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. On the other hand, it is also a travel contract within the meaning of Section 651a MEDSAIL HOLIDAYS AB. The contractual partner of the customer (charterer) and therefore the charter company is MEDSAIL HOLIDAYS AB.
1. Conclusion of the travel contract
By registering, the travel participant offers us a binding offer to conclude a travel contract based on the travel advertisement, the information about the trip in question during a telephone consultation and the website as well as these travel conditions. Registration can be done verbally, 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 assumed a corresponding separate obligation by express and separate declaration. Registration by the charterer corresponds to an offer and MEDSAIL HOLIDAYS AB will inform you about the conclusion of the contract by means of a written booking confirmation.
2. Payment, deposit
After the booking confirmation has been issued, ie after conclusion of the travel contract, you are obliged to make a deposit of 50% of the total price within 7 calendar days if more than 6 weeks before the start of the charter. The remaining payment of 50% of the travel price is due and payable 4 weeks before the start of the trip. If the down payment is not made in accordance with the due date, the charter company is entitled to withdraw from the charter contract after a reminder with 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 terms can be agreed in the charter contract.
Services, start and end of the trip
The scope and type of services we are contractually obliged to provide can be found in the service description (booking confirmation). The official start (check-in ship) is set at 3 p.m. for the respective arrival day. The ship must usually be left by 10 a.m. on the day of check out.
4. Changes to services Any
changes to essential travel services that become necessary after conclusion of the contract and are not brought about by MEDSAIL HOLIDAYS AB in bad faith are only permitted if the changes are not significant and do not affect the overall nature of the booked trip.
The use of another ship - if the customer has similar accommodation - is not considered 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 decisive factor is the receipt of the written declaration of withdrawal by MEDSAIL HOLIDAYS AB. If the participant withdraws from the contract, MEDSAIL HOLIDAYS AB loses the right to the agreed travel price. However, MEDSAIL HOLIDAYS AB may demand appropriate compensation for the travel arrangements made and for its expenses, with the amount of compensation being determined by the travel price.
MEDSAIL HOLIDAYS AB can demand flat-rate compensation as follows:
a) up to the 61st day before the start of the trip 30%,
b) from the 60th to the 30th day 50%,
c) from the 30th day or no-show 100% of the travel price Customers are always free to prove that no damage occurred or that the damage was not in the amount calculated by the tour operator.
If, at the customer's request, rebookings (changes to the travel date, the travel destination, the place of departure) are to be made after the trip has been booked, MEDSAIL HOLIDAYS AB can charge a rebooking fee of up to 50 euros. The participant has no legal right to rebooking. A rebooking is possible up to a maximum of 40 days before departure. After that, changes are only possible after consultation with MEDSAIL HOLIDAYS AB. If the participant is unable to start the trip, he or she has the option of appointing a replacement person up to the start of the trip who will assume the rights and obligations under the travel contract in his or her place and who he or she must inform MEDSAIL HOLIDAYS AB in advance. MEDSAIL HOLIDAYS AB can object to the entry of this third party if it does not meet the special travel requirements or if its participation is contrary to legal regulations or official orders. The replacement person entering into the contract and the original traveler are liable to MEDSAIL HOLIDAYS AB for the travel price and are jointly and severally liable for all additional costs arising from the entry of the replacement person. We recommend taking out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness, as well as health insurance that is also valid abroad.
6. Withdrawal and termination by the organizer
A withdrawal must be declared to the travel participant no later than 30 days before the agreed start of the trip. Payments made towards the travel price will be refunded to the participant immediately. If the participant causes a lasting disruption despite a corresponding warning from MEDSAIL HOLIDAYS AB or if he behaves in breach of contract to such an extent that it is unreasonable to continue the contractual relationship with him until the agreed termination or the expiry of a notice period (e.g. he causes a lasting disruption to the trip and resists). the captain's orders), or otherwise in serious breach of contract, MEDSAIL HOLIDAYS AB can terminate the travel contract without notice. MEDSAIL HOLIDAYS AB retains the right to the travel price less the value of saved expenses and, if necessary, reimbursements from service providers or similar advantages that it obtains from the other use of the unused service. Any additional costs for return transport are borne by the person causing the disruption.
7. Services not used, trip canceled by participants
If the trip participant does not make use of individual services due to an early return journey/termination of the trip, due to illness or for other reasons for which MEDSAIL HOLIDAYS AB is not responsible, the participant is not entitled to a pro-rata refund of the trip price. MEDSAIL HOLIDAYS AB will seek reimbursement of the saved expenses from the relevant service providers and will pay back - but without recognizing a legal obligation - saved expenses as soon as and to the extent that these have actually been reimbursed to MEDSAIL HOLIDAYS AB by the service providers.
Which services are contractually agreed can be found in the service descriptions in the detailed programs or 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 declare a change to the program details before the contract is concluded, of which the traveler will be informed before booking. The information in the travel information about the respective trip sent with the travel confirmation is created to the best of our knowledge and belief. However, since individual provisions or aspects of the trip may change, no guarantee can be given that this information will be valid throughout the year. The captain has the right to change the tour itinerary and route according to weather conditions or crowded bays, ports.
9. Responsibilities of the participant, remedy, setting a deadline before the participant cancels The trip participant must immediately report any defects that occur to the captain or the office of MEDSAIL HOLIDAYS AB at the address/telephone number listed below and request remedial action there. If the participant culpably fails to report a defect, there will be no claim for a reduction. Every defect must be recorded in writing if possible (e.g. in the logbook). If the travel service is not provided in accordance with the contract, the customer can request remedy, although MEDSAIL HOLIDAYS AB can refuse the remedy if it requires disproportionate effort. MEDSAIL HOLIDAYS AB can remedy the situation by providing a replacement service of equal or greater value.
If a trip is significantly impaired as a result of a defect and the tour operator does not provide remedial action within a reasonable period of time, the customer can terminate the travel contract within the framework of the legal provisions, although a written declaration is recommended for reasons of proof. In this regard, MEDSAIL HOLIDAYS AB informs about the customer's obligation to report any defect immediately and that a reasonable deadline must be set for remedial action before the travel contract is terminated. There is no need to set a deadline if the remedy is refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the traveler.
10. Cooperation of the trip participant
The participant is obliged to cooperate in the event of service disruptions within the framework of the legal provisions regarding the obligation to mitigate damages, to avoid or minimize any damages. Before the trip, it is the participant's responsibility to have their family doctor check whether their physical constitution allows them to take part in a boat trip with the typical demands (possibly also swimming in deep water).
11. Limitation of liability of the tour operator
MEDSAIL HOLIDAYS AB's contractual liability for damages that are not physical injuries is limited to three times the travel price per trip and customer, provided that the damage was not caused intentionally or through gross negligence or that the tour operator is responsible for damage incurred by the customer Damage is solely responsible due to the fault of a service provider. For all claims for damages made against MEDSAIL HOLIDAYS AB due to unlawful acts that are not based on intent or gross negligence, MEDSAIL HOLIDAYS AB's liability for property damage is limited to the amount of three times the travel price per trip and customer.
12. Legal basis/place of jurisdiction
The customer can only sue the contractual partner at their registered office. The place of residence of the customer is decisive for any legal action brought by the company against the customer. The law of the country in which the charter company is based applies to all lawsuits arising from this contractual relationship.
13 Exclusion of claims / notification periods, statute of limitations
Travel contractual warranty claims must be asserted within one month of the contractually agreed end of the trip to MEDSAIL HOLIDAYS AB at the address given below. The captain is not authorized to accept or decide on claims.
Travel contract claims of the participant according to §§ 651c to 651f BGB expire after one year. The limitation period begins on the day on which the trip was supposed to end according to the contract. If negotiations are pending between the customer and MEDSAIL HOLIDAYS AB regarding the claim or the circumstances giving rise to the claim, otherwise the statute of limitations will be suspended until the participant or MEDSAIL HOLIDAYS AB refuses to negotiate. The statute of limitations occurs at the earliest 3 months after the end of the suspension. Claims arising from unlawful acts are subject to the statutory limitation period.
All personal data that is made available to the charter company to process the charter contract is protected against misuse in accordance with the relevant data protection regulations. The court of jurisdiction is Mugla Turkey