Terms and conditions

Terms and Conditions of MCE-North America, Inc.

Version 21 November 2018

These terms and conditions are divided into:

  1. General Terms and Conditions of MCE-North America, Inc. (“MCE-NA”)
  2. Terms and Conditions of providers of cruise excursions and other touristic services (“Provider” and “Services”)

MCE-NA provides visitors and providers with the booking platform www.my-cruise-excursion.com. Services can be booked via this platform.

MCE-NA acts exclusively as an agent within the terms and conditions. The service provision lies exclusively with the provider.

In some cases, MCE-NA acts as sales assistant (“affiliate”) of GetYourGuide Deutschland GmbH, Berlin. The user will be redirected to the website www.getyourguide.com when selecting the corresponding services. In this case, there is no legal relationship between you and MCE-NA. For the use of the website www.getyourguide.com including booking services, only the terms of use of GetYourGuide Deutschland GmbH, Berlin are decisive.

General Terms and Conditions of MCE-North America, Inc. (“MCE-NA”)

Introduction

These terms and conditions govern the use of MCE-NA website www.my-cruise-excursion.com (“Website”) when you book a service through the website. In addition, MCE-NA General Terms of Use and Privacy Policy found on the Site apply.

When you book a service, you accept these terms and conditions, MCE-NA General Terms of Use and privacy policy as the basis of your legal relationship with MCE-NA and the providers.

Bookings / registration / information

Bookings

Bookings via the website are only allowed to persons who are able to act. The booking must be made under your official name. Registrations under a pseudonym, etc. are not permitted. MCE-NA can delete bookings under a wrong name, pseudonym, etc. and exclude the respective person responsible for future use.

If you want to book a service through www.my-cruise-excursion.com, you must provide information about yourself, which will be forwarded to the brokered provider in case of a booking, as far as necessary. For details on data treatment, please refer to the privacy policy.

Truthful information

You are required to provide all information truthfully and to keep it up to date. MCE-NA is not liable if you cannot claim a booked service due to negligent or intentional incorrect, no longer current data, etc. or otherwise be harmed.

Communication

If you book a certain service, all booking and payment transactions as well as any cancellation of the booking must be made via the website and the forms provided or by e-mail.

When you book a service through the website, you will initially receive an automated booking confirmation. Only if the trips booked by you are actually carried out, you will receive separate travel documents via e-mail. Upon receipt of these documents, you will also be notified of the contractual partner (provider), including contact details such as e-mail and telephone number. For a direct communication with the provider, especially at the place of performance, you can use this contact data.

Side agreements, in particular separate price or service agreements between you and the provider are not permitted. MCE-NA is not liable for any such side agreement made between the user and the provider.

No offers

The services published on the website are not binding offers, but merely a non-binding invitation to you to book these services. With your booking, you make a binding offer to conclude a contract.

Performance specifications

The content descriptions of the services (shore excursions) are made by us in consultation with the providers to the best of our knowledge and with utmost care. However, as in some cases translation services on our part have to be carried out, MCE-NA is generally not liable for incorrect descriptions, especially in the case of non-significant discrepancies between actual and described services. In addition, all providers are obliged to check the descriptions and other product information published on this website promptly and regularly.

Acceptance of the provider

If the provider accepts your request, the contract between you and the provider has been concluded. If the request is rejected, no contract is concluded between you and the provider. The acceptance or rejection of your booking will be communicated to you by e-mail. The provider provides the agreed services in their own name and for their own account.

Participation requirements

The provider can establish participation requirements for his services. These can be found in the respective service descriptions. You are responsible for fulfilling and complying with these conditions. The provider reserves the right not to admit or exclude you from the activity if you objectively fail to meet the conditions and are a threat to the viability of the activity, yourself or other participants. In this case, the price paid will not be refunded.

Cancellation of your booking

If you have to cancel the booked service, the cancellation must be communicated by e-mail to MCE-NA. The corresponding regulations for cancellation costs within these terms and conditions apply.

Minimum number of participants

If a minimum number of participants given in the specifications of a product is not reached, MCE-NA may cancel the service. This is done at least 14 days before the date of the service, in some cases even later (especially if less than 14 days between booking and service date remain). In such a case, you will be notified by MCE-NA via e-mail and you will be refunded any payments already made.

MCE-NA is not liable for any resulting damage but will endeavour to offer you a suitable alternative service.

Prices, payment, due date

General

The prices quoted include the legal value added tax and all other price components, with the exception of any additional costs specified in the service descriptions.

All prices are due immediately upon completion of the booking and will be settled according to the payment method you have selected.

Collection

MCE-NA is authorized by the providers to carry out the collection and the booking processing.

Cancellation Policy

If you cancel the booked service, MCE-NA may deduct part of the service price depending on the time of cancellation (cancellation fee). The following temporal staggering applies here according to standard, unless stated otherwise in the service descriptions:

  • up to 29 days before date of performance: full refund of the price
  • 28 to 15 days before date of performance: refund of 50% of the price
  • from the 14th day before the service date: no refund

The refund will be made promptly to the cancellation by credit on the payment method you have selected.

If a credit card payment is not honoured or withdrawn prior to claiming the booked service, this will be considered as cancellation of the booking and cancellation fees according to the above mentioned graduation will be due for payment. Further claims for damages remain reserved.

Application of coupons

You are only eligible to use one coupon per booking. If we recognize the multiple use of vouchers in a booking, we will accept only the cheapest voucher for us and remain the right to issue a separate invoice to you after the booking and automated payment have been processed.

Rating System

General

After providing the service, you have the opportunity to rate the booked service via the rating system on the website. The aim of the rating system is to create a meaningful and accurate profile of the provider’s performance, reliability and trustworthiness.

Truthful evaluation

You are obliged to make only factual and truthful statements. Incorrect, unobjective, insulting etc. utterances are to be omitted. MCE-NA expressly reserves the right to delete such statements without stating reasons. MCE-NA also has the right to exclude you from further use of the website and to delete your user account. MCE-NA as the affected provider reserves the right to further legal action, in particular claims for damages.

Insurance benefits

MCE-NA, through our holding company TripUp GmbH, Hamburg, and together with the Europäische Reiseversicherung AG (ERV) offers a trip delay protection and a travel accident insurance. These services are already included in the prices quoted and are only valid for excursions in the following areas:

Europe, Mediterranean states, Canary Islands, Azores, Madeira and Spitsbergen

“On-time-to-ship” -guarantee / excursion delays

If you are missing your ship due to a delayed return of at least 45 minutes, for example due to traffic congestion or a delay in the use of public transport within the excursion, the excursion protection can take effect.

The additional costs for the resulting travels will be refunded up to € 1,000 per person, as well as additional expenses for accommodation and meals up to € 100 per person. If boarding is not possible until the next day, these rates increase to € 1,500 and € 200, respectively.

Claims from the excursion delay protection please direct to

MCE-North America Inc.
5318 E. 2nd St. PMB
21123 Long Beach, CA
United States of America
contact@my-cruise-excursion.com

We, MCE-NA, through our holding company TripUp GmbH, Hamburg, are insured with a quota of 50% at Europäische Reiseversicherung AG within the scopeof the insurance conditions attached to your booking (special part for excursion delays), the other 50% is provided by MCE-NA for you.

If you wish to enjoy excursion protection benefits, you must comply with the terms and conditions described.

Exceptions to the aforementioned provisions are only such excursions, where the meeting place and place of return transport of the guests are not at the cruise port (usually standard tours with a central meeting point). Corresponding information about the meeting point can be found in the respective product descriptions.

Travel Accident Insurance

Sums insured: € 25.000 deaths / € 50.000 disablility

Accumulation limit: € 5 Mio. in total

Including the following extensions when an accident occurs during the insured trip:

  • Refund of search / rescue / salvage costs up to € 10,000
  • Daily allowance for accidental subsequent stay in the cabin or at the infirmary: € 50 per 24 hours, max. € 250 per person and trip.

As an excursion attendee, you automatically enter this group insurance contract as an insured person through your booking at www.my-cruise-excursion.com, unless you explicitly declare at the time of booking that you do not wish to avail yourself of this insurance cover.

With the booking confirmation you will receive the insurance certificate, from which you can see the terms of insurance and further details.

After the occurrence of an insured event, the insured person is obliged to report the damage to

Europäische Reiseversicherung AG
Leistungsabteilung
Rosenheimer Str. 116
D-81669 Munich
Germany
leistung@erv.de

General legal relations

Position of MCE-NA

MCE-NA provides you with this booking platform so that you can directly contact the providers you require and make your bookings. The contract for the services booked is concluded directly between you and the provider of the service. MCE-NA is not contracting party for the booked service. MCE-NA acts solely as an intermediary between you and the provider.

Liability of MCE-NA

MCE-NA is liable to you in principle only in the context of the above mentioned insurance benefit (“excursion delay protection”) and generally for the correct transmission of your booking information to the provider.

In particular, MCE-NA is not liable for slight negligence, auxiliary persons or for the brokered providers and their vicarious agents. Liability is limited to immediate damage, excluding consequential damage, loss of profit, etc. Likewise, liability for punitive damages and similar claims is excluded. Subject to further limitations of liability or disclaimer in these terms and conditions or applicable legal provisions.

Liability for damage caused by computer viruses, spyware and other computer programs is excluded under any legal title.

If you do not make a booking, meaning you only use the website www.my-cruise-excursion.com, then the separate General Terms of Use of MCE-NA apply.

These provisions apply to contractual and non-contractual liability.

Modification of these terms and conditions

These terms and conditions are subject to change by MCE-NA at any time without notice. The conditions valid for each individual booking apply. The user has no claim that the future bookings will be completed under existing conditions.

Applicable law

The legal relations to MCE-NA are exclusively subject to US law. The exclusive place of jurisdiction is Los Angeles, US.

MCE-North America Inc.
5318 E. 2nd St. PMB
21123 Long Beach, CA
United States of America
contact@my-cruise-excursion.com

General terms and conditions of the providers of cruise excursions and other touristic services

Introduction

These terms and conditions apply to the contracts between you and the providers of services. Definition of the application as soon as you make a booking via our website.

Exceptions to this are the contents provided by our affiliate partner GetYourGuide Deutschland GmbH, Berlin. Here, when booking on the website www.getyourguide.com the corresponding provisions of GetYourGuide Deutschland GmbH, Berlin apply.

Acceptance of bookings

The provider accepts only bookings of able-bodied persons. Legal persons must be represented by a duly authorized person.

Truthful information

The information provided via the website must be truthful. The provider reserves the right to cancel bookings if incorrect information is provided. In this case, the price paid will not be refunded.

Appear at the meeting point

You are responsible for arriving in time at the meeting point (usually inside or outside the cruise ship terminal). If it’s proven that you weren’t at the meeting point at all or if you have not arrived in time at the meeting point, the price paid will not be refunded.

„On-time-to-ship“-guarantee

The provider is responsible for organizing and performing its services in such a way that you get back on board your cruise ship in time.

Should it happen due to intentional or negligent acts of the provider, that you do not reach your ship in time until departure, then the provider is obliged to pay for any costs that you incur. In particular, this includes overnight and onward transport costs (flight) as well as any other costs that you incur directly from missing the ship.

The provider also has the further transport and possibly the night to organize for you.

Exceptions to the aforementioned provisions are only such excursions, where the meeting place and place of return transport of the guests are not at the cruise port (usually standard tours with a central meeting point). Corresponding information about the meeting point can be found in the respective product descriptions.

Conditions of participation

You are responsible for compliance with any conditions of participation (eg minimum age). The provider reserves the right to exclude participants from the activity who do not meet these conditions. In this case, the price paid will not be refunded.

Obligation of the request

The contract between you and the provider comes about with acceptance of your request by the provider. By booking a cruise or other service, you submit to the provider a binding offer to which you are bound until acceptance or rejection by the provider. If the provider accepts your offer, the contract is concluded. You will receive a notification via e-mail.

Payment

You will be charged when booking via the desired payment method. If the provider cannot accept your booking, the amount debited will be refunded.

Withdrawal

Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts: contracts for the provision of services in the field of accommodation for purposes other than habitation, transport of goods, car rental, supply of food and beverages, and other services Recreational activities when the contract provides for a specific date or period.

Own responsibility for insurance

The liability and accident insurance coverage of the local organizer complies with local legislation, the liability limits of which may differ significantly from known US standards.

Concerning the insurance benefits assumed by MCE-North America, Inc. reference is made to the terms and conditions of MCE-North America, Inc. The price does not include any insurance. Incidentally, you yourself are responsible for sufficient insurance coverage. The insurance requirement depends on the booked activity.

Unpaid services

If you do not pay the booked service or revoke the payment, the entitlement to the service is cancelled. This will be considered as a cancellation and may result in cancellation charges as laid out in the following paragraph.

Cancellation policy

If you cancel the booked service, the provider may deduct part of the service price depending on the time of cancellation (cancellation fee). The following temporal staggering applies here according to standard, unless there are in the service descriptions to the contrary:

  • up to 29 days before date of performance: full refund of the price
  • 28 to 15 days before date of performance: refund of 50% of the price
  • from the 14th day before the service date: no refund

The refund will be made promptly to the cancellation by credit on the payment method you have selected.

If a credit card payment is not honoured or withdrawn prior to claiming the booked service, this will be considered as cancellation of the booking and cancellation fees according to the above mentioned graduation will be due for payment. Further claims for damages remain reserved.

Failure to reach the minimu number of participants

If a minimum number of participants specified in the terms of reference or in the booking confirmation is not achieved, the provider may cancel the service by the 14th day before the date of the service at the latest. In such a case, you will be notified by MCE-NA via e-mail and you will be refunded any payments already made.

The provider is not liable for any resulting damage, but will endeavour to offer you a suitable alternative service.

Extraordinary cancellation

The provider can cancel the activity in case of force majeure without observance of a rejection period. This applies, for example, if weather conditions, a strike, official measures, unforeseeable or unavoidable external circumstances make the execution of the activity impossible or considerably more difficult or endanger it. In this case, the paid price will be refunded. This is done under exclusion of any damages or other claims based on which legal basis whatsoever.

As “force majeure” in this line are also changes in the route of the cruise ships, as a result of which the respective port for which the service was booked, deleted or the waiting time is so significantly reduced that the performance cannot be met.

Program changes

The provider further reserves the right to make non-essential program changes if this is necessary due to unforeseeable or unavoidable circumstances.

Addtional conditions

Further conditions or different regulations can be found in the respective tenders.

Time zone

For time and deadline calculations, the time zone of the provider is decisive.

Liability of the provider

The provider is liable for its services in accordance with the applicable law.

Modification of these terms and conditions

These terms and conditions are subject to change without notice. The conditions valid for each individual booking apply. The user has no claim that the future bookings will be completed under existing conditions.

Applicable law

The legal relationship between user and provider is subject to the respective applicable law. Normally, this is the law which applies at the place of performance or at the place of jurisdiction of the provider.

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