1. Conclusion of package travel contract / liability for fellow passengers
1.1. The following applies to all bookings through any channel:
a) VIVA Cruises draws the Customers attention that its official name is SCYLLA OCEAN LTD and that VIVA Cruises is the brand name used by SCYLLA OCEAN LTD. SCYLLA OCEAN LTD is registered in the Registrar of Companies in the Republic of Cyprus, with registration number 385682 having its registered office/address at Karaiskaki 38, KANIKA ALEXANDER CTR, BLOCK 1, 1st floor, Flat/Office 113B, 3032, Limassol, Cyprus and wherever the name ‘VIVA Cruises’ appears below it means the entity ‘SCYLLA OCEAN LTD’.
b)This offer is based on the travel proposal and supplementary information provided by VIVA Cruises as a Tour Operator for the respective package tour (hereinafter “Package Tour” or “Package”), provided that these are available to the Customer at the time of booking.
c)The Customer shall be responsible for all contractual obligations of his fellow passengers for whom he makes the booking, in the same manner as for his own to the extent that he has assumed this obligation in an express and separate statement.
d)If the content of the notice of acceptance from VIVA Cruises deviates from the content of the booking, VIVA Cruises is deemed to have made a new offer, by which VIVA Cruises is bound for a period of ten days. The contract is concluded on the basis of this new offer provided that VIVA Cruises has pointed out to the changes with respect to the new offer and complied with its pre-contractual obligation to provide information and if the Customer declares his acceptance thereof to VIVA Cruises within the aforementioned commitment period by his express statement accepting it, or by down payment.
e)Travel agents (e.g. tourist agencies) and service providers (e.g. carriers) are not authorised to make agreements, provide information or give assurances which alter the agreed content of the package travel contract, go beyond the services contractually promised by VIVA Cruises or contradict the travel proposal.
f)VIVA Cruises draws the Customers attention to his rights under data privacy laws on the separate data privacy information sheets and asks him to take note of them.
1.2.The following applies to bookings made directly with the Tour Operator electronically:
a)The process of online booking is explained to the Customer on the related application.
b)The Customer has the option to make corrections (with explanations provided of how to use this option) for correcting his entries, deleting or resetting the entire booking form.
c)The contractual languages offered for online booking are specified.
d)If the text of the contract is stored by VIVA Cruises, the Customer will be informed accordingly, including the possibility of later retrieval of the text of the contract.
e)By pressing the button "booking subject to payment", the Customer submits a binding offer to VIVA Cruises for the conclusion of the package travel contract.
f) The Customer will immediately receive confirmation of receipt of his booking (travel registration) by electronic means (confirmation of receipt).
g)The transmission of the booking (travel registration) by pressing the button "booking subject to payment" does not establish a claim of the Customer for the conclusion of a package travel contract in accordance with his booking (travel registration). The contract is concluded upon receipt of the booking confirmation from VIVA Cruises by the Customer provided on a permanent data medium.
h)If the booking is confirmed immediately after pressing the button "booking subject to payment" by a display of the booking confirmation directly on the screen, then the package travel contract has been concluded with the display of this booking confirmation. In this case, there is no need for an interim notification of the receipt of the booking according to lit. f) above, provided that the Customer is offered the option to save the booking confirmation on a permanent data medium and to print it. However, the binding nature of the package travel contract does not depend on the Customer actually using these options for saving or printing the confirmation.
1.2. Please note that prior the Customer proceeds with payment of the package tour he intends to buy and prior the booking confirmation is sent from the Tour Operator, the Tour Operator will send and/or provide to the Customer an informative form relating to the contract that is to be concluded.
1.3 The following applies to bookings made directly with the Tour Operator directly but not electronically:
a)With his booking (travel registration) the Customer submits a binding offer to VIVA Cruises for the conclusion of the package travel contract.
b)The contract is concluded upon receipt of the booking confirmation (notice of acceptance) by VIVA Cruises. Please note that prior the Customer proceeds with payment of the package tour he intends to buy and prior the booking confirmation is sent from the Tour Operator, the Tour Operator will send to the Customer an informative form relating to the contract that is to be concluded. Upon or immediately after conclusion of the contract (after total payment is made by the Customer), VIVA Cruises will send the Customer a travel/booking confirmation.
1.4 The following applies to bookings made through a Travel Agency which provides packages ON BEHALF of the Tour Operator:
a)With his booking (travel registration) the Customer submits a binding offer to VIVA Cruises for the conclusion of the package travel contract.
b)The contract is concluded upon receipt of the booking confirmation (notice of acceptance) by VIVA Cruises or the Travel Agent. Please note that prior or not later than 24 hours from receipt of booking confirmation (but before payment is made by the Customer) by the Tour Operator or the Travel Agency, the Tour Operator will send to the Customer an informative form relating to the contract that is to be concluded.
1.5 Prior the conclusion of the contract of the package tour, the Tour Operator will provide to the Customer the following information:
(a)The main characteristics of the traveling services;
(b) The Tour Operator’s official name name or brand name and the location of its headquarters;
(c) The total price of the package;
(d) The method of payment of the package;
(e) The number of people that are necessary for the travel package to be occur;.
(f) General information as to what details the Tour Operator will require from the Customers’ passports.
(g) Informing the Customers of the right to submit a complaint regarding their contract any time during the commencement of their travel package.
h) Information that relate with the voluntary or necessary insurance coverage.
1.6 According to section 4 of Law (186)(I)/2017, if a contract is concluded by a telephone call, the organizer must make sure the Customer is provided with the following information prior the conclusion of the contract
1) The informative form mentioned above in section 1.3(b);
2) Specific information regarding the destinations/routes to be taken and the date and amount of time (in hours) that will be spent at each destination;
3) Specific information regarding the means of transport, departure location, dates of departure and date of return with any layovers;
4) Specific information about the accommodation of the Customers and whether a layover is included in the package, then specific information will be provided to the Customers on whether the layover will take place at a hotel, or at an apartment or at any other place. Names of hotels and/or apartments to be provided will be disclosed along with their star ratings and/or ratings;
5) Specific Information regarding all the meals on board and/or out of board that are to be provided;
6) Specific information regarding trips or other activities that are included in the package tour;
7) The total amount of people that will use the same package as the Customer;
8) Languages to be used by the members on board who will actually be providing the tour package;
9) Whether the package offered is suitable for the needs of physical disabled people. Please note that this type of information will be provided only when the Customer advises that there will be fellow passengers with physical disabilities on board (see Clause 15 below for more information);
10) Full disclosure of the Tour Operator’s official name along with the location of its headquarters.
11) The total price of the package;
12) The methods of payment of the package tour by the Customers;
13) The number of people that are necessary for the travel package to occur and/or happen;
14) General information as to the details that are to be requested from Customer’s passports;
15) Informing the Customers their right to submit a complaint regarding their contract any time during the commencement of their travel package;
16) Information that relate with the voluntary or necessary insurance coverage.
2.1VIVA Cruises has taken out insolvency insurance to cover the travel price to be paid by the Customer. A guarantee certificate will be attached to the travel confirmation, to the copy of the contract or their back.
VIVA Cruises and travel agents may only demand or accept payments on account of the travel price before the end of the Package Tour if an effective Customer finance guarantor contract is in place and the Customer has been provided with the name and contact details in a clear and comprehensible manner, with that information highlighted. After conclusion of the contract and handing over of the guarantee certificate, a down payment of 20% of the travel price becomes due for payment. The balance is due 30 days prior to the commencement of the tour, provided that the guarantee certificate has been handed over and the Package can no longer be cancelled for the reason stated in Clause 8.1.
2.2If the Customer does not make the down payment and/or the payment of the balance in accordance with the agreed payment due dates even though VIVA Cruises is ready and in a position to properly perform its contractual services, has complied with its legal obligation to provide information, and the Customer has no statutory or contractual right of retention, VIVA Cruises is entitled to cancel the package travel contract after a reminder setting a deadline, and to charge the Customer cancellation costs in accordance with Clause 5.2 sentence 2, to Clause 5.6.
2.3 In case the Customers cannot be transported due to insolvency reasons of the Tour Operator, the Tour Operator is obliged by Law to repatriate all the Customers to the place they were intended to be lastly transported under the Package tour contract.
3. Changes to the contents of the contract prior to the commencement of the tour not affecting the travel price
3.1VIVA Cruises is permitted to deviate prior to the commencement of the tour from the agreed content of the package travel contract with respect to essential features of travel services, where such deviations become necessary after conclusion of the contract and were not brought about by VIVA Cruises in bad faith, provided that such deviations are insignificant in nature and will not impair the overall Package Tour.
3.2VIVA Cruises is entitled in particular but not limited to make changes in travel times, routes and/or means of transport which become necessary due to the special conditions affecting travel by ship, due to weather conditions or high or low water, due to orders issued by authorities (e.g. travel warnings issued by the Federal Foreign Office) or for other reasons for which VIVA Cruises is not responsible, provided that these are minor changes only that will not affect the overall character of the trip.
3.3VIVA Cruises is obliged to inform the Customer of any change to the travel services without undue delay after knowledge of its reason, on a permanent data medium (e.g. including an email, text message or voice message) in a clear and comprehensible manner, with that information highlighted.
3.4In the event of a significant change of an essential feature of a travel service or a deviation from special specifications of the Customers, which have become part of the package travel contract, the Customer is entitled before the commencement of the holiday package to the following: :
•either accept the change;
•or cancel the package travel contract at no charge with an Customer option to be reimbursed with the total amount he paid to the Tour Operator, within 14 days
The Tour Operator may offer to the Customer an alternative package of same quality but at same price or an alternative package of lower quality but with a reduced price and the Customer has the option to decide whether to accept alternative package offered or continue with above cancellation. The Customer has the option to respond or not to respond to VIVA Cruises’ notification. If the Customer responds to VIVA Cruises, he may either agree with the change of the contract, request his participation in a substitute tour if one is offered to him, or cancel the contract at no charge.
If the Customer fails to respond to VIVA Cruises or fails to do so within the period set, the notified change shall be deemed to have been accepted.
The Customer must be made aware of this in a clear and comprehensible manner, with that information highlighted, in the notification pursuant to Clause 3.3 above.
3.5Should the changed services be defective, potential warranty claims shall remain unaffected. If VIVA Cruises had lower costs for the performance of the changed or substitute tour for equivalent quality, the Customer must be reimbursed in the amount of the difference in accordance with section 10 of Law 186(I)/2017.
3.6 According to Law 186(?)/2017, a Customer may on special occasions opt to terminate the contract with the Tour Operator before the commencement of the holiday package and be reimbursed with the amount he paid to the organiser.
The special occasions referred above may include the following:
1) Before the commencement of the holiday package the organiser amends to a great extent, the main characteristics of the holiday package offered;
2) If the Tour Operator and/or organizer initially accept certain demands from the Customer but decide later not to offer them or provide them;
3) If the Tour Operator offers to increase the price of the package by a percentage that is above 8% of the initial package offered.
3.7 In case the clause 3.6 above applies, the Tour Operator may offer the Customer an alternative package of same quality but at same price or an alternative package of lower quality but with a reduced price and the Customer has to decide whether to accept it or continue with cancellation.
In case the package tour cannot be performed because of inevitable and emergency circumstances that occurred in the location of the destination or nearby destinations to the original destination, which affect the transportation of Customers, the Customers will be entitled to terminate the contract (prior its commencement) and get refunded within 14 days the amount they initial paid for their package contract.
Such inevitable and emergency situations referred above mean an outbreak of a war or any other circumstance that can affect the safety of the Customers, terrorist attacks or any other dangers that are capable of affecting the overall health of the Customers.
4. Price changes after conclusion of contract
4.1VIVA Cruises reserves the right to change the price agreed in the package travel contract in the event that the increase in the travel price results directly from an increase occurring after conclusion of the contract in the price for the carriage of passengers due to higher costs for fuel or other energy sources (costs of carriage), taxes and other charges for agreed services such as tourist taxes, port or airport charges or air passenger taxes or a change in the exchange rates applicable to the relevant Package after conclusion of the contract, as follows:
a)If the underlying costs of carriage (in particular fuel costs) increase after conclusion of the package travel contract, VIVA Cruises may increase the travel price according to the following calculation:
-In the case of an increase related to the seat or bed, VIVA Cruises may charge the amount of the increase to the Customer.
-In other cases, the additional costs of carriage charged by the carrier per means of transport are divided by the number of seats or beds of the agreed means of transport. The amount of the increase resulting from that calculation may be charged by VIVA Cruises to the Customer for the individual seat or bed.
b) If taxes and other levies such as tourist taxes, port/airport charges or air passenger taxes applicable at the time of conclusion of the package travel contract charged to VIVA Cruises are increased, the travel price may be increased by the corresponding proportional amount.
c)In the event of a change in the exchange rates after conclusion of the package travel contract, the travel price may be increased to the extent that the Package has become more expensive for VIVA Cruises as a result.
d)In the event of a subsequent change in the travel price, VIVA Cruises must inform the Customer without undue delay in a clear and comprehensible manner on a permanent data medium (e.g. an email) about the price increase, its reasons and the calculation of the increase. The price may not be increased less than 20 days before the commencement of the tour.
e)VIVA Cruises may not unilaterally increase prices by more than 8%. VIVA Cruises shall offer the Customer the price increase and request that the Customer either accept it within a reasonable period of time or cancel the contract at no cost and be reimbursed with the total amount initially paid for the package contract. The offer to increase the price may not be made less than 20 days before the commencement of the tour. VIVA Cruises may also offer the Customer to participate in another Package (substitute).Customer. Upon expiry of the period specified by VIVA Cruises, the offer to amend the contract shall be deemed accepted. The acceptance by the Customer of any substitute VIVA Cruises may offer requires the Customer’s express notice of acceptance to VIVA Cruises.
4.2At the Customer’s request, VIVA Cruises is obliged to reduce the travel price if and to the extent that the costs of carriage, taxes or exchange rates referred to in Clause 4.1 have changed after conclusion of the contract and before the commencement of the tour to such extent that the Package comes at a lower cost to VIVA Cruises. If the Customer has paid more than the amount owed as a result, VIVA Cruises shall refund the excess amount, while VIVA Cruises is entitled to deduct the actual administrative expenses incurred. At the Customer’s request, VIVA Cruises shall provide evidence of the amount of administrative expenses incurred.
5. Cancellation of the contract by the customer prior to commencement of the tour/cancellation costs
5.1The 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%,
from the 119th to the 90th day prior to the commencement of the tour 20%,
from the 89th to the 30th day prior to the commencement of the tour 40%,
from the 29th to the 15th day prior to the commencement of the tour 60%,
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
5.4In 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.
5.5VIVA Cruises reserves the right to claim instead of the above lump sums a higher compensation 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.
5.6If, 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.
5.7VIVA 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).
6. 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 sections 1.2-1.4 above,, 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, VIVA Cruises may charge a rebooking fee of €50 per Customer if a period of 90 days before commencement of the tour is observed. In individual cases, e.g. where flights are involved, the additional rebooking costs may be considerably higher.
6.2Any rebooking requests made by the Customer after expiry of the 90-day period, if possible at all, requires first 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.
6.3Any 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 €50 in these cases.
6.4The Customer may make a declaration to VIVA Cruises up to 7 days in advance of the commencement of the trip that not the Customer him- or herself but a third party will join the package travel contract as a party to that 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 trip. 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.
6.5Rebooking fees are due and payable immediately.
7. Services not used
If the Customer does not make use of individual travel services properly provided to him for reasons attributable to him (e.g. premature return or for other compelling reasons), he is not entitled to a pro rata refund of the travel price, unless such reasons would have entitled him to cancel or terminate the package travel contract free of charge in accordance with the law. VIVA Cruises will endeavour to reimburse the expenses saved by the service providers. This obligation shall not apply in the case of entirely insignificant services.
8. Minimum number of participants not reached/Cancellation by VIVA Cruises prior to the commencement of the tour
8.1The minimum number of participants for all VIVA Cruises Package Tours is 80 persons.
If the minimum number of participants is not reached, VIVA Cruises may cancel the package travel contract only if VIVA Cruises has
a)specified the minimum number of participants in the pre-contractual information and has given the latest date by which the notification must be received by the Customer prior to the contractually agreed commencement of the tour; and
b)specified the minimum number of participants and the latest date for cancellation in the travel confirmation.
Notice of cancellation must be given to the Customer by the 31st day before the agreed commencement of the tour at the latest, but in any event by no later than
(i) 20 days before the commencement of the package for trips that last longer than 6 days
(ii) 7 days before the commencement of the package for trips that last between 2 and 6 days
(iii) 48 hours before the commencement of the package for trips that last less than 2 days
Should it become apparent at an earlier point in time that the minimum number of participants cannot be reached, VIVA Cruises must exercise its cancellation right without undue delay and will be obliged to return to the Customers the total amount they initially paid.
8.2. VIVA Cruises may also cancel the package travel contract prior to the commencement of the tour if VIVA Cruises is prevented from fulfilling the contract due to unavoidable extraordinary circumstances (see Clause 3.6.1).
Notice of cancellation according to this Clause 8.2 must be given to the Customer without undue delay upon becoming aware of the reason for the cancellation.
8.3If VIVA Cruises cancels the contract in accordance with above Clause 8.1 or 8.2, VIVA Cruises loses the right to claim the agreed travel price. If it has already been (partially) paid, VIVA Cruises shall refund the payments made without undue delay, but in any case, within 14 days. There is no right to claim additional compensation in the event of cancellation in accordance with Clauses 8.1 and 8.2.
9.Rescission/Termination of contract by VIVA Cruises for reasons related to behaviour, illness, or pregnancy
In the following cases, VIVA Cruises may rescind the package travel contract in whole or in part without notice prior to the commencement of the journey, or terminate the package travel contract in whole or in part without notice after the commencement of the journey:
a)if the Customer, in the judgement of the captain, where applicable, after having consulted the ship’s physician,
-is unfit to travel due to illness, infirmity, or for any other reason;
-needs to be accompanied but travels unaccompanied;
-is a danger to the health of other passengers, crew members, and employees of VIVA Cruises;
-has booked by providing false information
-notwithstanding a warning from VIVA Cruises, is constantly annoying or behaves contrary to the contract to such an extent that the immediate cancellation of the contract in whole or in part is justified;
b)in the event of pregnancy, if the Customer is in her 24th week of pregnancy or beyond at the time of departure or, as the case may be, if she reaches the 24th week of pregnancy during the voyage. In these cases, the carriage is excluded for safety reasons and due to limited medical care on board VIVA Cruises vessels. If the Customer could not have known this at the time of booking, VIVA Cruises will reimburse the travel price already paid if notified immediately after the Customer becoming aware of the pregnancy. If such notification is culpably delayed, VIVA Cruises reserves the right to make a claim in accordance with Clause 5 hereof. Expectant mothers less than 24 weeks pregnant at the time of embarkation must present a specialist (gynaecological) certificate of fitness to travel confirming the navigated area.
If VIVA Cruises terminates or rescinds the contract for any of the reasons specified under a) above, the Customer may be entirely or partially excluded from the (continuation of the) trip. VIVA Cruises retains the right to claim the travel price; however, VIVA Cruises must take into account the value of the cost savings as well as those benefits that VIVA Cruises obtains from the use of the travel services in another way, including the credits VIVA Cruises receives from the service providers. Any additional costs incurred for the return trip shall be borne by the Customer.
10.Duties of the Customer to cooperate
The Customer must inform VIVA Cruises if he has not received the required travel documents (e.g. flight ticket, hotel voucher) within the period specified by VIVA Cruises.
10.2Notice of defects / Request for remedy of defects
If the Package Tour is not provided free from travel defects, the Customer may claim remedial action.
If the Customer culpably fails to notify VIVA Cruises immediately of a travel defect that was not agreed in the Package Tour during the period the Package Tour is actually occurring and VIVA Cruises was therefore unable to remedy the situation, the Customer is not entitled to assert claims for reduction in price] according to section 12 of the Law 186(I)/2017.
This shall not apply only if the notice of defect is clearly futile or unreasonable for other reasons.
The Customer is obliged to notify the representative of VIVA Cruises at the holiday destination of the defect without undue delay, i.e. the tour guide on board or on site. If the tour guide is not available, or if there is no tour guide and none is owed under the contract, any travel defects must be reported to VIVA Cruises at its registered office under the contact information provided. Information on how to contact the tour guide or VIVA Cruises is included in the booking confirmation or is provided at the latest with the travel documents.
The tour guide is charged with remedying the situation, provided this is possible and does not entail disproportionate costs, taking into account the extent of the defect and the value of the travel service concerned. If VIVA Cruises/the tour guide invoke the impossibility or economic inefficiency of the remedy for a considerable part of the travel services, VIVA Cruises shall, if possible, offer the Customer an appropriate, equivalent alternative service comparable to the service agreed upon in the contract. The tour guide is not authorized to recognise claims.
10.3Period allowed for remedy prior to termination of contract
If the Package Tour is substantially impaired by a defect and a Customer wishes to terminate the package travel contract according to section 10 of the Law 186(I)/2017 , provided that it is substantial, he first has to set [VIVA Cruises an appropriate period for remedy. This shall not apply if immediate remedy is necessary or the remedy is refused by VIVA Cruises].
The Customer’s luggage must not contain any weapons and other dangerous objects, narcotics, as well as alcoholic beverages intended for consumption during the voyage. Clause 14.3 of these terms and condition shall apply accordingly. Any luggage containing prohibited objects as provided above may be excluded from (further) carriage.
10.5Damage to, and delayed delivery of, luggage in air travel; special rules and periods for seeking redress
(a)The Customer is advised that any delayed, lost or damage luggage in connection with air travel must be reported by the Customer in accordance with air traffic regulations to the relevant airline without undue delay on the spot by means of a damage report (P.I.R.). Airlines and Tour Operators may refuse refunds on the basis of international treaties if the damage report has not been completed. In the event of damage to luggage, the damage report must be filed within 7 days and in the event of delay within 21 days of delivery.
(b)In addition, the loss, damage or misdirection of luggage must be reported without undue delay to the representative of VIVA Cruises (tour guide) or VIVA Cruises. This shall not release the Customer from filing a damage report with the airline pursuant to paragraph 10.5 (a) above within the periods stated.
11.1 The amount of damages for any harms and/or acts and/or omissions caused by VIVA Cruises during the performance of the package contracts will be agreed reasonably and in good faith between the Tour Operator and the Customer.
11.2 VIVA Cruises is not liable for disruptions to services, personal injury and damage to property in connection with services which are merely arranged by VIVA Cruises and actually provided by third parties (“Third-Party Services”, e.g. excursions, sports events, theatre visits, exhibitions, transport services from and to the specified place of departure and destination) if these services are expressly marked as Third-Party Services in the travel description and booking confirmation stating the arranged contractual partner in such a clear manner that the Customer is able to recognise that these services are not part of the travel services provided by VIVA Cruises. However, VIVA Cruises shall be liable if and to the extent that the violation of VIVA Cruises' duties of information, clarification or organisation were the cause of damage to the Customer.
11.3If international agreements or statutory provisions based on such agreements apply to a travel service to be provided by a service provider, according to which a claim for damages can only arise or be asserted under certain conditions or restrictions or is excluded under certain conditions, VIVA Cruises, in its capacity as the Tour Operator, may invoke the same in its dealings with the Customer.
11.4Where VIVA Cruises acts in the capacity of a contractual or performing air carrier with regard to carriage by air or VIVA Cruises is regarded as such according to statutory provisions, VIVA Cruises’ liability shall be governed by the specifically applicable statutory provisions or those stipulated in international agreements (including the Air Traffic Act, the Montreal Convention).
11.5VIVA Cruises shall not be liable for damage to or loss of personal items (e.g. photographic or film equipment, clothing, jewellery or other valuables) caused by theft, getting lost in any other manner, or excessive physical loads or stresses occurring off board the vessel, unless the damage or loss is due to intentional or grossly negligent conduct on the part of VIVA Cruises. Any and all liability is also excluded for storage or transport in the vehicles used for onshore activities or transfers, unless intentional or grossly negligent conduct on the part of VIVA Cruises has resulted in the damage or loss. VIVA Cruises shall be liable for damage to or loss of cabin luggage in accordance with the provisions of the Regulation 392/2009. Jewellery, cash, or other valuables must be safely stored and transported in the carry-on luggage during arrival and departure (not in the checked luggage).
12.Limitation of actions, assertion of claims
12.1 The claims of the Customer specified Law 186(I)/2017 shall be time-barred in accordance with section 13 of the Law in two years.
12.2 The limitation period starts to run on the day on which the Package Tour is scheduled to end according to the contract. If the last day of that period falls on a Sunday, a public holiday recognised by the state at the place where the notice is given, or a Saturday, the next business day shall take the place of such a day.
12.3If negotiations between the Customer and VIVA Cruises about the claim or the circumstances substantiating the claim are pending, the limitation period shall be suspended until the Customer or VIVA Cruises refuses to continue the negotiations. The limitation occurs at the earliest three months after the end of the suspension.
12.4 In the case of damage to, or delays in the delivery of, luggage in connection with flights in accordance with Clause 10.4, the following shall apply: A claim for damages due to damage to luggage must be asserted within 7 days, a claim for damages due to delayed luggage within 21 days after delivery.
12.5The travel agency only acts as an agent when the travel contract is concluded. It is not authorised to accept the filing of warranty and compensation claims by the Customer after the end of the trip.
12.6Without the consent of VIVA Cruises, Customers may not transfer claims against VIVA Cruises to third parties, either in whole or in part. This does not apply among accompanying family members.
13.Carriage by air and obligation to provide information on the identity of the operating air carrier
13.1If the trip involves air carriage, this portion of the trip shall be governed by the terms and conditions of the airline operating the respective flights (cf. also Clause 11.5 regarding liability), which terms and conditions will be provided by VIVA Cruises on request. The scheduling of these special flights depends on the availability of the airplanes on the charter market and the authorisation by air-traffic control; therefore, early morning or late-night departures or arrivals may therefore occur.
13.2The EU regulation on informing air transport passengers of the identity of the operating air carrier puts VIVA Cruises under the obligation to inform the Customer of the identity of the operating air carrier for any and all air transport services to be provided within the scope of the booked Package at the time of booking.
If the operating airline has not yet been determined at the time of booking, VIVA Cruises is obliged to inform the Customer of the airline(s) which is/are likely to operate the flight(s).
VIVA Cruises must inform the Customer accordingly as soon as VIVA Cruises knows which airline will operate the flight.
If due to changes another airline than the one specified to the Customer will be the operating airline, VIVA Cruises must inform the Customer accordingly. VIVA Cruises must immediately take all reasonable steps to ensure that the Customer is informed of any such changes as soon as possible.
The list of airlines banned from operating within the EU ("Black List") is available on the following website:
14.Passport, visa and health regulations
14.1The Customer must comply with all laws, regulations, directions or provisions of travel (rules and regulations) of the countries and ports affected by the trip, and with all instructions issued by VIVA Cruises and its agents. VIVA Cruises shall inform Customers who are citizens of EU members states about general passport and visa requirements as well as formalities required by health authorities of the country of destination, including the approximate deadlines for obtaining visas, prior to the conclusion of the contract and any changes thereto prior to departure. Citizens of other countries may obtain that information from the competent consulate. This always under the assumption that no special circumstances apply to the person of the Customer and any accompanying persons (such as dual citizenship, statelessness).
14.2The Customer is responsible for obtaining and carrying the travel documents required by the authorities (such as visa, vaccination certificates, online travel permits such as the ESTA authorisation for US travel), any necessary vaccinations and compliance with customs and foreign exchange regulations. Any loss arising from non-compliance with these regulations, e.g. the payment of cancellation costs, fines, penalties and expenses, shall be borne by the Customer, unless VIVA Cruises has not provided any, or has provided only insufficient or incorrect, information. If VIVA Cruises has to pay or deposit sums of money in this connection, the Customer is obliged to reimburse those immediately.
14.3In the event that the Customer fails to comply with the entry rules of individual countries or visa are not granted in time due to the Customer’s fault, so that the Customer is unable to participate in the trip for that reason, VIVA Cruises may charge the Customer with the cancellation fees in accordance with Clause 5. In this case, the Customer has the right to prove to VIVA Cruises that no damage has occurred or that the damage is significantly lower than the lump-sum compensation.
15. Information for persons with reduced mobility and other restrictions
15.1VIVA Cruises wishes to ensure that Customers with physical disabilities can enjoy a pleasant journey on board the ships of its fleet. For this purpose, VIVA Cruises must be informed of any special requests and needs of the Customer due to physical impairments before booking. VIVA Cruises will then always endeavour to help the Customer achieve the best possible travel experience, in particular by checking the suitability of the Package Tour requested by the Customer and providing the Customer with more detailed information in this respect.
15.2The safety of the Customer has priority at VIVA Cruises. For this reason, all Customers who are deaf, in a wheelchair, blind or whose vision is considerably impaired despite vision aids, have to inform VIVA Cruises of their restrictions before booking. Together, we can then ponder the measures that are necessary to ensure the safety of the Customer on board and for any planned excursions (e.g. accompanying person on the journey). If the restrictions only occur after booking, the Customer must inform VIVA Cruises in good time so that any necessary measures can be agreed for the safety of the Customer.
16.Refusal of landing permit, cost of onward journey
If the landing or entry of the Customer and/or the import of his luggage in the designated port or country is refused, VIVA Cruises may transport the Customer and/or his luggage to another port or country called at by the vessel and disembark them there. The Customer must pay VIVA Cruises a fee corresponding to the onward journey and compensate VIVA Cruises for all other expenses incurred in connection therewith. These terms and conditions of travel shall also apply to such onward journey.
VIVA Cruises shall be entitled to provide assistance to other ships, to tow and salvage ships with the vessel used. All such activities, whether previously announced or not, shall be deemed part of the voyage.
The services of the ship's physician – if one is carried onboard - are not part of the package travel contract. In each case, the patient concludes a separate treatment contract with the ship's physician. Only the costs of treatment resulting from an accident caused by VIVA Cruises or its employees on board or during an onshore activity organised by VIVA Cruises shall be borne by VIVA Cruises.
19. Applicable law, jurisdiction, alternative dispute resolution
19.1 Please note that VIVA Cruises is not a legal person; it is the brand name used by Scylla Ocean Ltd for providing and promoting package tour holidays and thus any claims made against VIVA Cruises should be initiated against the company Scylla Ocean Ltd which is the Tour Operator and owner of the brand name VIVA Cruises.
19.1The contractual relationship between Scylla Ocean Ltd and the Customer shall be governed by the laws of the Republic of Cyprus.
19.2The parties hereto agree that the place of jurisdiction for legal actions against the Tour Operator shall be the courts in Limassol, Cyprus. The place of residence of the Customer shall govern the place of jurisdiction for any legal action brought by the Tour Operator against the Customer. As regards actions against Customers who are merchants, legal entities under public or private law, or persons who have their residence or habitual abode abroad, or whose residence or habitual abode is unknown at the time of bringing the action, Limassol, Cyprus shall be agreed as the place of jurisdiction.
19.3.The provisions set forth above shall not apply
a)if and to the extent that provisions of international agreements applicable to this contractual relationship, which cannot be contracted away, provide otherwise in favour of the Customer, or
b)if and to the extent that provisions of a member state of the EU to which the Customer belongs, which are applicable to the package travel contract and cannot be contracted away, are more favourable to the Customer than these provisions or the corresponding Cyprus statutory provisions.
19.4VIVA Cruises points out that it is not participating in voluntary consumer dispute resolution. Should consumer dispute resolution become mandatory for VIVA Cruises after the printing of these travel conditions, VIVA Cruises will inform the Customer accordingly in an appropriate manner. VIVA Cruises refers to the European online dispute resolution platform at https://ec.europa.eu/consumers/odr/ for all travel contracts entered into by electronic legal transaction. VIVA Cruises is not currently participating in this voluntary procedure.
Tour OperatorSCYLLA OCEAN LTD
Karaiskaki 38, KANIKA ALEXANDER CTR, BLOCK 1,
1st floor, Flat/Office 113B, 3032,
Printed: October 2019