow passengers named in the booking and on the basis of the description  set out in the travel catalogue/travel  description  in force at the time of the package  and these  General  terms  and conditions  which  the  passenger   hereby  accepts  both for  himself  and  all  the  fellow  passengers  named by him. The passenger  making  the booking  must take responsibility  for all the contract duties of his fellow passengers  and for his own. In the event of its not accepting  the travel  enquiry,  ICO shall  not be obliged to expressly declare its nonacceptance and/or to give reasons for its non-acceptance.

2.4 If the content of the travel confirmation  differs from the booking, this travel confirmation shall be regarded as a new offering to which ICO shall be bound for a period of 10 calendar days. The travel contract shall be concluded on the basis of this new offering if the passenger expressly or logically indicates his acceptance within the binding period (for example  by making  payment  or paying  a deposit on the cost of the package or starting the package). The passenger must be made aware of the difference. The prices quoted in the catalogue are guide prices for a cabin
occupied by two people.

2.5  Details  of  any  disability  must  be  provided  in the booking for any disabled  fellow passengers.  If a fellow passenger is pregnant at the start of the package,  the  passenger  must  notify  ICO  of  this in the booking and, up to the 23rd week of pregnancy, provide an upto-date clearance certificate from a doctor and also bring it to the check-in. Fellow passengers who reach the 24th week of their pregnancy  at  the  start  of  the  package  or  during the package  will be unable to travel. ICO reserves the right to refuse bookings if, in the view of ICO‘s medical adviser, the passenger or fellow passenger is not in a suitable physical or health condition  for the package.

2.6  Depending  on  availability,  guaranteed  cabins may be available on selected cruises. The passengers book the cruise at a fixed price for the selected category without a cabin number. The guaranteed cabin ensures that the passengers will at least be accommodated  in the booked category, or if this is no longer available, they will be accommodated  in a higher category. The passengers will be given the cabin number at the earliest on receipt of the travel documents, but at the latest during embarkation. Special wishes relating to the properties and position of the cabin or changes to the cabin number cannot be accepted.

3. SCOPE OF SERVICES

3.1 The travel services are set out in the description for the travel catalogue in the appropriate travel period and in the details on the travel confirmation which refer to this with the provision of all the information  and  notes  contained  therein.  The services provided by the organiser shall consist of transporting and accommodating the fellow passengers in the booked cabin on the cruise ship, full board during the cruise and port fees, all based on the travel description  in the catalogue  in addition to all the information  and notes contained  therein and  the  details  in  the  travel  confirmation   which refer to this. Side
agreements  or other different agreements  which change the package of contract services must be confirmed in writing by ICO.

3. 2 The offers  and details  relating  to the contract travel  services  in the catalogue  are correct  at the time of going to press and are generally binding for the organiser  unless  they  have  become  the basis for the package travel contract. However,  changes to the services are possible before the booking request by the passenger is received and ICO expressly  reserves  the right  to make  such  changes. ICO shall naturally notif y the passenger about these changes before the contract is concluded  in the option booking or by other suitable means.

3.3  The  package   in  particular   does  not  include flights  or other  feeder  services  from  the  passengers‘  home  to the  port  of embarkation  and  back from the port of disembarkation,  or hotel bookings before  or after  the  cruise  unless  the  services  are part of the contract service described in the brochure/catalogue  and have been confirmed. If the services  are  not  part  of  the  catalogue   offering, the  passenger  may  compile  such  services  to  suit his requirements.  They shall be confirmed  by ICO as additional services and shall therefore become part of the package  travel  contract.  If this results in special provisions for the passenger, he must be notified of this if the general terms and conditions of other service providers must be included. Arrival packages can also be provided on request. The General terms and conditions of these organisers or service providers shall then apply to the services.

3.4 In the event of contradictions, the travel confirmation shall take precedence. The package also includes the use of onboard equipment which does not attract a separate charge. Third-party services which  have  only  been  brokered  such  as  excursions,  sporting  or cultural  events,  etc. are not part of the package if these services are expressly and unmistakably  marked  as third  party  services  and are shown with the name of the brokered service provider.

3.5 The travel documents must be sent to the passenger  or  the  travel  agency  engaged  by  him at least 7 days before the start of the package on condition  that  the  cost  of  the  package  has  been paid  in  full.  If the  documents  have  unexpectedly not arrived, the passenger must contact the travel agency engaged by him as a matter of urgency or contact ICO for clarification.

4. PAYMENT

4.1  The  passenger‘s   payments   for  the  package travel contract under Sect. 651a BGB must be safeguarded as described in Sect. 651r of the BGB together  with  Sect.  252  of  the  Introductory  Law to the BGB [EGBGB]. This safeguarding must be conducted carefully by ICO. The safeguarding certificate  for the cost of the package  shall be given to the passenger with the confirmation for the services which are covered by the package travel contract with ICO. For brokered travel services, ICO has a duty to check the validity of the safeguarding certificate before issuing it. If ICO acts as a retailer by accepting  deposit  payments  from  the passenger, the customer‘s money safeguard is tourVERS Touristik-Versicherungs-
Service GmbH, Borsteler Chaussee   51,  22453   Hamburg,   phone:   040 -24 4 288 0.

4. 2  The  passenger   who  completed   the  booking shall  be  obliged  to  make  payment,   even  if  the booking included other fellow passengers. The passenger  shall  be  liable  for  paying  the  cost  of the package invoiced to him, even if it includes the shares of the other fellow passengers. On receipt of the written travel confirmation  and the issue of the safeguarding  certificate,  the  passenger  must  pay a deposit of 20 % of the cost of the package per person. If, in addition  to the cruise, the passenger has booked an additional package of other services such as travelling to the port of embarkation,  hotel accommodation  and travelling  back from the port of disembarkation, other deposits may be due for these services.

4.3 In general the remaining payment by the passenger must be made at least 6 weeks before the start of the package  without  a further  request  as long as the safeguarding  certificate has been issued. The cost of the package may be paid by bank transfer or credit card (for example Mastercard or Visa). If payment is made by American Express or a company credit card, a processing  fee of 1% of the total cost of the package shall be charged in addition to the cost of the package. The credit card shall be debited on the due date shown in the invoice. Travel agencies can also make payment using a payment order for direct debits.

4.4 A travel booking  made 42 days or less before the start of the package shall only be accepted on condition that the entire cost of the package is due immediately  on receipt  of the travel  confirmation and safeguarding certificate and this is secured during the booking procedure by a payment order for direct debits or a credit card payment.

4.5 If the invoiced cost of the package is not received promptly,  and if payment  is not made after a reminder with a deadline, ICO shall be entitled to cancel  the contract.  In this case,  ICO shall  charge the cancellation costs set out in number 8.1.

5. CHANGES TO SERVICES

5.1 In the role of organiser, ICO shall be entitled to amend  and  adjust  contract  provisions  as long  as the amendment  is not major. This shall particularly apply to amendments  to cruising  times and times in port and routes. These shall be permitted if they are required because, for example, they are based on  official  instructions,   for  security   reasons   for the  passengers  and  ship‘s  crew  and/or  required due to unavoidable, extraordinary circumstances, weather conditions or security considerations  and/ or to avoid  danger.  The captain  in charge  for the ship shall be solely responsible  for such decisions. It shall also be permitted to change an airline which has not been assured. The same shall apply to outward and return flight times. If, in exceptional circumstances, ICO has confirmed a cabin number before the cruise, it is not normally possible to take change requests from the passenger into account once cabins been allocated. For organisational reasons, ICO shall be entitled to change allocated cabins if the change involves cabins of the same category and is reasonable. In one of the cases described  above,  ICO  shall  notify  the  passenger of the  change  before  the  start  of the  package  in a  clear,  comprehensible   and  prominent   manner using a permanent data medium (electronic or in paper form).

5. 2 In the role of organiser,  ICO shall also be entitled to amend and adjust contract provisions which result in a significant/major  change. In this case, before the start of the package,  ICO shall be entitled to offer the passenger  a contract amendment or the option of undertaking  a substitute package. The passenger shall then be entitled to cancel the booked package without payment of any compensation or to accept contract amendment  offer.

5.3 If the amended  services themselves  are defective, the passenger‘s warranty claims shall not be affected.

5.4 If the passenger  starts a package  after he has been notified by the organiser of the need to change the entire nature of the package, the passenger shall  not be entitled  to terminate  the travel  contract on the basis of the change  after the package has started.

6. PRICE CHANGES

6.1 The cost of the package per person specified in the catalogue generally relates to a cabin occupied by two people and are guide prices. The current prices can be viewed  in the form of daily rates on the ICO websites www.pocruises.fr,  or  can  be  supplied  by  talking to a travel  agency.  The provisions  set out in sect. 2.4 shall apply. The prices for additional  packages for travel to and from the ports or special arrangements   shall  become   binding   on  confirmation with the provisos set out in sect. 1 and 4. They shall become an integral part of the package travel contract.  This  shall  not  apply  to  additional  brokered third party services.

7. PERSONAL  REQUIREMENTS / CONTRACT TERMINATION  BY THE ORGANISER

7.1 The passenger shall offer the assurance that all passengers  are fit to travel. ICO shall be entitled to demand a medical certificate from the passenger confirming fitness to travel.

7. 2 People under the age of 18 may only join a cruise if accompanied  by an adult of 18 years or older.

7.3 ICO cannot provide medical care for children under the age of six months/one  year, depending on the itinerary.  These children  may therefore  not join the cruise.

7.4  Pregnant  women  who  are  24  or  more  weeks into their pregnancy  shall not be permitted  to join the cruise. If a person verifiably did not realise she was pregnant at the time of booking and is unable to join the cruise because at the start of the cruise or during the cruise she will be 24 weeks pregnant, the passenger may cancel the travel contract before the start of the package. The cancellation  provisions set out in sect. 8. 2 shall apply.

7.5 A disability  or a health  condition  which  requires care and/or treatment must be notified when requesting the reservation. ICO cannot accept any responsibility  for required  care and/or  treatment, and it therefore recommends that a passenger suffering  from such a condition  should travel with a responsible  person  if necessary.  The cruise may be  refused  or  cut  short  for  people  whose  health or physical condition, in the view of the shipping company, makes them unfit to travel or whose condition constitutes  a danger to themselves  or other passengers.

7.6 ICO may give notice to terminate the travel contract if the passenger commits criminal offences, in particular if he fails to obey national regulations or bans relating to weapons or drug possession and violence.

7.7 If the mental or physical condition of a passenger, in the opinion of ICO‘s medical advisers, means that they cannot travel or continue to travel because the passenger is unfit or constitutes a danger to himself  or  others,  ICO  may  refuse  to  continue  to carry the passenger  or terminate  passenger‘s 
cruise. In these cases, ICO shall not accept liability for any additional costs incurred as a result. The same shall  apply  in cases  in which  the passenger  does not bring a required responsible  person as described insect. 7.5.

7.8 In the cases  of cruises,  the captain  is responsible for the ship and crew. He bears sole responsibility for the nautical management of the ship, for guaranteeing safety and for compliance with the ship‘s  rules  and  regulations  and  shall  be  entitled in this respect to eject a passenger  from on board without being liable for any compensation. This authority applies even if, in the judgement of the captain, one of the situations described in sect. 7.5 to 7.7 arises.

7.9 ICO may terminate the package travel contract without notice if the customer has booked giving incorrect details about himself, his address and/or his identification  document.

7.10 If the customer breaches his contract duty to send ICO the requisite passport details before departure for forwarding to the relevant immigration authorities, ICO shall not accept any liability for the prompt issue and receipt of required visas or other travel  documents  if  the  passenger  has  engaged ICO with obtaining  them,  unless  ICO has committed a breach of duty. In these cases, ICO shall be entitled to refuse to carry or continue to carry the passenger without any obligation to pay compensation and demand the cancellation fees described insect. 8. 2.

7.11  If a package  travel  contract  is terminated  for the above reasons and ICO refuses to continue to carry a passenger,  ICO shall retain  its right to the cost of the package. However,  ICO shall set off the value of saved expenses and the benefits which it enjoys as a result of being able to use the services not used by the passenger elsewhere. ICO shall not accept liability for any additional costs incurred by the  customer.  In  particular,  the  passenger  must pay the additional costs incurred for him or his fellow passengers  for the return journey to his home. The passenger should check whether additional health  insurance  is required.  We recommend  that you take out an insurance policy to cover the costs of support  including  return transport  in the event of an accident, illness or death.

8. CONTRACT TERMINATION  BY THE PASSENGER BEFORE THE START OF THE PACKAGE (CANCELLATION) AND CANCELLATION FEES

8.1 The  passenger  may  cancel  the travel  contract at any time before the start and also cancel for any fellow passengers for whom he has booked. This cancellation shall only apply to the services of the package travel contract including the additional package relating to additionally or separately booked services if they have become an integral part of the package travel contract or are closely related to it, in other  words, for example, for brokered travel packages to the port of embarkation  and from the port of disembarkation.  If the cancellation  only refers to the package travel contract and not to brokered  travel  services,  the passenger  must specify and declare this. The passenger should generally make the cancellation in writing for verification purposes. The passenger undertakes  to return any travel documents already issued to him. Failure to start the package shall generally be treated in the same  way  as  cancellation.  The  cancellation  time shall be determined  by the receipt of the cancellation declaration  by ICO if the package was booked directly with ICO. If the package was booked and other services brokered through a travel agency, it shall be sufficient to declare the cancellation  to the agency, otherwise the cancellation must be completed separately.

8. 2  ICO  shall  be  entitled  to  demand  reasonable compensation  taking into account its saved expenses and the possible benefits it may enjoy by being able to use the travel services elsewhere. Instead of having to verify its expenses,  ICO shall be entitled to charge a cancellation fee which (unless a substitute passenger is provided) shall be calculated as follows  for each cancelled  passenger  on the basis of the relevant cost of the package.

For cancellation

• Of a fixed booking up to 91 days before
the start of the package: 15 % of the price of the cruise

• From the 90th day to the 57th day before the start of the package: 50 % of the price of the cruise

• From the 56th day to the 42th day before the start of the package: 60 % of the price of the cruise

• From the 41th day to the 16th day before the start of the package: 75 % of the price of the cruise

• From the 15th day to the 6th day before the start of the package: 90 % of the price of the cruise

• From the 5th day before the start of the package: 95% of the price of the cruise

(Price of the cruise = cruise fare including taxes & port fees)

The customer shall be entitled to provide evidence to ICO that it did not suffer any damage or did not suffer  the  amount  of  damage  claimed.  ICO  shall be entitled to demand calculated compensation rather than the cancellation  fees if said compensation can be quantified and verified.

8.3 If a booking is made using offer prices, cancellation fees other than those set out insect. 8. 2 may apply depending on the relevant offer. The travel agency shall provide information on these different conditions and shall issue the passenger with the terms and conditions of travel for the offer prices before the package travel contract is concluded.

8.4 We urgently recommend taking out package cancellation insurance.

8.5 If, in addition to the cruise, the passenger has booked an additional package of services, such as travel to the port of embarkation,  hotel accommodation, travel from the port of disembarkation,  etc. the cancellation fees for the cruise mentioned above shall be increased in the event of cancellation by the cancellation  fees charged  by the providers  of the additional services.ICO shall charge the cancellation costs invoiced to it by these service providers to the passenger.  These cancellation  costs may be of varying levels. Your attention is hereby drawn to this situation.  Before  booking  additional  services, the travel agency shall provide the passenger with the terms and conditions of travel of the various service providers.

8.6 If one  or more  people  from  a multibed  cabin (2 or more people) no longer wish to travel (cancellation), the entire cabin must be cancelled, together with any new booking for the remaining passengers.  ICO shall set off any expenses it saves by being able to use the services for the original package elsewhere.

9. UNAVOIDABLE,  EXTRAORDINARY CIRCUMSTANCES

9.1 If ICO is prevented from organising the package before its start as a result of unavoidable,  extraordinary  circumstances  which  were not foreseeable at the time of the contract conclusion, either the passenger   or  ICO  may  cancel  the  contract.  ICO must declare  the cancellation  immediately  af ter it becomes aware of the reason for cancellation. The party declaring the cancellation  shall bear the
burden of evidence and proof for assuming the unavoidable, extraordinary  circumstances.

9. 2 In the event of unavoidable,  extraordinary  circumstances at the destination or in its immediate vicinity, ICO shall lose any claim to the cost of travel. ICO must repay the cost of travel already paid at the time of cancellation at the latest 14 days af ter cancellation.

9.3 If a case of unavoidable,  extraordinary  circumstances  may apply,  ICO shall  be obliged  to notif y the passenger of all the objective dangers. In this respect, ICO shall have a duty of investigation  and information so that the passenger may consider terminating the contract himself.

10. WARRANTY (REDRESS, REDUTION AND TERMINATION)  AND TATUTE OF LIMITATIONS

10.1 If the package is not provided  or not provided as per the contract, the passenger may demand redress. ICO may refuse to provide redress if it is impossible or requires disproportionate  cost.

10. 2 If the package is significantly  adversely  affected due to a defect, and if ICO does not provide redress within a reasonable deadline set by the passenger, the passenger may give notice to terminate the travel contract on the basis of the statutory  regulations.  The  demand  for  redress  must be addressed  to the reception  on the cruise  ship. If, in addition to the cruise, transfer and/or flight and/or hotel services  have also been booked,  and if ICO is the organiser  and not just the retailer  for the services (see Sect. 3.3), the demand for redress in the event of a significant adverse effect to the package due to a defect in the services must be addressed either to the local service provider or to ICO. A deadline for redress is not required if the redress is impossible or the redress is refused by ICO or the Princess Cruises tour guide or if the immediate termination  of the contract is justified due to a special interest on the part of the passenger.  We recommend  that termination  is given in writing for evidence purposes. ICO shall be entitled to provide redress in the form of an identical or higher value replacement service as long as it is reasonable to expect the passenger to accept it.

10.3 In the event that the package has a defect, the passenger  may demand a reduction  of the cost of the package. To maintain his claim, the passenger must  report  the  defect  without  delay  (in  other words  without  culpable  delay)  af ter  it  has  been discovered  to the persons  named  in Sect.  10. 2 to demand redress.

10.4 Claims  based on travel services  not provided as per the contract  (Sect.  651i to 651n BGB) must be lodged immediately on site and shall become statutebarred   in  two  years  af ter  the  end  of  the package.  We recommend  that the claim is lodged in writing for evidence purposes.  We would like to point out that the tour guide, retailer (travel agency) and individual service providers are not entitled to accept claims by the passenger  against ICO, re- gardless of their legal basis.

10.5  Claims  on  the  part  of  the  passenger  based on  illegal  actions  shall  become  statutebarred   in three years. The start of the statute  of limitations for claims for illegal actions shall be based on the statutory regulations.

11. TRANSFER OF CONTRACT/INVOICING  OF ADDITIONAL  COSTS/UNUSED SERVICES

11.1  If  a  substitute  is  named,  ICO  may  invoice  its actual, verified and reasonable additional administration costs, including the additional costs incurred in individual cases from other service providers (flights and hotel) in individual cases. For a change of name, ICO shall be entitled to charge a processing fee of 50€ to cover its additional costs. The  nomination  of a substitute  by the  passenger must take place on a permanent data medium and shall be possible  until at the latest 14 days before the start of the package. If a change of this type is required af ter this time, the package must be cancelled. In this case, the cancellation  fees described in sect. 8. 2 shall be charged.  ICO shall be entitled to reject  a third  party  if this person  does  not satisf y the package requirements  in the contract. If a third party enters into the package travel contract, he and the passenger shall be jointly and severally liable to ICO for the cost of the package and the addtional costs incurred by his entry.

11. 2 After concluding  the travel  contract,  the passenger shall not be entitled to make any amendments relating to the date of the package, the ship, the  start  of the  package  (flight),  accommodation or type of transport (for example change of cabin category, change of departure point, etc.). In general, rebooking on a different package shall be treated as a cancellation and new booking. If the passenger wishes to rebook on a different package, he should ask ICO whether it is able to grant his request. Rebookings shall be possible only if a special offer  (for example  early  bookings  or lastminute) has not been booked and if the rebooking is for a package which starts within 12 months (six months for world cruises and segments  thereof) from the start  of the original  package  and  is more  expensive. Rebookings  may only be made up to 91 days before the departure date and shall only be allowed once. A processing fee of 220€ plus any additional costs for the airline and/or hotels shall be charged for the rebooking.  Changes af ter the 91th day before the start of the package and changes for the purpose of reducing the price shall only be possible af ter  the  package  travel  contract  has  first  been cancelled. The cancellation fees (see sect. 8. 2) shall then be payable.

11.3 If the passenger  does not use certain package services which were correctly offered to him for reasons  which  are his responsibility  (for example due to early return  travel or for other unavoidable reasons), he shall not be entitled to any partial reimbursement of the cost of the package. ICO shall strive to obtain reimbursement of the saved costs from the service provider. This duty shall not be applicable if the services are completely insignificant or if such reimbursement  is impossible due to statutory or official regulations.

12. CAREPROVISIONS,  PASSPORT, VISA AND HEALTH PROVISIONS

12.1 ICO shall notif y the passenger  before the contract  is  concluded  about  the  passport,  visa  and health regulations of the country of destination including approximate deadlines for obtaining visas and for their possible amendment  before the start of the package. If the organiser or retailer fulfils its duty of information correctly, the passenger must comply with all the requirements  for the package.

12. 2 If difficulties  occur, for example  due to an inability to satisfy personal  requirements  caused by the actions of the passenger, the passenger cannot cancel the contract free of charge or use individual travel services without consequences.  In these cases, the provisions  in sect. 8.1 and 8. 2 shall apply as and where appropriate. The passenger shall be responsible for obtaining and carrying all travel documents required by the authorities, any vaccinations which are required and for complying with duty and currency regulations. Any adverse effects resulting from a failure to comply with these regulations, for example the payment of cancellation costs,  shall  be borne  by the passenger.  This shall not apply if ICO provided  no, inadequate  or incorrect information.

12.3 The EU Regulation on informing air transport passengers  of the identity of the operating air carrier (EU Regulation  2111/05)  obliges  ICO to notify the passenger of the identity of the operating air carrier(s) for all flights to be provided as part of the booked package at the time of booking. If an operating air carrier has not been defined at the time of booking,  ICO  shall  provide  the passenger  with the name of the air carrier or air carriers which is/ are likely to operate the flight. ICO shall notify the passenger as soon as ICO discovers the air carrier which will actually operate the flight. If the operating air carrier specified to the passenger changes, ICO must notif y the passenger  of the change.  The list of air carriers which must not be used under EU law, is available on the website at https://ec.euro- pa.eu/transport/modes/air/safety/airban _de.

12.4 ICO urgently recommends  taking out for travel cancellation insurance when the booking is made since  this insurance  is not included  in the cost  of the package.

13. LIABILITY

13.1  ICO  shall  accept  liability  on  the  basis  of  the duty of care of a diligent businessman for the conscientious preparation of the package and the careful selection and monitoring of service providers, ensuring that the descriptions of all the travel services in the brochure are correct and the travel services agreed in the contract, taking into account the current regulations in the relevant destination country and town.

13. 2 ICO‘s  liability  for compensation  claims  which are not related to physical damage and were not caused  culpably,  shall  be  limited  overall  to  three times the cost of the package as described in Sect. 651p BGB. This limitation of liability shall apply to each passenger and package.

13.3 a) If ICO holds the position of a contracted  air carrier,  the liability  of the operator  shall be based on the appropriate  regulations  of the Civil Aviation Law, the Warsaw Convention in its current and applicable version of The Hague or the Montreal Convention.

b) If ICO holds the position of a contracted shipping company, the applicable special international conventions or regulations based on them, including national law, shall apply.

c) ICO shall not accept any liability  for damage  or loss of travel gear through thef t or other misplacement outside the ship. This shall not apply if such losses are caused by malicious or grossly negligent action on the part of ICO. ICO shall accept liability under the statutory regulations for damage or loss of cabin luggage.

13.4 ICO‘s liability shall be excluded or limited if, on the basis of international conventions or statutory regulations based on such conventions,  it is acceptable for service providers to limit their liability for the services they are to provide or their liability is excluded.

13.5 ICO shall not accept liability for problems with the services, personal injury and property damage relating  to services  which  are third party services and which ICO has only brokered (for example excursions, transport services to and from the specified  starting  and  destination  places,  etc.)  if these services are expressly shown in the travel description and the booking confirmation as third party services  and the name of the contract  partner is shown.

13.6 ICO shall not accept liability for costs incurred by the passenger  by his late arrival  at the ship  if ICO was not contractually responsible for transporting  him  to the ship.  This  shall  apply  to ports of embarkation  and for ports visited en route if the passenger undertakes land excursions at his own responsiblity. The captain is not obliged to wait for late
passengers.

13.7 ICO shall not accept  liability  for errors  during the booking process which were the responsibility of the passenger or were caused by unavoidable, extraordinary circumstances. ICO shall not accept liability for details in the travel descriptions of third parties,  for  example  travel  agencies,  where  ICO has  no  influence  on  their  wording  and  is  unable to check whether they are correct. Travel agencies and other service providers are not authorised to issue  assurances  or  enter  agreements  on  behalf of ICO which are not in line with the details in catalogues  or travel  descriptions,  which  go beyond the  reservation  confirmation,  contradict  it  or  change the confirmed  content  of the package  travel contract.

13.8 The passenger shall be entitled to compensation for the damages  it suffers  due to a technical error in the booking system of ICO unless ICO was not responsible for the error.

14. DATA PROTECTION

14.1 The personal  data provided  by the passenger will be processed electronically and used were required to execute the contract. Personal data comprise  the  information  relating  to  the  identity of a person  such  as name,  address,  date  of birth or email  address.  Usage  data  are  data  which  are not actively provided but which can be collected passively, for example when using a website or the online offering.

14. 2 ICO  shall  collect,  process,  save  and  use  data relating to the passenger only for the purpose of executing the travel contract. These data shall only be disclosed  as required  to complete  the booking to the companies included in the fulfilment of the package  travel  contract.  On  request,  information will be provided  as to what personal  data relating to the customer have been saved. The data shall be deleted as soon as they are no longer required to achieve the purpose for which they were collected.

15. CONCLUDING  PROVISIONS

15.1 All details in this brochure were correct at the time  of  going  to  press  and  are 
nonbinding.  We cannot accept liability for
printing and calculation errors.

15. 2 Individually  agreed contract provisions,  which are supplemented  by these general terms of travel and payment,  shall take precedence.  If neither the contract nor these general terms of business  contain a provision, the statutory regulations  shall apply, particularly the law concerning package travel contracts and including Sect. 250 EGBGB.

15.3  German  law  shall  apply  to  the  contract  between  the  passenger  and  ICO  and  the  rights  and duties which result from it. If the passenger is a consumer,  however,  he may quote the regulations of the country in which he normally resides which provide him with protection and from which the contract must not differ if the business activities conducted by ICO are expressly directed at this country.

15.4 The place of jurisdiction  for all legal disputes shall be Munich as long as this is allowed.

15.5 In the event that a provision in these general terms  of  business  is invalid,  the  other  provisions shall remain valid. In this case, an invalid provision must be replaced by a legal provision which comes as close as possible  to the commercial  purpose  of the provision that was desired.

15.6 The current version of the general terms of business shall be an integral part of the package travel contract.

P& O Cruises
Repesentaion for Germany and Austria
 

GSA Inter-Connect GmbH
Arnulfstraße 31 · 80636 Munich · 
Allemage

Germany:

Tél:          +49 - (0)89 / 517 03 - 500

Fax:        +49 - (0)89 / 517 03 -120

e-mail:   info@pocruises.de

Internet:               www.pocruises.fr

Errors and omissions excepted