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1. General scope of applications
1.1 The principal acts as the responsible tour operator towards passengers.
1.2 The principal must take out adequate liability insurance for damage to individuals and property for the trip.
1.3 The principal will not word the descriptions of the holiday and/or arrange the processing of contracts with passengers in a manner that could give the impression that NT (nicko tours) is the operator or one of the operators of the holiday.
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2. Bilingual Ships
Ten of our 28 charter ships feature bilingual on-board life in both German and English. (Donau - MS RIVER NAVIGATOR and MS SERENITY, Rhine - MS ALEMANNIA, Rhône - MS PRINCESSE DE PROVENCE, Elbe - MS FREDERIC CHOPIN, Seine - MS CEZANNE, Russia - MS SIMONOV, Ukraine - MS VATUTIN, Nil - MS NILE EXCELLENCE, Yangtze - MS CENTURY DIAMOND). All announcements, menus, daily programmes etc. will be available in German and English. Excursion programmes for those bilingual cruises are operated with an English speaking guide. For our other ships German is the only onboard-language. However if you are arranging a closed group and an accompanying tour guide, you are most welcome aboard all our ships. Excursions can be arranged for foreign language groups (therefore minimum 30 persons are required).
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3. Excursions
Excursions during the cruises with one of our seven bilingual vessels are operated with English and German speaking guides, excursions our non-bilingual vessels in German only. Excursions for all vessels can also be arranged in other languages for groups of 30 guests minimum (on request).
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4. Travel to/from port
Travel to/from port of embarkation/disembarkation needs to be organized individually. Please note that should flight or train delays occur, the vessel cannot wait in the port of embarkation. In such cases the transfer to the next port, where embarkation is possible, must be arranged individually. For informing the ship about delays please call the emergency hotline of nicko tours (Phone 0049-163 765 68 60).
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5. Visa
Please inform your guests in good time that all necessary papers and documents needed for the cruise are valid and correct. May we draw your attention to the fact that the tour operator is responsible for all travel documents and (where needed) visas and for organizing any necessary inoculations. Failure to follow these regulations may result in a refusal to allow the guest to undertake all or part of the journey and thus involve the guest in considerable extra expense. Should the lack of appropriate documentation lead to being refused permission to travel, there can be no refund of payments already made.
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6. Insurance
May we draw your attention to the fact that the tour operator is responsible for any travel insurance for the guests.
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7. Free Places per group
Per 25 full paying clients, we grant 1 free place (bed) in the most booked category (max. 2 per cruise) (25 +1), China (15+1).
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8. Description of the cruise, services
The description of the cruise will be produced in cooperation between the principal and NT (Nicko Tours). The description of the cruise and ship will ultimately be approved by NT. You will find the itineraries at www.nicko-tours.com under “Travel Agents Login” and “Brochure modules”.
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9. Group Conditions
9.1 Non-guaranteed Allotments (on bilingual ships only)
A group allotment is based on a number of cabins in different categories (in case of a ship with up to 140 beds we allocate a maximum of 10 cabins to groups and for a larger ship – i.e. with more than 140 beds - the allotment rises to a maximum of 15 cabins). The non-guaranteed allotment is subject to reduction at nicko tours discretion, if there are requests and the Operator has not delivered names yet.
Provided that names are reported we grant an Early Booking Discount for all bookings before 30th of November 2009 or 31st of January 2010.
9.2 Fixed Allotment (Partly guaranteed Allotment)
The Fixed Allotment exists for groups which exceed 11 cabins (for ships with a capacity of up to 140 beds) or 16 cabins on a larger vessel (i.e. with more than 140 beds).
A Fixed Allotment guarantees you a specific number of cabins – right up to the day of departure. You have to guarantee and pay for 75% of the allotment. (Full or empty)The remaining 25% will be dealt with as a non-guaranteed allotment.
The number of beds booked at your risk (guaranteed cabins) will receive the Early Booking Discount valid at the date of your signature on the sales agreement, irrespective of the date you confirm final passenger numbers to nicko tours.
Example:
Your allotment is for 40 beds – thus, the guaranteed proportion of 75% = 30 beds.
The remaining 10 beds are then treated as a non-guaranteed allotment. For these beds the appropriate Early Booking Discount applies, provided that names are reported within the period applicable. We recommend a Fixed Allotment as it guarantees a secure and long-term booking and offers you or your clients a more attractive price.
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10. Payment conditions
10.1 For fixed allotments, a deposit of 10% of the booked sale is required within 14 days of conclusion of the contract. If NT does not receive the deposit within 14 days of issuing the invoice, NT can release the allotment or a part thereof elsewhere. This does not affect the principal’s obligation to pay for the fixed part of the allotment.
10.2 The balance of the full price for the voyage (balance as per deposit invoice and subsequent bookings) is due 30 days before the trip.
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11. Cancellations
11.1 In the event of the cancellation of firmly accepted allotments, 100% of the price of the trip is required.
11. 2 The following charges will apply for cancellations of named bookings:
a) Up to 120 days before the departure date, 5% of the price of the trip.
b) Between 119 and 60 days before the date of departure, 20% of the price of the trip.
c) Between 59 and 30 days before the date of departure, 40% of the price of the trip.
d) Between 29 and 15 days before the date of departure, 60% of the price of the trip.
e) Between 14 days and 1 day before the date of departure, 80% of the price of the trip.
f) On the day of travel or in the event of a no-show, 90%.
g) The cancellation charge will be at least EUR 50.
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12. Changes in performance, guarantee, termination by the principal
12.1 NT is free to make changes to the programme – in particular, shorter or longer laytimes – to the sequences of the trip and/or of the sightseeing that do not result in significant changes to the travel services; no claims will be accepted by the principal.
12. 2 NT reserves the right to change to a ship of at least the same quality and standard. In the event of circumstances for which NT cannot be held responsible – e.g. high or low water, fog, technical faults, official regulations or other issues that are outside NT’s sphere of influence – NT will be entitled to use other forms of transport. This will not affect any claims for reduction by the principal, although they will be limited to the extent that the remuneration claimed by NT for services rendered (meals, accommodation, sightseeing, excursions) remain unaffected.
12. 3 In the event of cancellation of individual services (e.g. individual meals, sightseeing, excursions), the principal’s entitlement will be limited to a reduction of the proportional value of the non-rendered service.
12. 4 In all cases of interruption to or failure of the services, the principal’s entitlements will be limited to the right to reduction. This does not affect the principal’s rights of recourse against NT on the grounds of personal injury or death of a participant. The principal’s participants have no right to recourse against NT resulting from claims for compensation for lost holiday time. The principal is urgently advised to take out personal property and injury insurance to safeguard against this liability risk.
12. 5 The principal will only have the right to cancel the contract in the following case:
a) in the event of cancellation resulting from force majeure or any other reason that was not caused by NT and for which NT is not responsible.
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13. Complaints
13.1. The principal is obliged to inform his participants that the nicko tours cruise manager is to be notified of any faults that occur during the voyage without delay. If it is not possible to rectify these issues on board, then the principal must claim the right to regress on the grounds of NT’s failure to provide acceptable services resulting from claims by his participants within six weeks of the end of the voyage.
13.2. The principal will inform NT without delay of the receipt of complaints by his participants, and send copies of the relevant correspondence.
13.3. The principal will not accept the reason for or amounts of any claims by the principal without NT’s approval.
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14. Termination by nicko tours (NT)
After commencement of the journey, NT will be at liberty to terminate the journey in its entirety or in regard of individual participants if the principal or individual participants disturb the performance of the journey irrespective of warnings to desist by NT or its agents or representatives or if the principal or individual participants behave in a manner that is contrary to the contract to such an extent that instant termination of the contract is justified. If NT terminates the contract, then it retains the right to the price of the voyage although it must account for the value of the saved costs and expenses and those advantages that it would receive in the event of the services not utilised in this instance being used elsewhere, including any credited amounts from service providers. The agencies and tour leaders used by NT are expressly authorised to represent NT’s interests in these cases.
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15. Services not utilised
If individual travel services are not used by the principal or his participants as the result of early return because of illness or for any other reason for which NT is not responsible, then the principal will not have any right to claims against the principal. NT will reimburse passengers the amounts saved from any services that are not utilised as soon as they are reimbursed to NT by the service provider and in the corresponding amount.
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