Common use of Service Modifications Clause in Contracts

Service Modifications. 6.1 In its capacity as the tour operator, ICO reserves the right to modify and deviate from the contractual terms, provi- ded the modification in question is not significant. The above shall apply, in particular, for changes to the travel time, layovers and routes. These changes are permissible when they are required due to, for example, official instructions, for safety reasons for the passengers and the ship’s crew and/or due to unavoidable, exceptional circumstances, weather conditions or safety considerations, and/or to avert danger. The captain responsible for the ship bears sole responsibi- lity for making these decisions. If the use of a particular airline is not warranted, an amendment to the airline and the arrival and departure times is permitted. If, as an exception, ICO has confirmed a cabin number prior to the cruise, no other requests from the applicant can be granted after allocation of the cabin. ICO reserves the right to change alloca- xxx cabins if this amendment takes place within the same cabin category and is deemed reasonable. For all of the above cases, ICO must inform the applicant via a durable medium (digital or paper) in a clear, understandable and highlighted manner of the modification prior to the travel date. 6.2 In its capacity as the tour operator, ICO reserves the right to modify and deviate from the contractual terms in such a way that leads to a considerable/significant modification. In this case, ICO must provide the traveller with a corresponding contract modification or the choice to select another replacement cruise prior to the travel date. The applicant shall then be able to withdraw from the booked cruise without payment of damages or accept the offer for a contractual amendment. 6.3 Insofar as the modified services are defective, any warranty claims of the applicant remain unaffected. 6.4 If the applicant and/or travellers embark on the cruise after being informed of a required modification to the overall structure of the journey by the tour operator, the right to terminate the travel contract on the basis of the modification in question is excluded after embarkation.