SERVICE BOOKING / SALES AGREEMENT
I –PAYMENTS
A-100% of the booking price shall be paid at the registration. The booking made is cancelled in case of failure to make the specified payments within referred terms.
B-A consumer who has bought a discounted service is obliged to pay the service price on the date of booking.
II- CANCELLATION / ASSIGMENT
1-The agency may cancel or delay the tour due to insufficient number of registrations and/or adverse weather conditions, road blockage, strike, terrorist activities, fog, threat of war, unforeseeable technical problems and all force major which hinder commencement of or resuming to the tour despite due diligence has been shown. The consumer shall not have the right for indemnity in such case.
2-A- Should the consumer requests cancellation/abortion/modification before 15 days prior to the start of the tour, the balance shall be refunded to the Consumer after the credit card commission is offset from the tour price. The Consumer agrees and undertakes to pay 35% or all of the tour price to Kaya Turistik Tesisler Titreyengöl Otelcilik A.Ş. in case he cancels the booking 15-7 days or less than 7 days prior to the beginning of a tour respectively.
2-B-The consumer agrees and undertakes to pay all of the tour price in case he wishes to cancel, assign or modify the product with early booking discount which he has purchased during the discounted sales term due to the causes other than specified in article 3.
2-C- For cancellation or modification requests in flight included packages; the consumer is obliged to pay 35% or 100% of the package price for cancellations made before (for reasons other than a health report received from a state hospital) or after 10 days prior to the flight in any case, respectively. Change of name for any whatsoever reason after the agreement is entered by the consumer is considered as termination.
2-D-Submission of an official medical board report to be received from a general state hospital evidencing illness inhibiting regular engagement for 10 days or death of the consumer or his first degree relatives before commencement of service constitutes exception for cancellation/assignment articles.
3-The Consumer may assign the tour to any person he wishes until 7 days prior to the commencement of a service The assignee is responsible for costs arising from the balance and assignment together with the assignor. The Consumer is obliged to submit all cancellation/assignment requests to the agency in writing before commencement of the service .
4- Should the consumer fail to notify that he will join the service which he missed the start of; the Agency shall be entitled to cancel all bookings and services made in the name of Consumer after 24 hours . The Consumer is not refunded in such cases.
5- The consumer shall be liable for the service price and losses to arise from failure of relevant bank or finance organization to pay the price of the transaction made with Consumer's credit card after execution of the agreement due to a reason other than negligence of the agency.
III- GENERAL PROVISIONS
1- Any responsibilities regarding luggage and contents are at the owner. The consumer is obliged to comply with laws and regulations which facilities he travels and lodges are subject to. The AGENCY is liable for the luggage lost, stolen or damaged during transportation and accommodation only as the travel price of the tour.
2-The Travel Agency is responsible for alterations that occur due to reasons other than actions of third parties of the consumer and force major taking place after commencement of the tour within the tour program purchased by the consumer and that clearly damage the consumer. The travel agency compensates this responsibility of his by providing additional or substitute services during or after the tour as per the provisions of TÜRSAB KÜTAHYA CHART or making an appropriate discount in the service price satisfying the loss.
3-Should the Consumer left the tour he has begun due to defective service, he is obliged to immediately notify the official of Travel Agency and the hotel he is staying in that he has left the tour in writing explaining the reasons for it. The Consumer to inform the official of points he complains for during execution of the service in writing is his debt of goof will. Otherwise, the consumer is not considered that he has left the tour and deemed to have purchased and used the service.
4- Notifications on possible tour cancellations and alterations may be made to each consumer severally as well such may be announced at the web site. In such case, the obligation of notification is deemed to b e fulfilled.
5- Consumers that are not undersigned, but joined the tour subject to the agreement are deemed to agree and undertake provisions hereof by the person they have assigned to register on their behalf. Despite the foregoing, should the not undersigned consumers refrain to fulfil their payment and similar obligations for the reason that they have not signed the agreement in person, consumers signing the agreement on their behalf agree that the latter have the full responsibility concerning fulfilment of the agreement on behalf of the former. Legal obligations are deemed to be fulfilled when a copy of this agreement is drawn up on behalf of persons to attend the tour subject hereto and submission of a written copy of it to the consumer appointed to enter the agreement .
6- The Travel Agency is in the position of a mediator before any hotels, transportation companies and any other third party real and legal entities that provide other services concerning the tour to the consumers attending the tour. Therefore, consumers registered to the tour by applying to the Travel Agency hereby acknowledge that Travel Agency is not liable for absence of vehicles at the set off location on the times specified in the schedules, any delays, breakdowns of land, air and sea vehicles, any weather conditions like fog, storm, blizzard, reasons such as road blockage, alterations in travel plans and routes, strike, terrorism, war, threat of war or similar force major, any troubles caused by faults of the transport vehicle operators or personal failure of third parties or unforeseeable technical problems, accidents with pecuniary loss and intangible damages, incomplete or faulty services of accommodation facilities in violation of agreements entered between the Travel Agency and enterprises assuming transportation since the Travel Agency does not act in the capacity of an operator.
7- It is compulsory to be at the rendezvous point 30 minutes before set off for bus travels and 2 hours before take off for flights No seat number is allocated for transportation vehicles at the booking.
8- All services included in the price are individually specified in the tour schedule. Tours or service other than specified are subject to extra pricing. Extra tour prices and contents are specified and offered by local travel agencies based in provinces and countries visited to. These tours would be only organized if necessary attendance is provided and no indemnification shall be claimed from the agency due to failure to organize such tours.
9- Tour dates and durations are specified according to the tour schedule. Start and finish dates defines the number of tour days regardless of the times; a tour brochure is available and given at booking. In case of any dispute, records and minutes of the Agency shall be considered as evidence.
10- As per Article 12 of Law 1618; incomplete or no provision of the package tour purchased is secured by insurance. The security deposit is equal to the tour price.
11- The consumer agrees and undertakes and declares that he has read the tour agreement issued on the electronic environment and offered to the consumer when the consumer placed a purchase order and the voucher, understood and agreed the deeds, all legal liability against other persons who will attend the tour and whom he placed a purchase order on their behalf is assumed by him.
12- In case of any disputes, the indemnification to be paid by the Agency due to partial or full breach of the Agreement shall calculated as per article of TURSAB KÜTAHYA CHART.
13- In case of any disputes arising herefrom or concerning construal hereof, Istanbul Consumer Courts and Arbitration Courts shall have the jurisdiction.
14-Hereby agreement is issued, negotiated and signed through reading all articles hereof by free deliberate will of the parties hereto.