1.INTRODUCTION
These Terms of Use (hereinafter referred to as the “Terms”) govern your access to and use of the website www.bremerhavencruiseport.com (the “Website”) and the services provided by Global Ports Holding Limited and its subsidiaries operating in Bremerhaven Cruise Port (collectively referred to as the “PROVIDER,” “we,” “us,” or “our”).
By accessing the Website or utilizing our services, you (the “USER”) agree to be bound by these Terms.
By accepting these Terms, the USER:
- Confirms that they have read, understood, and agreed to these Terms.
- Declares they have the legal capacity to enter into contracts in accordance with German Civil Code (BGB).
- Assumes all obligations and responsibilities set forth herein.
These Terms remain valid indefinitely and apply to all interactions with the Website unless otherwise stated by the PROVIDER.
The PROVIDER reserves the right to modify these Terms unilaterally at any time, provided such changes do not retroactively affect services or agreements already executed. Any modifications will be communicated through the Website or other appropriate channels, in compliance with §312i German Civil Code (BGB) and §13 Telemedia Act (TMG).
2.PARTIES TO THE AGREEMENT
The contracting parties to these Terms are:
- The PROVIDER: Global Ports Holding Limited, a company registered in the United Kingdom with its principal address at 3rd Floor, 35 Albemarle Street, London, W1S 4JD, and its operational offices at Bremerhaven Cruise Port, Geschäftsanschrift: Veritaskai 8, 21079 Hamburg, Germany.
- The USER: Any individual accessing the Website or utilizing the services, who is responsible for ensuring the accuracy and completeness of all information submitted during interactions with the PROVIDER.
3.PURPOSE OF THE TERMS
These Terms define the contractual relationship between the PROVIDER and the USER, which arises when the USER interacts with the PROVIDER via the Website or in-person at Bremerhaven Cruise Port. The contractual relationship primarily involves the provision of specific services as outlined on the Website, in exchange for fees and terms displayed or otherwise agreed upon.
Important Compliance Considerations:
- Consumer Rights & Cancellation Policies: The rights of consumers under the German Civil Code (BGB) §§312-312k should be explicitly stated in the sections related to withdrawal rights.
- Electronic Commerce Transactions: In compliance with §312i BGB, any electronic contracts should provide confirmation of terms before execution.
- Pricing Transparency: Any services with fees must be clearly stated, with explicit agreement from the USER before any transaction occurs, per German Price Indication Regulation (PAngV).
4.CONTRACTING PROCEDURE
To utilize certain services offered by the PROVIDER, the USER must complete a registration process on the Website. Registration requires the USER to:
- Provide accurate and up-to-date personal information in accordance with German consumer protection laws (§312 BGB).
- Create a secure user account with a username and password, which the USER must safeguard and promptly report any unauthorized access or breaches.
By completing the registration, the USER agrees to the following:
- Their personal data will be processed in accordance with the PROVIDER’s Privacy Notice, which complies with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
- Access to services is subject to availability and, where applicable, the successful completion of payment as outlined in Section 9 of these Terms.
5.GENERAL TERMS OF SERVICE
The following general terms apply to all services provided:
- All services are subject to these Terms. No other stipulations, whether verbal or written, are binding unless expressly accepted by the PROVIDER in writing.
- Services are offered on an “as-is” basis, and the PROVIDER makes no guarantees, express or implied, beyond those stated in these Terms or required by applicable law.
- For any paid services, the total price, including all applicable taxes and fees, will be clearly communicated before the transaction, in compliance with the German Price Indication Regulation (PAngV).
6.RIGHT OF WITHDRAWAL (WIDERRUFSRECHT)
The USER may exercise their right to withdraw from a service agreement under the following conditions:
- Withdrawal requests must be made within 14 calendar days of entering into the agreement, unless the service has already been fully executed.
- Certain services, including personalized or legally binding documentation, are not eligible for withdrawal under applicable law, specifically under §312g BGB.
How to Withdraw
- Withdrawal requests must be submitted via email to dpo@globalportsholding.com or in writing to the PROVIDER’s local office in Bremerhaven.
- For contracts concluded electronically (online), the withdrawal right must be explicitly confirmed before completion of the transaction, in compliance with §312i BGB and the EU Consumer Rights Directive (2011/83/EU).
7.DISPUTES AND LIABILITY
The PROVIDER strives to provide a seamless and satisfactory experience for all USERS. However, in case of disputes, the following procedures shall apply:
- The USER may submit a written complaint via email to info@bremerhavencruiseport.com providing a detailed description of the issue.
- The PROVIDER will respond to complaints within 30 days, either resolving the matter or providing an explanation if resolution is not possible within that timeframe.
In accordance with §13 of the German Civil Code (BGB) and the EU Alternative Dispute Resolution (ADR) Directive (2013/11/EU), USERS may also seek alternative dispute resolution mechanisms.
8.FORCE MAJEURE
Neither party shall be held liable for delays or failures to fulfill obligations due to circumstances beyond reasonable control, including but not limited to:
- Natural disasters (e.g., earthquakes, floods, storms)
- Governmental actions or regulatory changes
- Acts of war, terrorism, or civil disturbances
- Industrial disputes or labor strikes not caused by the affected party
Obligations under this agreement shall resume promptly after the force majeure event has concluded. This provision is governed by German contract law under §275 BGB.
9.PRICING AND PAYMENT TERMS
All service prices are displayed in Euros (EUR) and include applicable VAT (Mehrwertsteuer), unless otherwise stated.
Payments are accepted via credit card, electronic transfer, or other approved methods, as displayed on the Website.
Any payment-related queries should be directed to info@bremerhavencruiseport.com
In compliance with the German Price Indication Regulation (PAngV), all pricing details will be transparent, including applicable fees and taxes before the conclusion of a transaction.
10.APPLICABLE LAW AND JURISDICTION
These Terms are governed by the laws of the Federal Republic of Germany. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Bremerhaven, Germany, in accordance with §13, §14 BGB and the Brussels I Regulation (EU No. 1215/2012).
11.CONTACT INFORMATION
For any questions or concerns, please contact us:
Email: info@bremerhavencruiseport.com
Address: Bremerhaven Cruise Port, Geschäftsanschrift: Veritaskai 8, 21079 Hamburg, Germany