The Mein Schiff® Upgrade Programme

These terms and conditions govern the TUI Cruises – Mein Schiff Upgrade Programme (the ‘Programme’), which is available on certain TUI Cruises – Mein Schiff cruises.

Wherever we refer to "we", "us" or "our" in these terms and conditions, we mean TUI Cruises – Mein Schiff®. Whenever we refer to ‘you’ or ‘your’, we mean you as a guest and the person making the booking. ‘Your cruise’ refers to the cruise part of the holiday that you have booked with us.

By ‘your cabin’, we mean the specific cabin and cabin category that you booked when you booked your cruise, or that was allocated to you by us.

If you decide to take part and you are an eligible guest as defined in section 2.1 below, these terms and conditions will apply to you.

1. How does the Mein Schiff® Upgrade Programme work?

1.1. This programme allows you to place a bid to upgrade to a higher cabin category on your cruise. You can find information about the cabin categories we offer online at https://www.meinschiff.com/en/cabins.

1.2. We are unable to confirm in advance which specific cabin categories will be offered as part of the upgrade programme. Upgrades are always to a higher cabin class than the one originally booked. The location and facilities of the allocated cabin may differ from those of the cabin originally booked.

IMPORTANT: If your upgrade bid is accepted, we will automatically allocate the new cabin to you. Once the upgrade offer has been accepted, the newly allocated seat cannot be declined. Furthermore, you are no longer entitled to the cabin you originally booked. Your offer is legally binding. If you have deliberately booked your cabin due to a specific situation or other criteria that are important to you, taking part in the programme and submitting an upgrade bid may not be the right choice for you.

1.3. Participation in the programme is voluntary. You are not obliged to submit an upgrade bid. If you place an upgrade bid, we cannot guarantee that your bid will be accepted. The decisions regarding which cabins are allocated as part of the upgrade programme, which bids are accepted, and to which cabins the bids are assigned are made solely by us.

1.4. Upgrade offers apply to the entire cabin, regardless of the number of people travelling in that cabin. Upon acceptance and implementation of the upgrade, the full upgrade price will be charged to the first travelling passenger in addition to the existing travel price.

2. Who can take part?

2.1. The programme is available on selected cruises and exclusively to those guests whom we have selected to take part – the so-called ‘eligible guests’. We are free to choose which guests are eligible to participate (see also clause 5.3 of these terms and conditions). You must be at least 18 years old to be eligible to take part.

2.2. Eligible guests may submit upgrade bids for all cabin categories shown. However, we can only accept one upgrade bid per cabin. In the event of multiple bids, we reserve the right to decide, at our discretion, which bid to accept.

2.3. Bookings involving multiple cabins on a single trip or multiple trip combinations within a single booking are currently not eligible for upgrade bids.

3. How do I take part?

3.1. Eligible guests will be informed by email about the opportunity to take part in the programme and to submit an upgrade bid.

3.2. To submit your upgrade request, you’ll need to visit our dedicated Mein Schiff® Upgrade website, which you can access via the link in the invitation email. You will need to enter your cruise booking no. (booking no.) and your name to view your upgrade options.

3.3. Please follow the steps and instructions on the offer page to submit an upgrade bid.

4. What is meant by an ‘upgrade bid’?

4.1. You can submit an ‘upgrade bid’ to upgrade from your originally booked cabin category to a higher cabin category. The upgrade bid is the amount you are willing to pay to upgrade to a higher cabin class.

4.2. The upgrade bids you have submitted are visible only to you and never to other guests on the ship. Only we know the value of your bids.

4.3. Upgrade bids are binding. If we accept your bid, you will be required to pay us the amount you have offered for the upgrade.

4.4. If we do not accept your upgrade offer, you are under no obligation to make any further payments to us.

4.5. On the bidding page, a minimum bid is displayed for each cabin category. Upgrade bids cannot be lower than the specified minimum amount.

4.6. Upgrade bids are submitted for the entire cabin, regardless of occupancy. Before you submit a binding upgrade bid, the final total amount of your bid will be displayed on the bid page. If you have taken out travel insurance through us, the sum insured will be increased by the amount of your upgrade bid, and this amount will automatically be covered by the insurance. This may result in an increase in the insurance premium you are required to pay. Any increase in the insurance premium will only be charged once your upgrade offer has been accepted and the new travel confirmation/invoice has been sent.

4.7. Any on-board credit or other price benefits associated with your original cabin category will remain valid. They do not increase as a result of a cabin upgrade and are not taken into account when calculating the upgrade bid.

4.8 Upgrade bids must be submitted in whole amounts in the currency of the original booking.

4.9 You must provide a valid credit card number for an upgrade bid. This credit card information is required to validate your upgrade bid. We do not store or retain them. If your upgrade bid is accepted, we will not automatically take payment using these credit card details. Payments shall instead be made in accordance with these terms and conditions (see, in particular, clauses 7 and 8).

4.10 You may only amend or withdraw your upgrade bid before the final deadline for bids specified in clause 5.2, and only whilst we have not yet accepted it. Please note the relevant instructions on how to amend or withdraw your upgrade bid on the bidding page.

5. During what period can I submit an upgrade bid?

5.1. The period during which you can submit a bid is known as the ‘bidding period’. The booking period usually begins one hundred and twenty-five (125) days before the departure date of your cruise.

5.2. The ‘latest possible booking date’ is three (3) days before your cruise departure date. The tender period ends on the final tender date.

5.3. We alone select the participating cruises and cabin categories that are available for upgrade bids under the programme. The availability of this programme is not guaranteed on all the cruises we operate. The selection of cabins available for upgrade under the programme is subject to availability on board and may change during the promotional period.

5.4. Regardless of their availability, not all categories are available for upgrade bids on every cruise.

5.5. We will continue to sell seats in the cabin classes available for upgrade bids through our sales channels during the offer period. Submitting a bid does not guarantee you an upgrade. Your upgrade bid must first be accepted by us. We cannot guarantee the availability of cabins from the range on the final bid date or on the day of your upgrade bid.

6. What happens after I've placed my upgrade bid?

6.1. If we accept your upgrade request, we will allocate you a higher-grade cabin within the relevant cabin category. This is known as an ‘upgrade cabin’. We will notify you by email once your upgrade bid has been accepted. We will then send you, or your booking agent if the booking was made through a travel agency or an online provider, a new booking confirmation by email.

Your booking confirmation will show your new cabin and the new total price of the trip, which is payable. This includes the original tour price, the additional surcharge for upgrading and, if you have booked insurance through us and the premium has increased, the new insurance premium.

6.2. We may accept upgrade bids at any time after they have been submitted, even before the deadline for bids as defined in clause 5.2. Once the bidding period has ended, we can accept your bid up to three days before the departure of your cruise at the latest. As a rule, we will only accept upgrade bids shortly before the start of your cruise. We reserve the right to make changes. We do not send interim notifications regarding the status of bids, the availability of upgrade cabins or our planned acceptance date.

6.3. If we accept your booking, you are obliged to pay us the final travel price stated in the booking confirmation in accordance with these terms and conditions.

6.4. We are only obliged to provide you with a higher-class cabin if we have received full payment for the upgrade within the time limits set out in clause 8 of these terms and conditions.

6.5 If we do not accept your upgrade offer, you will not be entitled to a higher-class cabin. In this case, you are not obliged to make any further payments.

6.6 Upgrade bids that have been paid for are non-refundable, unless expressly provided for in these terms and conditions. Please note that you do not have a statutory right of withdrawal in respect of the bid you have placed (see Section 312g(2)(9) of the German Civil Code (BGB)).

6.7 In most cases, we will accept the highest-value upgrade offer(s) for the relevant cabin categories. The criteria and procedures we use to accept upgrade bids are confidential in order to protect our business interests. The acceptance of upgrade offers and the allocation of higher-class cabins are always at our sole discretion. In some situations, we may therefore decide not to accept the highest upgrade bid we receive for a particular cabin class.

6.8 Your upgraded cabin includes all the amenities provided in the relevant cabin class and in accordance with the tariff you originally booked.

7. How do I pay for my upgrade bid?

7.1. The cabin surcharge will be shown on your updated booking confirmation/invoice in addition to your previously confirmed travel price. Payment will be made using the payment method specified in the booking. From 14 days before departure, payment of the cabin surcharge can only be made by credit card or bank transfer (the latter only up to 5 days before departure). You can update your payment details at any time at https://payment.meinschiff.com/.

8. When do I have to pay for my upgrade bid?

Depending on when your upgrade bid is accepted, the cabin surcharge is payable either together with the balance or, if the balance has already been paid, immediately upon receipt of our invoice.

9. What happens in the event of a cancellation?

9.1. The cancellation terms for your cruise, as set out in our general terms and conditions, which can be found at www.meinschiff.com/en/gtc, also apply to upgrade bids.

9.2. Should your cruise be cancelled by you or by us after your upgrade offer has been accepted, the upgrade amount will form part of the tour price payable by you. Any cancellation fees that you are required to pay in accordance with our general terms and conditions of travel will be calculated on the basis of this increased tour price. If we cancel your cruise, any refunds or credits that we are required to grant you in accordance with our general terms and conditions of travel will also be calculated on the basis of this increased tour price.

10. Data Protection

10.1. Participation in the programme and the processing of personal data are based on a legitimate interest in accordance with Article 6(1)(f) of the GDPR. This interest stems from the fact that we generally assume our guests would be keen to upgrade to higher-quality cabins for their journeys in return for a fair additional charge. Our aim is to inform you about this option. If you no longer wish to receive information about cabin upgrades in future, you can unsubscribe from such emails via the link provided in the email we sent you.

To this end, we process your personal data. These are your name, your email address and – should you decide to take part in the programme and submit a bid – your booking details (e.g. payment details, travel details). The legal basis for the processing of this data is Article 6(1)(b) of the GDPR. Data processing is necessary for the performance of the contract relating to the upgrade.

10.2 In order to be able to offer the programme, we use the Canadian service provider Plusgrade Inc., which provides us with the platform. We have entered into a data processing agreement with Plusgrade Inc. which meets the requirements of Article 28 of the GDPR.

Before taking part in the programme, please bear in mind that, due to the involvement of Plusgrade Inc., Your data may also be transferred to Canada. The European Commission has issued an adequacy decision for Canada, according to which the level of data protection in Canada is equivalent to that of the EU (see here).

10.3 Further information on data protection at TUI Cruises can be found in our Privacy Policy, which you can view at www.meinschiff.com/en/data-protection.

11. What else should be borne in mind when it comes to upgrade bids?

11.1. By submitting an upgrade bid, you confirm that you agree to these terms and conditions.

11.2 Upgrade offers apply only to your cabin. We cannot guarantee that, once you have accepted the upgrade, your cabin will still be located near the cabins of the other passengers you are travelling with.

11.3 We will assess the upgrade bids on the basis of our carefully defined criteria in accordance with clause 6 of these terms and conditions. However, any decision we make as to whether or not to accept an upgrade offer in accordance with these terms and conditions is at our sole discretion. Should we not have accepted your upgrade offer, we will inform you of this 2 days before your cruise departs.

11.4 We make no promises, representations or guarantees to you that you will receive an upgrade as a result of submitting a bid.

11.5 Should circumstances beyond our control make it necessary, we reserve the right to amend these General Terms and Conditions of the Programme, as well as any upgrade cabin allocated to you, or, if necessary, to withdraw them entirely. This can happen at any time, even after we have accepted your bid. Should we, in this instance, be unable to allocate you a cabin in the same cabin category as the one for which you received an upgrade, you will be refunded any amounts you have already paid for an upgrade bid. In this case, you are not obliged to pay us any further sums. Except in cases where you are entitled to such a refund, we shall not be liable to you for any costs or expenses you may incur as a result of us amending or discontinuing the programme.

11.6 Our general terms and conditions of travel, to which you agreed when booking your cruise, remain unaffected by your participation in this programme and continue to apply unchanged alongside these terms and conditions.

11.7 These terms and conditions are governed by the law of the Federal Republic of Germany.