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Terms & Conditions

Terms & Conditions of METS Yachting

Your Agreement with us This contract is signed between METS Yachting herein after referred to as ‘METS Yachting’ and Mr / Mrs/ Miss. ……………., at …………………. herein after referred to as ‘client(s)’ When you make a booking you have consented to abide with the agreement of the terms & conditions set forth in this the terms and conditions agreement of METS Yachting, accepting on behalf of all your party the terms and conditions and pay a deposit of 25% per person of the tour price in currency … (dep. are non refundable / non transferable ). Deposit for trade customers is 10% … per customer (non refundable / non transferable) and should reach us next working day according to the date that the customer makes the booking with the agent. The remainder of all monies for the Tours and packages as sold by METS Yachting shall be paid in full 8 weeks prior to departure date of booking All tours in this brochure and the web site addressed at url’s: www.metsyachting.com operated by ‘METS Yachting’. The attention of the client is drawn to the conditions below which constitute the contract between the client and METS YAchting. We strongly recommend you to book your tour as early as possible to ensure your place on the desired tour. METS Yachting accepts all major credit cards. Tour Membership: Any person aged 12 or over is eligible, though if less than 18 years of age, must be accompanied by a parent or guardian with proof satisfactory to METS Yachting in its sole discretion that such person has the requisite authority to have custody and care for such child. Unless such proof is furnished to METS Yachting, METS Yachting shall have the right to decline or retain any such child as a tour passenger. BOOKING CONDITIONS 1). All bookings are made and accepted subject to the terms set out herein and further, the conditions and guidance set out in our tour guidelines. 2). When requested to confirm your booking, (either orally or in writing) we will do so immediately. In return you will send us your deposit of 25% of the tour price per person with a deadline of payment in full 8 weeks before departure (unless previously agreed otherwise in writing). 3). the client making the booking does so for all other persons named as travelling in that clients’ party. As the principal client making booking that client is obliged to: (i) Bring these terms and conditions to all others in the party; (ii) Establish their needs in relation to travel insurance. (iii) Become principally liable to METS Yachting for the cost of the holiday. 4). The balance of the holiday cost must be received by us at least 8 weeks before the departure date, otherwise we reserve the right to cancel your booking, and you could be liable to pay cancellation charges of up to 100% of the final holiday cost as shown in condition No 10. 5). For all bookings made within 2 weeks of departure, the holiday is confirmed as soon as oral confirmation is given over the telephone, or written confirmation is given by any means of transmittal. If you subsequently cancel your booking, cancellation charges shown in condition No 10 apply. All monies in respect to the total cost of the holiday must accompany the signed booking form. 6). Your holiday price may increase for various reasons over which we have no control. These include government action, (either domestic or overseas), currency fluctuation, aircraft fuel charges, over flying charges and increases in airfares. In the event of these or similar increases, we will absorb the equivalent of 2% of the holiday price excluding insurance premiums. Thereafter, amounts in excess of 2% will be charged to the client who will be entitled to cancel the holiday for a full refund (excluding any premium paid for insurance). If the client cancels due to surcharge, the client must do so in writing within 14 days of the date upon the surcharge. 7). METS Yachting shall have the right to cancel a client’s holiday but only in the following circumstances and in the following terms. (a) At any time owing to Force Majeure, in which case METS Yachting shall offer if available holiday arrangements of a similar standard provided by METS Yachting or refund all monies paid by the Client in respect of the arrangements showing on METS Yachting’ confirmation invoice within 14 days; (b) At the due date if the Client has failed to pay the full balance of the holiday price in accordance with Booking Condition No. 1, in which case cancellation charges as per Booking Condition No. 10 will apply; (c) At any time, should METS Yachting so decide in which case METS Yachting shall make the other or refund as mentioned in paragraph (a) above. Provided that METS Yachting uses its best endeavours to comply with this Booking Condition, METS Yachting will not be liable for any breach of contract or claim that may arise as a result of inconvenience suffered. 9). ALTERATIONS BY THE CLIENT: (a) If the Client needs to cancel, part cancel or change accommodation, flights dates or names or the party from other from that which was originally confirmed by the METS Yachting before departure date, METS Yachting additionally reserves the right to charge a fee of up to €75 per person, it is the responsibility and duty of the clients to check and verify that all booking details names and travel arrangements received by them are correct at time of travel and to inform the METS Yachting in a given time(b) If a client wishes to cancel, part cancel or change accommodation, and flights, dates and names of the party before departure, the client shall pay the percentage cancellation charges set out in Booking Condition No. 10. METS Yachting reserves the right to re-calculate the holiday price for the remaining clients taking into account the financial consequences of any partial cancellation. (c) If a Client chooses to modify the arrangements during or after commencement of the holiday i.e. changes to accommodation, names of passenger, or the duration of the stay; they will be deemed to be breaking their contract with METS Yachting. METS Yachting cannot therefore accept liability for any loss, damage, or additional expenses and no refunds for unutilized services or arrangements will be made. 10). CANCELLATIONS BY THE CLIENT: All cancellations by the Client must be in writing from the person who signed the booking form, by recorded delivery. Cancellation applies only from the date of receipt by METS Yachting of cancellation notification. If the cancellation notification is received 8 weeks or more before the departure date, only the holiday deposit and insurance premium are forfeited. Within this period, the following percentage will be payable as a cancellation charge by the client: up to 14weeks: 10 %; 10 weeks : 30 %; 5 weeks : 75%; 3 weeks -1 day: 100%; on or after departure: 100%. NO refunds for any unused parts of the holiday/ tours – so if you decide to cut short your vacation or don’t stay in the hotel, or don’t do a particular tour then we will not refund you for the unused parts. The above cancellation charges represent the best possible estimate by METS Yachting of the likely losses as a result of your cancellation. They shall also apply to holidays, which are foreshortened, after they have been booked. In the event of a cancellation charge arising under this clause the amount due must be paid by the Client to METS Yachting within 7 days of the charge arising, notwithstanding the fact the Client’s holiday insurance policy may cover the cancellation charge. It is the Client’s responsibility to claim any insurance monies due as METS Yachting cannot claim on behalf of the client. 11). LIABILITY OF METS Yachting & RESPONSIBILITIES OF THE CLIENT: (a) we will arrange for u to receive the services that make up the holiday/tour that you choose and book with us. These services will be provided either directly by us or by independent suppliers contracted by us. We are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as described in nay of our brochures or on our website. We have no direct control over the way our suppliers provide their services, but everyone employed or contracted by us or by our suppliers is expected to carry out their duties properly. All bookings for conveyance are accepted by the Client subject to the conditions of carriage appearing on the ticket or voucher issued by the carrier and METS Yachting shall not be liable in respect of such conveyance. Thus, METS Yachting accepts responsibility, should the services it is contractually obliged prove deficient or not of reasonable standards. This will not apply in circumstances amounting to Force Majeure. (b) METS Yachting and/or their agents, act only as agents for the passenger in regard to travel, whether by motorcar, van, minibus, boat, or airplane and assume no liability for injury, damage, loss, or accident, delay or irregularity which may be occasioned either by reason of default of any company or person engaged in conveying the passenger or in carrying out the arrangements of the tour. They cannot accept responsibility for losses, or additional expenses due to delay or changes in air or other services, sicknesses, strike, war, quarantine, or other causes. All such losses or expenses shall be borne by the passenger as tour rates provide for arrangements only for the time stated. The right is reserved to substitute hotels with best available alternatives for those indicated and to make any changes in the itinerary where deemed necessary or caused by air schedules or other reasons. The prices of the tours were based on tariffs and exchange rates in effect at time of printing ( 2006) and are subject to adjustment in the event of any change therein. The issue and acceptance of voucher or tickets shall be deemed to be consent to the above conditions. (c) Any claims made pursuant to (a) above, must be notified to METS Yachting within 14 days of return from holiday and shall be subject to Turkish Law. The Client must assign to METS Yachting all rights against any party to the claim and must give METS Yachting and its insurers full assistance in claiming against such party. (d) All arrangements for land accommodations and transportation are made by METS Yachting. Any action or proceeding arising out of any dispute with respect to these tours or this agreement shall be brought in a court in Marmaris, TR. You hereby submit to the jurisdiction of such courts in connection with any such action or proceeding. (e) All clients must be insured and are responsible for arranging this themselves before arriving at Turkey. (f) Outdoor activities are potentially risky; all clients who participate in tours do so at their own risk. METS Yachting is not responsible, nor does it accept any liability for death, personal injury, or illness caused to anyone on a tour. (g) METS Yachting is not responsible for the condition of any route on the tour. The Client follows routes at his/ her own risk. (h) METS Yachting reserves the right to prohibit any person/s from taking part in a tour, or part of a tour, which in the opinion of the guide is a danger to themselves, or to other members of the group, or who may cause exceptional interference with the day’s activity. (i) All clients must observe the laws in the country of the holiday/tour, and must possess correct visas and passports. METS Yachting is not responsible for any additional expenses or losses incurred by failure to produce the relevant documents. IMPORTANT NOTE Compensation will not be payable if we are found to cancel or in any way change your holiday due to war, or threat of war, riots, civil commotion, industrial disputes, disaster, terrorist activities, technical or other problems with transportation, closure of airport or seaports, alteration or cancellation of scheduled services or other events outside our control. This contract is made on the terms of these Booking Conditions, which are governed by Turkish law, and Clients shall submit the jurisdiction of the Turkish courts. 12). Our contracts with hotels and carriers provide for the allocation of rooms or seats to us. Your booking will be made within those allocations. But no specific rooms or seats can or will be confirmed. Although we will endeavour wherever possible to meet special requests shown on your booking form, no guarantee is given. 13). METS Yachting reserves the right in its absolute discretion to terminate without notice, the holiday arrangements of any METS Yachting passenger whose behaviour is such that likely in the opinion of METS Yachting to cause distress, damage, annoyance or danger to any third party. In the event of such termination, no compensation will be paid. 14). METS Yachting will not reimburse any customer who changes or does not utilize any part of the package arrangements, which they have booked and paid for with this company We will not be liable for any injury, illness or death which was caused by an event or circumstances which that person could not have predicted or avoided even if they had taken all necessary and due care neither will we accept any responsibility or liability if your illness, injury or death was your own fault.. 15). We hope that we will not have to make any changes to your holiday but, because our holidays and tours are planned many months in advance, we sometimes do need to make changes. We reserve the right to do this at any time; all timings on any of our brochures or websites are for guidance only and may change. We reserve the right to change the itinerary to any of the tours if for any reason we think a certain destination is not suitable. This decision may arise from adverse weather conditions or any factor, which is beyond our control. The tour guide or the captain/group leader has final discretion on this matter. 16). the itinerary for the mentioned booking is enclosed to the booking conditions. When you book any holiday and tour with METS Yachting, either direct or through any of its agents you have agreed to our terms and conditions set forth at the time, your contract with us is made on the terms of this agreement, and are subject to the exclusive laws and jurisdiction of the courts in Turkey (city of Marmaris) alone BY APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS

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