VIVA Cruises Resevillkor

Cancellation of the contract by the customer prior to commencement of the tour/cancellation costs
5.1 The customer may cancel the Package at any time prior to the commencement of the Tour. The cancellation must be expressed by notice given to VIVA Cruises. If the Package was booked through a travel agent, the notice of cancellation may also be given to the agent. It is recommended that the customer give his notice of cancellation in text form on a permanent data medium.

5.2 If the customer cancels prior to the commencement of the Tour or does not set out on the Package Tour, VIVA Cruises loses the right to claim the travel price. Instead, VIVA Cruises may claim appropriate compensation if VIVA Cruises is not responsible for the cancellation or if unavoidable, extraordinary circumstances occur at or in the immediate vicinity of the destination which significantly impair the performance of the Package Tour or the carriage of passengers to the destination. Circumstances shall be deemed unavoidable and extraordinary if they are not under the control of the party that invokes them and their consequences could not have been avoided even if all reasonable precautions had been taken.

5.3 VIVA Cruises has determined the following lump sum compensation, taking into account the period between the notice of cancellation and the commencement of the Tour as well as the expected cost savings and the expected earnings by the use of the travel services in another way.

The compensation shall be calculated as follows after the date of receipt of the notice of cancellation:

• up to 120 days prior to the commencement of the Tour: 10% of the travel price
• from the 119th to the 90th day prior to the commencement of the Tour: 20% of the travel price
• from the 89th to the 30th day prior to the commencement of the Tour: 40% of the travel price
• from the 29th to the 15th day prior to the commencement of the Tour: 60% of the travel price
• from the 14th to the 1st day prior to the commencement of the Tour: 80% of the travel price
• Cancellation on the date of the Tour or failure to set out on the Package Tour: 90% of the travel price

5.4 In any case, the customer is at liberty to prove to VIVA Cruises that VIVA Cruises has incurred no damage or a substantially lower damage than the lump sum claimed by VIVA Cruises.

5.5 VIVA Cruises reserves the right to claim a higher compensation instead of the above lump sums, calculated individually on the basis of the travel price less the value of the costs saved by VIVA Cruises and less what VIVA Cruises earns through the use of the travel services in another way. In this case, VIVA Cruises is obliged to justify upon the customer’s request the amount of the compensation claimed.

5.6 If, in the case of a jointly booked double cabin, one passenger paying full fare cancels prior to the commencement of the Tour, with the consequence that the double cabin is now used as a single cabin, VIVA Cruises is entitled to the compensation specified under 5.3., but at least to a lump sum compensation in the amount of the surcharge otherwise payable for a single cabin at the time of booking. The same applies if a customer paying full fare cancels a cabin booked for several passengers, so that a cabin, which is originally intended for three or four people, is used by fewer people.

5.7 If VIVA Cruises is obliged to reimburse the travel price (if already paid) as a result of the cancellation, VIVA Cruises shall reimburse it without undue delay, but in any case within 14 days of the cancellation.

5.8 VIVA Cruises strongly recommends that the customer take out travel cancellation insurance and luggage and travel accident insurance (in the event that interruption of travel, e.g. due to an accident, becomes necessary).

Change of reservation
6.1 After conclusion of the Contract, the customer is not entitled to changes with regard to the travel date, the destination, place of departure, accommodation or the mode of carriage (rebooking). This shall not apply if the rebooking is required because VIVA Cruises failed to provide the customer with pre-contractual information as defined in Art. 250 Paragraph 3 Introductory Act to the Civil Code (“EGBGB”), or provided insufficient or erroneous pre-contractual information; in this case, rebooking is allowed free of charge. If, in all other cases, a rebooking is nevertheless made at the customer’s request at least 90 days prior to commencement of the Tour, VIVA Cruises may charge a rebooking fee of EUR 50 per customer . In individual cases, e.g. where flights are involved, the additional rebooking costs may be considerably higher.

6.2 Any rebooking requests made by the customer after expiry of the 90-day period, if possible at all, requires the cancellation of the Package Travel Contract in accordance with the terms set forth in Clauses 5.2 to 5.7 with simultaneous new registration. This does not apply to rebooking requests that cause only negligible costs.

6.3 Any airline charges for the correction of names on airline tickets that have already been issued (as opposed to a change of the passenger) may be passed on to the customer. In addition to this, VIVA Cruises may also charge a rebooking fee of EUR 50 in these cases.

6.4 The customer may make a declaration to VIVA Cruises up to 7 days in advance of the commencement of the Tour that not the customer himself but a third party will join the Package Travel Contract as a party to the Contract, assuming all rights and obligations thereunder. This declaration must be made on a durable medium (paper or electronic). VIVA Cruises is entitled to object to the third party joining the Contract if that third party is not in compliance with the contractual requirements for the Tour. If a third party joins the Contract, this third party and the customer shall be liable to VIVA Cruises as joint and several debtors for the travel price and the additional costs incurred due to the third party joining the Contract. These additional costs must be appropriate and must have actually been incurred, which VIVA Cruises shall prove to the customer.

6.5 Rebooking fees are due and payable immediately.