Captain Jack

Terms and conditions

Terms and conditions Captain Jack Yachting

Article 1 – Clarification terminology
Article 2 – Establishment & contents travel agreement
Article 3 – Payment
Article 4 – Travel sum
Article 5 – Notification obligation
Article 6 – Travel documents
Article 7 – Changes made by traveller
Article 8 – Substitution
Article 9 – Cancellation by traveller
Article 10 – Cancellation by Captain Jack Yachting
Article 11 – Changes made by Captain Jack Yachting
Article 12 – Liability and force majeure
Article 13 – Help and assistance
Article 14 – Exclusion and limitations liability Captain Jack Yachting
Article 15 – Obligations traveller
Article 16 – Complaints

Article 1 – Clarification terminology
1.1. Within these terms & conditions you will find the following terminology:
Captain Jack Yachting: The travel organiser, which offers prearranged travels directly (through internet).
Traveller:
a. the counterparty who has stipulated or agreed upon the travel, or
b. the person who according to article 8 of these terms & conditions has been assigned the legal relationship with Captain Jack Yachting.
Travel agreement: the agreement through which Captain Jack Yachting ties itself to the traveller to provide the offered and agreed upon travel with at least the following two services:
a. transport
b. accommodation
c. any other touristic service part of the travel
Own transport travels: travels whereby the traveller only books accommodation and ensures own transport.
Weekdays: Monday to Friday, excluding certified holidays.
Business hours: Monday to Friday from 10.00 – 20.00, excluding certified holidays.
1.2 These terms & conditions are applicable to all established agreements.
1.3 The mentioned amounts within these terms & conditions are, whenever applicable, including VAT.

Article 2 – Establishment & contents travel agreement
2.1. Travel offer and acceptance
a. The travel agreement is realised when the traveller accepts the travel offer from Captain Jack Yachting. After establishing the travel agreement the traveller will receive an electronic confirmation, possibly by way of invoice.
b. When booking through internet the traveller will be informed he/she is entering a travel agreement before establishment thereof. Captain Jack Yachting ties the traveller to the travel agreement by confirming the booking.
2.2. Withdrawal travel offer
The travel offer of Captain Jack Yachting is non-binding and can be withdrawn due to calculation errors concerning the travel sum or other errors. The withdrawal shall take place as soon as possible, within 5 weekdays at the latest. The traveller is entitled to a refund of any possible payments made.
2.3. Safeguarding apparent errors
Captain Jack Yachting cannot be tied to apparent errors or mistakes. This concerns errors or mistakes which –from the perspective of the average traveller- are (and should be) recognizable as such.
2.4. Cancellation due to low participation
Captain Jack Yachting has the right to cancel the travel agreement with immediate effect if the number of participants is below the required minimum. The period of notice is no less than 3 weeks before the date of departure. The required minimum of participants will be determined by Captain Jack Yachting. Articles 10 and 12 are not applicable.
2.5. Notification obligation traveller
a. When establishing the travel agreement, the traveller will only provide information concerning him/herself and other travellers registered by him/her that are relevant to fulfilling the travel agreement.
b. The traveller will also provide necessary details and the composition of the travellers registered by him/her that are importance to bring the travel to a satisfactory conclusion. For further traveller obligations, see article 15. 

2.6. Lead passenger
a. The person who, on behalf of or for the benefit of another, enters into the travel agreement is severally liable for all of the obligations which follow out of the travel agreement.
b. All communication and payments between travellers and Captain Jack Yachting will be done through the lead passenger as much as possible.

2.7. Information and restrictions in publications
a. The recorded information about travel in publications are part of the travel agreement.
b. If the restrictions in the publications are in conflict with the travel conditions, the provisions that are most advantageous for the traveller will be upheld.

2.8. Departure and arrival times
Departure and arrival times are stated in the travel documents. These times are subject to possible changes. Article 11 and 12 are not applicable. 

2.9. Captain Jack Yachting does not carry any responsibility for general information in photo’s, leaflets, advertisements, websites and other data carriers, to the extent that they have been published or drafted by third parties.

Article 3 – Payment
3.1. 30% of the total agreed upon travel sum is due to be paid within 1 week of establishing the travel agreement unless otherwise determined.
Payment can be made to:
account number TR54 0006 2001 2110 0009 0928 76
t.n.v. Captain Jack Yachting,
Türkiye garanti bankasi,
swift code TGBATRIS.
3.2. The remaining amount of the travel sum needs to be in possession of Captain Jack Yachting no less than 6 weeks before the date of departure (unless otherwise determined). In the event of late payment, the traveller is in default. The traveller will be informed of this by Captain Jack Yachting and will be given the opportunity to fulfil the required payment within 5 weekdays. If payment is still not forthcoming, the travel agreement is deemed to be cancelled on the day of default. Captain Jack Yachting has the right to charge the therefore determined cancellation costs. In that case the provisions in article 9 are applied and made payments will be offset against the cancellation costs.
3.3. In case of the travel agreement being established within 6 weeks before the date of departure, the total travel sum is due to be paid within 1 week of the invoice date

Article 4 – Travel sum

4.1. The published travel sum is per person, unless stated otherwise. The travel sum includes all services and provisions as mentioned in the publication. Costs involved with additional services that have been requested by the traveller and are fulfilled by Captain Jack Yachting or third parties, such as insurance costs, are not included. Nor are the booking costs.
4.2. The published travel sum is based on the prices, exchange rates, duties and taxes that were available to Captain Jack Yachting at the time of publication.
4.3. As long as the complete travel sum has not been fulfilled Captain Jack Yachting has the right to raise the travel sum due to possible increased transport costs, duties and taxes. Captain Jack Yachting will indicate how the increased costs have been drawn up.
4.4.a. The traveller has the right to reject the price increase of the travel sum, as mentioned in the previous clause. He/she must –at risk of forfeiting- must make us of this right within 3 weekdays of being informed of the price increase.
b. In case of the traveller rejecting the travel sum increase, Captain Jack Yachting has the right to cancel the agreement within 7 weekdays. Articles 10, 11 and 12 are not applicable.

Article 5 – Notification obligation
5.1 Captain Jack Yachting will notify the traveller about information concerning passports, visa and possible health formalities when the travel agreement is being established. The traveller is responsible for seeking relevant additional information from the involved authorities and checking if the obtained information is still up to date well before the date of departure.
5.2. In the case of the traveller not being able to make the (complete) travel due to the absence of valid documents, he/she or is accountable for the possible consequences.
5.3. The traveller is responsible for having the necessary documents on his/her person.

Article 6 – Travel documents
6.1. Captain Jack Yachting will provide the traveller with the necessary travel documents at least 2 weeks before the date of departure (with own transport travels this is 2 weeks before the date of arrival at the first accommodation) unless stated otherwise.
6.2. In case the traveller hasn’t received the travel documents 5 days before the date of departure, he/she should immediately notify Captain Jack Yachting.
6.3.a. If the booking is made within 2 weeks before the date of departure (with own transport travels this is 2 weeks before the date of arrival at the first accommodation) Captain Jack will inform the traveller of when and how the necessary travel documents will come into his/her possession.
b. If the traveller hasn’t received these documents, he/she will notify Captain Jack Yachting immediately.

Article 7 – Changes made by traveller

7.1. After establishing the travel agreement, the traveller can request change thereof. Upon condition that the traveller will fulfil the possibly changed travel sum offsetting this against previously paid amounts, including possible costs due to changes made.
7.2. If applicable, rejection will be substantiated by line of thought. The traveller can either cancel or uphold the original travel agreement. In case of cancellation, article 9 is applicable. If no response is given by the traveller when his/her requested change is rejected, the original travel agreement will be upheld.
7.3. The changing of travel dates or decrease in the original number of paying passengers will be regarded as a (partial) cancellation, to which article 9 is applicable.

Article 8 – Substitution
8.1. Before travel commences, the traveller can have him/herself replaced by someone else. The following conditions apply: this person meets all the requirements in the travel agreement, the request is done at least 7 weekdays before the date of departure or the time necessary to complete the necessary formalities.
8.2. The lead passenger, the traveller and the replacing person are severally liable towards Captain Jack Yachting concerning payment of the remaining travel sum. The possible additional costs mentioned in article 7, clause 1 are applicable here due to substitution.

Article 9 – Cancellation by traveller
9.1. Standard cancellation costs: In case of an agreement being cancelled, the traveller is accountable for possible booking costs and the following cancellation costs:
– When cancelling 42 days (up to and including) to 28 days (up to and excluding) before the date of departure, you are liable for 60% of the travel sum.
– When cancelling 28 days (up to and including) to 14 days (up to and excluding) before the date of departure, you are liable for 75% of the travel sum.
– When cancelling 14 days (up to and including) to 5 days (up to and excluding) before the date of departure, you are liable for 90% of the travel sum.
– When cancelling 5 days (up to and including) to 5 days (up to and excluding) before the date of departure, you are liable for the complete travel sum.
9.2. Other cancellation costs: For regular service transport or charter flights, other cancellation provisions may apply.
9.3. Partial cancellation: a. In case of a traveller within the travel party cancelling his/her travel agreement concerning joint accommodation, he/she is liable for cancellation costs.
b. Captain Jack Yachting will present a suitable alternative proposal to the remaining traveller(s) in the same period and accommodation.
c. For the aforementioned traveller(s) in clause b. the travel sum will be adjusted in line with published prices. Concerning payment of the travel sum, the rules of payment in article 3 apply.
d. When the alternative proposal cannot be fulfilled or isn’t accepted, all agreements will be cancelled and all travellers are liable for with cancellation costs.
e. The combined amount of cancellation costs and adjusted travel sum will not exceed the travel sum of the original booking.
9.4. Cancellations made outside of business hours are deemed to be processed the following weekday.
9.5. When no cancellation takes place, but the traveller opts for substitution, article 8 is applicable.

Article 10 – Cancellation by Captain Jack Yachting
10.1. Captain Jack Yachting has the right to cancel the travel agreement if the circumstances are of such a nature that the obligations of the travel agreement cannot reasonably be expected.
10.2. An advice against travelling that is relevant to the travel agreement is such a circumstance.
10.3.a. When the cause of cancellation can be attributed to the traveller, the traveller will be held accountable for resulting damages.
b. When the cause of cancellation can be attributed to Captain Jack Yachting, Captain Jack Yachting will be held accountable for resulting damages. If this is the case will be determined in article 12.
c. When the cause of cancellation cannot be attributed to either the traveller or Captain Jack Yachting, both parties will bear their own loss as determined in article 13.

Article 11 – Changes made by Captain Jack Yachting
11.1.a. Captain Jack Yachting has the right to change the travel agreement due to aforementioned circumstances in article 10 clause 1. The traveller will be notified of this within 3 weekdays.
b. If the change is such that it has disadvantageous consequences, the traveller may reject the change.
11.2.a. In case of a change, Captain Jack Yachting will present the traveller an alternative offer. This will be done within 3 weekdays.
b. The alternative offer must at least be of equal value.
11.3.a. The traveller that makes use of his/her right to reject the change or the alternative offer, must make this be known within 3 weekdays of being notified about the change or the alternative offer.
b. Captain Jack Yachting has the right to cancel the travel agreement with the traveller with immediate effect after being informed about the rejection within 3 weekdays. In this case the traveller is entitled to remission or restitution of the travel sum (or, in case of the travel partly having taken place, reimbursement of a proportionate part thereof) within 2 weeks. Notwithstanding his/her right to compensation as referred to in clause 4.
11.4.a. When the cause of changes made can be attributed to Captain Jack Yachting, Captain Jack Yachting will be held accountable for resulting damages concerning the traveller. Article 12 will determine if this is the case.
b. When the cause of changes made can be attributed to the traveller, the traveller will be held accountable for resulting damages.
c. When the cause of changes made cannot be attributed to either the traveller or Captain Jack Yachting, both parties will bear their own loss as determined in article 13.
11.5. If after commencement of the settled upon travel an important part of the services, which is relevant to the travel agreement, cannot be fulfilled, Captain Jack Yachting will arrange a suitable alternative with the purpose of continuing the travel. Please check article 13 for possible costs. If these alternatives aren’t possible, Captain Jack will arrange that the traveller(s) will be returned to the point of departure, or an agreed upon alternative, by equal means of transport. Please check article 13 for possible costs.

Article 12 – Liability and force majeure

12.1. Notwithstanding the defined in articles 10 and 11, Captain Jack is obliged to fulfil the settled upon travel agreement according to the expectations that the traveller has formed upon the travel agreement.
12.2. If the travel doesn’t go according to the expectations as referred to in clause 1, the traveller is obliged to make this known to Captain Jack Yachting as soon as possible (check article 16 clause 1).
12.3. If the travel doesn’t go according to the expectations as referred to in clause 1, Captain Jack Yachting is, notwithstanding the defined in articles 13, 14 and 15, obliged to compensate the traveller for possible damages. Unless the shortcoming of the fulfilment cannot be attributed to Captain Jack Yachting nor the person whose help is made use of during the execution of the travel agreement, because:
a. the shortcoming in the execution of the travel agreement can be attributed to the traveller, or
b. the shortcoming in the execution of the travel agreement could not be foreseen or removed and can be attributed to a third party that isn’t involved with the delivering of extra services included in the travel, or
c. the shortcoming in the execution of the travel agreement is due to an event of which Captain Jack Yachting or those whose help is made use of while executing the travel agreement, while observing considerable care, could not be foreseen or resolved, or
d. the shortcoming in the execution of the travel agreement is due to force majeure as referred to in clause 4 of this article.
12.4. Force majeure is understood to being abnormal and unforeseeable circumstances that are impartial to the will of those who claim it and of which the consequences could not be avoided despite precautionary measures.

Article 13 – Help and assistance

13.1.a. Depending circumstances, Captain Jack Yachting is obliged to offer the traveller help and assistance in case of the travel not going according to the expectations that the traveller has formed (resulting from the travel agreement). Resulting costs are accountable to Captain Jack Yachting if the shortcoming of the travel agreement can be attributed to Captain Jack Yachting in according with article 12 clause 3.
b. In case the cause can be attributed to the traveller Captain Jack is obliged to provide help and assistance for as far as this can be reasonably expected. In such case the traveller is liable for the resulting costs.
13.2. In case of the travel not going according to the reasonable expectations that the traveller has formed (resulting from the travel agreement) and this cannot be attributed to either the traveller or Captain Jack Yachting, each party will bear their own damages. For Captain Jack Yachting this entails, amongst other things, extra personnel. For the traveller this entails, amongst other things, extra costs regarding stay and repatriation.

Article 14 – Exclusion and limitations liability Captain Jack Yachting
14.1.a. In case of an included travel service holding an applicable convention that excludes or limits the liability of Captain Jack Yachting, the liability of Captain Jack Yachting is accordingly excluded or limited.
b. Nor is Captain Jack Yachting liable when the traveller manages to secure compensation from a travel or cancellation insurance.
14.2. If Captain Jack Yachting is liable for loss of travel pleasure the compensation will be a maximum amount of equal the travel sum.
14.3. Notwithstanding the aforementioned clauses of this article, Captain Jack Yachting is not liable for more than a maximum amount of equal the travel sum for other damages than caused by death or injury of the traveller, unless when intent or gross negligence can be proven. In this case her liability is unrestricted.
14.4. The aforementioned exclusions and/or limitations concerning the liability of Captain Jack Yachting are also applicable to the employees of Captain Jack Yachting, the booking agency and involved service providers, including their staff, unless this is ruled out by law or convention.

Article 15 – Obligations traveller
15.1. The traveller is obliged to comply with all directions given by Captain Jack Yachting that are directed towards a successful execution of the travel and is liable for damages caused by improper conduct.
15.2.a. The traveller that creates such a situation in which a successful execution of the travel is impeded can be excluded from further conclusion of the travel by Captain Jack Yachting.
b. The traveller will be held liable for all resulting costs.
15.3. The traveller is obliged to minimize or avoid damages when possible, especially with regards to the aforementioned article 16 clause 1 concerning his/her notification obligation.

Article 16 – Complaints
16.1.a. A shortcoming in the execution of the travel agreement as referred to article 12 clause 2 must be divulged on location as soon as possible so that a solution can be sought. The traveller should report him/herself to Captain Jack Yachting concerning this.
b. In case the traveller has not fulfilled his/her notification obligation, and Captain Jack Yachting is therefore not able to resolve the shortcoming, his/her right to compensation may be limited or excluded.
16.2.a. If a complaint hasn’t come to a satisfactory conclusion, this complaint should be submitted digitally (including just motivation) to Captain Jack Yachting within two weeks after travel.
b. A complaint which is not handed in on time by the traveller will not be handled, unless the traveller does not carry any blame. Captain Jack Yachting will inform the traveller about this by e-mail.
c. Captain Jack Yachting will reply with a detailed written response within at least one month of receiving the complaint.

 

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