Terms & Conditions

Please read these travel conditions carefully before booking your package tour, because you accept them as binding with your booking. The following terms and conditions apply to all bookings and, where effectively agreed, govern the contractual relationship between you and Swan Hellenic Travel Ltd. (hereinafter referred to as "Swan Hellenic Travel") in addition to the legal provisions of EU Package Travel Directive respectively the national law implementation of named directive — as here i.e the Cyprus implementation as "The Package Travel and Linked Travel Arrangements Law Number 186(I) of 2017, or respectively the applicable transition of EU directive 2015/2302 into national law for your country, where the travel modules are offered. The travel conditions supplement and complete these.

Before concluding a package tour contract, we must inform you about the details of your cruise package tour, which are substantial, as well as about your rights under EU Directive 2015/2302. You can find the information on your package tour in the general and specific service descriptions of our tours and these travel conditions. In addition to your rights under EU Directive 2015/2302, we have included the required form on our website, in your travel agency and in the booking systems in which our trips can be booked.

In addition, the General Conditions of Carriage of Passengers and their Luggage by Sea of the Carrier/Shipping Company (conditions of carriage) and the Conditions of Carriage of the Operating Carrier for regular scheduled flights with international airlines apply to flight services. These conditions are available from your travel agent or on request from our call center.

We would like to point out that tour operator within the meaning of the applicable statute as transitional definition of the named EU directive — in the Cyprus "The Package Travel and Linked Travel Arrangements Law 186 (I) of 2017 is exclusively Swan Hellenic Travel Ltd., for all trips offered on the website.

The term "customer" is used below to refer to our contractual partner and the term "traveller" to refer to those persons who actually commence the journey.

We recommend every traveller to take out a travel cancellation insurance, travel interruption insurance and a travel health insurance policy with assumption of the return transport costs of repatriation.

The customer assures that the travellers are fit to travel. Swan Hellenic Travel has the right to demand a medical certificate from the customer stating that the travellers are fit to travel specifically for cruises to remote places like i.e. Antarctica, Arctic Sea and some cruises around Africa. A specific health declaration questionnaire handled by our medical services partner VIKAND will be sent to the customer in due time and completion will become a prerequisite to participate in the cruise.

Persons under 18 years of age may only take part in a journey when accompanied by a person 18 years of age or older with a Power of Representation form signed by the parents (Parental Waiver/Legal Guardian Form). Our Antarctica and Arctica expedition cruises as well as special cruises in remote areas are not suitable for children under 8 years of age. By explicit exception given from the master and the management we allow children below the age of eight but minimum six years to participate in such named expedition cruises, provided that the parents have submitted a corresponding declaration of liability. Depending on the route, the authorization is limited to a maximum number of 1 to 5 children under 8 years. For all other cruises, the minimum age for children is also 6 years with a limited maximum of children per cruise.

Please note that children are not allowed to remain unaccompanied on board whilst parents are on shore excursions or zodiac tours. Full time parental supervision is legally required and parents or legal guardians have to sign the respective waiver. Please note that for children’s participation in zodiac tours including embarkation and disembarkation or tendering in ports they need to be sufficiently tall to sit alone on the inflatable sides of the zodiac and need to understand the instructions and orders given by the staff in charge. This may result in the final decision of the ship’s master and/or the Expedition team leader stopping children participation in a zodiac tour if sea conditions or locations visited does not allow participation for that age for security reasons. Furthermore, Swan Hellenic Travel cannot guarantee the necessary specialized medical care for children.

1.1 With the booking (travel registration) the customer bindingly offers Swan Hellenic Travel the conclusion of a travel contract and at the same time confirms to Swan Hellenic Travel the knowledge of the above mentioned pre-contractual information. Registration is possible in writing, by fax or electronically, in exceptional cases also by telephone. It is made by the applicant also for all participants listed in the registration. The basis of this offer is the travel advertisement with all information contained therein, in particular also with regard to offered flight services, as well as these travel conditions.

Option bookings will be valid for 4 working days and expire automatically if the customer does not confirm this option in the ways described above.

1.2 The package travel contract is concluded exclusively with the written travel confirmation or invoice by Swan Hellenic Travel. The electronic confirmation of receipt of the travel registration as well as a booking form signed at the travel agency, if applicable, do not constitute acceptance of the travel contract. If the travel confirmation is made immediately after pressing the button "Book Now" by the immediate display of the travel confirmation on the screen, the package travel contract is concluded with the display of this travel confirmation. Swan Hellenic Travel is not obliged in case of non-acceptance of the travel request to expressly declare non-acceptance and/or to justify non-acceptance to the customer.

1.3 The customer is responsible for all contractual obligations of fellow travellers for whom he makes the booking as for his own, provided that he has assumed this obligation by express and separate declaration.

1.4 If the content of the travel confirmation deviates from the content of the registration, Swan Hellenic Travel shall be bound to this new offer for 7 days. The travel contract is concluded on the basis of the new offer if the customer accepts the offer by express declaration, down payment, payment of the balance or commencement of travel within the specified period. According to the legal regulations for cruise package contracts concluded at a distance (e.g. via letters, telephone calls, e-mails, telemedia or online services), there is no right of rescission, but only the legal right of withdrawal and cancellation. However, a right of cancellation exists if the contract for travel services has been concluded outside business premises, unless the negotiations on which the conclusion of the contract is based were based on a previous order by the consumer; in the latter case there is no right of rescission.

Swan Hellenic Travel and travel agents may only demand or accept payments on the travel price before the end of the trip, if the security note/bonding information has been handed over to the customer. After conclusion of the contract, a down payment of 20% of the cruise package price is due upon handing over of the security certificate. For suite bookings the down payment will be 30% of the cruise package price. The remaining payment is due 120 days before the start of the trip, provided that the security note has been handed over. For customers in D/A/CH remaining final payment is due 60 days before the start of the trip.

2.2 If the customer does not make the down payment and/or the balance payment in accordance with the agreed payment due dates, and if Swan Hellenic Travel is willing and able to properly provide the contractual services, has fulfilled the statutory information obligations and no legal or contractual right of retention exists on your part, Swan Hellenic Travel shall be entitled, in the event of non-performance of the down payment, to withdraw from the package cruise package contract after issuing a reminder setting a deadline and to charge you with the costs of withdrawal in accordance with section 4.2 sentences 2 to 4.4.

If the agreed cruise package price has not been paid in full by the due date, Swan Hellenic Travel shall be entitled to terminate the package cruise package contract and to claim damages in the amount of the corresponding cancellation fees, provided that there was not already at that time a package cruise package deficiency justifying cancellation. Swan Hellenic Travel shall be entitled to claim damages for non-performance under the conditions of Cyprus Law or similar national law statutes.

If you have booked your trip only 119 days (all markets) or 59 days (D/A/CH markets) before the start of the trip or later, full payment must be made immediately after receipt of the travel confirmation with security note/bonding information. With the travel confirmation/invoice you will receive a security note based on the local law requirements. Swan Hellenic Travel has taken out insolvency bonding according to ACTA Briefing for all cruise only bookings and for all flight inclusive cruise packages to secure your customer deposits and full payments. The respective local security note securitizes a direct claim against the bonding organization in the event of insolvency of Swan Hellenic Travel and its address is sent to you with the travel confirmation.

3.1 The offers and information on the scope of the contractual travel services on our website correspond to the status at the time of publication. The travel prices are based on the current rates of carriage and exchange rates applicable at the time of the travel advertisement. We reserve the right to increase or decrease the prices of unsold cruise packages at any time. We also reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. The price of your chosen holiday will be confirmed at the time of booking. Until the customer’s booking request has been transmitted, however, changes to the services/the package price for the cruise/the scope of services/the ship route/the arrival and departure modalities are possible for objectively justified reasons, which is why Swan Hellenic Travel expressly reserves this right. Swan Hellenic Travel will of course inform the customer of these changes prior to the conclusion of the contract or prior to the submission of its binding contractual offer.

3.2 Swan Hellenic Travel expressly reserves the right to deviations and changes of individual travel services from the contractually agreed content of the package travel contract, which become necessary after conclusion of the contract, as far as these changes are insignificant according to EU Package Travel Directive in the Cypriotic transition or the respective national law statutes in your country where the travel modules are offered. In the case of cruises, changes to the itinerary are possible at any time, e.g. due to official regulations, special circumstances of shipping traffic, medical emergencies, or if a different itinerary becomes necessary in the interest of the safety of the passengers or for weather reasons or related to national or international epidemic or pandemic rules. The captain responsible for the ship shall decide on such changes to the itinerary and/or travel and layover times that become necessary after conclusion of the contract.

3.3 Any warranty claims shall remain unaffected if the changed services are defective.

3.4 Swan Hellenic Travel is obliged to inform the customer of significant changes to the contract immediately after becoming aware of the reason for the change.

4.1 The customer can withdraw from the trip at any time before the start of the trip. Cancellation must be made to Swan Hellenic Travel at the address given below. If the trip was booked through a travel agency, the withdrawal can also be declared to this agency. The customer is recommended to declare the cancellation in writing. The date of receipt by Swan Hellenic Travel or the respective travel agency of the notice of withdrawal shall be decisive for the date of withdrawal.

4.2 If the customer withdraws before the start of the trip or does not commence the trip, Swan Hellenic Travel loses its claim to the travel price. Swan Hellenic Travel may instead demand reasonable compensation insofar as Swan Hellenic Travel is not responsible for the cancellation or insofar as extraordinary circumstances do not occur at the place of destination or its immediate vicinity which considerably impair the performance of the journey or the carriage of persons to the place of destination; circumstances are unavoidable if they are not subject to the control of Swan Hellenic Travel and their consequences could not have been avoided even if all reasonable precautions had been taken.

4.3 The amount of the compensation shall be determined by the travel price less the value of the expenses saved by Swan Hellenic Travel and less what Swan Hellenic Travel acquires through other use of the travel services, which shall be justified by Swan Hellenic Travel at the customer’s request. Swan Hellenic Travel has determined the following compensation level schedule taking into account the period between the notice of withdrawal and the commencement of the journey as well as the expected savings of expenses and the expected acquisition through other use of the travel services. Saved Taxes and Security fees that did not apply will be reimbursed automatically. The compensation will be calculated as follows with the respective cancellation scale after the date of receipt of the notice of cancellation:

Cancellation Fee Schedule

The following cancellation fees apply to all other trips, with the exception of Special Cruise Itineraries with separate cancellation fees listed on our website and on your confirmation invoice:

5.1 If a customer wishes to rebook for another trip, he should ask Swan Hellenic Travel to clarify whether the request can be met. There is no legal right to rebooking. This does not apply if the rebooking is necessary because Swan Hellenic Travel has not provided the traveller with any, insufficient or incorrect pre-contractual information in accordance with EU Package Travel Directive in the Cyprus transition or the respective national law statutes, in your country where the travel modules are offered; in this case the rebooking is possible free of charge. Otherwise, rebooking is only possible if the rebooking takes place on a trip that begins within six months of the original departure date and is more expensive. Changes can only be made up to 61 days before departure and will only be permitted once.

In contrast, changes that only relate to individual travel services (e.g. hotel or flight) as well as pure name corrections that do not represent a change of person are possible at any time before departure. When registering your trip, Swan Hellenic Travel must have your full name with all first names and surnames and the names of all registered travellers congruent with your valid passport. After Swan Hellenic Travel has confirmed the trip, name changes are only permitted for a handling fee of €/GBP/USD/AUD 50.00 per person. Name changes on scheduled flights are only possible in exceptional cases and on request; Swan Hellenic Travel charges a name change fee in line with the conditions of carriage of and requested by the single airlines per person after the issue of the ticket. Depending on the availability of the airports requested, additional surcharges may apply. Pure name corrections in case of incorrect spelling are free of charge.

The customer will be charged EUR/GBP/USD/AUD 100.00 for rebookings and changes as well as fees charged by third parties (airlines fees excluded — see above). The advertised conditions apply to rebookings and new bookings; discounts and special conditions for the trip to be rebooked cannot be transferred.

5.2 Irrespective of this, each customer is free to withdraw from the originally booked trip under the cancellation conditions under Item 4.3 and to book a new trip. This is mandatory for each rebooking request 60 days or later to departure date.

If the traveller does not make use of individual travel services which have been duly offered to him as part of his package for reasons attributable to him (e.g. early return or other compelling reasons), he shall not be entitled to pro rata reimbursement of the travel price. Swan Hellenic Travel will endeavour to have the saved expenses reimbursed by the service providers. This obligation shall not apply if the services concerned are completely insignificant or if reimbursement is contrary to statutory or official provisions.

Swan Hellenic Travel may terminate the Travel Contract without notice if the Traveller:

• a)has not notified any unfitness to travel known to him before the start of the journey;
• b)knowingly misstated his age;
• c)is, in the judgement of the master or the ship’s doctor, incapable of travelling because of illness, infirmity or any other cause i.e. pandemic suspect;
• d)is dependent on company, but travels unaccompanied;
• e)during the performance of a voyage, notwithstanding a warning from Swan Hellenic Travel or the ship’s management, causes lasting disruption or behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified;
• f)booked with false personal or nationality details;

8.1 Notification of Defects

If the trip is not carried out in accordance with the contract, the traveller can demand remedy. To the extent that Swan Hellenic Travel was unable to remedy the defect due to a culpable omission of the notice of defects, the Traveller may neither assert claims for a reduction of the purchase price pursuant to EU Package Travel Directive in the Cyprus transition or the respective national law statutes, in your country where the travel modules are offered, nor claims for damages pursuant to damage of tort definition or the respective national law statutes, in your country where the travel modules are offered.

Insofar as the notice of defects is not recognisably futile or unreasonable for other reasons, the traveller can immediately notify the cruise package guide at the holiday destination of this or on board the vessel. If a cruise package guide is not available on site, the customer may notify Swan Hellenic Travel of any travel defects at its registered office. The customer will be informed about the availability of the cruise package guide or of Swan Hellenic Travel in the service description, at the latest, however, with the travel documents. The cruise package guide shall be instructed to remedy the situation as far as this is possible. However, he is not authorized to recognize claims of the traveller. The customer can demand a reduction of the travel price corresponding to the reduced performance if, despite his request for remedy, travel services or substitute services accepted by him were not provided in accordance with the contract.

8.2 Deadline Prior to Termination

If a customer wishes to terminate the travel contract in accordance with EU Package Travel Directive in the Cyprus transition or the respective national law statutes, in your country where the travel modules are offered, due to a significant deficiency in travel as described in EU Package Travel Directive in the Cyprus transition or the respective national law statutes, in the country where the travel modules are offered, insofar as it is substantial, he must first set Swan Hellenic Travel a reasonable deadline for remedial action. This only does not apply if remedy is refused by Swan Hellenic Travel or if immediate remedy is necessary. If the cruise package is then significantly impaired as a result of the non-contractual provision of services, the customer may terminate the package cruise package contract. If the contract is cancelled thereafter, the customer shall retain the right to repatriation if the contract included repatriation. Swan Hellenic Travel shall bear the additional costs of the return transport. Cases of unforeseeable, extraordinary circumstances which do not affect any travel services provided by Swan Hellenic Travel do not entitle the customer to withdraw from the package travel contract free of charge.

9.1 The contractual liability of Swan Hellenic Travel for damages that do not result from injury to life, body or health (including liability for injury before, in addition to, or after contractual obligations) is limited to three times the cruise package price, insofar as damage to the customer is caused neither intentionally nor by gross negligence or insofar as Swan Hellenic Travel is responsible for any damage incurred by the customer solely due to the fault of a service provider. Any further claims based on international agreements shall remain unaffected by this limitation of liability.

For all claims for damages against Swan Hellenic Travel based on tort, which are not based on intent or gross negligence, the liability for property damage is limited to three times the travel price. These maximum liability sums apply per customer and trip. Any further claims based on international agreements shall remain unaffected by this limitation of liability.

9.2 If Swan Hellenic Travel is appointed as a contractual shipowner, liability shall be governed by the special international conventions or statutory provisions based on such conventions. Carriage by sea is subject to the liability provisions of the Athens Convention 1974 and the Protocol thereto 2002 as well as the IMO Reservation and the IMO Guidelines for the Implementation of the Athens Convention, which have been implemented in the European Community by Directive 392/2009 for the Carriage of Passengers by Sea. The provisions of this paragraph shall not apply only if the provisions referred to in point 9.1 lead to a lesser claim on Swan Hellenic Travel.

The liability of Swan Hellenic Travel for the loss of and damage to luggage, mobility aids and other special medical equipment used by customers and/or their fellow passengers with reduced mobility is excluded if the customer and/or fellow passenger does not notify Swan Hellenic Travel of the damage at the latest at the time of disembarkation or at the latest 15 days after disembarkation in the case of damage which is not recognizable. A written notification is not required if both parties have already jointly determined the damage within the period.

10.1 All contractual claims of the customer shall become statute-barred after two years. The claims for damages under maritime law due to death, damage to body or luggage become statute-barred after two years. Claims arising from tort shall become statute-barred within three years unless they also arise under the provisions of the Cyprus Commercial Code on maritime liability.

10.2 The limitation period begins on the day on which the trip should end according to the contract. If the last day of the period falls on a Sunday, a public holiday recognized by the state at the place of declaration or a Saturday, the next working day shall take the place of such a day.

10.3 If negotiations between the customer and Swan Hellenic Travel concerning the claim or the circumstances justifying the claim are pending, the statute of limitations shall be suspended until the customer or Swan Hellenic Travel refuses to continue the negotiations. The limitation period shall commence at the earliest three months after the end of the suspension.

10.4 Swan Hellenic Travel operates a modern, fast and fair complaints management system. This is attainable for its customers under concierge@SwanHellenic.com. Swan Hellenic Travel does not take part in a consumer dispute settlement. If a consumer dispute resolution would become obligatory for Swan Hellenic Travel after printing of these trading terms, Swan Hellenic Travel informs the consumers about it in suitable form. Swan Hellenic Travel refers to the European Online Dispute Resolution Platform for all contracts concluded.

The EU regulation on informing passengers of the identity of the operating airline obliges Swan Hellenic Travel to inform the customer of the identity of the operating airline of all air transport services to be provided within the scope of the booked journey at the time of booking. If the operating airline has not yet been determined at the time of booking, Swan Hellenic Travel is obliged to inform the customer of the airline or airlines that will probably operate the flight. As soon as Swan Hellenic Travel knows which airline will operate the flight, Swan Hellenic Travel will inform the customer. If the airline named to the customer as the operating airline changes, Swan Hellenic Travel will inform the customer of the change. Swan Hellenic Travel will immediately take all reasonable steps to ensure that the customer is informed of the change as soon as possible.

The list of airlines banned from EU operations is available at: transport.ec.europa.eu/transport-themes/eu-air-safety-list

The personal data provided by the customer to Swan Hellenic Travel will be electronically processed, stored and used to the extent necessary for the execution of the contract, for the processing of the trip, for customer support or for the fulfilment of statutory provisions. In addition, if the customer has agreed to this, the data will be used for market research purposes and to send current information and offers. Swan Hellenic Travel processes the booking order on the basis of the GDPR, taking into account the applicable data protection regulations.

The customer has the right to object to this further use of data at any time or to revoke the consent given for the aforementioned purposes at any time. For this purpose, the customer shall contact Swan Hellenic Travel, data protection officer, address Cyprus, by e-mail to dpo@SwanHellenic.com or by post to Swan Hellenic Travel. The customer can find more details in the Swan Hellenic Travel Data Protection Declaration.

Agreement to Receive Text Messages

Will I be charged for the text messages I receive?

Sharing:

14.1 Unless otherwise stipulated for the benefit of the customer in regulations or international conventions which are mandatory for the travel contract, the entire contractual and legal relationship between Swan Hellenic Travel and the customer shall be governed exclusively by Cyprus law.

14.2 Complaints against Swan Hellenic Travel shall be brought before the competent local and factual courts for the registered office of Swan Hellenic Travel Ltd. — Cyprus, unless mandatory statutory provisions or international agreements stipulate otherwise.

14.3 The place of jurisdiction for actions brought by Swan Hellenic Travel against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad, or whose place of residence or habitual abode is unknown at the time the action is brought, shall be the registered office of Swan Hellenic Travel in Nicosia — Cyprus.

14.4 The invalidity of individual provisions of the travel contract and/or these travel conditions shall not result in the invalidity of the entire travel contract or the entire travel conditions.

Form for Informing the Traveller of a Cruise Package in Accordance with EU Package Travel Directive

The combination of travel services offered to you is a cruise package within the meaning of Directive (EU) 2015/2302.

You can therefore take advantage of all the EU rights that apply to package travel. Swan Hellenic Travel Ltd. is fully responsible for the proper execution of the entire package. In addition, Swan Hellenic Travel Ltd. has the statutory security to repay your payments and, if the transport is included in the package, to secure your return transport in the event of its insolvency.

• —Passengers will receive all essential information about the package prior to the conclusion of the package travel contract.
• —At least one contractor is always liable for the proper provision of all travel services included in the contract.
• —Travellers receive an emergency telephone number or contact details of a contact point where they can contact the tour operator or travel agency.
• —Travellers may transfer the package to another person within a reasonable time and possibly at additional cost.

Insolvency Protection

Swan Hellenic Travel Ltd. has concluded insolvency bonding with ACTA: