Important Notice:
This English version of the General Terms and Conditions of Travel is provided for convenience only. In case of any discrepancies, inconsistencies or deviations between the English and the German version, the German version shall prevail and be legally binding.
Dear EXPLORA JOURNEYS Guest,
Before concluding a travel contract with us, which qualifies as a package travel contract under European law, we are required to inform you both about the details of this package travel that are essential for you and about your rights under EU Directive 2015/2302.
The essential information regarding the course and content of your package travel can be found in the general and specific service descriptions of the trips offered by us and in these General Terms and Conditions of Travel. Information on your rights under EU Directive 2015/2302 is provided in the prescribed standard form on our website and in the option confirmation.
The following provisions, insofar as effectively agreed, shall form part of the package travel contract concluded between you and EXPLORA S.A. as the responsible tour operator – hereinafter referred to as “EXPLORA JOURNEYS”. They supplement the statutory provisions of §§ 651a to 651y of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the German Civil Code (EGBGB).
In addition, the general conditions of carriage of the carrier/shipping company for passengers and their luggage at sea (conditions of carriage), the Guest Conduct Policy, and, with regard to air transport services, the conditions of carriage of the respective operating airline for scheduled flights with international airlines shall apply. These conditions are available at travel agencies and on our website.
You are therefore requested to read these terms carefully prior to booking, as they govern the contractual relationship between you and EXPLORA JOURNEYS.
The headings used in these terms are intended solely to facilitate orientation and shall not be binding for the content or interpretation of the clauses.
For the protection against all travel risks, we strongly recommend that each traveller take out travel cancellation insurance, trip interruption insurance and travel health insurance including coverage for repatriation.
GENERAL TERMS AND CONDITIONS
1. Booking and Conclusion of the Package Travel Contract / Deposit
By submitting a booking, you make a binding offer to EXPLORA JOURNEYS to conclude a package travel contract and, at the same time, confirm that you have taken note of the above-mentioned pre-contractual information. The booking may be made in writing, by telephone or electronically. It may be made directly with us or through an authorised travel agency. The person making the booking shall act on behalf of all travellers listed in the booking.
The basis of your booking is the travel offer published on our website. You will promptly receive an option confirmation for this travel.
Upon receipt of the option confirmation, a deposit of 25% of the travel price per person shall become due in accordance with § 651r BGB in conjunction with Article 252 EGBGB within the deadlines specified:
- within 7 days if the booking is made up to 121 days prior to departure,
- within 3 days if the booking is made between 120 and 31 days prior to departure,
- within 1 day if the booking is made less than 30 days prior to departure.
At the same time, the full premium for any travel insurance arranged via EXPLORA JOURNEYS shall become due.
As soon as your deposit has been received within the period specified in the option confirmation by us or the authorised travel agency, a package travel contract shall be concluded between you and all travellers listed in your booking and EXPLORA JOURNEYS. EXPLORA JOURNEYS will document the contract as soon as possible by sending a written travel confirmation containing the entire contractual content.
The binding nature of the package travel contract shall not depend on whether you make use of options to store or print the travel confirmation or whether you receive the travel confirmation in paper form (by post).
If the deposit is not paid, your option booking will be automatically cancelled in the system.
If the content of the final travel confirmation deviates from the content of the option confirmation, this shall constitute a new offer by EXPLORA JOURNEYS to conclude the contract. You shall have the right to accept this offer within 7 days. EXPLORA JOURNEYS shall be bound by this offer during this period. If you declare acceptance of the amended offer in writing within these 7 days, the package travel contract shall be concluded on the basis of this offer.
In accordance with statutory provisions for package travel contracts concluded by means of distance communication (e.g. via letters, telephone calls, e-mails, telemedia or online services), there is no right of withdrawal, but only the statutory rights of cancellation and termination.
2. Final Payment / Insolvency Protection Certificate
The final payment shall become due 30 days prior to departure without further request. You are expressly advised to observe the payment date specified in the travel confirmation, as late receipt of payment may result in the cancellation of your travel.
If the agreed travel price has not been paid in full by the due date, EXPLORA JOURNEYS shall be entitled to terminate the package travel contract and to claim compensation in the amount of the applicable cancellation fees, provided that no travel defect already exists at that time which would entitle you to withdraw. EXPLORA JOURNEYS shall also be entitled to claim damages for non-performance in accordance with §§ 280 (1), (3) and 281 BGB.
If you choose the payment method “bank transfer”, EXPLORA JOURNEYS expects the funds to be credited by the agreed due date.
If you book your travel 30 days or less prior to departure, the full payment must be made immediately upon receipt of the option confirmation together with the insolvency protection certificate.
Together with the option confirmation/invoice, you will receive an insolvency protection certificate securing your payments in the event of insolvency of EXPLORA JOURNEYS. For the protection of customer funds, EXPLORA JOURNEYS has taken out insolvency insurance with REVO INSURANCE S.p.A. The certificate grants you a direct claim against the insurer in the event of insolvency or inability to pay on the part of EXPLORA JOURNEYS.
3. Services Included in the Travel Price
The scope of the contractual services is determined by the description of the package travel, for example in the offer brochure, as an attachment to our offer in PDF form, on our website, or in all other media in which we usually present our offers in full, as well as by the information referring thereto in your travel confirmation. The same shall apply to the travel price to be paid by you.
The services included in the travel price are specified in the programme provided to you. The costs for all additional ancillary services – unless otherwise stated – shall be borne by you and shall be charged separately.
As a general rule, the following services are included in the travel price (unless otherwise specified): accommodation in the booked suite category, meals on board, alcoholic beverages, cocktails, non-alcoholic beverages, mineral water, gratuities, port charges, Wi-Fi internet access, entertainment programme (if offered) and, where applicable, complimentary transfer from the port to the city centre.
Depending on the suite category or special fare booked, additional services may be included; these are expressly specified in the service description of the respective travel.
The travel price does not include any medical treatment costs that may become necessary (we therefore expressly recommend taking out adequate travel health insurance), nor does it include services or products of independent providers (e.g. spa area and boutiques) or destination experiences (shore excursions). Exclusive food and beverage offerings may be booked separately at an additional charge.
4. Price Changes
EXPLORA JOURNEYS reserves the right to increase the price of a package travel by up to 8% if, after conclusion of the contract, one of the following events occurs and the price increase results directly therefrom:
- an increase in the cost of passenger transportation due to higher fuel or other energy costs;
- an increase in taxes or other charges for agreed travel services, such as tourist taxes, port or airport fees; or
- a change in exchange rates applicable to the package travel.
If the transport costs increase after conclusion of the contract due to increased fuel or energy costs and such increase is calculated per seat or suite, EXPLORA JOURNEYS may increase the travel price by up to 8% and demand payment of the increase from the guest.
Otherwise, the additional transport costs charged by the carrier for each means of transport shall be divided by the number of seats or suites of the agreed means of transport. The resulting increase per individual place may be charged to the guest.
If taxes or other charges for agreed travel services, such as tourist taxes, port or airport fees, increase after conclusion of the contract vis-à-vis the tour operator, the travel price may be increased by up to 8% in proportion to the increase in costs per traveller incurred by EXPLORA JOURNEYS.
In the event of a change in exchange rates applicable to the package travel after conclusion of the contract, the travel price may be increased by up to 8% in proportion to the resulting increase in costs for EXPLORA JOURNEYS per traveller.
Any increases pursuant to this clause shall be passed on to you and a new invoice shall be issued accordingly.
If the price of the package travel (excluding amendment fees and/or additional services not included in the package travel) increases by more than 8%, you shall have the right, at your discretion, to:
- accept the price increase and pay the requested amount;
- accept an offer to change to another package travel, if EXPLORA JOURNEYS is able to offer such alternative (if the alternative is of at least equivalent quality, no additional payment shall be required; if it is of lower quality, the price difference shall be refunded); or
- withdraw from the contract and receive a full refund of all payments made, excluding any amendment fees and/or additional services not included in the package travel.
If you choose to withdraw from the contract for this reason, you must exercise this right within 14 days of receipt of the notification of the price increase. If no declaration is received within this period, the price increase shall be deemed accepted.
If the price of your package travel is reduced after conclusion of the contract as a result of one of the events listed above but before the start of the package travel, the excess amount shall be refunded to you, less any administrative costs incurred by EXPLORA JOURNEYS. It should be noted that travel services are not always purchased in the local currency and that certain apparent changes may not affect the travel price due to contractual or other hedging arrangements.
No changes to the price of your confirmed travel shall be made within a period of 20 days prior to departure, and no refunds shall be granted during this period.
5. Changes to the Travel Programme
a) Before conclusion of the contract
The travel descriptions are binding for EXPLORA JOURNEYS insofar as they form the basis of the package travel contract. However, EXPLORA JOURNEYS reserves the right to make changes to the travel description for objectively justified reasons prior to conclusion of the contract, of which you will, of course, be informed before booking.
In particular, in the case of cruises, changes to the itinerary may occur at any time, for example due to official orders, specific circumstances relating to local shipping traffic, medical emergencies, or where, in the interest of the safety of the travellers or due to weather conditions, a different route must be taken, although EXPLORA JOURNEYS selects its cruise routes and schedules based on long-term statistical climate data in order to ensure that weather conditions are as favourable as possible.
The decision regarding any necessary change to the travel route and/or schedule shall be made solely by EXPLORA JOURNEYS.
In the event of cancellation of a scheduled flight by the airline or failure of the airline to adhere to the flight schedule, a change of airline, aircraft or departure or return airport may become necessary. For these or comparable reasons, such changes are expressly reserved.
In accordance with EU regulations concerning the information of passengers about the identity of the operating air carrier, EXPLORA JOURNEYS is obliged to inform you at the time of booking of the identity of the operating airline and of all air transport services to be provided as part of the booked travel.
b) After conclusion of the contract
EXPLORA JOURNEYS expressly reserves the right to make deviations from and changes to individual travel services after conclusion of the contract, provided that such changes are not significant within the meaning of § 651f (2) BGB.
If EXPLORA JOURNEYS is only able to perform the booked travel after conclusion of the contract with a significant change to one of the essential characteristics of the travel services (e.g. changes to flight routing, stopovers or connecting flights, changes to travel routes or substantial changes to training programmes, changes to accommodation or to the overall itinerary), or only in deviation from a specific contractual agreement between EXPLORA JOURNEYS and you, EXPLORA JOURNEYS shall be entitled to offer you, prior to departure, a corresponding amendment to the contract or, alternatively, participation in another travel (substitute travel).
Upon receipt of such amended offer, you shall have the right, within seven days, to withdraw from the booked travel without payment of compensation, to request participation in substitute travel, or to accept the amended offer. You will be expressly informed of this deadline in the amendment offer.
If you do not notify EXPLORA JOURNEYS within this period that you wish to withdraw free of charge from the package travel contract or to request participation in substitute travel, the offered amendment shall be deemed accepted.
The modified service shall then replace the originally agreed service. Any warranty claims shall remain unaffected if the modified service is defective.
6. Withdrawal, Rebooking, Transfer of Contract and Name Change by the Traveller
a) Withdrawal
You may withdraw from the travel at any time prior to departure without stating any reasons. In your own interest and in order to avoid misunderstandings, EXPLORA JOURNEYS recommends that you declare the withdrawal in writing. The decisive factor for the time of withdrawal is the receipt of the withdrawal declaration by EXPLORA JOURNEYS.
If you withdraw from the package travel contract or do not commence the travel, EXPLORA JOURNEYS may demand reasonable compensation for the travel arrangements made and expenses incurred. In calculating such compensation, saved expenses and any alternative use of the travel services shall generally be taken into account. You remain free to prove that no or significantly lower costs have been incurred than those indicated in the following lump sums or cancellation rules.
The amount of compensation is based on the travel price. As a rule, the cancellation fees to be paid by you per registered participant are calculated per person as a percentage of the travel price as follows: