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Terms & Conditions 3
M/Y Independence, Sharm el Sheik
Travel Conditions
Valid from 01.May 2003
5. Cancellation of the travel
contract due to exceptional circumstances
5.1 Should the journey become
significantly difficult, as a result of other factors (e.g. war, internal
commotions, natural disasters or epidemics), both the customer and the safari
boat M/Y INDEPENDENCE, SHARM EL SHEIK, OWNERS FRANK JAHRSDÖRFER AND MARKUS
EBERT can cancel the contract. If the contract is cancelled before departure
date, the customer will receive the paid travel price back. No other claims are
possible. The safari boat M/Y INDEPENDENCE, SHARM EL SHEIK, OWNERS FRANK JAHRSDÖRFER
AND MARKUS EBERT can however, request payment for services already supplied.
5.2 If any of the above mentioned
circumstances arise after the travel departure date, the travel contract can be
cancelled by both parties. If the contract is cancelled due to one of the
aforementioned reasons, additional costs for the return conveyance have to be
paid by the customer. Any other extra costs will also be charged to the
customers account.
6. Cancellation
6.1 A cancellation on the part of
the customer has to be submitted, in written form, with reference to the
booking number. The receipt of the declaration of withdrawal at the safari boat
M/Y INDEPENDENCE, SHARM EL SHEIK, OWNERS FRANK JAHRSDÖRFER AND MARKUS EBERT or
at the booking office is the starting point for the cancellation time and
therefore important regarding the cancellation costs. Usually the amount of the
cancellation costs amounts to a percentage, per person, of the total travel
price as follows (as long as no replacement person exists):
6.1.1
up to 30. days before departure 25%
up to 15. days before departure 40%
up to 7. days before departure 80%
from the 7th day before departure
and by non-appearance and/or cancellation 100%
6.1.2 With the consolidation of the
costs into a lump sum the ordinary saved expenses and possible other uses of
travel services are covered. The customer is permitted to collect any proof,
that in conjunction with the cancellation, none or only minor costs arose.
6.1.3 If two or more persons booked
a cabin or a double or a multi-bed room together and no replacement is
available for the withdrawn participant, the safari boat M/Y INDEPENDENCE,
SHARM EL SHEIK, OWNERS FRANK JAHRSDÖRFER AND MARKUS EBERT are entitled to
demand the charge for the full room or, if possible, to find alternative
accommodation for the remaining participant.
6.1.4 In the case of a
cancellation, any travel documents must be returned.
6.1.5 In the event of a
cancellation costs such as visa -, telephone or handling charges cannot be
refunded.
6.1.6 Cancellation costs are also
to be paid, if the customer either does not participate in the journey or
cannot start the travel punctually.
6.2 Cancellation on the part of the
safari boat M/Y INDEPENDENCE, SHARM EL SHEIK, OWNERS FRANK JAHRSDÖRFER AND
MARKUS EBERT -In the following cases the safari boat M/Y INDEPENDENCE, SHARM EL
SHEIK, OWNERS FRANK JAHRSDÖRFER AND MARKUS EBERT can withdraw from the travel
contract before departure date or cancel the travel contract after departure.
6.2.1 Non-observance of a time
limit: if the customer, regardless of a warning by the safari boat M/Y
INDEPENDENCE, SHARM EL SHEIK, OWNERS FRANK JAHRSDÖRFER AND MARKUS, is
disturbing the execution of a journey, or behaves contrary to the contract in
such a way that the immediate cancellation of the contract is justified. If the
safari boat M/Y INDEPENDENCE, SHARM EL SHEIK, OWNERS FRANK JAHRSDÖRFER AND
MARKUS EBERT cancel the travel contract, the customer keeps the claim for the
travel price, however the customer must allow for the value of the saved
expenses, as well as those advantages achieved by the use of services not
received, including the amounts credited by the service providers.
6.2.2 Up to 2 weeks before
departure: in the event that an agreed minimum number of participants is not
achieved, provided the tendering for the appropriate journey refers to a
minimum number of participants. In any case, the safari boat M/Y INDEPENDENCE,
SHARM EL SHEIK, OWNERS FRANK JAHRSDÖRFER AND MARKUS EBERT are bound to inform
the customer immediately they become aware of this occurrence and to submit the
declaration of withdrawal to the customer immediately. The customer immediately
receives back the paid price. Should it be evident at an earlier time that the
minimum number of participants will not be achieved, then safari boat M/Y
INDEPENDENCE, SHARM EL SHEIK, OWNERS FRANK JAHRSDÖRFER AND MARKUS EBERT must
inform the customer.
6.2.3 Up to 4 weeks before
departure: if the implementation of the journey is not reasonable for the
operator after examination of all possibilities, while too few bookings for the
travel so that the journey would incur costs which would be in excess of the
economical limit for the safari boat M/Y INDEPENDENCE, SHARM EL SHEIK, OWNERS
FRANK JAHRSDÖRFER AND MARKUS EBERT. The right of withdrawal for the safari boat
M/Y INDEPENDENCE, SHARM EL SHEIK, OWNERS FRANK JAHRSDÖRFER AND MARKUS EBERT is
only possible provided it is not responsible for the causal circumstances (e.g.
miscalculation) and providing the safari boat M/Y INDEPENDENCE, SHARM EL SHEIK,
OWNERS FRANK JAHRSDÖRFER AND MARKUS EBERT are able to verify the circumstances
leading to the cancellation and if it submitted a comparable offer to the
customer. If the journey is canceled for this reason, the deposited travel price
will be returned to the customer immediately.
6.2.4 The entitlement for
cancellation also exists in the case of a delay of payment of a participant. An
extension of the payment time is not necessary.
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