The following contractual conditions regulate the legal relationship between the charter company and the charterer. The subject of the contract is the rental / charter of a boat or cabin. The contractual partner of the customer (charterer) and thus the charter company is CEF Yachting.
1. Conclusion of the travel contract
By registering, the travel participant offers us a binding offer to conclude a travel contract on the basis of the travel advertisement, the information on the relevant trip during a telephone consultation and the website as well as these travel conditions. Registration can be made orally, in writing, by telephone or electronically. It is carried out by the applicant as for his own listed participants, for whose contractual obligations the applicant is responsible as for his own obligations, provided that he has taken on a corresponding separate obligation by express and separate declaration. The registration by the charterer corresponds to an offer and CEF Yachting informs you of the conclusion of the contract by means of a written booking confirmation.
2. Payment, deposit
After the booking confirmation has been issued, i.e. after the travel contract has been concluded, you are obliged to pay a deposit of 40% of the total price within a period of 7 calendar days if the charter is more than 6 weeks before the start of the charter. The remaining payment of 60% of the travel price is due on the first day before the start of the journey and must be paid in Ba. If the services are not provided in accordance with the due payment, the charter company is entitled to withdraw from the charter contract after a reminder with setting a deadline and to charge the charterer with cancellation costs in accordance with section 5. Payments must always be made by bank transfer. Different payment modalities can be agreed in the charter contract.
3. Services, start and end of the trip
The scope and type of the services contractually owed by us result from the service description (booking confirmation). The official start (boarding) is set at 3:30 p.m. for the respective day of arrival. The ship must generally be vacated by 10:00 a.m. on the day of check-out.
4. Changes in services
Changes to essential travel services that become necessary after the conclusion of the contract, which CEF Yachting does not bring about in good faith, are only permitted insofar as the changes are not significant and do not affect the overall design of the booked trip.
The use of another ship - if the customer is accommodated in a similar way - does not constitute a significant change.
5. Withdrawal by the travel participant, rebooking, replacement persons
The participant can withdraw from the trip at any time before the start of the trip. The receipt of the declaration of withdrawal by CEF Yachting is decisive. it is recommended to explain the resignation by writing. If the participant withdraws from the contract, CEF Yachting loses the right to the agreed travel price. However, CEF Yachting can demand appropriate compensation for the travel arrangements made and for your expenses, the amount of the compensation being determined by the travel price.
CEF Yachting can demand lump-sum compensation as follows:
a) up to the 61st day before the start of the journey 30%,
b) from the 60th to the 24th day 50%,
c) from the 23rd to the 16th day 75%,
d) from the 15th to the 10th day 85%,
e) from the 9th day to one day before the start of the journey 95%,
f) on the day of travel or in the event of no-show, 100% of the travel price. The customer is always free to prove that the damage did not occur or not in the amount calculated by the tour operator.
6. Withdrawal and termination by the organizer
Withdrawal must be declared to the travel participant no later than 90 days before the agreed start of the journey. Payments made on the travel price will be reimbursed to the participant immediately. If the participant disturbs persistently in spite of a corresponding warning from CEF Yachting or if he behaves contrary to the contract to such an extent that a continuation of the contractual relationship with him until the agreed termination or the expiry of a period of notice is unreasonable (e.g. he permanently disrupts the trip and opposes the Orders of the captain), or otherwise strongly contrary to the contract, CEF Yachting can terminate the travel contract without observing a notice period. In doing so, CEF Yachting retains the right to the travel price minus the value of saved expenses and, if necessary, reimbursements by service providers or similar advantages that it obtains from other use of the unused service. The disturber bears any additional costs for the return transport himself.
7. Unused services, trip cancellation by participants
If the cruise participant does not make use of individual services as a result of a premature return trip / interruption of the cruise, due to illness or other reasons for which CEF Yachting is not responsible, the participant is not entitled to a proportionate reimbursement of the cruise price. CEF Yachting will endeavor to reimburse the saved expenses with the respective service providers and will reimburse saved expenses - however without acknowledging a legal obligation - as soon as and to the extent that these have actually been reimbursed to CEF Yachting by the service providers.
8. Services
Which services are contractually agreed can be found in the service descriptions in the detailed programs or in the Internet advertisement and the information relating to this in the travel confirmation.
The information contained in the detailed advertisements or the internet advertisement is binding for the organizer. However, the organizer expressly reserves the right to change the program information prior to the conclusion of the contract, about which the traveler will be informed prior to booking. The information in the travel information on the respective trip sent with the travel confirmation has been created to the best of our knowledge and belief. However, since individual provisions or partial aspects of the trip can change, no guarantee can be given for the year-round validity of this information. The captain has the right to change the course of the tour and the route according to the weather conditions or in the case of overcrowded bays, harbors.
9. Obligations of the participant, remedy, setting a deadline prior to termination by the participant.
The voyage participant must immediately notify the captain or the CEF Yachting office of any defects at the address / telephone number given below and a remedy is to be requested there. If the participant culpably fails to report a defect, there is no entitlement to a reduction in price. Every defect should be recorded in writing (e.g. in the logbook). If the travel service is not provided in accordance with the contract, the customer can request a remedy, whereby CEF Yachting can refuse the remedy if it requires disproportionate effort. CEF Yachting can remedy this in such a way that it provides an equivalent or higher-quality replacement service.
If a trip is significantly impaired as a result of a defect and the tour operator does not provide a remedy within a reasonable period, the customer can terminate the travel contract within the framework of the statutory provisions, whereby a written declaration is recommended for reasons of evidence. In this regard, CEF Yachting informs the customer of the obligation to notify a defect immediately, as well as the fact that a reasonable deadline must be set for remedial action before the travel contract can be terminated. It is not necessary to set a deadline if the tour operator refuses to remedy the situation or if the immediate termination of the contract is justified by a special interest of the traveler.
10. Participation of the cruise participant
The participant is obliged to cooperate in the event of disruptions in performance within the framework of the statutory provisions on the duty to minimize damage, to avoid possible damage or to keep it to a minimum. It is the responsibility of the participant to have his family doctor checked before the trip, if necessary, whether his physical constitution allows participation in a boat trip with the stresses that are typical here (possibly also swimming in deep water).
11. Limitation of liability of the tour operator
The contractual liability of CEF Yachting for damage that is not physical damage is limited to three times the price of the trip per trip and customer, provided that the damage was not caused intentionally or through gross negligence or as far as the tour operator for damage caused to the customer is solely due to a fault Service provider is responsible. For all claims for damages against CEF Yachting from tort that are not based on intent or gross negligence, the liability of CEF Yachting for property damage is limited to three times the travel price per trip and customer.
12. Legal basis / place of jurisdiction
The customer can only sue the contracting party at its registered office. The customer's place of residence is decisive for actions brought by the company against the customer. The law of the country in which the charter company is based applies to all claims arising from this contractual relationship.
13 Exclusion of claims / notification periods, statute of limitations
Travel contractual warranty claims must be asserted against CEF Yachting at the address given below within one month after the contractually stipulated end of the trip. The captain is not authorized to accept claims or to judge them.
Travel contractual claims of the participant according to §§ 651c to 651f BGB expire after one year. The statute of limitations begins on the day on which the trip should end according to the contract. Pending negotiations between the customer and CEF Yachting about the claim or the circumstances giving rise to the claim, otherwise the statute of limitations is suspended until the participant or CEF Yachting refuses to negotiate. The statute of limitations occurs at the earliest 3 months after the end of the suspension. Claims from tort are subject to the statutory limitation period.
14. General
All personal data that are made available to the charter company to process the charter contract are protected against misuse in accordance with the relevant data protection regulations. The place of jurisdiction is Bodrum, Turkey
