GENERAL TERMS & CONDİTİONS
Dear YOGACRUISING customer,
Please read carefully the following General Terms and Conditions which are a complement to applicable rules and regulations. These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The Agreement becomes integral part of the travel contract between you and the company YOGACRUISING, once a booking has been confirmed. The terms “we”, “us” and “our” refer to YOGACRUISING. The term “you” refers to the customer visiting our website, booking a reservation with us or otherwise using our services.
1. Booking, confirmation, Your Agreement with Us:
By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement, including Parts 1-15 of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
1.1 With your booking, you entitle the company YOGACRUISING to conclude a travel contract on the basis of the travel offer, according to the details of the announcement and the present GTC. A booking can be performed verbally, by telephone, in written (including per fax) or in electronic form (internet, e-mail).
1.2 The booking occurs through you and is valid for all persons that are mentioned in the booking procedure. Your commitment to the contract is valid for yourself as well as for all individuals mentioned in the booking if you have accepted this commitment in a separate statement.
1.3 The travel contract is established by the acceptance of your offer by YOGACRUISING, in whatever form. YOGACRUISING will inform you about the conclusion of an agreement, by sending you a confirmation of the booking.
1.4 If the content of the confirmation differs from the booking, a new offer with new conditions is thereby made available by YOGACRUISING, holding it’s validity for a period of 10 days. A contract on the basis of this new offer is established if you declare your acceptance of this new offer, within named time period. This can be performed by expressing your acceptance or by conclusive evidence (i.e. making a down payment) of such expression.
2. Deposits and Payment
2.1 Upon reception of the travel confirmation, a down payment is due, amounting to 30 % of the travel rate or the agreed full rate (group charter), € 500 (individually booking participants). This down payment will allow for the total travel price.
2.2 The outstanding sum of the total travel rate, is due at the latest 8 weeks prior to travel (decisive is the date of crediting on a YOGACRUISING account), provided that the travel documents have been delivered and it is certain that the trip will not be called of, in particular according to point 7.1). If the down payment or the due total travel rate has not been fully payed, although the travel participant has received the travel documents, it will be possible for YOGACRUISING after an overdue notification and after the final date of exhortation, to withdraw from the contract and to charge the customer a cancelation fee.
3. Services included, modification of travel offer, change in price before conclusion of agreement.
3.1 The extent of agreed services provided by YOGACRUISING is absolutely bound to the statements in the confirmation of the booking, which is based upon the detailed description of the trip and it’s services in the brochure.
3.2 If YOGACRUISING upon your request organizes a specific travel itinerary, the services included by YOGACRUISING are exclusively stated in your specific travel offer and the corresponding confirmation.
3.3 Service providers (i.e. seminar centers, hotels, yachts, transportation companies), agents and travel agencies are not authorized by YOGACRUISING to give promises or agreements of any kind, that extend the services such as they are stated in the travel offer or the corresponding confirmation by YOGACRUISING, or that amend or contradict the content of named agreement.
3.4 Regarding the travel offer and the detailed description of the trip, YOGACRUISING reserves the right to perform changes and amendments to the travel description before completion of the contract, due to objective or significant unforeseeable reasons. In particular, YOGACRUISING reserves the right to change travel costs before contract completion, due to a rise in transportation, duty or tax costs, as well as harbor or administrative fees, or due to a change of exchange rates after the publishing of the brochure. Likewise YOGACRUISING reserves the right to adapt the travel costs before the completion of contract, if the trip desired by the customer, or the trip described in the brochure only is available after a purchase of additional contingents.
4. Change of services or rates after conclusion of agreement
4.1 Changes to relevant travel services by YOGACRUISING, that have not been brought about against good faith, made necessary after the conclusion of agreement are only permitted to the extent that these changes do not alter in considerable manner the general aspect, scale and style of the trip.
YOGACRUISING reserves the right to modify traveling routes, time schedules and the sequence of events due to weather conditions or organizational demands.
Travel participants have no legitimate claim to the presence of the mentioned seminar leader.
This person can be replaced by a seminar leader of equivalent competence.
4.2 Changes in price after conclusion of agreement are only allowed, in the case of belated, factual and at the time of conclusion of contract, unforeseeable increases of transportation costs or different fees such as harbor or airport fees, or a change of exchange rate affecting the trip, and solely to the extent of the resulting increase per person, or increase per seating, and only if a period of two months lies between the conclusion of contract and agreed travel period. If this should be the case, you will be immediately informed. Any increase of price or rate demanded within 20 days of agreed travel period is null and void.
4.3 In the case of an increase of travel rates of more than 5 % or in the case of a significant change of an essential travel service, you are entitled to cancel the travel agreement without any cancelation fees, or to request the participation in a trip with at least the same value, if YOGACRUISING is in a position to offer such participation without extra charge. Such a claim has to be immediately declared by the travel participant, without delay after reception of the declaration of the changes of the travel services or travel costs by YOGACRUISING.
5. Cancelation by customer, substituting traveler
5.1 You are entitled to cancel the travel agreement at any moment prior to travel.
Significant is the receipt of your declaration of cancelation by YOGACRUISING . We strongly recommend you to send a written declaration of cancelation.
5.2 In the case of your cancelation, YOGACRUISING is entitled a reasonable and adequate compensation for travel arrangements and expenditures, where the amount of the compensation is established in relation to the travel rates after deduction of the value of saved expenditures and further possible deductions by other use of the travel services. YOGACRUISING wants to point out, that the claim of compensation can be calculated either in concrete figures or in a generalized procedure. YOGACRUISING is in this process entitled to calculate a generalized compensation according to the time of cancelation and the following guidelines:
Individually booking participants, until 8 weeks prior to travel: € 500
Group charter / independent retreat / full charter
– Until 60 days prior to travel: 50 % of travel rates
– From 59 until 22 days prior to travel: 70 % of travel rates
– From 21 until 15 days prior to travel: 90 % of travel rates
– From 14 until 7 days prior to travel: 95 % of travel rates
– From 6 days prior to travel: 99 % of travel rates
You are free to prove that YOGACRUISING has suffered no damage, or a substantially lower damage than the amount of the generalized compensation procedure. We recommend you to sign a Trip Cancelation and Interruption Insurance. YOGACRUISING reserves the right to claim a higher concrete compensation differing from the above generalized procedure, taking into consideration the saved expenditures and possible deductions by other use of the travel services.
5.3 You are entitled to present a substituting participant until the beginning of the trip. YOGACRUISING is entitled to oppose the participation of this third part, if this person does not meet the specific travel requirements, or if the participation of this person contradicts official rules and regulations. YOGACRUISING has a claim on the substituting person entering the contract as well as you for the entire travel costs and the entirety of eventually arising extra charges due to the substitution.
6. Services not claimed
If certain travel services, that are offered according to the contract, where not used because of an anticipated ending of the trip, due to disease or other circumstances, you have no claim for a refund for the named services.
7. Withdrawal and cancelation by YOGACRUISING
7.1 YOGACRUISING has the right until 14 days prior to the beginning of the trip to withdraw from the contract, if the minimum number of participants has not been met, and only if the minimum number of participants have been mentioned in the travel offer, as well as the date until which this withdrawal can be performed, and furthermore in as much as this information has been clearly stated and pointed out in the travel confirmation. In the case of a withdrawal from YOGACRUISING you will be refunded all performed payments concerning the travel rates.
7.2 YOGACRUISING reserves the right to cancel the travel contract without further notice or delay, in the case of a persevering and disturbing behavior of the participant, after explicitly stated warning by YOGACRUISING, or if the participants behavior substantially contradicts the prerequisites of the contract, in such manner that a continuation of the contract until the date of ending of the trip or any period of notice is unreasonable. In such a case, YOGACRUISING reserves the claim on the entire travel costs, and must be credited the value of saved expenditures or other benefits that occur through another use of the travel services that remain unused by the original participant, as well as any amounts refunded by service providers. Any arising extra costs for the anticipated return trip of the disturbing participant is exclusively paid by this person. In case of such a cancelation of contract, the travel manager appears for YOGACRUISING.
8. Cancelation in case of force majeure
If the trip is impeded, made dangerous or interfered with by force majeure, through circumstances that could not be predicted at the time of agreement of contract, both parties reserve the right to cancel the contract. After that, YOGACRUISING is entitled to claim an adequate compensation for rendered or remaining travel services. YOGACRUISING is under obligation to undertake all necessary measures, in particular if the contract includes a returning transportation, to organize and carry out the returning transportation of the travel participant. Any possible extra costs for this returning transportation is paid in half by each party. All other arising extra costs are exclusively to be paid by the travel participant.
9. Duties of the travel participant
9.1 If you have not received your travel documents at the latest 8 days prior to travel, we ask you for immediate notification thereof.
9.2 Before starting the trip, it is the participants duty to perform a check of one’s physical condition either personally or with the assistance of a medical specialist, in order to establish if the physical condition is sufficient to participate in the training and to take part of any treatments included in the trip.
A participant guarantees to be in condition to participate in the partially intense group process and that he or she is assuming full personal responsibility therefore.
9.3 In any case of medical disorder, a travel participant is bound by the laws ruling possible indemnification, to avoid any damages or to reduce the consequences of any arisen damage.
10. Complaints, deadline before a cancelation of a travel participant, period before institution of legal proceedings, prohibition of transfer, limitation
10.1 Any arising defect or shortcoming has to be immediately stated to the travel manager, or to the address/phone-number given here below, with a request for adjustment within a reasonable time period. YOGACRUISING is entitled to refuse such adjustments if these would request disproportionate costs, efforts and expenses. YOGACRUISING is entitled to provide for an adjustment that would bring you a substituting service of the same or higher value.
10.2 If a defect or shortcoming considerably affects the quality of the trip and YOGACRUISING does not provide any adjustment within a reasonable time period, the customer is entitled to cancel the travel contract. The setting of a time period for the adjustments is not required, only if adjustments of the defect are impossible, or refused by YOGACRUISING, or in such cases where the immediate cancelation by the customer is justified by a specific interest of the traveler.
10.3 Any contract bound warranty claims have to be asserted by the traveler within one month after the planned ending of the trip (return date), against YOGACRUISING. After this period of one month, a traveler can only assert a claim, if a non self-induced hindrance made it impossible to comply with this period, or in the case of an offense. Damages on baggage, delays or lost baggage in connection with flights are irrespective of any agreements in this contract. International agreements state a period of 7 days for claims concerning lost baggage, and a period of 21 days after delivery for delayed baggage. Our recommendation is to immediately assert a claim at the airport with the responsible air carrier. Equally any claim against YOGACRUISING concerning lost or misplaced baggage has to be stated to the local travel manager or to YOGACRUISING, if any travel contract bound warranty is asserted. Neither the supplier nor the travel manager is entitled to consider or decide over warranty or compensation claims.
10.4 The transfer of any claim against YOGACRUISING is not permitted. Sole exception is the transfer amidst family members.
10.5 Any travel contract bound claims of a traveler come under the statute of limitations within one year, in the case of damages on property, in as much as the damage suffered by the traveler was not induced by a deliberate or grossly negligent violation of duty by YOGACRUISING, or by it’s legal representative or by it’s subcontractor. The limitation period starts on the day on which the travel contract was planned to end. The counting of the limitation period is inhibited in the case of ongoing negotiations between the claimant and us, concerning the claim or the circumstances causing the claim, until the claimant or we decide to refuse further negotiation. The statute of limitations is applicable at the earliest 3 months after such an inhibition. Any claims concerning unlawful acts, violation of live, violation of bodily integrity or health underly the limitation periods such as stated by law.
11. Passport and visa requirements, vaccination and sanitary requirements
11.1 The travel participant is exclusively and completely responsible for complying with all regulations that are necessary to participate in the trip. All possible disadvantages that arise by not complying with these regulations are exclusively at the participants expenses, except in case YOGACRUISING has not fulfilled it’s informational duties or only fulfilled these in insufficient manner. The travel participant is responsible for procuring and bringing all necessary travel documents, as well as for checking that the passport or identity card will not cease to be valid during the trip.
11.2 YOGACRUISING will inform citizens of any EU-member state in which the trip is offered, about passport and visa requirements as well as about sanitary regulations (i.e. possible mandatory vaccinations or medical certificates) that are necessary for being able to participate in the trip. This information will be provided by YOGACRUISING before an agreement of contract and in the case of changes, before the beginning of the trip. For citizens of other nationalities, the corresponding embassies or consulates will provide the information. It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.
11.3 In due time the travel participant should gather information about all sensible and meaningful vaccinations and infection protection on a larger scale than those named in point 11.2, as well as other prophylaxis or precautionary measures, and if necessary get medical advice about thrombosis and other medical risks. We refer here to the generally available information given by health authorities, medical doctors specialized in travel precautions or tropical medicine, as well as travel information providers like i.e. the German Federal Centre for Health Education (BZgA). U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.
12. Liability, limitation of liability
The contract regulated liability by YOGACRUISING for damages that are not damages to the physical integrity of the participant, is limited per customer and per trip to 1 time the amount of the travel costs. For all compensation claims against YOGACRUISING concerning unlawful acts, as far as these were neither deliberate nor grossly negligent, YOGACRUISING limits it’s liability for material damage to the amount of three times the travel costs per person and per trip. Named liability limitations are not applicable for claims due to loss of baggage according to the Montreal Convention.
13. Duty of information about the identity of the executing air carrier
The regulation of the European Union about the informing of flight passenger of the identity of the executing air carrier, is binding YOGACRUISING by law, to inform all customers about the identity of the executing air carrier concerning all air carrier services that are included in the booking. If at the time of booking, the executing air carriers are not yet known, YOGACRUISING is bound by law to provide the names and the identity of the air carriers that most likely will perform the transportation service, and ensure that the customers will be immediately informed about the identity of executing air carriers once this is decided. The same is valid in the case of changes of executing air carriers. The list of airlines banned within the EU is available on the internet: http://air-ban.europa.eu as well as on the web site of YOGACRUISING, and also in it’s office facilities.
14. Data protection
All personal information and data that your provide, is used electronically only in as much as this is necessary for performing the establishment, realization and conclusion of a travel contract, as well as for adequate customer service. We follow all applicable regulations concerning the gathering, processing and use of personal information. You are entitled at any time to require all gathered information, for viewing and editing, as well as to decide to have this information deleted. You can oppose the use or processing of your personal information for advertising, marketing or opinion research by sending a message to info@YOGACRUISING.com or YOGACRUISING@gmail.com. Your data will not be passed on to third party.
15. Miscellaneous, Warranties, Disclaimers, Limitation of Liability
15.1 In the event of one of the here mentioned regulations being or becoming invalid, the validity of all other regulations as well as the validity of the travel contract remains unaffected thereby. This contract as well as the entirety of the juridical relations between the customer and YOGACRUISING is exclusively ruled by Turkish Law.
15.2 For the avoidance of doubt, references herein to “us” “we” and “our” shall also refer to our affiliates. The information and services provided by us or our suppliers or published on our website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to such information that appears on our website. We expressly reserve the right to correct any pricing errors on our website and/or on pending reservations made under opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages out of, or in any way connected with, your access to, display of or use of this website or our services or with the delay or inability to access, display or use our website whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to us in connection with such transactions(s) on this website, or (b) one-hundred dollars or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
YOGACRUİSE Tourism Ltd.Co. ( GmbH )
Trade & Chamber of Commerce: Muğla
Trade Nr: 1377
tax Office Nr: 048102-9810646908
Tel: +90 532 4045444
Homepage: www.yogacruising.com www.greenkaria.com