PARTIES: In these terms and conditions, “you,” “guest,” “traveler,” “passenger” or “participant” refers to the person booking, purchasing or traveling on the cruise, and to individuals traveling as part of that person's reservation. “A-ROSA” refers to A-ROSA Flussschiff GmbH, headquartered in Rostock, Germany. “We” or “us” refers collectively to A-ROSA; David Morris International, Inc. (“DMI”), California corporation #3226374, headquartered in Newport Beach, California, as a representative of A-ROSA Cruises in North America; and Auto Europe, as the merchant of record for A-ROSA in the USA, Australia and Canada. A-ROSA offers the travel and enters into these terms and conditions with you pursuant to arrangements A-ROSA has made with DMI and Auto Europe.
RESERVATIONS AND FINAL PAYMENT: To confirm a standard reservation, a deposit of 20% per person is required within seven days of placing the reservation (three days if departure is within 90 days or close to sold out). Final payment is due no later than 60 days before departure (due within one business day of making a reservation that is accepted less than 60 days before departure). Late or non-payment may result in reservation being cancelled. For a promotional cruise and/or land vacation, special payment terms may be required, and will be stated when reservation is made. All payments shall be in U.S. Dollars and made by VISA, MasterCard, AMEX, Discover & Diners Club credit cards.
PRICING: Brochure prices are per-person, based on double occupancy of a cabin, or standard hotel room, unless indicated otherwise. Cruise only single supplement rates vary by category and by date. Single rates for land accommodations are also subject to availability & vary by property. Pricing accuracy is assured only at time of printing. If any of the cost factors increases, such as transfers, tours, port or dock charges, fuel, taxes, surcharges, currency exchange or other costs, we reserve the right to increase the prices of the cruise or cruise tour without notice.
AIRFARES: Optional air add-ons are available from most U.S. and Canada gateways. In addition, an air deviation fee of $50 per person plus any difference in the airfare will be charged once a guest requests a change in the itinerary has been confirmed once purchased and the guest has accepted the new itinerary. Airfares, fees and taxes quoted on invoices are guaranteed only when full payment is received as required on the invoice.
PRICES INCLUDE: Published prices are per person and include port charges, taxes & fees, cruise transportation, laundry services in Categories E and F, Wi-Fi, onboard food and beverages including alcoholic and non-alcoholic drinks available throughout the ship, gratuities and a 125 to 200 euro per person onboard credit for shore excursions, depending on length of the cruise. Certain beverage brands and service by the bottle may have a premium charge.
SHORE EXCURSIONS: Shore excursions are available for viewing to guests approximately 6 months prior to sailing. Excursions are subject to availability and may be restricted by the number of people who can participate. Guests should be aware that they may also be subject to terms and conditions imposed by local excursion operators. Payment for any optional excursions the guest requests will be charged to the guest’s onboard account. No pre-payment for excursions is available prior to sailing. Confirmed reservations of excursions may be cancelled provided that the guest gives at least three days’ notice prior to the date of the excursion. Excursions cancelled less than 72 hours prior to the scheduled departure time are non-refundable. We reserve the right to cancel or substitute an included excursion.
PASSPORT AND VISAS: A valid passport is required for each US participant. Passports must be valid for at least six (6) months after the scheduled return date to the USA. A non-US citizen must consult his or her appropriate consulate regarding visa and other document requirements. Obtaining required visas and any other required travel documentation, and assuring these are complete and correct in all respects, is the sole responsibility of each participant. We are not in a position to obtain or verify the accuracy or completeness of any participant’s visa or other required documentation and shall not be responsible or liable for any delay or missed portion of any cruise or cruise tour or other problems resulting from the participant lacking the appropriate travel documentation.
Please note: All guests must fill out the manifest details on a form provided to them by Reservations once final payment has been made, but no later than 30 days prior to the cruise. It must be returned to [email protected]
TICKETS: Only after receipt of full payment, travel documents, including air tickets, will be sent electronically approximately 3-4 weeks prior to departure. Delay in full payment will delay delivery of travel documents.
AIR TICKETS: Airline and flight schedules are determined based on flight and seat availability of contracted carriers. Airlines require your name to appear on your airline ticket exactly as it appears on your passport. Each Participant must ensure that the name on his or her airline ticket exactly matches the name on his or her passport. We shall not be responsible or liable for the consequences of the name on an airline ticket and a passport not matching exactly. An effort will be made to obtain direct flights, but these may not always be available. Thus, air scheduling may involve connections and/or overnight travel. We shall not be responsible or liable for costs resulting from lost air ticket, delay, disruption or cancelled flight, lost baggage or a missed connection. A lost air ticket is solely the passenger’s responsibility to remedy with the airline, including but not limited to filing a Lost Ticket Application with the airline.
CHANGES: Air tickets that we issue have restrictions. For example, they cannot be reissued, transferred, or exchanged unless approved by the carrier and a fee may be charged by the carrier. A change request must be made through AROSA Reservations, but may not always be possible. In addition to any fees that may be charged by an airline, A-ROSA will charge an administrative fee of $50 per ticket for any change, reissuance, transfer or exchange of an air ticket. Ticket restrictions apply and appear on the invoice of your eTicket. If in doubt, always ask Reservations for full cancel and change policies if it is not clear. In addition, name changes on cruise booking may be requested before final payment as long as one guest remains the same, for a fee of $50 per person. No name changes are allowed within 60 days of travel.
LIMITATION ON SPECIAL REQUEST OF AIRLINE: As a courtesy, we may try to relay to an airline a passenger request for particular airline seating or meal, frequent flyer miles, or other assistance. We have no authority to grant a request, which is up to the airline. Whether or not we relay a request to an airline, you and/or your travel agent must always confirm directly with the airline regarding any such request.
CLOTHING: Resort casual during the day and elegant casual wear is recommended for the evening. Jackets & ties are optional for the men. We request that shorts, t-shirts or tennis shoes not to be worn during dinner.
BAGGAGE: Please check with the airline regarding their baggage allowance. Most airlines limit checked bags to either one or two pieces per person, and limit carry-on baggage to one piece per person, in either case, with weight and size restrictions. We shall not be responsible or liable for costs or consequences of participant exceeding the airline’s baggage restrictions, or for loss, theft, damage or delay to participant’s baggage. We encourage you to purchase a travel protection plan that also includes coverage for baggage.
TRANSFERS: Group transfers are available for purchase on the day of embarkation and disembarkation between the airport and ship. Private transfers can be purchased for any other day of travel. Transfers between an airport and hotel are included only when a pre or post hotel package is purchased through A-ROSA Reservations.
CHILD POLICY: All guests under the age of 18 are to be in a cabin with an adult, and must remain supervised at all times, and their safety is the responsibility of the accompanying adult(s). Children 2 to 15 years old sail free in 2015 when using the existing bedding in the cabin and are accompanied by at least 1 adult. If the accompanying adult is not a parent or legal guardian, written permission from the parent or legal guardian is required. Please be aware that cabins with French Balconies/Full Balconies may be unsafe for small children if left unsupervised and are not recommended for children under the age of 7. By confirming the reservation with payment, the guest/travel agent acknowledges that they are aware and will comply with these terms and conditions.
CANCELLATION CHARGES: In the unfortunate event a participant must cancel travel, notice to us must be via email to [email protected], which must include a return receipt and read notation, or other writing stating clearly and correctly each passenger’s name, ship name, start and end date of the cruise and a brief statement of the reason for cancellation. Other forms of notice are not sufficient. The cancellation date is the date on which we receive the written cancellation notice. A name change or substitution of participant is also treated as a cancellation in that all cancellation charges apply. Please see “Changes” clause above for exceptions.
Cancellation Penalties are per-person, based on the cancellation date, as follows:
Days Prior To Sailing: Cancellation Penalty:
Deposit - 121 10% of the total fare per person 61 – 120 15% of the total fare per person 31 – 60 50% of the total fare per person 0 – 30 100% of the total fare per person
Cancellation charges also apply to additional charges for upgrades, transfers and other pre-purchased services. Insurance premiums are strictly non-refundable. After travel begins, there is no refund for unused services, or unused portions of any cruise or cruise tour.
Exception: Up to 61 days or more before sailing, passengers may request to change from one sailing date to another leaving in the same year and standard Cancellation Penalties will be waived. Instead, an administrative fee of $50 per person will be charged to cancel and rebook guests. If guests cannot book within the same year or request within 60 days of sailing, standard Cancellation Penalties will apply.
TRAVEL PROTECTION PLANS: TO REDUCE OR MANAGE YOUR RISKS OF FINANCIAL LOSS AND OTHER LOSS ARISING FROM CANCELLATION OR DELAY OF TRAVEL, INJURY, DEATH, LOSS OF OR INJURY TO PROPERTY, AND OTHER RISKS, YOU ARE ENCOURAGED TO OBTAIN A TRAVEL PROTECTION PLAN / TRAVEL INSURANCE POLICY. We offer a travel protection plan issued by Travel Guard, an independent provider of travel protection plans. They are not affiliated with us, and we disclaim any responsibility for them or their plan. Other forms of travel protection are also available. Ask your agent for information.
CRUISE AND CRUISE TOUR ITINERARIES: We seek to provide services as published or stated in the final documents. But deviations to planned cruise, cruise tour itinerary or any other aspects of the travel may occur. If conditions make cruise routes unsafe for navigation or in other respects, or raise sufficient doubt about safety, we reserve the right to modify or provide alternate services. These may include, but are not limited to, providing accommodation on the docked ship and/or substituting ground arrangements. An effort will be made to try to arrange elements of the cruise and cruise tour similar to those originally planned but the level of similarity may vary. Such changes will not entitle you to any credit or a refund. Cruise, cruise tour routes, and all other aspects of the cruise and travel are subject to change with or without notice.
ACCOMMODATIONS: We will seek to use hotels listed (if any) as indicated on our web site and brochures. Changes may be necessary; therefore use of such hotels is not assured. An effort will be made to substitute similar hotels. The level of similarity may vary. Standard policy for hotels in Europe is to have rooms available for check-in no earlier than 3:00 p.m.
PERSONAL CHANGES: Personal deviation from itinerary in the brochure for a packaged land program or other reason will not entitle participant to any reduction in charge. Participant will bear a full charge for any unused long haul transfer(s).
CANCELLATION: We reserve the right to cancel, change or postpone any departure date and itinerary. If a cruise or cruise tour is completely cancelled, we will refund monies paid for the cruise or cruise tour to those participants who have not previously cancelled.
DISABLED GUESTS: Please take notice and be aware that A-ROSA vessels do not have elevators and that this should be taken into account when making your choice. If you have a disability and reasonable accommodation may enable you to use the services, please let us know how you believe we can help. You must inform us in writing, at or immediately after making the reservation, but in any event as early as possible, of any mobility impairment or other condition, whether physical, emotional or mental, which may require accommodation or use of an assistive device during the travel. If the impairment or condition first arises after making the reservation, you must inform us in writing as early as possible. We may consider, and may confer with you, the cruise operator, airlines, hotels and other service providers regarding possible accommodations. A reasonable effort will be made to accommodate special needs, but we are not responsible for denial of service by carriers, hotels, or other independent suppliers. A participant, who, due to impairment, is not self-sufficient, may be required to travel with a companion who shall take responsibility for assistance needed during the travel and in case of emergency. An individual with a disability that would result in a direct threat to the health and safety of others or to that individual may be excluded, if it is determined there is a significant risk that cannot be eliminated or reduced to an acceptable level by reasonable accommodations, policies, practices, procedures assistive devices or services. If you fail to timely inform us of any impairment or condition, and it is determined based on information that you should have provided, that participation poses a safety risk to you or direct health or safety threat to others, you may be excluded from parts or all of the travel. We shall have no liability to you relating to any condition, treatment, failure to inform us of an impairment, or resulting exclusion.
PREGNANCY: For the safety of parent and child, and depending on various circumstances, passengers who are at an advanced stage of pregnancy (after 6 months) may be subject to restrictions or exclusion concerning their ability to travel and/or board a ship. Please inform us immediately, so we can assess your personal circumstances and possible accommodation.
MEDICAL: Medical doctors are not available on any A-ROSA vessels. If other medical services are required, efforts to contact local medical providers will be made. A guest requiring such assistance is solely responsible for all related charges. We will not be responsible or liable for sufficiency of effort to reach medical providers, unavailability, delay, quality or other aspect of any such services. Guests are encouraged at time of booking and well before departure, to review their health and medical conditions and insurance and consult with their health care and insurance providers regarding needs and scope of coverage for any incident or need occurring during travel, and to obtain supplemental health and medical insurance for the travel.
SMOKING: Smoking is permitted only on the ship's Sun Deck outside in designated areas and is not permitted elsewhere.
DIET: Special dietary requests must be provided prior to 121 days before sailing when cancellation penalties begin. An effort will be made to provide the request, but we reserve the right to deny proposed dietary requests if we are unavailable to accommodate them.
DISCLAIMER OF RESPONSIBILITY: DMI and Auto Europe have made arrangements with A-ROSA, and A-ROSA arranges with others to provide certain of the services described in these terms and conditions and any accompanying materials. Transport on other forms of transportation (“transport”) is provided by third party owners, operators and charterers (“supplier(s)”). Suppliers are separate entities and are not principals, agents, employees or partners of DMI, Auto Europe or A-ROSA. We do not own or operate transport services. Accordingly, WE DISCLAIM RESPONSIBILITY AND LIABILITY FOR, AND PARTICIPANT WAIVES, RELEASES AND ACKNOWLEDGES THAT THERE SHALL NOT BE ANY CLAIM OR RECOURSE AGAINST US FOR OR AS A CONSEQUENCE OF BREACH OF DUTY, BREACH OF CONTRACT, NEGLIGENT OR WILLFUL OR INTENTIONAL ACT, FAILURE TO ACT OR OMISSION BY ANY SUPPLIER. Supplier and participant obligations and liabilities are subject in each case to the terms and conditions of each supplier’s contract of carriage or other supplier terms and conditions, and any and all applicable laws and regulations and international conventions that apply, including, but not limited to choice of law, jurisdiction of disputes and limitations of liability and limitations on timing of claims. PARTICIPANT AGREES THAT DMI, AUTO EUROPE AND A-ROSA SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS (INCLUDING PERSONAL INJURY, DEATH, AND LOSS OF OR DAMAGE TO PROPERTY) OR EXPENSE CAUSED BY ANY ACT OR OMISSION OF ANY SUPPLIER PROVIDING SERVICES, OR ANY PROVIDER OF A TRAVEL PROTECTION PLAN, OR INSURER, OR OF ANY OTHER PERSON. If the services of a supplier cannot be delivered or there are changes in any planned service for any reason beyond our control, we will make an effort to arrange similar services. Any resulting additional expenses will be the participant’s responsibility.
LIMITATION OF LIABILITY: REGARDLESS OF ANY OTHER PROVISIONS IN THESE TERMS AND CONDITIONS OR ANY ACCOMPANYING MATERIALS, DMI’S, AUTO EUROPE’S AND A-ROSA’S LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, DUE TO OUR BREACH HEREOF, PERSONAL INJURY, DEATH, LOSS OF OR DAMAGE TO PROPERTY, EMOTIONAL DISTRESS, OR MENTAL SUFFERING OR OTHER PSYCHOLOGICAL INJURY), REGARDLESS OF WHETHER OCCURRING BEFORE THE START OF TRAVEL, AFTER TRAVEL HAS BEGUN, AFTER COMPLETION OF THE TRAVEL, OR IN MORE THAN ONE SUCH PERIOD, AND REGARDLESS OF WHETHER DUE TO THE ACCIDENTAL, NEGLIGENT, GROSS NEGLIGENT OR WILLFUL OR INTENTIONAL ACT OR OMISSION OF ANY PERSON OR ENTITY, OR ANY OTHER CAUSE WHATSOEVER, SHALL NOT EXCEED THE AMOUNT PAID FOR THE TRAVEL. WITHOUT LIMITING THE FOREGOING, YOU HEREBY AGREE THAT WE SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INDIRECT OR EXEMPLARY DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE EXISTENCE OF CIRCUMSTANCES GIVING RISE TO SUCH DAMAGES.
FORUM AND JURISDICTION FOR LEGAL ACTION: These terms and conditions are deemed to be made, accepted and entered into in Rostock, Germany. These terms and conditions and the rights and obligations of the parties, and any legal or equitable action concerning the interpretation, enforcement, or claimed breach of any term, obligation, or duty as contained in or related to these terms and conditions or arising from these terms and conditions, shall be interpreted, construed and governed by the internal laws of Germany, to the exclusion of the courts of any other country, state, city, county or locale. You agree to consent to jurisdiction and waive any objection that may be available to any such action or proceeding being brought in such courts and waive the right to a jury trial.
TIME LIMIT FOR NOTICE OF CLAIMS AND FILING LEGAL ACTION: You agree that any notice of claim against us of any nature whatsoever which is connected to, related to or arising from these terms and conditions must be received by us in writing within 30 days after the date of completion of the cruise or cruise tour. No lawsuit may be maintained against us unless the lawsuit is commenced no later than six months after the date of completion of the cruise or cruise tour, and valid service of the lawsuit on us is made within 30 days after commencement of the lawsuit.
ACCEPTANCE OF THESE TERMS AND CONDITIONS: You are deemed to have consented to these terms and conditions upon the earlier to occur of your payment of a deposit or the full amount due, as applicable, or our issuance of final documents to you. You acknowledge and agree that we accept your booking subject to the condition that you accept these terms and conditions. No person, other than an authorized representative of us, is authorized to vary, add or waive any term or condition in this brochure. To be effective, any variance, addition or waiver must be in writing, signed by our authorized officer. You acknowledge the travel contemplated by these terms and conditions is voluntary; you are not obligated to purchase services from us or any particular provider, or at all, and thus you are not obligated or forced to enter into or accept these terms and conditions. These terms and conditions were developed to achieve a delicate balance and exchange of rights, remedies, limitations, exclusions, risks and risk management and economics between us; and the balance provides substantial benefits to you, which we could not offer at the attractive price(s) offered but for that delicate balance. Absent that balance, prices would be much higher and services would be reduced.
INTERPRETATION: Headings in these terms and conditions are only for convenient reference and shall not be used to interpret, construe, define or limit any provision. Whenever logical in the context, references to the singular shall include the plural, and vice-versa. These terms and conditions shall be interpreted and construed according to their fair meanings and not strictly for or against any person or entity.
SEVERABILITY: If any provision of these terms and conditions is found by a court having jurisdiction to be invalid or unenforceable for any reason(s), such provision shall be deemed to be severed and of no force and effect and all remaining provisions shall remain in full force and effect.
SELLER OF TRAVEL DISCLOSURES: DMI is the exclusive sales agent acting for A-ROSA in the USA and Canada. DMI is registered with the California Attorney General, California Seller of Travel Program as David Morris International, Inc., registration number CST 2099500-50. Registration as a seller of travel does not constitute approval by the State of California. You acknowledge and agree that DMI is not responsible, and shall not be liable for any losses or damages of any nature whatsoever, for any acts or omissions of A-ROSA, Auto Europe or any third party.
Auto Europe is the registered merchant of record acting on behalf of A-ROSA in the USA, Australia and Canada. Auto Europe’s role is limited to taking reservations and collecting payments, including by processing credit cards, delivering travel documents, and providing other services as part of the reservation transaction. Auto Europe is a registered seller of travel in the State of Florida (ST-36099). Auto Europe is certified as a Travel Agent/Tour Promoter in Ohio: ID Number: 8789303. Auto Europe is registered as a travel agency in Iowa: Travel Agency Number 868; California Seller of Travel 2058065-50 ACN 20506080. Registration as a seller of travel does not constitute approval by the State of California. Nevada Seller of Travel 2007-0059. Washington Seller of Travel 608 733 167. Registrations pending in Hawaii and Ontario, Canada. Florida state law (Section 559.935(2) (a)) allows ARC-appointed agents, including their affiliates and subsidiaries, to be granted an exemption from significant parts of the Florida seller of travel law. Auto Europe holds an ARC appointment and meets the exemption requirements with the State of Florida.
Upon cancellation of transportation or travel services where you are not at fault and did not cancel in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by you, all sums you paid us for services not provided will be promptly paid to you, unless you advise us otherwise in writing, following cancellation. This refund obligation does not apply where we remitted the payment to another registered wholesale seller of travel or carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed transportation or service. In this situation, we must provide you a written statement accompanied by bank records establishing the disbursement of the payment, and, if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
The responsibility of DMI and Auto Europe in this transaction is strictly limited. DMI promotes travel of tour programs on cruise ships (“vessels”) and other modes of transport. DMI is assisted by Auto Europe. Auto Europe is a seller of travel of the vessels and transport. Neither DMI nor Auto Europe owns or operates any of the vessels or transport companies. The owners (“suppliers”) of the vessels and/or transport operate independently of DMI and Auto Europe. No representation or warranties concerning the suppliers are made by DMI or Auto Europe. DMI and Auto Europe assume no liability for any acts or omissions of any supplier, including but not limited to, cancellation of cruises, tours, itinerary changes, route changes, delays, damage or loss of luggage, airline or vessel equipment failures, accidents, death or injuries to persons regardless of cause even if services are arranged through DMI or Auto Europe. You will not have any right to claim or recover against DMI or Auto Europe due to any act or omission of any supplier or the conditions and operation of any vessel or transport operator. The liabilities and obligations of any supplier to you and your rights against it are subject to all terms and conditions of the supplier’s contract of carriage and any and all laws regulating such supplier. By using the services of any supplier you are agreeing to look to the supplier for any accident, injury, death, property damage or personal loss to you or to anyone traveling with you, and neither DMI, Auto Europe nor any representative of DMI or Auto Europe shall have any liability whatsoever.
Neither DMI nor Auto Europe are responsible for omissions, printing and presentation errors in brochures, on the internet or in any other media. DMI and Auto Europe reserve the right to make changes and/or corrections as required.