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
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
2.3 Please note that for bookings at short notice Mega Sport
has the right to charge for additional telex and telephone costs.
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
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
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.
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.
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.
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.
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
Should the traveller not have received the travel documents
in good time, then he should promptly inform the organizer.
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.
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)
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.
Legal domicile for proceedings is the residence of the defendant.