TERMS AND CONDITIONS

Travel Contract
Once a booking is made, the customer (lead name) guarantees that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue confirmation through Mega Sport as agent.

2. Payment

2.1 After receipt of confirmation and invoice from Mega Sport, in cooperation with various Turkish travel agents, a deposit of 500.-Euro per patient taking part in the dolphin therapy and 200.-Euro deposit for each accompanying person must be paid. All outstanding balances for your travel and accommodation with or without therapy services must be paid at least 4 weeks before travel without a reminder being issued by the travel agent or organizer. Tickets and a confirmation of therapy services are issued only after full payment has been made. If the booking has been made with less than 4 weeks to travel begin, then full payment must be made after receipt of written confirmation.

2.2 Should the agent be informed by the organizer that the travel booking cannot be accepted, then the deposit shall be returned without delay.

2.3 Please note that for bookings at short notice Mega Sport has the right to charge for additional telex and telephone costs.


3. Services


3.1 The content of the travel contract with or without therapy services conform to the description and prices listed in the brochure valid for the specific time of travel. Any verbal agreements made that do not conform to these Terms and Conditions or to the travel description must be put in writing to be acceptable. The booking agent is not permitted to make any offers of any kind other than those stated in the travel brochure or Terms and Conditions, nor is it allowed to enter any other agreements.

3.2 Town and Hotel brochures are only for information and we are not liable for their content.

3.3 Unless otherwise stated, the price of travel with or without therapy services includes flight according to programme, transfer to and from airport, accommodation, luggage transport (unless denied by local authorities, e.g. safety reasons) full board and the arranged dolphin therapy according to the described programme.

3.4 Should travel with public transport be necessary, it will be arranged by the travel organizer.

4. Service- and Price Alterations

4.1 Deviations from services that are part of the agreed content of the travel contract with or without therapy services, that occur after contract completion and that are in good faith, may be permitted as long as the parameters laid down in the booking are not affected.

4.2 If the travel date is later than 4 months after contract completion, then the organizer is permitted to increase the price if the grounds for the increase arise after contract completion and the circumstances are unforeseen. The price increase must be directly related to the unforeseen circumstances. Should the local authorities raise the prices of transport, charges or taxes, then a price increase to meet these additional costs may be made at any time. Should the price of travel or therapy increase by more than 10%, then the customer is permitted to cancel the contract at no further cost. The contract cancellation must be made in writing to the Organizer’s offices.

4.3 Because the travel takes place on the borders of civilisation changes in the booking for travel or therapy may be deemed necessary. E.g. The choice of a different type of transport, alterations to travel and flight schedules and/or routes, Non-stop flights with stop-over or the reverse. We are not liable for resulting lateness. Where possible the customer will be promptly informed before travel begin.

4.4 Should travel alterations occur that considerably change the profile of the booked travel with or without therapy through withdrawal or part-withdrawal of sub-contractors or employees of sub-contractors or companies or persons in the country or abroad, then the customer may cancel the contract, if it is considered that through the change in travel unreasonable demands are made. Should the customer cancel the contract then Mega Sport will reimburse all payments made up to that date. In this case a claim for damages is not possible.



5 Cancellations and Booking alterations


5.1 The customer can, at any time before travel begin, make a written cancellation of the booking for travel or therapy. Also by bookings made by telephone a written cancellation to the Organizer’s offices is necessary. Verbal or cancellations by telephone are not acceptable.

5.2 Should the customer cancel the contract, or should he not travel without previously having made a cancellation, then the following percentage charges of the travel costs will be incurred: up to 50 days before travel begin: 15% per person. From 49 to 35 days: 30% per person. From 34 to 22 days: 50% per person. From 21 to 7 days: 75% per person. By non-commencement of travel: 100%. Charges for therapy will be incurred on a similar basis, the price of therapy being taken as 3500.- Euro.

5.3 Booking alterations: When bookings have been confirmed, the customer may alter his booking to another date. This must be done at least 30 days before travel begin, and a re-booking charge of 200.- Euro per person, plus any extra charges for telex and telegrams will be incurred. Alterations made at short notice will be handled as cancellations and the charges stated in paragraph 5.2 will be made. We therefore advise adequate insurance cover.

5.4 We are permitted to cancel the contract should the grounds for a cancellation prove to be unreasonable for therapy services or for the organizer. The same applies should the number of participants stated in the brochure not be reached 2 weeks before travel begin. We must also reserve the right to cancel the travel or therapy should insurmountable hindrances arise, or such that would result in extraordinary costs. In all these cases we return all payments that have been made without extra charge. The right to cancellation is also a condition, should payment from a customer be overdue, without a reminder being necessary. Should the travel with or without therapy not be possible through extraordinary circumstances, such as war, epidemic, civil unrest or natural catastrophe, then the Organizer and the customer both have the right to cancel the contract. The customer is then reimbursed of the costs of travel and therapy. Mega Sport may however claim damages for services rendered.

6. Non-participation of Services
Should the customer not use travel and/or therapy services wholly or in part, he will not be reimbursed by the organizer. However the services non-rendered are recorded for the customer.

7. Liability of the Organizer

7.1 The Organizer undertakes liability within the borders of exercising the due diligence of a businessman. He is obliged to present the travel package without faults that would diminish the value of the package in respect of the travel contract. The Organizer is especially liable for the choice of contractor, the examination of services, the compilation of separate services, the description of services in catalogues or brochures, the processing of bookings, organization, reservations and preparations of services according to the contract, issue and despatch of tickets and vouchers, the procurement of visas and other travel documents, if part of the travel contract.

7.2 Limited Liability by Law
The Organizer is discharged of liability, or has limited liability, insofar as in rules laid down by law that must be followed by the service management when applying services, whose liability is also discharged or limited.

7.3 Contractual limited Liability
The liability of the Organizer is limited to three times the price of travel. a) Insofar as damages claimed by the customer were not wilfully incurred by the Organizer nor through negligence. b) insofar as the Organizer is solely responsible for damages incurred by a sub-contractor.

7.4 The Organizer is not liable for impediments of services other than those of Mega sport, eg. services that have been mediated such as guided tours, excursions, dolphin therapy and round trips, and those in the travel description or in the travel confirmation that have been annotated as mediated services, such as animal-assisted therapies, excursions and round-trips. The success of a mediated dolphin therapy is not part of the contract. The appropriate mediation services and earnest endeavours are our obligation. The lawful representative of the patient taking part in dolphin therapy is acquainted with the fact that neither Mega Sport nor another sub-contractor or person has control over the dolphins or other similar animals. He alone is liable for risks and injuries or damage and any following risks or damage that may result. He voluntarily discharges Mega Sport, the distribution firm Onmega Consulting & Health Tourism and the Dolphinarium Centre Kas from liability.

7.5 The travel organized by Mega Sport takes place more often than not at the edge of civilization. The customer acknowledges that travel that is so described in the brochure does not circumscribe the same liability of tourism in more typical locations. Should a solitary appliance or method of transport become unavailable , the customer is then obliged to use and accept the offered replacement even though the quality or capacity may be inferior to the original, and possibly may only be used in shifts. Should a customer decline the offered replacement then the customer renounces any grounds for subsequent damage claims on the organizer.

7.6 A basic requirement of the dolphin therapy is the submission of a doctor’s certificate that allows travel, flight and swimming. On special excursions on land air and water (diving- mountain- sea- river- and flight-safaris) the customer takes part at his own risk. We would like to point out that neither boats, diving, flying or other sports or equipment, nor participation therein or theirwith is covered by insurance. Competent insurance cover is left up to the individual customer. The organizer cannot be made liable.

8. Responsibilities of the Travellers

8.1 Should the traveller not have received the travel documents in good time, then he should promptly inform the organizer.

8.2 Should any services be deemed defective, then the traveller is obliged to promptly register his complaint locally to the firm Onmega Consulting & Health Tourism. The firm is contracted to provide help where possible. If contact to Onmega is not possible, and can a defective service not be corrected, then complaints should be registered with the services management or the offices of the organizer. Should the traveller so wish, then Onmega must locally supply a written account of any complaints. Legally binding declarations cannot be supplied. Should the traveller not fulfil these obligations, then a claim for damages is not possible.

9. Disqualification of Claims

Damage claims connected with the non-provision or contractual non-provision of travel services must be made within one month after the contractual end of travel, in writing, to the central offices of the organizer. All claims resulting from a travel contract lose their validity after six months. Claims for injury or death of a travel participant lose their validity after three years from end of travel.

10. Passport, Visa, Customs, Currency and Health Regulations

The traveller has sole responsibility for all the above-named regulations. All disadvantages resulting from a non-adherence to the above regulations are the burden of the traveller, even when the regulations are changed after booking.

11. Insurance

We advise you to procure insurance cover for luggage, accident, third-party, medical and transport. Further we advise the procurement of travel cancellation insurance.

12. Voidance of certain Provisions

The voidance of individual provisions of the travel contract does not lead to the voidance of the complete travel contract. Personal details are protected by the BDSG (Bundesdatenschutzgesetz – German law – protection of personal details)

13. General

All details listed in the brochure are current as at time of press, May 2004. We reserve the right to correct mistakes and printing and arithmetical errors. Verbal agreements are only valid when confirmed in writing. Mega Sport acts as an agent, the aforementioned terms and conditions are effective.

14. Legal Domicile

Legal domicile for proceedings is the residence of the defendant.