General Terms and Conditions

Spartacus Cruise: Spain & Morocco 2027

TERMS AND CONDITIONS OF TRAVEL of nicko cruises Schiffsreisen GmbH for sea and expedition cruises

Dear customers and travellers, The following provisions, insofar as they are validly agreed, form part of the package travel contract entered into between the customer or traveller (hereinafter uniformly referred to as “traveller”) and nicko cruises Schiffs- reisen GmbH, abbreviated in the following to “nc”. They supplement the statutory provisions of sections 651a–y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code). Therefore, please read these terms and conditions of travel carefully before booking!

1. Conclusion of the package travel contract, obligations of the traveller; note on the right of withdrawal

1.1. All booking channels are subject to the following provisions:

a) The basis of the offer by nc and the booking by the traveller are the travel description and the supplementary information provided by nc for each trip, insofar as they are available to the traveller at the time of booking.

b) Travel agents and booking offices are not authorised by nc to make agreements, provide information or make representations that amend the agreed content of the package travel contract, go beyond or contradict the travel description or the services contractually agreed by nc.

c) Information in hotel guides and similar directories not published by nc is not binding for nc and the performance obligation of nc unless it becomes part of nc’s performance obligation by express agreement with the traveller.

d) If the content of nc’s travel confirmation differs from the content of the booking, this shall constitute a new offer by nc to which nc shall be bound for a period of 3 working days. The contract shall be concluded on the basis of this new offer insofar as nc has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the traveller declares acceptance to nc by means of an express declaration or down payment within the commitment period.

e) The pre-contractual information nc provides about essential characteristics of the travel services, the cruise fare and all additional costs, the payment methods, the minimum number of participants and the cancellation fees (pursuant to Article 250 section 3 no. 1, 3 to 5 and 7 of the Introductory Act to the German Civil Code (EGBGB)) shall become part of the package travel contract unless otherwise expressly agreed between the Parties.

f) The traveller has the same liability for all contractual obligations of fellow travellers for whom he/she makes the booking as he/she has for his/her own contractual obligations insofar as he/she has assumed a corresponding obligation by express and separate declaration.

1.2. Bookings made orally, by telephone, in writing, by email or by fax shall be subject to the following provisions:

a) By making the booking, the traveller makes a binding offer to nc for the conclusion of the package travel contract. The traveller is bound to the booking for 3 working days.

b) The contract comes into effect upon receipt of the travel confirmation (declaration of acceptance) by nc. On or immediately after conclusion of the contract nc shall send the traveller a travel confirmation in accordance with statutory requirements on a durable storage medium (which enables the traveller to keep or store the declaration unchanged in such a way that it is accessible to him/her within a reasonable period of time, e.g. on paper or by e-mail), unless the traveller is entitled to a travel confirmation in paper form pursuant to Art. 250 section 6 (1) sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside business premises.

1.3. For bookings in electronic business transactions (such as internet, app, telemedia) conclusion of contract shall be subject to the following provisions:

a) The traveller will receive an explanation of the electronic booking procedure in the corresponding nc application.

b) In order to correct his/her entries, to delete or to reset the entire booking form a corresponding correction option is provided for the traveller, with its use being explained.

c) The contract languages offered for performing the online booking are indicated. Only the German language is legally authoritative.

d) Insofar as the contract text is stored by nc in the online booking system, the traveller will be informed of this and of the option of retrieving the contract text at a later date.

e) By pressing the button “book with obligation to pay” the traveller provides nc with a binding offer to conclude the package travel contract. The traveller shall be bound by this contractual offer for three working days after the electronic declaration is sent.

f) The traveller will promptly receive an electronic confirmation that the booking has been received.

g) The transmission of the booking by pressing the button “book with obligation to pay” does not entitle the traveller to form a package travel contract in accordance with his/her booking details. nc is instead free to decide whether or not to accept the traveller’s contract offer.

h) The contract comes into effect by the traveller receiving the travel confirmation from nc.

i) If, immediately after the traveller has made the booking by pressing the button “book with obligation to pay”, the travel is confirmed by immediately displaying the travel confirmation on the screen (booking in real time), the package travel contract shall be concluded as soon as this travel confirmation is received by and displayed to the traveller on the screen without requiring any intermediate notification of receipt of the traveller’s booking pursuant to f) insofar as the traveller is offered the option to store the travel confirmation on a durable storage medium and to print it out. However, the binding nature of the package travel contract is not dependent on the traveller actually using these storage or printing options. nc will also send the traveller a copy of the travel confirmation in text form.

1.4. nc points out that, in accordance with statutory provisions (section 312 (7) of the German Civil Code (BGB)), there is no right of withdrawal for package travel contracts pursuant to section 651a and section 651c BGB that have been concluded at a distance (letters, brochures, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting, telemedia and online services), but only the statutory rights of rescission and termination, in particular the right of rescission in accordance with section 651h BGB (see also section 5). However, there is a right of withdrawal if the contract for travel services has been concluded outside business premises in accordance with section 651a BGB, unless the oral negotiations on which the conclusion of the contract is based have been conducted based on the consumer’s prior order; in the latter case, there is also no right of withdrawal.

2. Payment

2.1. nc and travel agents may only demand or accept payments for the cruise fare before the end of the package trip if a valid insolvency insurance contract exists and the traveller has been given the insurance certificate with the name and contact details of the insolvency insurer in a clear, comprehensible and prominent manner. Once the package travel contract has been concluded, a down payment of 20% of the cruise fare is due in return for the insurance certificate. The remaining payment is due 30 days before departure, provided that the insurance certificate has been handed over and the trip can no longer be cancelled for the reason stated in section 8. For bookings made less than 30 days before the start of the trip, the entire cruise fare is payable immediately.

2.2. If the traveller does not make the down payment and/or the final payment in accordance with the agreed payment due dates although nc is ready and able to duly provide the contractual services and has fulfilled its statutory information obligations and if the traveller has no legal or contractual right of set-off or retention and is responsible for the default in payment, then nc is entitled to rescind the package travel contract after issuing a reminder with a deadline and to charge the traveller rescission costs in accordance with section 5.

3. Changes to the contents of the contract before the start of the trip that do not affect the cruise fare

3.1. Essential characteristics of travel services are permitted to deviate from the agreed content of the package travel contract before the start of the trip insofar as the deviations are insignificant, do not affect the overall nature of the trip, become necessary after conclusion of the contract and have not been brought about by nc in bad faith.

3.2. nc is obligated to inform the traveller of changes to services immediately after becoming aware of the reason for the change on a durable storage medium (e.g. also by email, SMS or voice message) in a clear, comprehensible and prominent manner.

3.3. In the event of a significant change to an essential characteristic of a travel service or a deviation from special requirements of the traveller which have become part of the package travel contract, the traveller is entitled to either accept the change or rescind the contract free of charge within a period specified by nc at the same time as the notification of the change. If the traveller does not expressly declare the rescission of the package travel contract to nc within the period stipulated by nc, the change is deemed to have been accepted.

3.4. Any warranty claims shall remain unaffected insofar as the modified services are defective. Should nc incur lower costs for carrying out the modified trip or any substitute trip that may be offered at the same quality at the same price, the traveller is to be reimbursed the difference in accordance with section 651m (2) BGB.

4. Price increase; price reduction

4.1. nc reserves the right, in accordance with section 651f, 651g BGB and the following provisions, to increase the cruise fare agreed in the package travel contract, insofar as

a) an increase in the price of passenger transport due to higher costs for fuel or other energy sources, b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or

c) a change in the exchange rates applicable to the package travel occurs after the contract’s conclusion and directly affects the cruise fare.

4.2. An increase in the cruise fare is only permissible insofar as nc informs the traveller clearly and comprehensibly in text form about the price increase and the reasons for it, while communicating the calculation of the price increase.

4.3. The price increase is calculated as follows:
a) In the event of an increase in the price for the carriage of passengers in accordance with 4.1 a), nc may increase the cruise fare in accordance with the following calculation:
• In the case of an increase related to the seat, nc may demand the amount of the increase from the traveller.
• Otherwise, the increased cost of fuel or other energy sources claimed by the carrier from nc per means of transportation on a pro rata basis shall be divided by the number of people transported. nc may thus request that the traveller pay the resulting amount of increase for each person transported.

b) In the event of an increase in taxes and other charges pursuant to section 4.1 b), the cruise fare may be increased by the corresponding pro rata amount.

c) In the event of an increase in exchange rates pursuant to 4.1 c), the cruise fare may be increased to the extent that the trip has become more expensive for nc.

4.4. nc is obligated to grant the traveller a reduction in the cruise fare at their request if and insofar as the prices, charges or exchange rates mentioned in section 4.1 a)–c) change after conclusion of the contract and before the start of the trip and this results in lower costs for nc. If the traveller has paid more than the amount due under this provision, the excess amount shall be refunded by nc. nc may, however, deduct from the excess amount to be refunded the administrative expenses actually incurred by nc. nc must furnish the traveller with evidence of the amount of incurred administrative expenses at the traveller’s request.

4.5. Price increases are only permissible if the traveller is notified of them by the 20th day prior to the start of the trip.

4.6. In the event of price increases of more than 8%, the traveller is entitled to either accept the change or rescind the package travel contract free of charge within a reasonable period of time set by nc at the same time as the notification of the price increase. If the traveller does not expressly declare the rescission of the package travel contract to nc within the period stipulated by nc, the change is deemed to have been accepted.

5 Rescission by the traveller before the start of the trip/cancellation costs

5.1. The traveller may rescind the package travel contract at any time before the start of the trip. The rescission is to be declared to nc at the address given below; if the trip was booked through a travel agent, the rescission can also be declared to the agent. The traveller is advised to declare the rescission in text form.

5.2. If the traveller rescinds the contract before the start of the trip or if the traveller does not take part in the trip, then nc shall lose the claim to the cruise fare. Instead, nc may demand reasonable compensation if nc is not responsible for the rescission. nc may not claim compensation to the extent that unavoidable and extraordinary circumstances arise at the destination or in its immediate vicinity which substantially affect the performance of the package trip or the carriage of people to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

5.3. nc has set the following flat-rate compensation charges, taking into account the period between the withdrawal declaration and the start of the trip, as well as expected savings on expenses and the expected acquisition through other uses of the travel services. Based on the date the withdrawal declaration was received, the compensation shall be calculated as follows with the respective cancellation scale:

a) Promotional cruises
up to 90 days before departure 30%
up to 45 days before departure 40%
up to 30 days before departure 60%
up to 10 days before departure 85%
up to 1 day before departure 90% and on the day of arrival or in case of no-show 95% of the agreed cruise fare.

b) Cancellation of single beds (single travellers) in double or multi-bed cabins (promotional cruises)
up to 90 days 60%
from 89 to 45 days 90%
from 44 days to the day of arrival or in case of no-show 95% of the agreed cruise fare.

5.4. In any case, the traveller is at liberty to prove to nc that nc has not suffered any damage at all or that the damage is significantly lower than the flat-rate compensation charge requested by nc.

5.5. If nc is obligated to refund the cruise fare as a result of a rescission, section 651h (5) BGB shall remain unaffected.

5.6. The above provisions shall not affect the traveller’s statutory right pursuant to section 651e BGB to send a message to nc on a durable storage medium stating that a third party intends to assume the rights and obligations arising from the package travel contract in place of the traveller. Such a declaration shall be deemed to have been sent on time if nc receives it 7 days before the start of the trip.

5.7. It is strongly recommended that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.

6. Rebookings

6.1. After conclusion of contract the traveller has no right to change the booking (changes with regard to the travel date, the destination, the place of departure, the accommodation, the type of catering, the mode of transport or other services) (also known as a “rebooking”). This shall not apply if the rebooking is necessary because nc has provided no, insufficient or incorrect pre-contractual information to the traveller pursuant to Art. 250 section 3 EGBGB; in this case, the rebooking is possible free of charge.

6.2. At the traveller’s request nc can check rebooking options. If nc performs a rebooking, nc may charge the traveller a rebooking fee per traveller affected by the rebooking, provided that the following deadline is met. Unless otherwise agreed in individual cases prior to the rebooking being confirmed, the rebooking fee is €200 per person up to 150 days before the start of the trip. Any additional travel costs resulting from the rebooking must be paid by the traveller. If the rebooking results in lower travel costs, this will be taken into account in favour of the traveller.

6.3. Rebooking requests made by the traveller after expiry of the deadline as well as rebooking requests concerning specially designated promotional cruises at special prices (“nicko’s choice” rate) can only be carried out, provided their implementation is possible at all, after withdrawal from the package travel contract in accordance with section 5 under the terms and conditions and simultaneous re-registration. This shall not apply to rebooking requests that only incur minor costs. Previously confirmed cabin numbers cannot be taken into account for rebookings.

7. Service not used

If the traveller, for reasons attributable to him/her, does not make use of individual travel services that nc was willing and able to provide in accordance with the contract, the traveller shall not be entitled to a pro rata refund of the cruise fare unless such reasons would have entitled the traveller to rescind or terminate the travel contract free of charge in accordance with statutory provisions. nc will endeavour to obtain a refund for the saved expenses from the service providers. This obligation shall not apply to negligible services.

8. Rescission due to failure to reach the minimum number of participants

8.1. nc may rescind the contract if the minimum number of participants is not reached in accordance with the following provisions:

a) The minimum number of participants and the latest date of receipt of the rescission declaration by nc must be stated in the respective pre-contractual information documents.

b) nc must state the minimum number of participants and the latest rescission deadline in the travel confirmation.

c) nc is obligated to immediately declare the cancellation of the trip to the traveller if it is determined that the trip will not be carried out due to the minimum number of participants not being reached.

d) It shall be impermissible for nc to rescind the contract later than 30 days before the start of the trip.

8.2. If the trip is not carried out for this reason, the traveller will be refunded any payments made on the cruise fare without undue delay; section 5.6 applies accordingly.

9. Obligations of the traveller

9.1. Travel documents The traveller must inform nc or the travel agent through whom the traveller has booked the package trip if the traveller does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period communicated by nc.

9.2. Notification of defects/seeking redress

a) If the trip is not provided free of travel defects, the traveller may seek redress.

b) Insofar as nc was not able to provide redress as a result of a culpable failure to report the defect, the traveller cannot assert claims for a reduction in price in accordance with section 651m BGB or claims for damages in accordance with section 651n BGB c) The traveller is obligated to immediately report the defect to the local nc representative. If a representative of nc is not available locally and there is no contractual obligation to provide such a representative, any travel defects are to be reported to nc at nc’s designated contact point; the availability of nc’s representative or its local contact point will be stated in the travel confirmation. However, the traveller may also bring the notice of defects to the attention of the travel agent through whom they booked the package trip.

d) The representative of nc is instructed to provide a remedy, insofar as this is possible. However, they are not authorised to recognise claims.

9.3. Setting a deadline before termination If the traveller wishes to terminate the package travel contract in accordance with section 651i BGB due to a travel defect of the type described in section 651i (2) BGB, insofar as it is substantial, the traveller shall give nc a reasonable period of time to remedy the situation. This shall only not apply if nc refuses to provide a remedy or if immediate remedy is necessary.

9.4. Damaged and delayed baggage when travelling by air; special rules and deadlines for seeking redress

a) The traveller is advised that lost, damaged and delayed baggage in connection with air travel must immediately be reported by the traveller to the relevant airline on the spot by means of a claim form (“P.I.R.”) in accordance with the provisions of aviation law. Airlines and nc may refuse refunds based on international agreements if the claim form has not been completed. In the event of damage to baggage, the claim must be filed within 7 days, in the event of delay within 21 days of delivery.

b) In addition, loss, damage or misrouting of baggage must immediately be communicated to nc, its representative or contact point or the travel agent. This shall not release the passenger from the obligation to notify the airline of the damage in accordance with a) within the above deadlines.

10. Limitation of liability

10.1. The contractual liability of nc for non-culpable damage not resulting from injury to life, limb or health is limited to three times the cruise fare. Any further claims under the Montreal Convention or the German Air Transport Act remain unaffected by this limitation of liability.

10.2. nc is not liable for disruptions to services, personal injury or damage to property in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services have been expressly identified as third-party services in the relevant service description and the relevant travel confirmation, stating the identity and address of the third-party contractual partner, in such a clear manner that the traveller can see that they are not part of the package trip of nc and the requirements of sections 651b, 651c, 651w and 651y of the German Civil Code (BGB) have been duly fulfilled in all other regards.

10.3. nc is liable, however, if and to the extent that a breach of information, explanation or organisational obligations on the part of nc has become the cause of the damage suffered by the traveller.

11. Assertion of claims, addressee

The traveller must assert claims pursuant to section 651i (3) no. 2, 4–7 BGB against nc. The claim can also be asserted via the travel agent if the package trip was booked via this travel agent. The contractual claims listed in section 651i (3) BGB are subject to a limitation period of two years. The limitation period begins on the day on which the trip should end according to the contract. Asserting the claims in text form is recommended.

12. Information requirements on the identity of the operating airline

12.1. Before or at the latest at the time of booking, nc shall inform the traveller in accordance with the EU Regulation on information for passengers on the identity of the operating air carrier about the identity of the operating airline(s) providing all air transport services as part of the booked trip.

12.2. If the operating airline(s) has/have not yet been determined at the time of booking, then nc is obligated to inform the traveller of the airline or airlines that will probably operate the flight. As soon as nc knows which airline will be operating the flight, nc will inform the traveller.

12.3. If the airline named to the traveller as the operating airline changes, then nc will inform the traveller of the change without undue delay and as soon as reasonably practicable.

12.4. The “Black List” (airlines banned from using the airspace above the Member States), drawn up in accordance with the EC Regulation, is available on nc’s website or directly at https://transport.ec.europa.eu/transport-themes/eu-air-safety-list_en and is available at the business premises of nc.

13. Passport, visa and health requirements

13.1. nc will inform the traveller about general passport and visa requirements as well as health formalities of the destination country including the approximate periods for obtaining any necessary visas before conclusion of contract as well as about any changes to these requirements before the start of the trip.

13.2. The traveller is responsible for obtaining and carrying officially mandated travel documents, taking any necessary vaccinations and complying with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. payment of rescission costs, shall be borne by the traveller. This shall not apply if nc has not provided information or has done so insufficiently or incorrectly.

13.3. nc shall not be liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission if the traveller has commissioned nc with the procurement of such visas, unless nc has culpably violated its own obligations.

14. Special regulations related to pandemics (especially the COVID virus)

14.1. The Parties agree that nc will always provide the agreed travel services through the relevant service providers in compliance and accordance with the governmental requirements and conditions applicable at the time of travel.

14.2. The traveller agrees to observe reasonable usage regulations or restrictions of the service providers when using travel services and to notify the tour guide and the service provider immediately in the event of typical symptoms of illness occurring.

14.3. The foregoing provisions do not affect the traveller’s rights under section 651i BGB.

15. Data processing; alternative dispute resolution; choice of law and jurisdiction agreement

15.1. The data provided by the traveller in the travel registration form shall be used by nc to book and process the trip and to send information and offers to the traveller. In the case of travel abroad, the processing includes in particular the transmission of customer data to the service partners abroad. Travellers can find out more about processing and storage as well as their rights as data subjects (in particular the right of access and the right to object) in nc’s privacy policy which is available at any time at www.nicko-cruises.de/en/data-protection or at the business premises of nc or which nc will gladly send to the travellers.

15.2. nc points out with regard to the German Consumer Dispute Resolution Act that nc shall not participate in voluntary consumer dispute resolution. If and to the extent that a consumer dispute resolution procedure becomes obligatory for nc in future, nc will inform affected consumers of this in an appropriate form.

15.3. For travellers who are not citizens of a Member State of the European Union or Switzerland, it is hereby agreed that the entire legal and contractual relationship between the traveller and nc shall be governed exclusively by German law. Such travellers can sue nc exclusively at nc’s domicile.

15.4. For lawsuits filed by nc against travellers or contractual partners of the package travel contract who are merchants, public-law or private-law legal entities or individuals whose place of residence or habitual abode is abroad, or whose place of residence or habitual abode is unknown at the time of filing suit, it is agreed that the legal venue shall be nc’s domicile.

Travel operator:
nicko cruises Schiffsreisen GmbH
Mittlerer Pfad 2 D-70499 Stuttgart
Tel. +49 711 24 89 80 0
Fax +49 711 24 89 80 77
international@nicko-cruises.de
www.nicko-cruises.de/en

Stuttgart District Court – Bad Cannstatt HRB
744018 Managing Directors: Guido Laukamp,

Carsten Keil These terms & conditions replace all previous versions.
As of October 2025