Private Boat Trips
Operators Booking Terms & Conditions
These Booking Conditions form the basis of your contract with the local supplier specified on your booking confirmation ("we", "us", "our",). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. References to your agent means Turquoise Collections Limited ("Agent").
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
- he/she consents to our use of personal data and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
- he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and
- he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1. Booking & Paying For Your Arrangements
A booking is made with us when you pay your Agent a deposit (or full payment if you are booking within 12 weeks of departure) and your Agent has issued you with a booking confirmation on our behalf. We reserve the right to decline to instruct your Agent to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as your Agent has issued you with a booking confirmation on our behalf and of which will confirm the details of your booking.
Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise your Agent immediately who will advise us, as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within seven days of our sending it out.
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 12 weeks prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges outlined in clause 12 will become payable.
2. Accuracy
We endeavour to ensure that all the information, translations and prices both on your Agent's website and in any advertising material that your Agents publish are accurate. However, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the travel arrangements that you wish to book before you make your booking.
3. Prices
We reserve the right to amend advertised prices at any time, in particular those listed on your Agent's website. We also reserve the right to correct errors in both advertised and confirmed prices. You must check the price of your chosen accommodation at the time of booking.
4. Insurance
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers the requirements your booked activity or excursion, including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
5. Events Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our or our supplier's control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events beyond our or the supplier(s) concerned's control.
6. Your Behaviour
All our guests are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any, representative or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other guests or any third party, or damage to property, we reserve the right to terminate your booking with us immediately. In the event of such termination we will head to the nearest harbour or marina and you will be asked to disembark and our liability to you and/or your party will cease. We will have no further obligations to you and/or your party. No refunds for lost use of the booked boat or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the boat captain or representative or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other individuals who have no connection with your booking or with us.
7.Conduct on board the boat (Applicable to boat trips only)
The captain of the vessel shall be in sole charge throughout the duration of the hire and you and all members of your party will comply with the lawful commands of the captain and their crew. You and all members of your party must conduct themselves properly at all times whilst on board and must take account of their own safety and that of other passengers. You will be liable to us for any damage caused to a boat or any of its fixtures and fittings by you or any member of your party due to any unreasonable conduct or behaviour. Neither you nor members of your party may take on board any boat any food, alcohol or other beverages, such items may only be consumed on a boat if arranged by us. No musical or other entertainment is to take place on board a boat unless also arranged by us.
8. Conditions of sale of alcohol
It is a criminal offence for a person under the age of 18 to attempt to purchase alcohol or consume alcohol on board the boat. It is also a criminal offence for a person to purchase alcohol for someone under the age of 18. It is the responsibility of the organiser to ensure that all drinks that they have purchased are not given to persons under the age of 18. No customer may bring any of their own drinks on board without express written permission directly from us or via the Agent. In doing so, the customer may be committing a criminal offence. We reserve the right to refuse to serve alcohol to passengers that appear to be under the age of 18. Identification will be required for all passengers who appear to be under 21 years of age. The only acceptable forms of identification are a valid passport, Photo ID driver's licence, or I.D. card
We reserve the right to refuse to serve alcohol to passengers who appear to be (or appear to be purchasing alcohol for persons who are) drunk, violent or abusive, or appear to be binge drinking. This also includes persons who appear to be purchasing alcohol for persons who are under the age of 18. No refunds will be given in respect of a passenger being refused alcohol.
We also reserve the right to refuse any person to embark the boat by any person who appears to be drunk, violent or abusive.
9. Conditions of Suppliers
Some of the arrangements which make up your boat trip booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
10. Cutting Your Arrangements Short
If you are forced to end your boat trip early, we cannot refund the cost of your boat trip which you have not used. If you cut short your boat trip early in circumstances where you have no reasonable cause for complaint about the standard the boat and services provided, we will not offer you any refund for that part of your boat trip not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
11. Special Requests
Any special requests must be advised to your Agent at the time of booking (e.g. any dietary requirements). You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
12. Disabilities and Medical Problems
We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen accommodation. We may require you to produce a doctor's certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
13. If You Change or Cancel Your Single Service Booking
Changes:
If, after confirmation, you wish to change your booking in any way, you must notify your Agent as soon as possible who will inform us and we will endeavour to make such changes. Where we can meet a request, all changes may be subject to payment of an amendment fee as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. Your Agent will inform you if such fee becomes applicable.
Note: Certain bookings may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.
14. Cancellations:
If you, or any member of your party, decide to cancel your booking, you must notify your Agent by recorded delivery post or by email who will then notify us. Your notice of cancellation will only take effect when it is received in writing by your Agent at their offices and will be effective from the date on which your Agent receives it. The person to notify us of any cancellation must be the same person that originally made the booking.
Should one or more member of a party cancel, it may increase the per person price of the accommodation of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Date cancellation received: |
Charge payable: |
More than 84 Days Before Holiday Start Date |
Loss of deposit paid |
83-42 Days Before Holiday Start Date |
75% of the price paid |
41-0 Days Before Holiday Start Date |
100% of the paid |
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100%.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
15. If We Change or Cancel Your Single Service Booking
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced due to Events Beyond Our Control (please see clause 5) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
16. Our Responsibilities for your Single Service Booking
(1) We have a duty to provide the services booked and to select any sub-contractors and/or suppliers of the services making up your booking with us with reasonable skill and care. Our liability will be limited to where it is proven that we have breached that duty and damage to you has been caused.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
a) the act(s) and/or omission(s) of the person(s) affected; or
b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
a) damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind
b) Claims not falling under (a) above and which don't involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to us strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by ourselves For example any excursion you book whilst away, or any service or facility which any other supplier agrees to provide for you.
17. Complaints
We make every effort to ensure that your chosen activity/excursion/boat trip runs smoothly but if you do experience and problem during your stay, please inform your local representative, activity/excursion guide or boat captain.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to your Agent at their head office within 28 days of the end of your stay, giving your booking reference and all other relevant information who will then pass it onto us. Please keep your letter concise and to the point. This will assist your Agent to quickly identify your concerns and speed up the response to you. Failure to follow the procedure set out in this clause may affect your Agent's, our and the applicable supplier's ability to investigate your complaint, and will affect your rights under this contract.
18. Law and Jurisdiction
These Booking Conditions are governed by Turkish law and we both agree that the courts of Turkey have exclusive jurisdiction over any dispute, claim or other matter which may arise between us.