TERMS & CONDITIONS
Please carefully read the terms and conditions as noted below. You will be accepting all the terms and conditions unconditionally by electronically submitting the booking form along with this terms and conditions.
The terms (“we”, “us”, “our” “Mavi Marmara Tours”, “MT”) refers to Mavi Marmara Inc., a corporation based in Bryn, Texas.
The terms (“you” or “your”) refers to the customer visiting the Website (hereinafter defined) and/or booking a reservation either through our website or through our customer service agent.
The term “Website” refers to Mavi Marmara website. The term “Agreement” and or “Terms & Conditions” refers to all the terms, conditions, and notices set forth herein.
By booking any travel products or services or accessing or using the Website or promotional materials in any manner you agree to be bound by the terms and conditions of this Agreement. Please read this Agreement carefully. If you do not accept all or of the Terms & Conditions, please do not make bookings through our customer service agents or through the Website.
Mavi Marmara Inc has the right to change these terms and conditions as and when it deems it necessary. Please refer to our website for updated versions.
1. Mavi Marmara Inc:
is a private company and is not associated with any United States or foreign government offices or any of its departments or affiliates or embassies. Mavi Marmara acts only as a “Booking Agent” for the travelers in making arrangements for services and products provided by our Tourism Service Provider including and its third parties, such as airlines, hotels, meals, tours, buses, or other transportation suppliers in connection with Mavi Marmara’s travel packages (hereinafter called “Service Providers”).
Our website and marketing material display information about travel locations, travel agents, tour packages, insurance, visa and passport, transportation, foreign currency, schedules, travel, Prices for the tours and Governmental or other agencies.
MT has the right to charge any additional sums for the icrease in fees, fuel surcharges, taxes, and fluctuations in foreign exchange rates or any combination thereof. Acceptance of these Terms & Conditions hereby grants consent from you for any post-purchase price increases and authorizes MT to charge you through your credit Card or any other modes of payments selected as a convenient to you. Although MT uses best efforts to ensure the information supplied to MT by the Service Providers is correct and up to date, you agree that MT is not liable for the accuracy of such information. Many of the services and products which made up your travel booking are provided by Service Providers, and as such, you will be entering into a separate contract with these Service Providers for said services and products. Service Providers provide their services in accordance with their own terms and conditions. Some of those terms and conditions may limit or exclude the supplier’s liability to you. We suggest that you review any such terms and conditions set by the service providers.
MT accepts no responsibility for information supplied or representations made to us by third parties including the Service Providers. MT recommends that you confirm all information contained on or linked from our Website with the Service Providers.
The travel products and services described on the Website are subject to availability. It should be noted that all documents issued to travelers are non-transferable. Such documents may include but are not limited to, hotel vouchers, tour vouchers, or any other document used to confirm an arrangement with a Service Provider. Such documents may also be subject to conditions such as, but not limited to, being non-refundable, non-date-changeable and subject to cancellation or amendment fees. It is your responsibility to familiarize yourself with these conditions. If for any reason, any Service Provider is unable to provide, or alters in any way, the services for which you have contracted, your remedy lies solely with that Service Provider, and not with MT.
In the event MT receives payment by credit card, you agree that you will not seek to chargeback or recover your payment or any other losses from MT.
Unless otherwise expressly agreed to by MT in writing, you are responsible for obtaining all the travel documents including passports, visas, airline tickets, Covid-19 requirements and rules or completion of any other information or documents deemed necessary for travel by the airlines to the country you will be visiting.
2. Use of the MT Website:
The Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related services, making legitimate reservations, and for no other purpose, and is offered to you conditioned upon your acceptance without any modification of these Terms and Conditions.
Furthermore, as a condition of your use of the Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation on behalf of yourself and any other travelers you have included in your booking; (iii) you will use the Website in accordance with this Agreement; (iv) you will only use the Website to make legitimate reservations or bookings for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about these Terms & Conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto and will provide a copy of these Terms & Conditions to such other persons, which is binding upon them; (vi) all information supplied by you on the Website is true, accurate, current and complete, and (vii) if you have a MT account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right under our sole discretion to deny access to anyone to the Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
No Copy, Distribution, or Sale: You may download, display, or print one (1) copy of any portion of the content displayed on the Website (the “Content”). If you do so, you may not modify the Content in any way, and you must reproduce the MT copyright notice (or the Service Provider’s notice, as applicable) in the form: Mavi Marmara Inc- All Rights Reserved” as displayed on the relevant page(s) that you might copy. Except as provided herein, you may not:
• Copy, reproduce, upload, post, display, republish, distribute, or transmit, any part of the Content in any form whatsoever.
• Use a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
• Modify, translate into any language or computer language, or create derivative works from, any Content or any part of the Website.
• Reverse engineer any part of the Website; or
• Sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties.
Other Limitations. Unless otherwise provided within these Terms & Conditions, or unless specific applicable law requires MT to allow you to do so, you may not do any of the following without the prior written consent of MT:
• Use the Website to make any false, fraudulent, or speculative reservation, or any reservation in anticipation of demand.
• Imply in any fashion that MT is endorsing your products or services.
• Place false or misleading information on the Website;
• Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms & Conditions.
• Use or access the Website in any way that, in our reasonable judgment, adversely affects the performance or function of the Website, or any other computer systems or networks used by MT, other Website users or members.
• Upload or transmit to the Website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere, attempt to interfere with or intercept, the normal operation of our Website, or appropriate the Website or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party.
• Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that imposes an unreasonable load on our equipment; or
• Disguise the origin of the information transmitted through the Website.
Member ID and Password. Access to certain areas of the Website is only available to registered members. To become a registered member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to us about yourself and others, including email addresses, is true, valid, and accurate, and that you have the right to supply us with such information.
Termination: MT, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our website, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Website, and destroy any copy you have made of any portion of the Website. Accessing the Website after such termination, suspension, or discontinuation shall constitute an act of trespass. MT shall not be responsible to you for such suspension or termination.
MT may also, at any time, charge or impose fees for certain services, or establish or change general practices and limits concerning certain services.
3. Privacy and Security:
MT does not warrant or represent that the content of the MT Website or other promotional material is accurate, up-to-date, or complete, nor that it does not infringe the rights of others. MT is providing the Website, the promotional material, and its contents on an “as is” basis. MT makes no representations or warranties of any kind with respect to the Website, the promotional material, its contents or any of the products or services supplied by MT. You agree that no supplement, amendment, or modification to the packages described on the website or other promotional material shall be binding unless it is in writing and signed by all parties. You agree that you have not relied upon any oral representation in the selection or purchase of any MT tour packages and have relied solely upon your own research and findings and the written promises and agreements contained herein. To the maximum extent permitted by law, MT disclaims all implied representations and warranties including, without limitation, implied warranties that MT products and services offered will be of merchantable quality, fit for any purpose or will comply with any descriptions on the MT Website or promotional material. To the extent permitted by law, you release MT from all liability, cost, damages, claims and expenses (including direct, indirect, special and consequential loss or damage whether in negligence or otherwise) arising out of the supply or failure to supply or use or non-use of the third-party products or services or any other act or omission of a Service Provider.
MT does not represent or warrant that the Website, the server that makes it available or any MT products or services supplied through the Website will be free of errors, viruses or defects. Your access and use of the Website are subject to factors beyond MT’s control. MT does not warrant that the Website or the products and services offered via the Website will meet your requirements or that the service will be uninterrupted or timely. MT will use its best endeavors to make the Website secure and has implemented technology for this purpose. However, because of the nature of the internet, MT does not warrant that the Website will be secure.
To the maximum extent permitted by law, neither MT nor any of our officers, employees, shareholders or other representatives will be liable in damages or otherwise in connection with your use of or inability to access the Website or the purchase and use of any products and services supplied via the Website or any breach of any warranties that may be implied by law. This limitation of liability applies to all damages of any kind, including compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties. If the Website fails to operate or causes you loss or damage, you agree that your sole remedy is the refund of any money that you paid to MT to use the website.
If applicable, hotel ratings stated on the MT Website or promotional material (including, without limitation, photographs, lists of hotel amenities, descriptions of property, etc.) are provided by the respective Service Providers. These hotel ratings are general guidelines and MT cannot guarantee their accuracy. The promotional material is to be used as a general guide and the ratings and hotel information may be amended periodically by the respective Service Providers.
All Service Providers are independent contractors, not MT affiliates or agents. MT is not liable for the actions, omissions, errors, representations, warranties, negligence, breach of contract, personal injuries, death, property damage, delays, or any other damages or expenses resulting from Service Providers. MT has no liability and will not refund due to delay, cancellation, overbooking, strike, force majeure, terrorism, and any other causes that are beyond MT’s direct control or from any loss or damage resulting from improper passport, visas, or other documents.
MT has no control and is not responsible for any additional expenses, delays, omissions, re-routing, or acts of interference by any government or legal authorities.
The information, software, products, and services provided by us or our suppliers or published on the Website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of and disclaim all liability for any errors or other inaccuracies relating to such information that appears on the Website. We expressly reserve the right to correct any pricing errors on the Website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will
Cancel your reservation without any penalty.
MT is not responsible for any traveler(s) missing any part of their package due to no fault of MT, including but not limited to, the traveler(s) selecting flights that occur outside the published package and tour dates. In such event(s), the traveler(s) shall be responsible for any additional expenses incurred for the traveler(s) to rejoin the tour. MT will not make any changes after departure and will not redeem any part of the payment for any services rendered utilized.
Please be aware that during your participation in packages operated by MT, certain risks and dangers may arise beyond our control, including but not limited to the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. MT will not have liability regarding access to or provision of medical care or the adequacy of any care that may be rendered, or for any losses, damage, death, injuries, or claims whatsoever arising from, or connected with, your MT package. While MT will use its best efforts to ensure adequate measures are taken, by agreeing to participate in a package and/or optional excursions, you agree that you will hold MT harmless regarding any access to or provision of medical care or the adequacy of any care rendered.
6. Fitness and Health:
Please be aware that during your participation in packages operated by MT, certain aspects of the tour package will be physically demanding and require a certain level of physical fitness to be able to fully participate. You agree and warrant that you are physically and mentally fit (including, but not limited to, being able to walk up to three miles, tolerate temperatures of up to and exceeding 110°F, tolerate significant air pollution, utilize facilities that are non-compliant with the American with Disabilities Act of 1990) to travel and participate in the packages operated by MT, and that it is your responsibility to research all package destination(s), and the included activities, to determine whether you are physically and mentally fit and able enough to participate at the level required by the tour. You further certify that you have no physical, mental, medical and/or emotional condition that would endanger yourself, other MT customers (sometimes hereinafter referred to as “Guest(s)”), and/or any other individuals. You hold harmless MT and agree that MT shall have no liability regarding any portion of the tour that you are unable to participate in due to your health and/or fitness level. MT reserves the right to refuse service, passage, disembark or confine any Guest whose physical or mental condition, or behavior would be considered, in the sole opinion of MT, to constitute a risk to your own well-being or that of any other Guest or staff member. If you are denied service, passage, disembarked, or confined pursuant to the terms contained herein, you agree that MT will not be liable for any refund, other compensation or damages, and that disembarkation will be at your sole expense, and that you will indemnify MT and that MT may charge your account for any expenses incurred by MT in relation to your disembarkation.
We strongly recommend that all travelers purchase adequate medical, trip cancellation, interruption, and baggage insurance prior to travel. It is important for you to carry the details of insurance coverage during the tour. During the planning you may wish to check with your private insurance carrier regarding the terms of your coverage (or lack of coverage) outside your home country including emergency medical evacuation to your home country.
MT accepts payment by credit cards, checks, money order, or wire transfer. Your payment is not deemed made until received and uncashed by MT.
Your booking is not confirmed until your registration/application is approved by MT in its sole discretion, the payment is received by MT, and you receive written confirmation of your booking from MT. Special conditions may apply to the prices set forth on the Website. To determine such conditions, you must contact MT or the relevant Service Provider. Please review and verify your booking invoice thoroughly and contact your travel agent or MT immediately if your invoice appears to be incorrect or incomplete, as it may not be possible to make changes later. Please be advised that MT reserves the right to reject/refuse any application for any reason at any time prior to departure.
9. Cancellation. Pre-paid packages:
In the event of cancellation of tour / travel services due to any avoidable / unavoidable reason/s we must be notified of the same in writing. Cancellation charges will be effective from the date we receive advice in writing, and cancellation charges would be as follows:
50% of the deposit paid, if cancellation is done after the booking date but prior to 10 working days from the start date of the travel.
30% of the amount paid if the cancellation is made prior to 5 working days from the start date of the travel.
50% of the amount paid if the cancellation is made 24 hours prior to the start of the tour.
No refund will be made in case of "no-show".
10. Travelers Who Need Special Assistance:
You must report to MT in writing any disability requiring special attention while traveling at the time a reservation is made. MT will make reasonable attempts to accommodate the special needs of disabled travelers but is not responsible in the event it is unable to do so nor is it responsible for any denial of services by Service Providers. MT regrets that it cannot provide individual assistance to a traveler for walking, dining, getting on and off buses and other vehicles, or other personal needs. A qualified and physically able companion must accompany travelers who need such assistance and must assume full responsibility for their well-being. If such a companion is not available for the traveler, MT may, in its discretion, cancel the reservation and, if MT is informed of any disability requiring special attention at the time the reservation is made, return the full deposit of the traveler. MT accepts no liability or responsibility for any traveler who needs such assistance but does not have a qualified and physically able companion.
11. Young Travelers:
Travelers who are less than 18 years old on the departure date must be accompanied by an adult throughout the duration of the vacation. For any special requirements regarding airline tickets for children, contact your airline directly. If a child will be traveling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel. MT suggests that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.
12. Mandatory Negotiation, Mediation and Arbitration of Disputes:
Waiver of Jury Trial and Certain Damages:
In the event of any controversy or claim arising out of or relating to this Agreement or any other contract between yourself and MT, or the breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days, then either party may, by written notice to the other party, demand mediation in Bryn, Texas, exclusively, before a mediator mutually agreed upon by the parties. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this Agreement shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the city of Bryn, Texas, in accordance with the United States Arbitration Act. There shall be one arbitrator named in accordance with such rules. Except as may be required by law or to the minimum information necessary for entry of judgment, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all/both parties. The parties understand and agree that mediation and arbitration shall be the exclusive remedy for any controversy or claim arising out of or relating to this Agreement or any other contract between yourself and MT or breach thereof.
The parties further understand that they hereby waive any right to sue in court.
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to this Agreement within two (2) years from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived. In no event shall be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with, your access to, display of, or use of this website or our services or with the delay or inability to access, display or use our website, products, or services whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
If, despite the limitation above, we are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, then our liability will not in any event exceed, in the aggregate, the amount greater than i) the service fees paid to us in connection with such transaction(s) on this website and ii) one hundred US Dollars ($ 100.00) or in equivalent of local currency.
You agree the limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed in essential purposes.
All parties agree to irrevocably waive their respective rights to a jury trial of any cause of action, claim, counterclaim, or cross-complaint in any action or proceeding and/or hearing brought by either party against the other on any matter whatsoever arising out of these Terms & Conditions
or any agreement between you and MT.
In the event that the arbitration clause contained herein is deemed invalid by a court of law, each party agrees that any suit, action or proceeding arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Bryn, Texas. Each party waives any objection which it may have now or hereafter to the laying of the venue in the County of New York, State of New York of such action or proceeding, and irrevocably submits to the personal jurisdiction of any such court in any such suit, action or proceeding.
If any of these Terms & Conditions is invalid or unenforceable, only the portions of the provisions deemed invalid or unenforceable will be struck out, and the remaining provisions will remain in force. Accessing or using the Website in any manner or booking any travel products or services through the Website or through our customer service agents, is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph. Headings are for reference purposes only. Notwithstanding any other provision contained herein, if MT does not act in relation to a breach by you or others of these Terms & Conditions, this does not waive MT’s right to act with respect to subsequent or similar breaches. No person, other than an authorized representative of MT by a document in writing, is authorized to vary, add, or waive any term or condition set forth in this Agreement. This Agreement shall be governed by the laws of the State of New York, without regard to the conflicts of law’s provisions therein.
14. MT’s Use of Guest’s Likeness:
You grant MT and/or its promotional partners the exclusive right to include photographic, video and other visual portrayals of you in any medium of any nature whatsoever for any purpose including without limitation trade, advertising, sales, publicity or otherwise, without compensation to you, and all rights, title and interest therein (including all worldwide copyrights therein) shall be MT’s sole property, free from any claims by you or any person deriving any rights or interest from you. You understand and agree that professional photographers may photograph you, and that those photos may be processed, displayed, and sold to others.
MT, at its discretion, may provide links to other web sites or resources or allow third party web sites to link to Mavitours.com Because MT has no control over such web sites or resources, you expressly understand and agree that MT is not responsible in any way or form for the contents, products, advertising, materials, services, or resources contained on any other web sites and MT does not endorse or sponsor any third-party web sites. MT is not responsible or liable, whether directly or indirectly, for any damage, loss or claims by or in connection with your use or reliance on any content, products, advertising, materials, services, or resources available on or through such websites.
You agree to indemnify us and our affiliates, including all our officers, directors, employees, and agents from and against any claims, causes of action, demands, losses, damages, or other costs, including any legal and accounting fees, brought by you or third parties because of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of the Website. In the event you bring an unsuccessful claim against MT in any court of law, or otherwise, you agree to reimburse MT for all costs, including, but not limited to, any legal and accounting Fees incurred by MT.
17. Modification of Terms:
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and MT and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and MT. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
By signing below, clicking the register button on the website, accepting services from MT or by not canceling the reservation with MT, you, the traveler, or arranger, confirm that you have read and agree to the Terms and Conditions above. You also acknowledge that you fully understand the package which you are purchasing and all the Terms and Conditions that apply. You also acknowledge that, in the event you are making a reservation on behalf of another traveler, you are authorized to bind the other traveler to these Terms and Conditions and that you have so informed that traveler of these Terms and Conditions.
18. RISKS OF TRAVEL
We assume no responsibility for and shall not be liable for the acts or omissions on the part of any other party not under our control or any acts of God, unsafe conditions, terrorism, health hazards including pandemics, illness, weather hazards, or the suitability for a disabled person of any portion of any trip. We have no special knowledge of dangers during travel or at destinations. For information related to such dangers, we recommend going to the State Department travel website at www.travel.state.gov, click on “Find International travel Information” then click on “Country Information”, and fill in the name of the destination country. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, then click on “Destinations” and scroll to the name of the destination country. For destination information specific to COVID-19, we recommend visiting IATA’s COVID-tracking site in addition to the State Department site. It is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of COVID-19. Ultimately it is your responsibility to understand and abide by all requirements and restrictions when traveling. This may include the following: health affidavit forms; health screenings prior to departure and/or upon arrival; temperature screenings prior to departure and/or upon arrival; travel reason affidavit forms; online travel authorizations; airline safety & health requirements, such as health forms, screenings, face coverings; in-country requirements, such as periodic temperature checks, quarantine, face coverings; visas. Failure to meet the requirements and/or restrictions puts you at risk for fines, quarantine or deportation at your expense.