Terms and Conditions of BULUT YACHTING, Demre(Antalya),Turkey
The following Terms and Conditions regulate the legal relations between Charterer Company and the Charterer. The subject of the agreement is the rental/Charter of a boat or a cabin. Additionally this is a travel agreement according to § 651a German Civil Code.
Contractual partner of the customer (Charterer) and herewith Charterer Company is BULUT YACHTING, Demre(Antalya),Turkey , Demre (Antalya) Turkey.
1.Concluding the travel contract
With booking a journey the customer offers us the conclusion of a binding travel contract on basis of the travel details, hints to the journey in a telephone consultation and the Website, as well as these travel conditions. The reservation can be made orally, in writing, by telephone or electronically.
The reservation made by the person placing the order shall also apply to all parties listed therein; the person making the reservation shall be vicariously responsible for compliance with the contractual obligations by such persons, to the extent that he/she has expressly declared willingness to do so in a separate agreement to this effect.
The booking by the charterer is equivalent to an offer and BULUT YACHTING will inform you with a written booking confirmation about the conclusion of the contract.
2. Payment, Deposit
After issuing the booking confirmation i.e. after conclusion of the travel contract, you will be obliged, with more than 6 weeks ahead of the starting date of the charter to accomplish a down payment of 35% of the total price within a period of 10 calendar days.
The final payment of the travel price is due and has to be paid 4 weeks ahead of the starting date of your trip. If the deposit payment should not be made until the corresponding payment due date, the charterer company is entitled to repudiate from the travel contract after a legal demand with fixing of a time-limit and charge any cancellation costs in accordance with No 5 to the customer's account. Payments have to be made always by transfer. Deviating Payment methods can be agreed upon in the Charterer contract.
3. Services, Start and End of the yourney
Extent and nature of the services as stipulated in the contract result from the service description (order confirmation). The official beginning (access to the ship) will be for the respective day of arrival at 5.00 p.m. On the end of the yourney the ship has to be left at 10.00 a. m.
4. Changes in Performance
Any changes and/or variations of the content of the contract agreed upon regarding particular services that become necessary after the contract has been signed and which are not made by BULUT YACHTING Demre(Antalya),Turkey in bad faith are only permissible in cases in which these changes are relatively minor in nature and in which they do not contribute to a substantial change in the character of the trip you have booked. Deployment of anothter ship is deemed to be- in case of a similar acommodation of the customer - as not substantial change.
5. Cancellation, Change of Reservation, Substitute Traveller
the customer can withdraw from the trip/service at any time before departure date. The date of cancellation shall be the date of receipt at BULUT YACHTING, Demre(Antalya),Turkey. It is advisable to declare such withdrawals in writing.
In case you decide to withdraw from the contract, BULUT YACHTING, Demre(Antalya),Turkey shall lose his entitlement for the trip price. BULUT YACHTING can however assess a proper compensation for the travel preparations effected and for expenses incurred, the surcharge will be charged on basis of the trip price.
BULUT YACHTING in case of termination is allowed to demand an overall refund which is calculated as follows:
Until the 56. day ahead of beginning of the journey € 50
Until the 30. day ahead of beginning of the journey 25% of the trip price
Until the 29. to 22. day ahead of beginning of the journey 40% of the trip price
Until the 21. to 14. Tag day ahead of beginning of the journey 50% of the trip price
Until the 13. day ahead of beginning of the journey 90% of the trip price
The customer shall be free to prove that no damage occurred or that the damage is substantially less.
Following booking, should the customer wish to change/rebook anything, such as the date of departure, the destination, the place of departure, BULUT YACHTING can charge a rebooking fee up to 50,- Euro. A legal entitlement on rebookings does not occur. A rebooking is possible at the most until the 35. day ahead of beginning of the journey. After that modifications are only possible after prior withdrawal from the travel contract under the above mentioned conditions and simultaneous application by the participant. The participant is always entitled to prove, that there are not any expenses or that the expenses are considerably minor than the mentioned flat sum. If the participant should be unable to do this trip, he has the opportunity to provide a substitute person until beginning of the journey, that will take over his or her rights and responsibilities. The substitue person has to be indicate to BULUT YACHTING prior to the journey. BULUT YACHTING may object to such substitution, if the person concerned does not meet the specific tour requirements or statutory provisions or administrative orders stand in the way of his/her participation. The person entering into the contract and the person originally intended for the journey are liable against BULUT YACHTING for the travel price and are liable as joint debtors for all additional cost caused by the inset of the substitute person.
We recommend you to book a travel cancellation insurance as well as an insurance to cover the transportation in case of accident or illness as well as a health insurance, that is valid abroad.
6. Cancellation and termination by the tour organizer
The traveller has to be informed by a cancellation at the latest 28 days before the contractually stipulated start of the trip. Payments already made shall be reimbursed immediately. If a participant despite a warning by BULUT YACHTING should sustainable disturb or act contrary to the contract to an extent that continuing the contract to the agreed termination or expiry date is unreasonable (e.g. disturbs the trip sustainbly and resist the orders of the captain), or acts strongly contrary the contract BULUT YACHTING may cancel the travel agreement without due notice. Hereyby BULUT YACHTING will retain the claim for the travel price less any savings in expenditure made or similar advantages by alternative utilisation of the service booked. The disturber has to pay eventual additional expenses for transport back.
7. Not used services, Break off by the participant
If the traveling person cannot use the services because of earlier departure/break off the trip because of illness or other circumstances beyond control of BULUT YACHTING , the participant shall not be entitled to any proportional refund of the trip price. BULUT YACHTING will endeavour to arrange that any moneys related to the unused services are refunded by the service enterprise and will pay - but without acknowledging any legal obligation - expenses saved, when and if they have been actually repaid by service providers to BULUT YACHTING.
8. Obligations of the participant, response, formal notice before termination of the participant
The participant has to inform the captain or the office of BULUT YACHTING with the below mentioned address / telephone number, of any defects without delay and ask for remedy. In case the participant shoul culpably not inform about a defect, a claim for abatement does not occur. Any defect should be noted in writing if possible (e. G. in the logbook).
Should the trip not be carried out in accordance with the contract, the customer is entitled to demand corrective measures, however BULUT YACHTING can refuse measures, if it requires disproportionate effort. BULUT YACHTING may also provide redress in the form of an equivalent or better alternative service
If a tour is considerably impaired as the result of a defect and if the travel organisation does not remedy the situation within a reasonable period of time the participant may terminate the travel agreement within the scope of the statutory provisions; in his own interests and in order to document such action, notice of termination should be made in writing.
BULUT YACHTING informs in this regard about the duty of the participant, to inform about an irregularity, and the fact that is required before termination of the travel contract, to set reasonable period for corrective measures. A space of time will not be needed if the redress is impossible or denied or immediate redress or termination is required due to a particular interest of the client.
9. Co-operation of the participant
The participant is committed within the legal representation that by the appearance of any problems in the services, they should help, in order to avoid any damages completely or to at least keep them to a minimum. It is the participant's responsibility to check by his family doctor whether his physical condition is sufficient (to participate in a voyage with typical stresses, here to swim in deep water) before the journey.
10. Limitation of liability of the Tour organiser
The contractual liability of BULUT YACHTING for damage which is not physical is restricted to the triple amount of the price of the journey as soon as a damage is caused neither by intention nor by gross negligence or only in case when one of our members of staff is responsible. For all claims directed to BULUT YACHTING as a result of unauthorised actions, which are not due to gross negligence or with intent, the tour operator assumes liability for damage to property up to is restricted to the amount equal to 3 times of the travel price per trip and per customer.
11. Legal basis/ place of jurisdiction
The customer can only sue the contractor at his registered office. Proceedings of the company against the customer, will be conducted in the customer's place of residence. For all proceedings arising from this contractual relationship the law of the State in which the charter company is located is valid.
12 Exclusion of liability / notification period, limitation period
Wwarranty claims in the framework of the travel contract Claims of the contracting party are to be asserted against BULUT YACHTING under the below mentioned address no later than one month after the contractually envisaged completion of the performance. The captain is not entitled to ist nicht ermächtigt, to accept claims.
Claims of the participant from a travel contract according to §§ 651c bis 651f German Civil Code shall lapse within one year. The limitation of action begins on the date on which the journey should end according to the contract. If negotiations are in progress between the customer and the tour organizer as to the claim or the circumstances substantiating the claim, the limitation of actions is suspended until the customer or BULUT YACHTING refuses to continue the negotiations. The limitation shall take effect at the earliest 3 months after the end of the suspension.
13. General
Any personally identifiable information you may provide to us within the processing of this contract are protected by this Privacy Policy.All personal data which we receive for the processing of this contract are protected against improper use by relevant data protection provisions.
Tour organizer:
BULUT YACHTING
Cayagzi Mevki.
Demre (Antalya) Türkei
Tel. 0090-5368 612129
mailto: info@bulut-yachting.com
www.bulut-yachting.com