Terms and Conditions

General terms and conditions

General terms and conditions

Terms and conditions

The terms and conditions are the foundation of the contact between Cruisopolis s.a. and the client regarding the packaged holidays offered in this catalogue. This contract is established according to the law of 25.04.2018, which considers the changes in the “Code de la Consommation” to implement the European directive (UE) 2015/2302 of the European Parliament and the European Council in relation to packaged holidays and the related travel services.

(legilux.public.lu/eli/etat/leg/loi/2018/04/25/a308/jo).

The subject matter of the travel contract concluded between the tour operator and the customer is also the information, descriptions and conditions of this catalogue as well as possible changes which are communicated to the customer by his travel agency. The tour operator is not liable for texts, descriptions, brochures, leaflets and promotional offers of third parties, such as hotel owners and/or local tourist organisations. All voyages offered by Cruisopolis are additionally subject to the general travel conditions of the tour operators and shipping companies concerned, which are also known to the customer and which he expressly accepts.

The registration for a voyage is part of the contract and implies the acceptance of the travel conditions and the obligation to follow them. The special requirements of the traveller, which are accepted by the organiser, must be in writing to be valid. Furthermore, the travel conditions also apply to special programmes not included in this publication, subject to the special conditions in this regard.

 

I. Reservation, travel contract and travel documents

By booking, the customer bindingly acknowledges the General Terms and Conditions of Travel, the prices and programs based on publications and corrections which he has read and accepted and which the tour operator and/or the arranging travel agency has submitted to him before the conclusion of the final travel contract. 

 

1. The booking and the deposit

The booking can be made in writing, orally or by telephone and is only binding for the tour operator and the buyer when a written confirmation with an indication of the price has been issued. When booking a voyage, a deposit must be paid, no later than 7 days after receiving the travel confirmation.

Unless expressly stated otherwise, the deposit is 30% of the total price (min. € 175, -). In case of last-minute bookings, i.e. less than 21 days before the start of the voyage, the total amount must be paid immediately. Should the applicant register other participants for the same voyage, he/she is liable for their contractual obligations as well as for his/her own obligations, all information about the participating people, such as names, age of the children, and he/she guarantees timely payment for the services he/she has provided for him/herself and the other participants. If he/she gives false information, which will lead to additional costs for the organiser and/or the travel agency, these costs can be charged to the customer.

 

2. The travel contract and the travel documents

After booking, the participant will receive a written travel contract with a price indication and the payments to be made.

About one week before the start of the voyage, each participant will receive a schedule with the respective departure points and times and a detailed itinerary with the latest important and useful information.

The travel confirmation serves as a travel document. Ship tickets and, if necessary, flight tickets, hotel vouchers or others will be handed out by the tour guide at the beginning of the voyage. Individual travellers (without a Cruisopolis tour guide) will receive their travel documents (ship ticket, flight ticket, hotel voucher) at the travel agency one week before departure.

 

II. The price of the voyage incl. payment modalities

1. Our prices only include those services that are expressly mentioned in the catalogue as included in each voyage ("Included in the price").

2. Price variation clause

The contractually agreed prices are binding. However, in accordance with article L 225-8 of the "Code de la Consommation", the organiser has the right to change the price in the event of a subsequent increase or decrease in the following costs:

(a) Transport costs and fuel costs;

(b) fees and charges relating to the services provided, such as airport-, port- and security-charges;

c) exchange rates applied to the respective voyage or stay

Should such price increases amount to more than 8 % of the total price, the customer is entitled to cancel the travel contract without charges and must inform the tour operator of this decision immediately and in writing. From the 20th day before departure no price increases are allowed.

Since the package contract foresees the possibility of an increase in price, the traveller is entitled to a reduction in price corresponding to a reduction in the costs referred to in points (a), (b) and (c) after the conclusion of the contract and until 20 days before the start of the journey. In this case, the organiser shall be entitled to deduct his actual administrative costs from the reimbursement of the price of the journey. 

Children discount, unless they are specified, are always on request.

All payments must be made to one of the accounts printed on the booking confirmation. The balance is generally due 6 weeks before departure, but in the case of various shipping companies, it is due 3-6 months before departure. The due date is noted on the travel contract. If you pay by bank transfer, please make sure to note your transaction number on the payment form (virement). 

 

III. Services

All information in this travel brochure corresponds to the status of the publication. We reserve the right to make any necessary changes to services and prices, as well as to correct errors, printing and calculation errors. The service description in our publications, as well as the final indications of the travel contract, are the basis of the contractual agreement between the buyer and the tour operator.

Changes can be made before the conclusion of the contract, of which the buyer will of course be informed before booking. Additional agreements, special arrangements and additional requests must be included in the travel confirmation, otherwise they are not binding for the tour operator. 

 

IV. Program changes, cancellations by the tour operator

Minor program changes are reserved for the tour operator. 

 

Before departure

If the tour operator changes or cancels the voyage substantially within 3 days after the announcement of the change before the agreed day of departure due to external circumstances beyond his control, the customer has the following options:

a) to cancel the contract within the next 7 days free of charge. The organiser will refund the customer the payments already made within the next 14 days after the announcement of the cancellation.

b) accept the amended contract and the associated price differences.

c) to participate in another package voyage of at least equal or higher value, if the tour operator is able to offer such a voyage from his range of products without additional charge to the customer. The customer has to assert these rights immediately after the tour operator's declaration to the customer. If the offered package voyage is of lower quality, the tour operator shall reimburse the customer for the difference in price.

d) The buyer has no right to compensation if the contract is dissolved before departure due to the following reasons:

- If the minimum number of participants is not reached, the tour operator may cancel the travel contract. Such a cancellation may not be made later than 21 days before the departure date. The buyer must be informed of the cancellation in written form.

- If the cancellation is due to force majeure, i.e. abnormal, unforeseeable events that could not be prevented despite all conscientiousness, e.g. due to low or high tide on river cruises, political unrest or natural disasters in the destination area. Refunds will be made within 14 days.

 

After departure

If, after departure, an essential contractual service can no longer be provided, the tour operator is obliged to offer at least an equivalent replacement service. This substitute service is not to be provided if it is demonstrably impossible for the tour operator.

In the case of a higher quality service, this will be offered to the buyer at no extra charge, in the case of a lower quality service, the price difference between the intended and the provided service will be refunded. In case of impossibility for the tour operator to offer a substitute service, or if the buyer does not accept the offered substitute service for valid reasons, the tour operator is obliged to provide the buyer on request with the necessary transport documents for his return, without prejudice to the buyer's possible rights to compensation.

Each shipping company reserves the right to change the itinerary and shore excursion programs, see travel regulations of the different shipping companies. If a river cruise route cannot be taken due to low or high water, the failure of sluices or other circumstances affecting navigation, the shipping company reserves the right to transport the guests on this route by bus, in some cases it may be necessary to change to another ship. 

 

V. Contract termination, withdrawal or changes by the client,

The customer may have himself replaced by a third party before the start of the journey, provided that the third party meets all the special travel requirements of the shipping companies. The assignor and the assignee are jointly and severally liable to the travel agency for payment of the balance and the additional costs arising from the assignment, which will be charged in addition to the rebooking fees of the shipping company with a handling fee of at least € 100,- per person.

In case of cancellation of a booked cruise, the following cancellation costs will be charged by the shipping companies. Unless expressly stated otherwise, the following cancellation costs apply: 

 

AIDA

  • Cancellations up to 50 days before departure: 20 %
  • Cancellations between the 49th and 30th day before departure: 35 %
  • Cancellations between the 29th and 22nd day before departure: 45 %
  • Cancellations between the 21st and 15th day before departure: 80 %
  • Cancellations from the 14th day onwards and in case of no-show: 100 %

 

A-ROSA Flussschiff GmbH

  • Cancellations up to 31 days before departure: 30 %.
  • Cancellations between the 30th and 25th day before departure: 45 %
  • Cancellations between the 24th and 18th day before departure: 55 %
  • Cancellations between the 17th and 11th day before departure: 65 %
  • Cancellations from the 10th day onwards and in case of no-show: 100 % 

 

Costa Crociere

  • Cancellations up to 45 days before departure: 15%
  • Cancellations between the 44th and 30th day before departure: 35 %
  • Cancellations between the 29th and 15th day before departure: 60 %
  • Cancellations from the 14th day onwards and in case of no-show: 100% 

 

Celebrity Cruises

  • Cancellations up to 61 days before departure: 15 %
  • Cancellations between the 60th and 31st day before departure: 50 %
  • Cancellations between the 30th and 17th day before departure: 80 %
  • Cancellations from the 16th day onwards and in case of no-show: 100 %

 

Klug Touristik GmbH

  • Cancellations up to 90 days before departure: 20 %
  • Cancellations between the 89th and 60th day before departure: 35 %
  • Cancellations between the 59th and 40th day before departure: 50 %
  • Cancellations between the 39th and 16th day before departure: 80 %
  • Cancellations from the 15th day onwards and in case of no-show: 100 %

 

NCL Cruises

  • Cancellations up to the 120th day before departure: 25 %
  • Cancellations between the 119th and 106th day before departure: 50 %
  • Cancellations between the 105th and 91st day before the start of the trip: 60 %
  • Cancellations between the 90th and 15th day before departure: 80 %
  • Cancellations from the 14th day onwards or in case of no-show: 100 %

 

Oceania Cruises

  • Cancellations up to the 152nd day before departure: 15 %
  • Cancellations between the 151st and 121st day before departure: 25%
  • Cancellations between the 120th and 91st day before departure: 50 %
  • Cancellations between the 90th and 61st day before departure: 75 %
  • Cancellations from the 60th day onwards or in case of no-show: 100 %

 

Phoenix Reisen GmbH

  • Cancellations up to 90 days before departure: 20%
  • Cancellations between the 89th and 30th day before departure: 35 %
  • Cancellations between the 29th and 22nd day before departure: 50 %
  • Cancellations between the 21st and 15th day before departure: 60 %
  • Cancellations from the 14th day onwards or in case of no-show: 100 %

 

Plantours

  • Cancellations up to 90 days before departure: 10 %
  • Cancellations between the 89th and 30th day before departure: 25 %
  • Cancellations between the 29th and 22nd day before departure: 35 %
  • Cancellations between the 21st and 15th day before departure: 60 %
  • Cancellations from the 14th day onwards or in case of no-show: 100 %

 

Regent Seven Seas Cruises

  • Cancellations up to the 121st day before departure: 10 %
  • Cancellations between the 120th and 91st day before departure: 20 %
  • Cancellations between the 90th and 61st day before departure: 50 %
  • Cancellations between the 60th and 31st day before departure: 80 %
  • Cancellations from the 30th day onwards or in case of no-show: 100 %

 

Seabourn Cruises

  • Cancellations up to the 60th day before departure: 20 %
  • Cancellations between the 59th and 30th day before departure: 40 %
  • Cancellations between the 29th and 15th day before departure: 75 %
  • Cancellations from the 14th day onwards or in case of no-show: 100 %

 

Silversea Cruises

  • Cancellations up to the 121st day before departure: 10 %
  • Cancellations between the 120th and 91st day before departure: 15 %
  • Cancellations between the 90th and 46th day before departure: 50 %
  • Cancellations between the 45th and 31st day before departure: 75 %
  • Cancellations from the 30th day and in case of no-show: 100 % 

 

TUI Cruises GmbH

  • Cancellations between the 49th and 30th day before departure: 35 %
  • Cancellations between the 29th and 24th day before departure: 45 %
  • Cancellation between the 23rd and 17th day before departure: 65 %
  • Cancellations from the 16th day or in case of no-show: 100 %

 

Viva Cruises GmbH

  • Cancellations up to the 120th day before departure: 10 %
  • Cancellations between the 119th and 90th day before departure: 20 %
  • Cancellations between the 89th and 30th day before departure: 40 %
  • Cancellations between the 29th and 15th day before departure: 60 %
  • Cancellations from the 14th day or in case of no-show: 100 %

 

In addition, cancellation fees will be charged for flight, transfer and hotel bookings, if these services were booked in addition to the cruise service!

 

VI. Liability of the tour operator

 

1. Liability of the tour operator

The tour operator is liable for the contractual fulfilment of the contractual services, whether these are to be provided by him or by other service providers. 

 

2. Non-liability

a) The liability of the tour operator does not apply insofar as the tour operator proves that the non-fulfilment or poor fulfilment of the contractual service is based on a circumstance which was caused by an inappropriate action caused by the buyer, an unforeseen and unavoidable act of a third party in relation to the contractual service provision, or in the case of force majeure.

b) The tour operator is not liable for illegal, culpable and inadmissible actions of the hoteliers and other service providers as well as their employees and agents, which are to the detriment of the buyers, their property or assets, insofar as these actions are not part of the contractual services.

c) Possible claims of the buyers against service providers are outside the liability of the tour operator.

d) The tour operator is not liable in cases of damage, cancellation of the voyage or stay due to unforeseeable circumstances such as war, civil unrest, epidemics, sovereign order (border closures), natural disasters, accidents, destruction of accommodation, strike or cases of equal importance. The additional costs caused by such cases are at the expense of the buyer.

e) The tour operator is not liable for excursions, trips, sightseeing and entertainment which are not part of the travel program. Participation in such events is at the buyer's own risk.

f) The tour operator is not liable for reservations of hotels or other services booked directly by the buyer. These reservations are in no case taken over by the tour operator.

g) If legal regulations apply to a travel service to be provided by the tour operator or a service provider, according to which a claim for damage can only be asserted under certain conditions or restrictions, the tour operator can refer to this regulation towards the buyer. 

 

3. Limitations of liability

The contractual liability of the tour operator is limited to the contractually agreed travel contract.

As far as the liability of the tour operator is established and the non-physical damage is proven, the customer is entitled to compensation for damages of a maximum of three times the travel price. This restriction does not apply to personal injury and damage caused by serious or deliberate negligence on the part of the organiser.

The organiser may apply the limitations of liability provided for in international conventions or national, European or international regulations which benefit the actual service providers. 

 

4. Complaints

Any complaints that may arise during the voyage should be addressed directly to the tour guide or local correspondent of the tour operator. In addition, the complaint must be made in writing to the tour operator within a period of 14 days after return, otherwise, it cannot be considered.

 

5. Waiver of claims and statute of limitations

a) All claims must be made in writing to the tour operator's headquarters within 14 days of the contractually agreed end of the voyage.

b) Claims of the buyer regarding the booking and the running of the voyage are subject to a limitation period of six months after the contractually foreseen end of the voyage. 

 

VII. Other

1. Currencies and entry requirements

Participants are asked to provide themselves with the various currencies of the countries to be visited. Citizens with the Luxembourgish nationality require a valid identity card or passport, which must be valid for 6 months after the end of the voyage, depending on the destination and the requirements of the individual cruise companies.

The applications necessary for visas can be made by the tour operator on behalf of the customer if desired. Visa costs, as well as the expenses for obtaining the visa, are charged together with the tour price. The customer is personally responsible for compliance with visa, customs, foreign exchange and health regulations.

The customer is required to start the voyage only in possession of valid identification and border crossing documents. Should this not be the case, all costs arising from this for the tour operator will be charged to the customer. Please make sure that your passport or identity card is valid! Children also need their own identity card. 

 

2. Baggage

As a rule, each passenger is entitled to one suitcase and one bag (hand luggage) on cruises. When travelling by plane, please note the luggage restrictions of the respective airlines in terms of weight and dimensions of the suitcase and hand luggage.

 

3. Vaccinations and sanitary regulations

Travellers are requested to consult their family doctor or the state medical authorities for information on prescribed or recommended medical measures such as vaccinations and prophylaxis. The tour operator is not liable for any failure to do so. 

 

4. Protection of personal data

Personal data is processed in accordance with current legal regulations. For detailed information:

https://www.slg.lu/en/politique-de-confidentialite

 

VIII. Travel insurance

The packaged holidays offered by Cruisopolis do not generally include a travel insurance. It is strongly recommended that travellers obtain a travel insurance, including cancellation insurance, when making their booking.

 

IX. Financial security and liability insurance of the organiser

Under Article L225-15 of the Law of 25 April 2018, the tour operator's services must be financially guaranteed in the event of insolvency. In this regard, the MUTUALITE LUXEMBOURGEOISE DU TOURISME, société coopérative de caution mutuelle (Commercial Register B 63569), whose registered office is at 7, rue Alcide de Gaspéri in Luxembourg-Kirchberg, is liable for Cruisopolis.

The professional and civil liability of the tour operator is covered by the insurance company. AXA Assurances Luxembourg, 7, rue de la Chapelle, L-1325 Luxembourg. 

 

X. General information

1. all details of our publications reflect the status at the time of publication. The tour operator is not liable for printing errors.

2. the tour operator reserves the right to change prices, services and programs; the same applies to changes caused by printing errors.

3. the shipping companies reserve the right to change routes due to force majeure (natural disasters), bad weather conditions and political events, this in the interest of passenger safety. The customer expressly declares his agreement with this course of action of the shipping companies. Should the customer cancel his voyage in such a case, the normal cancellation conditions according to article V of these contract conditions apply.

4. the ineffectiveness of individual regulations does not justify the ineffectiveness of the travel contract in general.

5. the tour operator is not liable for the information contained in brochures of third parties. 

 

XI. Information obligation of the organiser and/or the travel agent

The traveller expressly declares that, before being committed to a packaged travel contract or a corresponding contractual offer, he must have read and understood the relevant standard information sheet for package tours, in accordance with the "règlement grand-ducal" (règlement grand-ducal du 25.04. 2018 précisant les informations standards à communiquer par le professionnel, conformément à l'article L. 225-3 du Code de la consommation) as well as any other pre-contractual information referred to in Article 225-3 (1 ), provided that such information is relevant to the package in question, in clear, comprehensible and explicit form. The traveller generally acknowledges that the tour operator or travel agent who sold him the package has fulfilled all his obligations under Article L. 225-3. The traveller acknowledges that changes to the pre-contractual information have been communicated to him in a clear, comprehensible and explicit manner before the conclusion of the package contract.

The traveller expressly declares that at the time of conclusion of the contract he has received a copy or confirmation of the travel contract in accordance with Article 225-5(1) and that he has received the information referred to in points (a) to (h) of Article L. 225-5(2) on a durable medium in clear, intelligible and explicit terms. 

 

XII. Failure to perform a travel service included in the package travel contract

Under Article L. 225-11 (2), the traveller must notify the organiser immediately of any lack of conformity which he notices during the execution of the travel services included in the package, considering the circumstances of the case. The traveller is requested, as soon as he has the opportunity to inform the organiser of any lack of conformity concerning a service included in the package travel contract, to inform the latter of any such lack of conformity and may, in accordance with Article L. 225-14 of the “Code de la consommation,” ask him for appropriate assistance if he is in difficulty.

 

XIII. Jurisdiction

The Luxembourg courts shall have exclusive jurisdiction to deal with claims.

 

XIV. Organiser

CRUISOPOLIS S.A.                          L-1940 LUXEMBOURG

Company registration number:           LU 18921804

Commercial register:                         Luxembourg B 83853