General Terms and Conditions
1. Conclusion of the Travel Contract
1.1 When the customer (hereinafter referred to as “Client”) requests a booking he declares his intention to enter into a binding contract with Blau Perle Turizm Yatcilik Ticaret Ltd. Sirketi (hereinafter referred to as “Tour Operator”). The booking order can be made orally, by electronic means (via internet or email) or in writing either formally on a preprinted document or informally. Any extras, special requests or bookings under a certain condition are only binding if they are accepted in writing by the Tour Operator. The contract is firm and binding with the confirmation by the Tour Operator. The acceptance of the firm and binding contract is not bound by any specific form. With the conclusion of the contract or shortly after the Tour Operator present the Client with the written tour confirmation.
1.2 If the content of the confirmation differs from the booking, the confirmation shall be regarded as a new offer by the Tour Operator and he is bound to this offer for a period of ten (10) days. The contract will be concluded on the basis of this offer if the Client opts in during the commitment period of ten (10) days. This acceptance can be expressed orally, in written form or by prepayment.
1.3 Each Client has the joint liability to the Tour Operator for the fulfillment of contractual obligations of all persons he has booked to the tour.
2. Terms of Payment
2.1 25% of the tour price is to be paid by the Client upon conclusion of the contact and within a period of seven (7) days after receipt of invoice. This prepayment will be deducted from the total tour price.
2.2 The outstanding balance shall be paid by the Client’s own accord twenty eight (28) days prior to the travel date.
2.3 In case of special arrangements with add-on services, the payment for these additional services shall be tied to handing over of the secured payment certificate.
2.4 The travel documents will be made up eight (8) days prior to the travel date at the very latest and will be mailed immediately if the outstanding balance has been received by the Tour Operator.
3. Services
3.1 The extent of services included in the contract is limited to services outlined brochures, catalogs or the internet descriptions of the named tour and the relevant details in the respective booking confirmation.
3.2 Full board commences with the embarkation and depending on the time of arrival consists of a light snack or a full meal on the first day. It ends with the debarkation either with a breakfast or a lunch on the last day.
3.3 The travel services are binding and are provided through the sole response-bility of the Tour Operator in accordance with the tour description in the brochure or the internet. However, the Tour Operator expressly reserves the right to change the program during the tour because of any unforeseeable and – despite all due care – unavoidable reasons, e.g. bad weather condi-tions. The Client will be informed on the change and its reason as soon as possible.
3.4 The Tour Operator is committed to placing booking orders with proper care and to provide the Client the guidance and information which are required to this end. Because changes in the program are possible, the all-season validity of information cannot be guaranteed.
4. Contract Alterations & Price Variations
4.1 Changes or alterations of the offered services in the tour program which become necessary after tour start and which were unforeseeable and unavoidable despite the Tour Operator was acting in good faith are only acceptable if they are not of substantial nature and the Tour Operator does his best to offer alternative arrangements that preserve the main purpose of the travel program. Warranty claims remain unaffected if the changes or alterations are inadequate and poor. The Tour Operator is obliged to inform the Client on any change or alteration of the tour program as quickly as possible. If it is deemed necessary the Tour Operator may offer a free-of-charge change in booking or a cancellation of the tour with a full refund of all costs for the non-delivered services to the Client.
4.2 The Tour Operator reserves the right to increase the price which had been confirmed at the time of booking or to alter tour services provided that it is for reasons beyond his control, such as increase in transportation costs, fuel prices, taxes, harbor dues, airport charges, other rates and fees if there is a time between the confirmed booking and the tour start of more than two (2) months. If such a case occurs, the Client will be informed without any delay, at least twenty eight (28) days prior to the travel date.
4.3 Any increase in the tour price is prohibited from twenty (20) days prior to the travel date onwards. The Client has the right to cancel his booking on a non-charge basis or to request participating in an equivalent tour with no extra charge if the price increase is more than 5% of the total or the changes and alterations of the tour are of substantial nature.
4.4 The Client shall assert his right immediately after the Tour Operator informed on the price increase or tour alteration.
5. Cancellation by Client, Change in Booking or in Person Travelling
5.1 The Client is entitled to cancel the travel contract any time. The cancellation shall be done in writing. All travel documents shall be returned to the Tour Operator without any delay. The receipt of the cancellation by the Tour Operator is crucial to the acceptance.
5.2 If the Client cancels the tour or doesn’t show up, the Tour Operator is entitled to get a compensation fee for his expenditures in preparing the tour. Saved expenditures and the possibility of an alternative usage will be duly taken into account when determining the exact compensation fee. The Tour Operator will calculate the compensation by taking into consideration the time span between the cancellation and the tour start as a percentage of travel price
The cancellation fee is outlined in the following table:
up to 121 days prior to departure 50.00 € per person
120 – 96 days prior to departure 5%, at least 100.00€ per person
95 – 46 days prior to departure 15%
45 – 29 days prior to departure 25%
28 – 15 days prior to departure 45%
14 – 7 days prior to departure 75%
from 6th day onwards 95%
In addition, the Tour Operator is entitled to request the actual expenses which had been made to date the cancellation by the Client had been received. It is the right of the Client to prove to the Tour Operator that no or less financial damage occurred exceeding the cancellation fee.
5.3 Cancellations of sub-services are considered being a change in booking. A one-time handling fee of 10.00 € will be charged.
The Tour Operator does not offer any travel cancellation insurance. It is at the own discretion of the Client to effect such an insurance policy with an agency of his choice.
5.4 The following contract alterations will result in a handling fee of minimum 50.00 € per person: changes in the travel date and destination, place of embarkation or debarkation, accommodation, means of transportation or different airline (if booked by the Tour Operator). All contract alteration has to be done in writing.
Upon request a change in time and date of departure or a prolongation of the tour could be arranged. A minimum handling fee of 100.00 € plus all extra costs will be charged.
5.5 Prior to the tour start the Client may transfer his/her status under the travel contract to a third party. All additional expenses, at least 100.00 €, have to be borne by the Client. The Tour Operator has the right to disapprove if the third party does not meet the requirements of the tour or participation of this third party would contradict statutory provisions or regulatory actions.
6. Annulment or Termination of the Contract by the Tour Operator
The Tour Operator reserves the right to annul the contract prior to departure or to terminate the contract during the tour under the following circumstances:
6.1 The Tour Operator obtains knowledge of reasons provoked by the personality of a Client which may strongly disturb the smooth conduct of the tour. In this case Section 5 “Cancellation by Client, Change in Booking or in Person Travelling” applies.
6.2 Termination of Contract Without Term, if a Client deeply and permanently disrupts the smooth conduct of the tour despite the admonition of the Tour Operator or if the Client acts in violation of the contract in such a way that the termination of the contract is justified. This is also the case if the Client is not fit for continuance of the tour for reasons of illness, lack of necessary physical fitness or serious health detriments. If the Tour Operator terminates the contract with this Client, he is entitled to the travel price, but has to deduct the saved expenditures and advantages which he may gain by redirecting the services not consumed by the Client.
6.3 Termination of Contract at a Term of Four (4) Weeks Prior to Departure, if the number of Clients has not reached the minimum number of participants mentioned in the relevant tour description and documents. In this case the Tour Operator has the immediate obligation towards the Client to inform on this fact and shall mail the travel cancellation letter without delay. If it becomes clear at an early stage that the minimum number of participants cannot be achieved, the Tour Operator has to inform the Client in time. If despite all efforts of the Tour Operator the number of participants is too small to guarantee an economically profitable conduct of the tour, the tour can be cancelled as well.
In all these cases the Client gets the full refund of the travel price. Any further claims of the Client against the Tour Operator are excluded.
7. Annulment of Contract due to Unusual Circumstances
7.1 If the smooth conduct of the tour is strongly complicated, endangered or negatively affected by circumstances beyond the control of the Tour Operator (Force Majeure) which were unforeseeable when the contract was concluded, both the Tour Operator and the Client have the right to terminate the contract. If the contract is terminated the Tour Operator is entitled to demand an appropriate compensation for the services which have already be consumed or which are yet to be delivered in order to end the tour at best. Furthermore, the Tour Operator has the obligation to take all appropriate measures for taking the Clients home safely especially if the return trip is a contractual obligation of the Tour Operator. Any extra costs of the return trip shall be evenly divided between the parties. All other extra costs will be borne by the Client.
8. Tour Operator’s Liability
8.1 Within the bounds of a respectable merchant’s obligation to care, the Tour Operator is liable for:
a) diligent planning of the tour
b) careful selection and control of the suppliers and service providers
c) accurate and detailed description of all program points provided that the Tour Operator has not advised changes in the program in accordance with Section 3
d) proper performance of the contractually agreed services
8.2 The Tour Operator is liable for any fault on behalf of persons who are responsible for providing the services.
8.3 If services of the public transport systems are utilized in the context of the tour or in addition to it and the Client gets the ticket or other proof of transporta-tion, the Tour Operator offers an external service on the understanding that this service is explicitly mentioned in the tour description. The Tour Operator is not liable for the correct delivery of the service. Any claim of the Client will be regulated on the basis of the Conditions of Carriage of the external service provider which shall be made aware of and shall be handed over to the Client if he wishes so.
8.4 When travelling on a regular flight, the claims of the Client will be regulated on the basis of the stipulations of the “Warsaw Treaty”. Any further claims against the Tour Operator are not justifiable.
9. Limitation of Liability
9.1 The contractual liability of the Tour Operator for non-physical damages incurred by the Client are limited to the two-time amount of the total travel price:
a) if they are not caused intentionally or by gross negligence and
b) if the Tour Operator bears the responsibility for culpability of a service provider
9.2 The Tour Operator is liable for damage claims of civil offence which are not caused intentionally or by gross negligence not exceed an amount of 2,000.00 € for property damages. If the two-time travel price exceeds this amount, the liability for property damages shall be limited to the two-time travel price. This upper limit of liability applies to each Client and for each tour.
9.3 The Tour Operator is not liable for non-delivered services if they are genuine external services which the Tour Operator has only facilitated and which are not inherent part of the travel package. This applies especially to all water sports activities, e.g. surfing, snorkeling, scuba diving, water ski etc. which are explicitly mentioned in the tour description as being external services or optional activities. These services are offered by external suppliers who entered into a separate contractual relationship to the Client. This also applies if the Tour Operator participates in such sport activities.
The Tour Operator is also not responsible for any information contained in brochures, hotel flyers and other printed matters of external service suppliers.
9.4 The Tour Operator is not liable for injuries caused by any activities, including sports activities, if they are not caused intentionally or by gross negligence of the Tour Operator. Activities of this character require the exercise of due diligence by both Client and Tour Operator.
9.5 Any damage claim against the Tour Operator is limited by international agreements and a related legislation which can be applied to the services of any service provider and which exclude damage claims only under certain conditions.
10. Duty to Cooperate
10.1 Within the limits of statutory regulations it is the duty of the Client to prevent or to minimize damages as much as possible.
10.2 The Client has to assert his / her complaints and demands without delay and in a direct way to the representative of the Tour Operator Mavi Boncuk Cruise on site. The representative of the Tour Operator shall take remedial action within the bounds of possibility. The representative is not entitled to make a statement about damage claims. If no representative of the Tour Operator is available on site, the Client shall promptly and directly notify the Tour Operator by telephone or email.
10.3 If the Client is guilty of neglecting his / her duty to cooperate and to notify the damage, the damage claim will be discounted.
11. Exclusion of Claims and Statute of Limitations
11.1 Any claim of violating the Tour Operator’s duties as laid down in the contract shall be asserted by the Client to the Tour Operator within one month after the contractual termination of the tour. After the expiration of this term the Client can only assert his / her claim if he was guiltlessly unable to meet the deadline. It is in the interest of the Client to do the assertion in writing. The date of receipt by the Tour Operator is decisive for acknowledging the claim. Later claims are excluded from any liability.
11.2 Claims of the Client come under the statute of limitation after two years. The statute of limitation period begins at the day the tour ought to end. During negotiations between the Client and the Tour Operator on the damage claim or determining factors for the damage claim the statute of limitations are suspended. It will continue if the negotiations are broken off either by the Client or the Tour Operator. The statute of limitation starts three (3) months after the suspension at the earliest.
12. Passport -, Visa -, and Health - Regulations
12.1 The Tour Operator shall inform the Client on relevant passport -, visa -, health regulations and possible changes prior to the tour start. The Tour Operator explicitly refers to the respective pieces of information in the detailed tour description. The responsible diplomatic mission (consulate) will provide necessary information to foreign Clients.
12.2 The Tour Operator is not responsible for the timely issuance of the visa by the diplomatic mission and receipt of the visa by the Client. This applies even if the Client has awarded the mandate for this task to the Tour Operator unless the delay was at fault of the Tour Operator.
12.3 The Client has the obligation to gain available information on infection – and vaccine protection as well as other prevention measures. He / she shall consult the doctor. General information distributed by the public health office, medical and travel help lines or the Federal Center for Health Education shall be considered as well.
12.4 The Client is fully responsible to comply with regulations and formalities which are important for a smooth and safe conduct of the tour. All harm, especially cancellation fees, shall be at his / her own account if it is caused by disregard-ding these regulations unless the Tour Operator informed him / her wrongly or not at all.
13. Salvatorian Clause
Should one or more provisions in the travel contract be or become invalid, then it shall be replaced by that valid regulation which comes closest to its meaning and intention. All other provisions of the travel contract shall remain valid in that case.
14. Miscellaneous
All information on physical fitness requirements is given to the best of the Tour Operator’s knowledge and belief. They can be subject to correction because they are not only based on personal assessment, but are strongly influenced by external circumstances, especially the weather conditions, as well.
15. Place of Jurisdiction
15.1 The Client shall only file a claim against the Tour Operator, Blau Perle Turizm Yatcilik Ticaret Ltd. Sirketi at its place of jurisdiction which is Demre, Turkey.
15.2 The Tour Operator shall file a claim against the Client at his / her place of residence, unless the indictee is a merchant who has been entered as such in the commercial register or is a person with an unknown place of residence or habitual residence. In such a case the place of jurisdiction of the Tour Operator overrides.
16. Tour Operator
BLAU PERLE TURIZM YATCILIK TiCARET LIMITED SiRKETi / Headquarters in Demre, Tukey
Email: info[at]maviboncuk-yachting.com