GENERAL PRINCIPLES FOR CONDITIONS AND TERMS OF SALES
As per Consumer (Customer) Protection Law No. 6502 and Regulation dated 01.14.2015 on Package Tour Contracts, the Customer has been informed fully as indicated in the Company website before the Contract being drawn; consequently, Contract has been signed as per below conditions.
1.1 TRAVEL AGENCY (hereinafter referred to as the AGENCY):
– COMPANY NAME: UYSEL TURİZM İNŞ., GIDA, TEKS., SAN.VE TİC.LTD.ŞTİ.
– TRAVEL AGENCY TITLE: GEZENTHI TRAVEL AGENCY A-7907
– ADDRESS: ŞAİR EŞREF BULVARI NO:57 D.2 ALSANCAK/İZMİR/TURKEY
– CONTACT INFO: (PHONE-fax-email) +90 232 279 1779 / +90 535 983 7995 / [email protected]
1.2. SERVICES: Tours, hotel bookings, transfers, guide services, etc.
1.3. INTERMEDIARY, GROUP LEADER & CUSTOMER
1.3.a. INTERMEDIARY: a Third-party who acts on behalf of third parties to purchase the services.
1.3.b. GROUP LEADER: a Real person who acts on behalf of third parties to purchase the services.
1.3.c. CUSTOMER: a Real person who purchases the services directly.
As per Consumer (Customer) Protection Law No. 6502 and Regulation dated 01.14.2015 on Package Tour Contracts, terms and conditions of this Contract is valid for the Intermediary and Customer, real or corporate, who purchase the services.
Intermediary/Group Leader is responsible to inform the customers of all the terms and conditions of this agreement as well as the details of the services.
1.4. Intermediary/Group Leader is responsible for providing the Travel Agency the correct information with regards to the customer identification and communication details as well as the correct recording of this information in the Contract. Travel Agency is not responsible for any penalties that may occur due to the incorrect information provided by the Intermediary/Group Leader and consequently recorded in the Contract. (eg. Airline penalties, etc.)
1.5. Intermediary/Group Leader agrees, declares and undertakes that customer and himself will be reached via the communication details indicated.
The subject of this contract comprises the rights and responsibilities of the related parties as per, with regards to the sale of services indicated in a relevant website that explained the sale of services details and prices as well as the execution details of services by the Travel Agent.
3- TOUR SPECIFICATION
Services are based on the Turkish time zone and maybe for 1 day or more. If the services are for more than 1 day, beginning and end times are as indicated hereinbelow:
Details of services such as dates of stay, type, location and category (hotel, motel, holiday village, hostel, etc.) of the accommodation, meal plan (full board, half board, lunch or dinner included/excluded), timing and type of transportation (type of vehicle: bus, train, private car, shared car, economy, business, couchette; timing as per local time zone), tour guide, entrance fees, etc. All such details are declared on the services page of the Travel Agency website and Intermediary/Group Leader and the Customer accepts the details of services as indicated thereon.
3.3 Any changes made in the details/information indicated on the services page of the Travel Agency website after this Contract is signed by all parties, shall be made with the concurrence of all parties concerned.
4- CONTRACT PRICE
4.1. The price, Euro/USD………… + taxes, if applicable, is based on the details/information indicated on the services page of the Travel Agency website. Any services not included in the relevant services page are subject to an extra charge.
4.2. Any increase in the sale price caused by the change of taxes, legal fees, and exchange rates, etc. are reflected in the Intermediary/Group Leader and Customer.
4.3. Price change not exceeding the %5 of the contract amount is informed to the Intermediary/Group Leader and Customer 20 days prior to the planned departure date and is only applicable as per below conditions:
4.3.1. Price changes due to extraordinary change in the exchange rate
4.3.2. Price change due to an extraordinary increase in fuel cost
4.3.3. Price changes due to increases in the airport and harbor taxes, duties and similar legal fees.
5- METHOD OF PAYMENT PLAN
The payment is made online via Paytr.
6- SPECIAL REQUESTS ACCEPTED BY THE PARTIES
6.1. If Intermediary/Group Leader or any customer is late for departure, the Travel Agency will wait for 15 minutes. After this waiting period, they will be considered a no-show. They will have to join the group with their own means. No refund is possible.
7- GENERAL PROVISIONS
7.1. Intermediary/Group Leader or Customer(s) who bought the services buy travel insurance issued according to Travel Agencies Law No. 1618 with clauses covering the cases where the Travel Agency fails to fulfill its obligation or fails to fulfill the obligation to the level committed, including bankruptcy.
7.2. Travel Agency or Intermediary/Group Leader will inform the Customer(s) readily of any changes in conditions of the Contract and the effect of these changes on the price. Major changes in the Contract are as follows:
a) Major changes made in the content of the Contract before the start of the services due to reasons not attributable to the Customer(s)
b) All changes in the prices excluding the reasons indicated in article 4.3 of the Contract.
7.3. All communications are to be done directly with the Travel Agency based at Şair Eşref Bulvarı No:57 D.2 Alsancak/İzmir/ Turkey, Cell Phone No: +90 535 983 7995, Phone/Fax No: +90 232 279 1779, web: www.izmircityvision.com
7.4. Before the start of the services, Travel Agency, Intermediary/Group Leader advises the Customer(s) to have insurance for any costs due to illnesses or accidents, covering return services to home country and treatment. If the customer(s) purchase(s) this insurance via the Travel Agency and in case the services are canceled, information about the insurance is indicated herein.
7.5. Customer(s) is to inform the Travel Agent, Intermediary/Group Leader immediately and in writing, of any insufficient services. In case of failure on part of the Travel Agent, Intermediary/Group Leader to address the problem, the Customer has the right to ask for the reduction in the contract price in proportion with the insufficiency.
8- Force Majeure
8.1. Force majeure conditions in the local law are that despite all the necessary care has been shown and measures have been taken, non-start, discontinuation or termination of the services take place due to extraordinary and unforeseeable conditions and without any fault on part of the Travel Agency and Intermediary/Group Leader. These are:
a) Natural disasters such as earthquake, fire, volcanic eruption, flood, hurricane, tornado, fog, avalanche and lightning; epidemics, nuclear and chemical calamities and any such disasters not limited to the aforementioned as well as exceptional circumstances.
b) Exceptional circumstances preventing the international air, land and sea transportation, war or mobilization, public uprising, attacks or terrorist acts, sabotage, and riots, occupation and civil war, revolution, rebellion, forced confiscation, military coup or forced takeovers, civil unrest, industrial disputes, government sanctions, blockades, strikes, lockouts, port closures or incapacity and all such conditions not limited with the aforementioned, all exceptional situations or circumstances that may prevent employees from work.
8.2. In cases where force majeure is present, Travel Agency and Intermediary/Group Leader are not liable for any damages due to non-performance or incomplete service. Travel Agency and Intermediary/Group Leader is responsible to assist the Customer(s) immediately if the Customer(s) is in a difficult situation,
9- TRANSFER OF CONTRACT is not applicable.
10- WITHDRAWAL OF CONTRACT, CANCELLATION, AND TERMINATION OF CONTRACT TERMS
10.1. Should a very important element of the Contract be changed before the start of the services and that this change is not related with the Customer, the Customer may accept this change or may refuse it. In case of refusal, the Customer is to inform the Travel Agency or the Intermediary/Group Leader in written and use one of the below-indicated options:
a) take another service provided by the Travel Agency or Intermediary/Group Leader at the same or at a higher value without paying any extra amount.
b) take another service of a lower value on the condition that the price difference is refunded.
c) withdraw from the Contract without any cost.
10.2. In case of withdrawing from the Contract, the Travel Agency or Intermediary/Group Leader is to pay the Customer the full amount paid until then and without any deduction, within 14 days from the time the Customer’s written withdrawal is received.
10.3. If after the start of the services, a very important obligation cannot be fulfilled by the Travel Agency or Intermediary/Group Leader, the Customer is to be offered alternative solutions at no extra cost and in case of difference in value, the difference is refunded to the Customer. Customers may refuse the alternative solution and withdraw from the Contract. In this case, the Travel Agency or Intermediary/Group leader cannot ask for any of the remaining costs and all the payment done by the Customer until the time of withdrawal from the Contract is returned to the Customer within 14 days. However, the Travel Agency or Intermediary/Group Leader may request a fee in proportion with the services rendered until the withdrawal. In this case, the Travel Agency or Intermediary/Group Leader is to transfer the Customer to the starting point of the services and pay for any required accommodation.
10.4. The Customer has the right to unilaterally withdraw from the Contract by informing the Travel Agency or Intermediary/Group in written 30 days from the start of the services. In this case, all payment excluding the taxes, duties and similar legal fees is refunded to the Customer. However, should such notification be done in less than 30 days from the start of the services, the Travel Agency or the Intermediary/Group Leader has the right to determine the number of the days and deduction rates based on the conditions of independent service providers.
a)If the notification is done 29-21 days prior to the services start date: 75% refund of total amount, also excluding the taxes, duties and similar legal fees
b)If the notification is done 20-14 days prior to the services start date: 50% refund of total amount, also excluding the taxes, duties and similar legal fees.
c)If the notification is done 13-8 days prior to the services start date: 25% refund of the total amount, also excluding the taxes, duties and similar legal fees
d)If the notification is done 7-0 days prior to the services start date: No refund.
10.5. Legal force majeure conditions, serious accidents, illnesses which require hospital treatment, death of the Customer or first-degree relatives are force majeure reasons for the Customer. The Customer has to prove the existence of force majeure with valid documentation obtained from the official authorities, translated to the language of the Travel Agency and apostilled accordingly. In such cases, all refund requests should be made directly to the Customer’s travel insurance policy mentioned in article 7.4 of the Contract.
11- LIBERATION FROM LIABILITY
11.1. Travel Agency or Intermediary/Group Leader cannot be held responsible for losses if the Contract conditions cannot be executed or are only executed partially as per the below-indicated conditions:
a) Customer fault.
b) Unforeseeable and unavoidable acts of a third party who does not take part in the execution of the Contract.
c) Any of the force majeure conditions mentioned in article 8 of the Contract.
d) Despite all the care shown by the Travel Agency, Intermediary/Group Leader or independent service provider, an occurrence of an event that could not be expected and avoided.
11.2. In cases indicated in 11.1 (b), (c) and (d), if the Customer is in difficulty, Travel Agency or Intermediary/Group Leader or their representative are to immediately assist the Customer.
12- This Contract and all its addendums which are issued in two copies have been read, controlled and accepted by all concerned parties. The parties of the Contract have accepted and confirmed all the responsibilities and rights by signing the Contract.
13- TÜRSAB Kutahya Schedule shall prevail should the Travel Agency does not fulfill the Contract conditions partially or fully.
14- Customer(s) declare that this Contract and its addendums is read, accepted and signed accordingly and a full copy is provided. Based on Consumer (Customer) Protection Law No. 6502 and Regulation dated 01.14.2015 on Package Tour Contracts, the Customer(s) also agree(s), declare(s) and undertake(s) that all information about the specifications of services to provided, sale price and payment details and that the Contract contents are fully understood. Customer(s) declare(s) to have been informed about the optional insurance policy. The above declaration of the Customer(s) is still valid even if the reservation transactions are handled and signed by an Intermediary/Group Leader.
Prior to the signing of this Contract, relevant information about the following has been provided to me in writing:
a) Travel Agency and Intermediary/Group Leader name, address and contact information.
b) The time and place of meeting points and type of the vehicle to be used by the Customer.
c) An optional insurance policy covering the assistance costs including the withdrawal costs, cost of return to home country/city related to accidents or illnesses.
d) No other information will be provided to the Customer unless there is any substantial and relevant change is done in the terms and conditions page of the Travel Agency website.
I HAVE READ THE CONTRACT.
RECEIVED ONE COPY
Name and Last Name:
Gezenthi Travel Agency
Şair Eşref Bulvarı No:57 D.2 Alsancak/İzmir/Turkey
+90 232 279 17 79