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Terms and conditions

ART.1 PREAMBLE

Sailing Cruises in Comfort B.V. (SCIC) (We), charters sailing yachts from third parties. SCIC is established in Amersfoort, The Netherlands and use the following booking conditions.
In these booking conditions the traveler means:
A. the second party
B. the person for whom the journey is negotiated and by whom it is accepted, or
C. the person who, pursuant to Article 7 of these conditions, the legal relationship has been transferred.

ART.2 THE CONTRACT

1. A binding contract will come into existence when we issue a confirmation of the booking. The acceptance may be direct or through mediation of a third party booking office.
2. Any person completing/signing a booking form and/or agreeing to travel arrangements on behalf of others confirms that he/she has full authority from all party members to sign/complete the form and/or agree travel arrangements on the basis of these conditions.
3. Any requested deviation from, or addition to, the trip offered by us require our written consent, see article 6, we have the right to charge the administration costs of € 30, - per booking. We are not legally bound by errors and mistakes in any publication.
4. Please note that, the advertised length of holidays includes the day of departure from and the day of return to the country of origin. These days are counted as full holiday days regardless of the actual time of departure and return.
5. Our booking conditions require passengers to provide any personal information that might be of importance for the execution of the cruise. This provision applies not only to any mental or physical disability, but also to other capacities that might be important for the execution of the journey for the traveler or for the group. Because of the need to adhere to safety regulations, the shipping company reserves the right to exclude travelers from (further) participation in the cruise, if the possible handicap appears to be more than minor in relation of carrying out correctly of emergency procedures in case of calamities. Unfortunately, the chartered ships by SCIC are not always well or adequately equipped for disabled guests and the staff are not trained for specific medical services or support.
6. In order to provide the service and the travel product as best as possible, it is necessary to make your personal data available to our suppliers or third parties. They deliver the  products and services that you have booked with us. We never provide your personal data to persons or companies for commercial exploitation without your consent. When travelling abroad, we may be required (by government authorities at departure and arrival points) to provide and process your personal data in the context of border control, immigration, security, anti-terrorism and other purposes deemed appropriate. Even if the provision of data is not mandatory, we can decide to be helpful to government agencies. If you do not accept this, you can inform us, however we are not liable if these services can or cannot be executed correctly due to the lack of this information. Acceptance of the booking confirmation means that you have taken note of, and agree with the conditions mentioned.
7. We will try to take your wishes into account, if these are mentioned when the reservation is made. However we cannot give any guarantees. We are dependent on the shipping company and the captain. This includes essentials, also on medical grounds, such as diets, etc. In practice, it appears some wishes can often not be guaranteed. However, you need to mention them when booking your cruise and again upon arrival at the ship to the captain.

ART.3 PAYMENT

1. A deposit of 30% of the total cost of the holiday per person and booking fee must be paid at the time of booking.
2. The balance of the holiday costs must be received by us not less than eight weeks prior to the day of departure. If all monies due have not been received not less than eight weeks before departure, we reserve the right to treat the booking as cancelled by you. In this case, cancellation charges as set out in clause 8 will be payable. Payment reminders will not be sent.
3. If the booking is made eight weeks or less before departure, full payment must be made at the time of booking.

ART. 4 PRICES

1. The published prices are in euro's per person, unless stated otherwise.
2. When the booking is paid for within the standard payment period we will not change the price of the booking 6 weeks before departure.
3. Once the booking has been confirmed, we may be forced to change the price. In this case you may cancel the contract and we will refund the payments you have already made. However this needs to be done within 5 days after you have received the said change information. If this price change impacts the nature of the cruise in such a way that a continuation of the cruise is harmed, we have the right to cancel the cruise as a whole.

ART. 5 INFORMATION/TRAVEL DOCUMENTS

1. You are responsible for ensuring that all members of your party have a valid passport (at least valid for a minimum period of 6 months from the date of entry into Turkey and have at least 3 months validity from the date you are leaving Turkey. When you enter Turkey your passport must also have at least 60 days validity beyond the expiry date of your visa.) and all appropriate visas, vaccination and health certificates necessary to comply with all health regulations relevant to the holiday in question. Prior to travelling, please check with the Turkish Embassy or Turkish Tourist Office as to visa requirements and the necessary paperwork. If you travel to the Greek islands, please make sure you have the right documents, like for example a ´Schengen´visum. Please check with the Greek embassy or Greek Tourist office. Non-European citizens or European citizens not holding a full passport from a European country must consult the relevant embassy or consulate for this information.
2. We cannot accept any liability if you or any member of your party is refused admittance onto any flight or entry into any country due to failure to present the correct passport, visa or other documents required by any airline, authority or country.
3. The necessary travel documents will be sent one week before the day of departure.
4. The traveler (s) must have (travel) insurance that provides at least coverage for repatriation, luggage, medical expenses, accidents, legal advice, personal assistance and any extraordinary expenses.
5. When booking any special wishes re selection of yacht will be taken into account. However, SCIC reserves the right to determine on which yacht and with which crew the sailing will be done.The route as stated in the travel information is only an indicator and is always subject to weather conditions. The captain remains ultimately responsible for determining the itinerary.
6. SCIC has the right, even after sending the travel information, to adapt the classification of the cabins and / or the start and end points, or to change the yacht or the itinerary.
7. If a passenger has not paid the surcharge for the guaranteed single use of a cabin, SCIC has the right even after the receipt of travel documents, to adapt the classification of the cabins.
8. The definitive times when you may embark and disembark the yacht will be found in your travel documents. These times may differ from previously obtained information. The definitive times are often not confirmed until 1 week prior to departure. However, there might be a change up to the day of departure or on the departure day. If possible, you will be notified.

ART. 6 CHANGES MADE BY YOU

1. Up to 28 days before departure, you may request amendments to the confirmed holiday arrangements. Such requests must be made in writing. We will endeavor to meet such requests where possible. However the travel sum as mentioned in ART. 3 must be paid in full. If an amendment can be made, an administration fee of € 30 per adult named on the booking together with communication costs incurred by us and any costs or charges incurred or levied by our suppliers, will be payable before the amendment can be made.
2. We will inform you as soon as possible as to whether or not an amendment can be made.
3. Amendments generally cannot be made within 28 days of departure.
4. For alterations during your stay we will charge a fee of € 30 per adult. You will be required to pay the extra costs (if any) of any alternate accommodation facilities or other services which you have not pre-booked. Alterations during your holiday do not give you any right to a refund.

ART. 7 REPLACEMENT

1. If any member(s) of your party is/are prevented from travelling, the place(s) on the booking of the person(s)concerned or the entire booking may be transferred to other people as laid down in article 2.
2. The following conditions must be complied with:
a. The other person/party meets all conditions as mentioned in our booking conditions
b. We need to be notified in time in order to complete all related documentation and fulfill all formalities
c. The booking conditions of third parties involved allow this replacement procedure
3. The other person/party who use(s) this replacement procedure is/are severally liable, jointly with the original member(s)/party, for fulfilling the total cost of the holiday, the costs as mentioned in art. 6, sub.1, and any costs and charges incurred or levied by any of our suppliers.

ART. 8 CANCELLATION BY YOU

You may cancel without charge within 7 days of our sending out your booking confirmation, if the booking is made more than 127 days before departure.
1. If you cancel the booking, you will have to pay the reservation costs, and the following cancellation charges will be payable:
a. Cancellation after 7 days and 120 days before scheduled departure: 30% of the total payable price
b. Cancellation as of 120 days until 90 days before scheduled departure: 40% of the total payable price
c. Cancellation as of 90 days until 30 days before scheduled departure: 60% of the total payable price
d. Cancellation 30 days before scheduled departure: 100% of the total payable price.
This schedule also applies to a yacht charter ‘exclusive’ if the cancellation is for the total cruise. If only the number of passengers is adjusted, than only the food/meal allowance will be affected according to the above calculation.
2. If you opt for replacement than article 7 is applicable.
3. Should you or any member of your party be forced to cancel, you must advise us in writing as soon as possible. A cancellation will only be effective once written notification is received by us.

ART. 9 CANCELLATION BY US

1. We may only terminate the booking contract owing to significant circumstances and only with immediate effect. Under significant circumstances we stipulate circumstances as a result of unusual and unforeseeable circumstances beyond our control, consequences of which we could not have avoided even with all due care.
2. We shall advise you immediately in writing.
3. We shall offer you an alternative holiday only if the cancellation cannot be blamed on the traveler, this alternative is at least equal or better than the original booking. We will take into consideration:
a. The composition of the group already booked on the cruise
b. The already known particular private needs of your booking
c. The already known specific wishes with respect to itineraries
d. The already known particular private needs as agreed with the booking.
4. If the cancellation will be done by us and you cannot agree to the terms as laid down in 3 above we will refund the monies already paid within two weeks.
5. We may also cancel the booking before departure if any minimum number of people referred to in the leaflet is not achieved provided we advise you of this not later than 4 weeks before the holiday is due to start. There will be no compensation for this cancellation.

ART. 10 CHANGES BY US

1. We make every effort to provide the holiday confirmed at the time of booking. As holiday arrangements are planned months in advance, we must, however, reserve the right to make changes to and correct occasional errors in brochure and holiday details both before and after a booking has been confirmed. Circumstances as set out in conditions 9.1 apply. You may receive a full refund of all monies paid to us according to 10.3.
2. We may also make minor changes and no compensation is payable for these minor changes. Minor changes do not entitle you to cancel or change to another holiday without paying our normal charges.
3. If you want to cancel the booking agreement according to 10.1 and 10.2 you have to inform us in writing within 72 hours after you have received our official notification. Where notification is given before departure and there is time to do so, you will be given the choice of the following options:
a. You may accept the changed arrangements as notified
b. You may purchase and alternative holiday from us of comparable standard, if available(if the alternative holiday is less expensive than the original one, we will refund the difference, if it is more expensive, you will have to pay the difference) or
c. You may receive a full refund of all monies paid to us
4. We cannot be held responsible if the reason for the change can to be blamed on you and all costs will be charged to you.
5. SCIC expressly reserves the right to change the itinerary, if, in the opinion of the shipping company or captain (or his replacement) this is warranted, by circumstances such as weather conditions, change of moorings, government regulations etc.

ART. 11 OUR LIABILITY

We accept responsibility for the obligations as set out in the booking/reservation contract with you by any of our employees, agents, suppliers or sub-contractors (providing they were at the time of carrying out work authorized by us). Taking into consideration articles 9,10,12,13 and 14.

ART. 12 FORCE MAJEUR AND REGULAR ASSISTANCE

1. Except where expressly stated in these booking conditions we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations is prevented or affected by reason of circumstances amounting to ‘force majeur’. In these booking conditions ‘force majeur’ means any event which we or the supplier of the services in question could not, even with all due care, foresee or avoid.
2. We shall offer all the help possible if you get in troubles. The involved costs will be carried by us if the emergency is caused by a shortcoming in the booking or execution of the travel agreement. The costs will be transferred to you if the cause of these troubles can be clearly attributed to you.

ART.13 LIMITATION OF LIABILITY FOR US

1. We are not responsible for a shortcoming in the booking if the damage can be attributed to you.
2. If we are liable for the damage suffered by you our maximum liability is however limited under the applicable international conventions. We also exclude also responsibility for damage which is clearly covered by the mandatory travel- and cancellation insurance, see article 14.4.
3. In the event that we are liable for the loss of your travel enjoyment, our maximum liability will be half the sum of your cruise price.
4. Notwithstanding our previously (1,2 and 3) mentioned liability our maximum liability is limited to once the price of the sailing cruise or the price of the sailing cruise of the ‘yacht charter exclusive’.
5.The limitations and exclusions as expressed in this article also apply to our employees and sub contractors unless international conventions or local laws exclude this.
6. When SCIC provides additional services, such as hotel reservations, we are not liable for damage resulting from the provision of these additional services.
7. SCIC is not responsible for property that is forgotten or lost by the passengers on board the ships, the transfer bus or in hotels.

ART. 14 YOUR LIABILITY

1. You are obliged to comply with all our instructions to ensure a smooth implementation of the cruise and you are liable for damages caused by your unlawful conduct. This will be measured by the standard of conduct of a correctly-behaved traveler.
2. We can exclude you from further participation in the cruise if your behavior is such, that a normal continuation of the cruise cannot be executed. In this case all related costs will be charged to you. We can only refund your travel sum (or part of it) if you can prove that this exclusion cannot be blamed on you.
3. In the event that you or any member of your party has any complaint about any aspect of your holiday with us, you must notify our local representative and the supplier of the service(s) in question within 2 days in writing.
4. It is a condition of this contract that you arrange (travel) insurance for all members of your holiday group including cover against injury incurred through water sports and that provides coverage for at least repatriation, luggage, medical expenses, accidents, legal advice, personal assistance and any extraordinary expenses.
5. The transfer for the traveler which we provide is an extra service. You remain at all times responsible for monitoring the flight and transfer times. We cannot take any responsibility for missing your flight.
6. Needless to say that Turkey and Greece have a different culture. This means different values, but also different food, a different climate, everything is different from what you may be used to at home. The quality of the beds on the yacht may be different from what you have at home. These are slightly thinner and might be less comfortable. This also applies to sanitary facilities. Staying on a classic yacht is different from being on a cruise ship or in a hotel. You may need to prepare yourself so you can start your sailing cruise with the right expectations. Scheduled trips or travel components may be cancelled due to weather conditions. It is also possible that local authorities close a certain attraction unannounced. It will not always be possible to visit monuments; churches and mosques, for example, may be closed during holidays and religious festivals.
7. On board the vessels, it is not allowed to smoke in the cabins. Only on the aft and sun deck is smoking permitted and in joint agreement inside in the lounge area.

ART. 15 INTEREST AND COLLECTION COSTS

You will be liable for any costs and/or damage if your payment is not received in time. This will also include any collection costs.

ART. 16 COMPLAINTS

1. If you have a complaint as described in article 14, sub 3, you must notify our local representative and the supplier of the service(s) in question within 2 days in writing. They must immediately look for appropriate solutions. If the complaint is not resolved satisfactorily, it must be submitted in writing to us, or the booking office, within 1 week after the end of the holiday. If the holiday was cancelled the same complaint period will apply. If a complaint does not involve the implementation, but the creation of a travel contract, you will need to make an official complaint in writing within one week after this complaint has been made.
2. If you are not satisfied with the solution offered you have the right to involve the competent court. This claim expires 2 months after the trip (or if the trip did not take place 2 months after the original departure date).
3. Additional yacht charter: when SCIC charters an additional yacht, ie outside the fleet of SCIC, this will be reported by SCIC and information about the ship and equipment on board will be mentioned in the offer. Where available, pictures are provided. SCIC does not accept responsibility for the quality of the ship, onboard service and crew.

ART.17

On any agreement between SCIC and the parties mentioned in Article 1 English law will be applicable.