Distance Selling Agreement

The subject of this contract is the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product/service specified below in the reservation transactions made by the BUYER electronically on the website of the SELLER OR PROVIDER or through the call center. determination of obligations.

  BUYER, SELLER OR PROVIDER's name, title, full address, telephone and other access information, basic characteristics of the product subject to sale, sales price including taxes, payment method, etc. All preliminary information about the product/service subject to sale, the exercise of the right of withdrawal and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He/she accepts and declares in accordance with the provisions of this contract that he/she has been informed in advance by the SELLER OR PROVIDER in a clear, understandable manner and in accordance with the internet environment, confirmed this preliminary information electronically and/or by telephone or e-mail, and then approved the reservation and contract.

SELLER OR PROVIDER INFORMATION Title: TURTALYA SEYAHAT İŞT. TUR.TİC. LTD.ŞTİ (Named as AGENCY in the contract.) Its address and official contact information are clearly stated on the letterhead.

ARTICLE-2 GENERAL PROVISIONS

2.1 BUYER declares that he/she has read and is informed about the qualifications of the product and service subject to the contract, the sales price and payment method, and all preliminary information regarding the price, and that he/she has given the necessary confirmation electronically and in the call center system. The full reservation fee is paid at the time of registration. If the full price is not paid, no reservation will be made. However, if a reservation is made despite having an incomplete balance for any reason, the Consumer is responsible for the entire reservation fee from the date of registration. In case of incomplete payment of the reservation fee, the AGENCY will cancel the reservation and claim all damages arising from the cancellation from the Consumer. The consumer made the purchase knowing this situation.

  2.2 SELLER OR PROVIDER is responsible for the defectiveness of the service subject to the contract.

2.3 If the service subject to the contract is used by a person other than the BUYER, the SELLER OR PROVIDER is not responsible for the person in question not accepting the performance.

2.4 For the performance of the service subject to the contract, the signed copy of this contract must be delivered to the SELLER OR PROVIDER and the price must be paid by the preferred payment method. The BUYER, who does not sign and send back the contract despite the SELLER and/or PROVIDER sending the contract in accordance with the relevant regulation and this contract, cannot claim that the contract is not binding on him on the grounds that he did not sign and send the contract, he has all the responsibility and is obliged to pay the contract price in full. It is sufficient that the contract has been sent by the SELLER/PROVIDER to the e-mail address reported by the BUYER, and the BUYER cannot claim that the contract was not sent to him or that he did not read the contract.

2.5 If the relevant bank or financial institution does not pay the service fee to the SELLER OR PROVIDER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons after the performance of the service, the BUYER is responsible for any damages incurred.

 

ARTICLE-3 SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

AGENCY is an intermediary between the service provider and the BUYER. SERVICE PROVIDER Due to the nature of the service sold by the tour operator, the BUYER has no right of withdrawal in accordance with the Regulation in distance sales made within the scope of this contract. All costs are collected from the BUYER. BUYER accepts this and purchases the service. Accommodation purchased during early booking, special periods (New Year's Eve, semester, holiday, etc.) and promotional periods cannot be canceled. However, if the BUYER has purchased the Early Booking Cancellation Assurance Package, which is suitable for domestic and Cyprus accommodation within the scope of the Early Booking Period and Summer Opportunities, the transaction can be carried out under the conditions specified in Article 10. BUYER has purchased the service by knowing and accepting this. Early Booking Cancellation Assurance Package cannot be offered to the guest for reservations made at prices marked "cancellable". For reservations containing this statement, reservation cancellation, change and refund cannot be made. If transportation (flight, bus, transfer, etc.) is purchased in addition to accommodation, transportation fees are non-refundable.

ARTICLE-4 INFORMATION

In accordance with Article 6 of the Regulation, the BUYER shall be informed of the date, price, product, concept, etc. of the service he/she selected during the purchase phase in the reservations made via the relevant website and Call Center. It is the responsibility of the customer to check and digitally approve the information form containing all information after the sales transaction. SELLER is not responsible for failure to carry out relevant checks and failure to provide digital confirmation. Records of approvals are kept electronically.

ARTICLE 5 CANCELLATION - ABANDONMENT - CHANGES

SELLER OR PROVIDER may cancel the contract in cases of force majeure or situations arising from service providers, hotels to be accommodated or third parties that prevent the start or continuation of the service, despite having taken all necessary care. This situation must be reported to the BUYER as soon as possible. In this case, the BUYER has no right to compensation. In these cases, the SELLER OR PROVIDER is obliged to refund to the BUYER the price he/she can receive from the person or organization from whom he/she purchased the service or mediated. He cannot be held responsible for the refund of the money he did not receive.

5-1- The BUYER is obliged to notify in writing any reservation cancellation, change and person addition/removal requests.

5-2- The travel agency may cancel the trip 3 days before the departure date due to lack of accurate registration for the required number of passengers or force majeure; in this case, the consumer has no right to compensation.

5-3- If the consumer requests cancellation or change up to 30 days before the start of the trip, the full fee will be refunded in accordance with the package tour regulations.

5-4 If the Consumer requests cancellation or change of his/her reservation 30-16 days before the start of the trip for a reason other than the fact that he or his first-degree relatives document the illnesses and deaths that prevent him/her from normal activities for 10 days with an official report obtained from a full-fledged state hospital, the price of the trip will be refunded. He agrees and undertakes to pay 10% of the trip fee to the AGENCY, 25% if he requests cancellation or change 15-7 days in advance, and the whole amount if less than 7 days before. There is no right of cancellation, refund or change for reservations made 7 nights or less before the start of the service.

5-5 If the Consumer wishes to cancel the Early Booking Discounted Product purchased during the discounted sales period and for which a cancellation assurance package has not been received, for any reason, the Consumer agrees and undertakes to pay the entire trip fee to the AGENCY.

5-6 Consumer; If, for any reason, he/she wishes to change the date of the discounted early booking product purchased during the discounted sales period, he/she accepts that the reservation change will be made without a discount at the list prices valid on the date of the request.

5-7 If the consumer does not notify in writing that he will participate in the trip that he missed the start of, the travel agency has the right to cancel all reservations made on behalf of the consumer after 24 hours. In such cancellations, no refund will be made to the consumer.

5-8 Force majeure: If adverse weather conditions, road obstacles, strikes, terrorism, war, possibility of war, unforeseen technical issues prevent the start or continuation of the trip, it is accepted as force majeure by the parties. Certification by the State authorities of illnesses and/or deaths of the passenger or his/her first-degree relatives that prevent him/her from normal activities for 10 days is also a force majeure.

5-9 If deemed necessary, the travel agency may partially or completely cancel the tours it has announced or registered for, up to 3 days before the start of the trip. Within the same period, the names of the hotels within the scope of the trip, the means of transportation and their departure locations, and the order of visits of the places specified in the program and shown as places to visit may be changed. If the consumer does not accept these changes and cancellations, he has the right to cancel his reservation and receive a full refund of the fee he paid. In this case, the consumer has no right to compensation.

 

ARTICLE 6 MUTUAL RIGHTS AND OBLIGATIONS

6.1 SELLER OR PROVIDER is obliged to notify the BUYER of possible cancellation notices in writing as soon as possible.

6.2 The provisions of this contract concluded between the SELLER OR PROVIDER and the BUYER during registration have been read by the BUYER and approved by requesting and accepting that registrations be made under the same conditions on behalf of other persons who receive the same service along with him. BUYER / BUYERS are jointly and severally responsible for the payment of the contract price. The BUYER has approved this contract, knowing that he is a party to this contract on behalf of the participants specified in the Voucher, that he represents and binds them, and that he is obliged and responsible to inform the participant of the preliminary information contents provided to him within the scope of the relevant legal legislation. The BUYER who does not fulfill his obligation to provide information is responsible for all damages resulting from this. In this regard, the information given to the BUYER is deemed to have been given to the participant.

6.3 If the BUYER does not accept the performance on the grounds that the service he has purchased is defective, he is obliged to immediately notify the SELLER OR PROVIDER and the accommodation facility in writing, together with documents proving the defect. Otherwise, the BUYER is deemed to have accepted the performance and used the service. There is no refund. The entire fee is collected from him. 

It is the duty of care of the well-intentioned BUYER to notify the authorized person in writing about the issues the BUYER is complaining about during the performance of the service.

6.4 Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under the contract or to fulfill them on time, force majeure (Natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). If force majeure prevents the contract from being realized, the party in whose name the contract is made shall notify the other party immediately and in writing. If the BUYER requests termination of the contract due to force majeure, the SELLER OR PROVIDER will make every effort to refund the price. If the BUYER requests cancellation in the presence of force majeure, the SELLER OR PROVIDER is obliged to refund to the BUYER the price he/she can receive from the person or organization from whom the service was purchased or mediated. He cannot be held responsible for the refund of the money he did not receive.

6.5 The seller or provider must fulfill its obligation within the time period it undertakes. If the seller or provider does not fulfill this obligation, the consumer may terminate the contract. In case of termination of the contract, the seller or provider must repay all collected payments to the consumer within fourteen days from the date of termination notice, together with the legal interest determined in accordance with Article 1 of the Law No. 3095 on Legal Interest and Default Interest dated 4.12.1984 and pay the consumer, if any. He must return all negotiable instruments and similar documents that put him in debt. In cases where it becomes impossible for the SELLER/PROVIDER to fulfill the obligation undertaken by this contract, the seller or provider must notify the consumer in writing or via a permanent data recorder within three days from the date of learning of this situation and return all collected payments within fourteen days at the latest from the date of notification. It is mandatory.

6.6 Before the contract is concluded, it is mandatory to obtain the explicit consent of the consumer in order to request any additional fee other than the agreed upon basic price arising from the contractual obligation.

6.7. Turkish citizens to the Turkish Republic of Northern Cyprus. They can enter with their identity card. Since there are problems in entering Greece later if you enter with a passport, T.R. It is recommended to log in with your ID card.

ARTICLE 7 CONFIDENTIALITY

The information specified in this contract by the BUYER and the information provided to the SELLER OR PROVIDER for the purpose of payment will not be shared with third parties by the SELLER OR PROVIDER. SELLER OR PROVIDER may disclose this information only within the scope of administrative/legal obligation. Credit card information is never stored, credit card information is only used to obtain authorization by being transmitted securely to the relevant banks during the collection process and is deleted from the system after the provision. The necessary clarification and information within the scope of the Personal Data Protection Law has been provided to the BUYER, and the necessary measures within the scope of KVKK have been taken by the SELLER/PROVIDER in accordance with the legislation.

 

ARTICLE-8 INFORMATION REGARDING PAYMENTS MADE BY BANK CARD

  a) The SELLER OR PROVIDER who is a party to the contract does not make installment sales within its own structure.

b) The prices given to the BUYER are cash prices and all installments are made by the SELLER OR PROVIDER without any interest on the credit cards obtained from various banks upon the BUYER's request. All transactions regarding sales made by credit card are carried out between the BUYER, the owner of the card, and the bank to which the card is linked, and the SELLER OR PROVIDER has no right or responsibility to intervene in these transactions. There may be exchange rate differences in the exchange rates applicable to sales made in foreign currencies, in cash payments, single withdrawals or installment withdrawals, within the scope of the agreements on the relevant bank cards. All transactions regarding sales made by credit card are carried out between the Participant, the owner of the card, and the bank to which the card is linked, and the AGENCY has no right or responsibility to intervene in these transactions.

c) BUYER who purchases services by credit card is entitled to early payment, installment reduction, etc. They must notify their requests to the bank to which the card belongs and make them to the payment branches determined by the bank. 

d) If the BUYER cancels the service they purchased in installments with a credit card for any reason, the SELLER OR PROVIDER will refund the amount received from the credit card to the BUYER's credit card. SELLER OR PROVIDER's liability is limited to this. All subsequent transactions are carried out between the bank and the BUYER, the SELLER OR PROVIDER has no right or responsibility to intervene. Bank rules also apply to refunds for payments made in installments, and if the payments made in installments are returned to the card in installments, the SELLER OR PROVIDER has no liability or possibility of intervention. This situation needs to be resolved between the bank and the credit card holder.

e) For purchases made by credit card, the campaign of the relevant bank at that time and the related cancellation and refund conditions are valid.

f) Legal refund processes will be followed in case of refunds that may arise regarding the relevant service.

 

ARTICLE 9 COMPETENT COURT

  All Consumer Courts of the Republic of Turkey, Consumer Arbitration Committees and other organizations authorized by law are authorized to resolve all disputes arising from this agreement. BUYERS may submit their complaints and objections to the Arbitration Committee for Consumer Problems or the Consumer Court in the place where the BUYER purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry in December every year.

ARTICLE-10 CANCELLATION ASSURANCE PACKAGE INFORMATION

  Early Booking Cancellation Assurance Package; For Early Booking products, it is valid for reservations made for a minimum of 3 and a maximum of 30 nights, with a total value of less than 30,000 TL, excluding transportation costs.

10.1- Consumers who purchase the Early Reservation Cancellation Assurance Package can cancel their reservations unconditionally and without any deduction until 72 hours before the day of entry to the facility.

10.2- Early Booking Cancellation Assurance Package does not cover date or name changes requested on the same product. In case of change requests, the existing product is canceled within the scope of the Early Booking Cancellation Assurance Package, and a new reservation is opened for the requested new date, product or names, based on the current conditions.

10.3 Early Booking Cancellation Assurance Package is made within 3 days from the date of reservation for a fee. Early Booking Cancellation Assurance Package cannot be purchased for Day 4 and later.

10.4 The Early Booking Cancellation Assurance Package amount collected for refunds in response to a cancellation request cannot be refunded or the Early Booking Cancellation Assurance Package sold cannot be cancelled.

10. 5-All airline ticket reservations (including promotion and eco class) made with Hotel/Tour accommodation are outside the scope of the Early Booking Cancellation Assurance Package and the cancellation conditions and practices of the relevant airline company are valid. In the Early Booking Cancellation Assurance Package pricing, the Early Booking Cancellation Assurance Package fee is charged based on the accommodation and/or other services amount, excluding the flight and/or bus transportation amount. Airline/bus transportation costs are excluded in the Early Booking Cancellation Assurance Package application.

ARTICLE 11 GENERAL PROVISIONS

11-1- The consumer participating in the tour must carry 2 suitcases, not larger than 50cm You have the right to take and bring luggage. All responsibility for the suitcases and the items inside belong to their owners.

11-2- Items that smell, leak, are flammable or explosive or that cause discomfort to the environment, cutting, piercing and firearms and all kinds of animals are not allowed into vehicles and accommodation facilities without the express and written permission of the Travel Agency. Having an ID or license does not change the situation.

11-3- In case of loss or damage to the consumer's luggage or belongings, if it is caused by the GROSS FAULT of the Travel Agency personnel, transportation will be included in the total cost of the trip, regardless of the material and moral value and other qualifications and characteristics of the lost or damaged luggage or belongings or the belongings contained therein. 1/2 of the corresponding part is paid to the consumer by the Travel Agency as material and moral compensation for the lost goods and luggage. The Travel Agency is responsible for any loss, damage or theft of the goods delivered to the consumer by declaring their value in writing, up to a maximum of the transportation cost of the trip.

11-4- VISA PROCEDURES and SERVICES are not included in the service purchased. The travel agency has no commitment to obtain a visa. It is the guest's responsibility to meet the visa and passport requirements of the relevant country to be traveled to.

11-5- Notifications of possible tour cancellations by the Travel Agency can be made individually to each consumer, or can be made generally through advertisements in the Turkish edition of 2 high-circulation newspapers.

11-6-The Travel Agency is responsible for any changes that occur in the tour program purchased by the consumer after the start of the trip. The Travel Agency may compensate the consumer in the form of a fee or service refund, in accordance with the provisions of the TÜRSAB ANTALYA SCHEDULE, during or after the trip, for changes that are obvious to the consumer's detriment or harm, and may also compensate with additional services provided to the consumer during the trip that are not included in the price. . The purchase, use or consumption of additional or substitute services by the consumer eliminates the consumer's rights to refund and compensation.

11-7- If the consumer abandons the tour he started or the accommodation service is defective, he must notify the Travel Agency official and the hotel he stayed in in writing that he has abandoned the tour, along with the reasons. Otherwise, the consumer is not considered to have abandoned the tour and is deemed to have received and used the service.

11-8- If the consumer uses the tour program he purchased to the fullest even though he complains, it eliminates his rights to compensation such as substitute service and refund regarding the issues he complains about.

11-9- The provisions of this contract concluded between the Travel Agency and the consumer during registration have been read by the consumer, and he has signed it by requesting and accepting that the registrations be made under the same conditions on behalf of other persons whom he has declared will participate in the same trip with him.

11-10- Consumer(s) who do not have a signature on the contract but participate in the trip subject to the contract, lawsuits and proceedings against the Travel Agency of the consumer(s) they have assigned to register on their behalf and related to the trip they have participated in, and the Travel Agency's action against the consumer other than the matters written in this contract. In case it has to pay a fee or compensation, the Travel Agency has the right of recourse for the excess amount paid to the consumer(s) who signed the contract. Consumers participating in this trip have learned about the terms of this contract, which will be valid between the parties, through the catalogs and advertisements, even if they have not signed it, and they have agreed to participate in the trip under the terms of this contract.

11-11- The Travel Agency acts as an intermediary between consumers participating in the trip, hotels, carrier companies and all kinds of third parties and legal entities that provide other travel-related services. 

For this reason, consumers who register for a trip by applying to them, contrary to the agreements made between the Travel Agency and the institutions undertaking the transportation; Due to reasons such as vehicles not being at the departure point at the hours shown in their schedules, all kinds of delays and malfunctions of land, air and sea vehicles, fog, storm, blizzard and all kinds of weather conditions, road obstacles, changes in road routes and routes, strike, terrorism, war, possibility of war. or similar force majeure circumstances, all kinds of disruptions caused by the user's own fault of the transportation vehicle or the personal faults of third parties or unforeseen technical issues, accidents with material or moral damage, incomplete or faulty services of accommodation facilities, 1st degree due to the fact that the Travel Agency does not have the title of operator. The parties know that he is not responsible and that he is not directly responsible like the main perpetrator. For this reason, the Travel Agency will not be liable to the consumer as the main perpetrator and will be jointly indebted. In such cases of disruption and accident, the consumer will first demand and collect his material and moral demands from the main perpetrators, and in cases where he cannot fully receive his receivable from the main perpetrator, he will be able to apply to the Travel Agency due to the principle of strict liability. The Travel Agency will be liable to its customer for the amount not collected from the main perpetrators.

11-12- For matters not written in this contract, 1618 SY., 4077 SY., 4288SY., 2634 SY., IATA, IHA, UFTAA Convention provisions, Civil aviation law, BK., TTK., International agreements including Turkey. and the provisions of the Statutes, Regulations, circulars and communiqués issued accordingly, and the internationally accepted Frankfurter Tabelle's TÜRSAB Kütahya Schedule, which is applicable in Turkey, will be applied.

This voucher and package tour contract, which was drawn up in two copies between the parties, has been prepared, read, checked and accepted by the party officials, front and back, with all its annexes. The parties have accepted and confirmed their mutual acceptance, commitments and actions by signing together. He also accepts and undertakes that he bears all legal responsibility towards the persons who will participate in the trip and who has signed this voucher and contract as proxy on behalf of the customers whose names are written in this contract.

SERVICE DEFECT COMPLAINTS: TÜRSAB ARBITRATION BOARD is authorized in case of Defective or Defective service.

BUYER has the right to object or withdraw within 24 hours after the relevant distance sales contract is declared to him in digital or material media. The provisions of the distance sales contract that are not objected to within 24 hours are deemed to have been accepted by the BUYER.

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