Distance Sales Contract
DISTANCE SALES CONTRACT
This contract has been drawn up in accordance with the Regulation on Distance Contracts ("Regulation") published in the Official Gazette dated 06.03.2011 and numbered 27866, in accordance with the obligation to make a contract for sales over the internet and other communication tools, and in cases where there is a gap in this contract, the provisions of the Regulation will be applied in priority.
Agency) and the person who receives the service by approving this agreement is the 'CUSTOMER'
will be referred to as.
The subject of this contract covers the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the relevant Regulation in relation to the services that the Agency displays, advertises and sells through the internet address ....... or other communication tools, the qualifications and sales price of which are determined in the contract.
3.CONTRACTUAL SERVICE AND PRICE INFORMATION
The current tour program, voucher, tour registration form, collection receipt, tickets and other printed documents provided to the consumer during the reservation are an integral part of this contract.
4. GENERAL CONDITIONS
4.1The customer declares that he / she has read and informed all the information within this contract regarding the access information of the Agency mentioned in this contract, the qualifications of the product or service subject to the contract, the sales price, the payment method and the information regarding delivery and performance, additional costs, the duration of the contract, the validity period of the commitments regarding the product or service, the termination conditions, complaints and objections and that he / she has given the necessary confirmation.
4.2 For the performance of the service subject to the contract, the signed copy of this contract must be delivered to the Agency and the price must be paid. If for any reason the product price is not paid or canceled in the bank records, the Agent is not obliged to perform the service.
4.3 For all services offered by the Agency, the customer accepts that he / she makes a reservation with his / her own free will and that he / she will not claim a right from the Agency with the claim that he / she does not comply with his / her taste or conditions for the service and that the Agency has no responsibility.
4.4. At every stage of all services received through the Agency, the Agency must be contacted through the contact information stated above or by coming to the Agency personally. Otherwise, the Agency does not accept any responsibility in case of changes, cancellations, new reservations and different services to be made by the Customer directly from the relevant companies.
4.5. In case of early departure from the hotel, no right and demand can be made for a refund. In case of early departure from the hotel, the Customer agrees to pay the full amount of the reservation without any objection.
4.6.In the event that the purchased service cannot be provided due to a problem not caused by the Agency (hotel closure without prior notification, urgent need for renovation at the hotel, hotel receiving more reservations than its capacity, etc. in force majeure situations), if a written notification is made to the Agency from the relevant company before the service start date, the customer is offered an alternative service in the same category or a refund of the total amount paid. In rare cases where the Agency is not notified, it is deemed accepted that the supplier/intermediary organization or the relevant hotel will find an alternative service in the same category or the amount collected at the request of the Customer will be refunded immediately.
4.7. Although the Customer has taken all necessary care, the Agency may cancel or postpone the trip due to the failure to register the required number of passengers and/or adverse weather conditions, natural disasters, road obstacles, strikes, terrorism, fog, possibility of war, unpredictable technical issues, political events, changes in interstate relations, public movements, all force majeure events that prevent the start or continuation of the trip. In case of cancellation, the Agency will notify the Customer and refund the total amount paid by the Customer until that day within 10 days at the latest. However, in this case, the customer is not entitled to any additional compensation.
4.8. The agency is in the position of service provider in the presence of customers who purchase the service, accommodation facilities, carrier companies and all kinds of third parties and legal entities that provide other services related to the trip. For this reason, the Customer, who has registered for the trip with the application, is not entitled to compensation for the vehicles not being present at the departure place at the time shown in the program, land-air, in violation of the agreements made between the Agency and the institutions undertaking the transportation.
The Agency cannot be held responsible for all kinds of delays, breakdowns, fog-storms and all kinds of weather conditions, road obstacles, changes in road routes and routes, etc. The Agency cannot be held responsible for material and moral damages caused by all unforeseen technical defects.
4.9.Pension features, hotel concepts, star qualifications vary from facility to facility and from country to country. In Turkey, hotel stars are determined by the Ministry of Culture and Tourism. For reservations made in Turkey, the stars reported by the Agency indicate the stars reported by the hotels themselves and the Agency has no responsibility in this regard.
4.10.The hotel rates in the Agency are determined based on the rates on the date of programming. This price includes all taxes. Apart from the accommodation type purchased by the customer, the cost of extra meals and drinks, personal expenses and services purchased outside the program will be paid by the customer.
4.11.The departure times in the transportation vehicles such as planes, buses, etc. specified in the tour program are set according to the official programs of the relevant organizations. The Agency is not responsible for the change of these hours, the departure time and the compulsory program changes made accordingly. In trips organized by airline, if the airline company increases the air tickets before the departure date,
The customer must pay this difference at the latest 2 business days before the departure of the tour, otherwise the cancellation conditions will apply. The Agency is not responsible for transportation that cannot be realized due to weather conditions, strikes, technical failures, etc. In destinations where airlines are organizing additional flights due to excess demand, the relevant airlines may change the schedule by shifting reservations to additional flights, in such cases, the Agency does not accept responsibility. The agency is an intermediary between the airline and the Customers, and the consumers accept and declare in advance that they have purchased the tours knowing and accepting the risk of time change. The agency will notify the Customer as soon as possible as soon as it is notified of such changes.
4.12.Airport taxes and special municipal taxes in the cities where accommodation is made are not included in the prices. In private non-scheduled Charter flights, whether the aircraft is rented by the Agency or by another company or another airline company as an intermediary, all arrangements regarding the flights are made within the framework of the Warsaw Convention and the relevant international rules. These flights are subject to all kinds of time changes, departure times are not guaranteed, the carrier may, if necessary, change the stopover places shown on the ticket or may not make any stopovers, and no responsibility is taken for flight connections. The Carrier undertakes to make every effort to transport passengers and baggage.
4.13. For trips made by airplane, the excess baggage fee above the per person baggage allowance applied by the airlines belongs to the passenger and this fee is determined according to the principles of the airline company. The Agency is not responsible for items forgotten in vehicles or in accommodation centers. Again, in case the baggage arrives late, damaged or lost in the trips made by plane, the responsibility lies with the airlines and the Agency does not accept any responsibility.
4.14. For trips by bus, the Agency reserves the right to change the vehicle type and model, and Customers must be ready at the departure point 30 minutes before the departure time. In the event that there is not sufficient majority on the buses for the trip, the Agency may, in order to ensure the transportation of the Customers
Ticketing is made from the scheduled flights of D2-B2 authorized bus companies engaged in intercity transportation and in case the buses do not go to the hotel, the transportation of the Customer between the bus station and the hotel is carried out by the Agency. Necessary breaks are given at resting facilities on the road route. Rest stops may vary depending on weather, road and general conditions.
4.15.In package tours, the nights of accommodation will be taken as basis according to the total number of days. Delays of transportation vehicles due to force majeure or delays of the airline company are not under the responsibility of the Agency.
4.16.Visa and passport procedures belong to the Customer. However, if all necessary documents and visa service fee are delivered to the Agency 2 months before the start of the trip, visa procedures can be followed for a fee. The delivered passport must be valid for 6 months from the end date of the tour. Regarding the passport delivered, since visa procedures are entirely at the discretion of the consulates, the Agency is not responsible for not obtaining a visa or not being able to get the visa in time for the tour date. The Agency is not responsible for delays and disruptions at the consulates. If the tour is canceled for any reason whatsoever, the balance, excluding visa fees, costs and visa service expenses, will not be paid to the Customers who are not allowed to enter the destination country for any reason or who are not allowed to leave Turkey even though their visas are complete, since obtaining a visa does not guarantee entry to that country, and the Agency will not be responsible for any damages arising from this situation.
4.17.The customer(s) who do not have a signature in the contract but receive the service subject to the contract are deemed to have accepted and undertaken all rights and obligations arising from this contract upon the reading and acceptance of this contract by the customer(s) they have authorized to register on their behalf. Nevertheless, in the event that the customer(s) who receive the service on the grounds that they do not have their signature in the contract are subject to lawsuits and proceedings against the Agency and due to the service they have received, and in the event that the Agency has to pay a price or compensation to the customer other than the matters written in this contract, the Agency reserves the right of recourse for the excess amount paid to the customer(s) whose signature is on the contract. Customers participating in this trip have learned the terms of this contract, which will be valid between the parties even if they have not signed it, through catalogs and advertisements, and have undertaken to participate in the trip under the terms of this contract.
4.18. Customers are required to have their passports, valid visas and identity cards with them for overseas stays and identity cards for Cyprus tours. In the event that the exit is prevented due to any lack of treatment related to the passport or for personal reasons arising from the customer himself (lack of visa or any government agency or personnel not allowing the exit, etc.), the Agency shall not be liable for any liability, the customer is obliged to bear the consequences of cancellation and delay that may arise for this reason.
4.19. After the performance of the service, if the bank or financial institution does not pay the service fee to the Agency due to the unfair or unlawful use of the credit card of the Customer by unauthorized persons in a way not caused by the fault of the Agency, the Customer agrees and undertakes to make the relevant payment to the Agency immediately as well as being responsible for the service fee and the damages arising.
4.20. In the event that the service subject to the contract cannot be provided by the Agency for a justifiable reason, the Agency may supply goods or services of equal quality and price to the Customer before the expiration of the performance obligation arising from the contract. The Customer has prior consent in this regard.
4.21.The scope of the coverage for incomplete or defective performance, damage, loss and loss of the Customers who purchase travel insurance service or whose travel insurance is included in the travel package is determined by the policy of the insurance company providing this service. In the event that the Customer leaves the tour that he/she has started on the grounds that the service is defective, he/she must notify the Agency official and the hotel where he/she is staying in writing with the reasons for leaving the tour. Otherwise, the Customer shall be deemed to have received and used the service. If the Customer uses the service to the end even though he/she has complained, he/she will be entitled to substitute services and refunds for the issues he/she has complained about.
eliminates compensation rights. If a package tour service is purchased, incomplete or non-existent delivery of the package tour is covered by the insurance. The coverage is up to the package tour price. Compulsory travel insurance is made by us to all customers in package tours, and in services other than Package Tours, the Customer can insure all kinds of accidental damages and treatment costs before the accommodation service starts.
5. CANCELLATION-CANCELLATION CHANGES
5.1.In the event that the Customer does not notify in writing within 24 hours that he/she has missed the start of the service purchased and will accept the performance later, the Agency has the right to cancel all reservations made on behalf of the Customer after 24 hours. No refund shall be made to the Client in such cancellations.
5.2. If this reservation is within the scope of campaign/early sale, under no circumstances can the reservation be canceled or changed. cannot be made.
5.3. When the customer requests cancellation or withdrawal up to 15 days before the start of the service, the full amount paid will be refunded to him. However, if a visa is obtained for overseas travel, the visa fee is not refundable.
5.4. If the customer cancels the contract 15-7 days before the start of the service, he/she agrees and undertakes to pay 35% of the trip price, and if less than 7 days before the start of the service, he/she agrees and undertakes to pay the agency as a withdrawal compensation. Date changes made by the customer shall be deemed as cancellation.
5.5. In case of cancellation/transfer of the discounted service, the Customer agrees and undertakes to pay 350% of the service fee until exactly 7 days before the start of the service and the full service fee less than 7 days before the start of the service.
5.6. Due to the fact that the relevant hotels and airline companies' own cancellation conditions are valid in the cancellation of the reservations made, payment may be requested from the Customer in accordance with the terms of that ticket / airline company or hotel, without any reason from the Agency or without any request from the Agency to the Customer.
5.7. In the event that it is not possible for the Customer to continue with the tour, hotel, etc. program purchased, the Customer may transfer his/her reservation to a third party who will fulfill all conditions applicable to the tour, hotel, etc. by notifying the Agency of his/her intention at least 7 days before the departure date. In this case, the transferor and transferee of the hotel, tour, etc. are jointly and severally liable to the Agency for the payment of the balance amount and all additional expenses arising from the transfer. The visa fees of the customers whose visa procedures have been completed in relation to the transferred hotel, tour, etc. will not be refunded. The visa responsibilities of the customers who take over the hotel, tour, etc. will be their own.
5.8. The agency, provided that it notifies the customer when it deems necessary, announces or registers the tours
may cancel partially or completely before the start of the service. During the same period or during the service, the supplier may change the names of the hotels within the scope of the service, the means of transportation and their departure points, the order of visiting the places specified in the program and shown as places to visit. If the Customer does not accept these changes and cancellations for justified reasons, he/she has the right to cancel the reservation and receive a refund of the unconsumed service fees. In this case, the Customer shall not be entitled to compensation.
5.9.The reservation can be canceled without interruption if the customer documents the illnesses and deaths of himself/herself or his/her first-degree relatives that prevent him/her or his/her first-degree relatives from his/her 10-day habitual occupation with an official report from a full-fledged state hospital. In cases that cannot be documented with a report or incomplete documentation, the Customer will not be able to make any claims. All deductions and other payments received are the demands of the hotels or tour operators and have nothing to do with the Agency.
5.10. In case of room type changes, customer addition and customer removal requests, the campaign and payment terms of the reservation are updated according to the conditions of the day the change is made. For reservations with two or more people, in case of a name change of one person, the campaign and payment terms of the reservation will be updated according to the conditions of the day on which the change is made. For single accommodation, a name change is considered as a cancellation.
5.11. In cases of change, cancellation, etc. made by the intermediary company, the Agency
accepts no responsibility.
6.RIGHT OF WITHDRAWAL
The customer has the right of withdrawal within (7) days from the validity of this contract for the performance of the service subject to the contract to him or the person he has indicated. In order to exercise the right of withdrawal, it is obligatory to notify the Agency in writing by fax or e-mail within this period. In case this right is exercised, it is obligatory to submit the invoice of the service provided to the Customer or a third party and the original tour registration forms to the Agency. Service fee within 7 days following the receipt of these documents
It is returned to the Customer. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.
This agreement shall enter into force upon the Customer's signature to purchase the aforementioned services and it is agreed by the parties that the effective date shall be the date of signature. If the Customer signs this contract, the Customer shall be deemed to have read and accepted all terms of the contract. This contract ends in the event that the service is received and consumed by the customer or is subject to cancellation in any way.
RESPONSIBILITIES OF THE AGENCY;
The agency is responsible for any changes in the tour program purchased by the customer after the start of the trip. The agency may compensate the customer for the obvious changes that are to the detriment of the customer during or after the trip in the form of a refund of the price or service to the customer, as well as additional services not included in the price and provided to the customer during the trip. The fact that additional or substitute services have been purchased, used or consumed by the customer eliminates the customer's rights to refund and compensation.
The customer accepts that he/she will provide the information and documents requested by the Agency within the scope of the package tour and in the annexes of the contract in full, accurate and complete and that he/she is responsible for the information and documents he/she provides.
8.NOTIFICATION, PROMOTION BROCHURE
The customer is obliged to notify the Agency within 30 days from the date the service should be or has been performed if the contract is not performed at all or as required. The promotional brochure and tour programs, which are an integral part of the contract, contain explanations about the tours. Changes made in the said tours are immediately notified to the Customer. Post-contractual changes are made with the agreement of the parties.
9. AUTHORIZED COURT
Istanbul Central Courts and Enforcement Directorates are authorized for the resolution of disputes arising from the implementation of this contract.
This contract consists of 10 articles and 4 pages
signed by the parties on .../..../.