DISTANCE SALES AGREEMENT
The subject of this contract is the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts in relation to the sale and delivery of the product/service, whose qualifications are stated below, in the reservation transactions made by the BUYER on the website of the SELLER OR SUPPLIER electronically or through the call center. determination of its obligations.
Name, title, full address, telephone and other access information of the BUYER, SELLER OR SUPPLIER, 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 and the use of the right of withdrawal and how to use this right, the official authorities to which they can submit their complaints and objections, etc. It accepts and declares that it has been informed beforehand by the SELLER OR PROVIDER in a clear, understandable manner and in accordance with the internet environment, that it has confirmed this preliminary information in electronic environment and / or by telephone or e-mail, and then approved the reservation and the contract, in accordance with the provisions of this contract.
Dm Tourism Organization Travel Consultancy Construction Food Trade Limited Company (Named as ACENTA in the contract.) Address and official contact information are clearly stated in the letterhead.
ARTICLE-2 GENERAL PROVISIONS
2.1 The BUYER declares that he has read and learned all the preliminary information about the contracted product, the quality of the service, the sales price and payment method and the price, and has given the necessary confirmation in the electronic environment and in the call center system. The full amount of the reservation is paid at the time of registration. If the full price is not paid, the reservation will not be made. However, if a reservation is made despite a missing balance for any reason, the Consumer is responsible for the entire reservation cost as of the registration date. In case of incomplete payment of the reservation price, the AGENCY cancels the reservation and demands all damages caused by the cancellation from the Consumer. The consumer has made the purchase knowing this situation.
2.2 The SELLER OR THE PROVIDER is responsible for the defective service subject to the contract.
2.3 In the event that the contracted service is used by a person other than the BUYER, the SELLER OR PROVIDER is not responsible for the person's refusal to perform.
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. Despite the fact that the SELLER and/or the PROVIDER has sent the contract in accordance with the relevant regulation and this contract, the BUYER, who has not signed and sent it back, cannot argue that the contract is not binding on the grounds that he has signed the contract or not, it is his responsibility to pay the contract price in full. It is sufficient for the SELLER/SUPPLIER to send the contract to the e-mail address notified 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 fails to 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 the losses incurred.
ARTICLE-3 SERVICES THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The AGENT acts as 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 the distance sales made within the scope of this contract. All costs are collected from the BUYER. The BUYER has accepted this and purchased the service. Accommodation purchased during early reservation, special periods (Christmas, semester, holidays, etc.) and promotional periods cannot be canceled either. However, if the BUYER has purchased the appropriate Early Booking Cancellation Assurance Package with domestic and Cyprus accommodation within the scope of the Early Booking period and Summer opportunities, transactions can be made within the conditions specified in Article 10. The BUYER has purchased the service knowing and accepting this. The Early Booking Cancellation Assurance Package cannot be offered to the guest for the reservations made at the prices stated as “cancellable”. Reservations with this statement cannot be cancelled, changed or refunded. If transportation (plane, bus, transfer, etc.) is purchased separately other than accommodation, transportation costs are non-refundable.
Pursuant to Article 6 of the Regulation, the date, price, product, concept, etc., related to the service chosen by the BUYER at the purchase stage, in the reservations made through the relevant website and Call Center. is obliged to check and digitally approve the information form containing all the information after the sale process. The SELLER is not responsible for not performing the relevant controls and not giving the digital approval. Electronic records of approvals are kept.
ARTICLE-5 CANCELLATION - CANCEL
The SELLER OR PROVIDER may cancel the contract in cases of force majeure or service providers, hotels to be accommodated or third parties, which prevent the start or continuation of the service despite all due diligence. This situation must be notified 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 return the price to the BUYER from the person or organization that he/she has purchased or mediated. It cannot be held responsible for the refund of the price it did not receive.
5-1- The BUYER is obliged to notify all kinds of reservation cancellation, change and person addition and removal requests in writing.
5-2- The travel agency may cancel the trip 3 days before the departure date due to the fact that the required number of passengers is not registered or due to force majeure, in which case the consumer has no right to compensation.
5-3- In case the consumer requests cancellation-change up to 30 days before the start of the trip, the entire fee is refunded in accordance with the package tour regulation.
5-4 If the Consumer requests cancellation-change of the reservation 30-16 days before the start of the tour for a reason other than the cases where he or his first-degree relatives document their 10-day illness and death with an official report from a full-fledged state hospital. It accepts and undertakes to pay 10% of the trip fee, if it requests cancellation-change 15-7 days before, and 25% of the trip cost less than 7 days before, to the AGENTA. 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, which he has purchased during the discounted sales period and which has not received the cancellation assurance package, for any reason, he/she agrees and undertakes to pay the entire trip cost to the AGENCY.
5-6 Consumers; If, for any reason, he wishes to change the date of the discounted early reservation product he has purchased during the discounted sale period, he agrees that the reservation will be changed without any 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, which he missed the beginning of, the travel agency has the right to cancel all reservations made on behalf of the consumer after 24 hours. No refund will be made to the consumer for such cancellations.
5-8 Force Majeure: If adverse weather conditions, road obstruction, strike, terrorism, war, possibility of war, unpredictable technical issues prevent the start or continuation of the tour, it is accepted as force majeure by the parties. It is also force majeure if the state authorities have documented the illness and/or death of the passenger or his/her first-degree relatives that hinder their habitual occupation for 10 days.
5-9 The travel agency may partially or completely cancel the tours announced or registered, up to 3 days before the start of the trip, when it deems necessary. Within the same period, the name of the hotel within the scope of the trip, transportation vehicles and their places of departure, the order of visits of the places specified in the program and shown as places to visit can be changed. If the consumer does not accept these changes and cancellations, he has the right to cancel the reservation and get a full refund of the price paid. In this case, the consumer is not entitled to compensation.
ARTICLE-6 MUTUAL RIGHTS AND OBLIGATIONS
6.1 The SELLER OR THE PROVIDER is obliged to notify the BUYER in writing of possible cancellation notices 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 the registration on behalf of other persons who receive the same service with him/her under the same conditions. BUYER / BUYERS are jointly and severally responsible for the payment of the contract price. The BUYER has approved the contract knowing that it is also a party to this contract on behalf of the participants specified in the Voucher, that it represents and binds them, and that it is obliged and responsible to inform the participant from the preliminary information content made to him within the scope of the relevant legislation. The BUYER, who does not fulfill its obligation to provide information, is responsible for all damages arising from this. Accordingly, 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 with the mention that the service he has purchased is defective, it is obligatory to immediately notify the SELLER OR PROVIDER and the accommodation facility in writing, together with the documents proving the defect. Otherwise, the BUYER is deemed to have accepted the performance and used the service. No refund will be made. All costs are collected from him. It is the bona fide BUYER's duty of care to notify the BUYER in writing of the issues complained of during the performance of the service.
Circumstances that do not exist or are not foreseen at the date of signing of the contract, develop beyond the control of the parties, and that make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract or to fulfill them on time, force majeure (natural disaster, war , terrorism, insurrection, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). In the event that force majeure prevents the realization of the contract, the party in its person shall notify the other party immediately and in writing. If the BUYER requests the termination of the contract due to force majeure, the SELLER OR THE PROVIDER shall make every effort to return the price. In the event of force majeure, if the BUYER requests cancellation, the SELLER OR PROVIDER is obliged to return to the BUYER the price it can receive from the person or organization from which it has purchased or mediated the service. It cannot be held responsible for the refund of the price it did not receive.
6.5 The seller or the supplier has to fulfill its obligations within the time it has committed. If the seller or the supplier does not fulfill this obligation, the consumer may terminate the contract. In case of termination of the contract, the seller or the supplier shall repay all the collected payments together with the legal interest determined in accordance with Article 1 of the Law No. 3095 dated 4.12.1984 and no. have to return all valuable documents and similar documents that put them under debt. In cases where it becomes impossible for the SELLER/SUPPLIER to fulfill its obligation under this contract, the seller or supplier must notify the consumer in writing or with a permanent data store within three days from the date of learning of this situation, and return all collected payments within fourteen days at the latest from the notification date. mandatory.
6.6 Before the contract is concluded, it is obligatory to obtain the explicit consent of the consumer separately in order to claim any additional costs arising from the contractual obligation and other than the agreed basic price.
6.7. Turkish citizens can enter the TRNC to the TRNC. They can log in with their Identity Card. In case of entering with a passport, since there are problems in entering Greece later on, T.R. It is recommended to log in with an Identity Card.
The information communicated by the BUYER to the SELLER OR PROVIDER for the purpose of making payment with the information specified in this contract will not be shared with third parties by the SELLER OR PROVIDER. The SELLER OR THE PROVIDER will only be able to disclose this information within the framework of the existence of an administrative / legal obligation. Credit Card information is never stored, credit card information is only securely transmitted to the relevant banks during the collection process and used for provisioning and deleted from the system after provision. Necessary illumination and information have been provided to the BUYER within the scope of the Personal Data Protection Law, and the necessary measures within the scope of KVKK have been taken by the SELLER/SUPPLIER in accordance with the legislation.
ARTICLE-8 INFORMATION ON PAYMENTS MADE BY BANK CARD
a) The SELLER OR SUPPLIER, which is a party to the contract, does not sell in installments in any way.
b) The prices given to the BUYER are cash prices, and all installments are made by the SELLER OR SUPPLIER without any delay interest on the credit cards obtained from various banks upon the request of the BUYER. All transactions related to 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. Exchange rate differences may occur within the scope of the agreements in the relevant bank cards, in the exchange rates to be applied for sales in foreign currency, in cash payments, single withdrawals or installments. All transactions related to sales made with a credit card are carried out between the Cardholder Participant and the bank to which the card is linked, and the AGENCY has no right or responsibility to intervene in these transactions.
c) The BUYER, who purchases service with a credit card, can make early payment, installment reduction, etc. must notify the bank to which the card belongs and make it to the payment branches determined by the bank.
d) When the BUYER cancels the service they have purchased with a credit card in installments for any reason, the SELLER OR PROVIDER shall return the amount received from the credit card to the BUYER's credit card. The responsibility of the SELLER OR SUPPLIER is limited to this. All subsequent transactions take place between the bank and the BUYER, the SELLER OR PROVIDER has no right or responsibility to intervene. Refunds for payments made in installments
Bank rules are valid in the bank, and in case the payments made in installments are returned to the card in installments, the SELLER OR PROVIDER has no obligation and no possibility of intervention. This situation needs to be resolved between the bank and the credit card holder.
e) For purchases made with a credit card, the campaign of the relevant bank at that time and the cancellation and return conditions related to it are valid.
f) Legal return processes will be followed in case of returns that may arise in connection with the relevant service.
ARTICLE-9 AUTHORIZED COURT
All Republic of Turkey Consumer Courts, Consumer Arbitration Committees and other organizations authorized by law are authorized to resolve all disputes arising from this contract. BUYERS can make their applications regarding their complaints and objections to the Arbitration Committee for Consumer Problems or to the Consumer Court in the place where the BUYER purchased the goods or services or where the BUYER resides, within the monetary limits determined by the Ministry in December every year.
ARTICLE-10 CANCELLATION ASSURANCE PACKAGE INFORMATION
Early Booking Cancellation Assurance Package; It is valid for reservations made for a minimum of 3 nights and a maximum of 30 nights for Early Booking products, with a total of less than 30,000 TL excluding transportation costs.
10.1- Consumers who purchase 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 the requested date or name changes on the same product. In case of change requests, the existing product is canceled within the scope of the Early Reservation Cancellation Assurance Package, and a new reservation is opened for the requested new date, product or name, according to the conditions of the day.
10.3 Early Booking Cancellation Assurance Package is made within 3 days at the latest from the date of reservation for a fee. Early Reservation Cancellation Assurance Package cannot be obtained for the 4th day and beyond.
10.4 The amount of the Early Booking Cancellation Assurance Package collected for the refunds to be made in response to the cancellation request cannot be refunded or the Early Booking Cancellation Assurance Package sold cannot be cancelled.
10. 5-All airline ticket reservations (including promotional and eco class) made together with the hotel/tour accommodation are out of 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 Reservation Cancellation Assurance Package fee is charged based on the amount of accommodation and/or other services, excluding the flight and/or bus transportation amount. In the Early Booking Cancellation Assurance Package application, the flight/bus transportation fee is excluded.
ARTICLE-11 GENERAL PROVISIONS
11-1- The consumer who participates in the tour can carry 2 suitcases, not larger than 50cm x 70cm, for all kinds of trips, and 15 kg for airplane travels. have the right to take and bring luggage. All responsibilities of the suitcases and their contents belong to their owners.
11-2- Items that smell, flow, have flammable or explosive properties or cause discomfort to the environment, cutting, piercing and firearms and all kinds of animals are not allowed into vehicles and accommodation facilities separately and without the express and written permission of the Travel Agency. Having an identity or license does not change the situation.
11-3- In case of loss or damage to the luggage or belongings of the consumer, in case of SEVERE DEFECT of the Travel Agency personnel, transportation within the total cost of the trip, regardless of the material and moral value of the lost or damaged baggage or goods or the belongings in it, as well as other qualifications and characteristics. 1/2 of the amount that hits the item is paid to the consumer by the Travel Agency as material and moral compensation for the lost item and suitcase. The Travel Agency is responsible for all kinds of loss, damage and theft of the goods, which have been declared by the consumer in writing, together with their value, as much as the transportation cost of the trip.
11-4- VISA PROCEDURES and SERVICES are not included in the purchased service. The travel agency has no commitment to obtain a visa. It is the guest's responsibility to carry the visa and passport requirements of the relevant country to travel.
11-5- Notifications of possible tour cancellations by the Travel Agency can be made to each consumer individually, or in general through advertisements in the Turkish edition of 2 newspapers with high circulation.
11-6-The Travel Agency is responsible for the changes in the tour program purchased by the consumer after the start of the trip. The Travel Agency may compensate the consumer for obvious changes that are against the consumer or damaged, in accordance with the provisions of the TÜRSAB KÜTAHYA SCHEDULE, during the trip or after the trip, as well as compensation with additional services provided to the consumer during the trip, which are not included in the price. . Purchase and use of additional or substitute services by the consumer
Its hanging or consumption eliminates the consumer's right to refund and compensation.
11-7- In the event that the consumer leaves the tour or the accommodation service on the grounds that it is defective, he must notify the travel agency authority and the hotel where he is staying in writing, together with the reasons, that he has left the tour. Otherwise, the consumer is not deemed to have left the tour and is deemed to have received and used the service.
11-8- The consumer's use of the tour program he/she has purchased to the end, even though he/she complains, eliminates his/her right to compensation such as replacement service and refund for the issues he/she 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 the consumer has requested and accepted the registration on behalf of the other persons who will attend the same trip with him, under the same conditions.
11-10- Consumer(s) who do not have a signature in the contract but participate in the trip subject to the contract, lawsuits and proceedings related to the trip they have participated in and against the Travel Agency of the consumer(s) they have assigned to register on their behalf, and the Travel Agency's treatment of the consumer to the consumer, except for the matters written in this contract. In the event that the Travel Agency has to pay a price or compensation, the right of recourse is reserved for the excess amount paid by the Travel Agency to the consumer(s) who signed the contract. Even if they have not signed, the consumers participating in this trip have learned the terms of this contract, which will be valid between the parties, due to the catalog and advertisements, and have accepted to participate in the tour under the terms of this contract.
11-11- The Travel Agency acts as an intermediary before the consumers participating in the trip, the hotel, the carrier companies and all kinds of third parties and legal entities that provide other services related to the trip. For this reason, contrary to the agreements made between the Travel Agency and the institutions that undertake the transportation, the consumers who register for the trip with their application; Vehicles not being at the departure point at the times shown in their schedules, all kinds of delays and breakdowns of land, air and sea vehicles, fog, storm, type and all kinds of weather conditions, road obstructions, changes in road routes and routes, strikes, terrorism, war, possibility of war. Due to force majeure or similar reasons, the fault of the person using the transportation vehicle or personal faults of third parties or unforeseen technical issues, accidents with material and moral damage, deficient or faulty services of accommodation facilities, Travel Agency is not an operator at the 1st degree. The parties know that they have no responsibility, and that they are not directly responsible like the main perpetrator. For this reason, the Travel Agency will not be liable to the consumer like the main perpetrator, but will be indebted. In cases of such malfunctions and accidents, the consumer will first go to demand and collect their material and moral demands from the main perpetrators, and in cases where they cannot fully receive their receivables from the main perpetrator, they will be able to apply to the Travel Agency due to the principle of strict liability. The Travel Agency will be liable to its customers for the amount that cannot be collected from the main perpetrators.
11-12- International contracts including 1618 SY., 4077 SY., 4288 SY., 2634 SY., IATA, IHA, UFTAA Convention provisions, Civil aviation law, UK, TTK., Turkey on matters not written in this contract. and the regulations, regulations, circulars and communiqués issued in connection therewith and the provisions of the internationally accepted Frankfurter Table 's TÜRSAB Kütahya Schedule applied in Turkey will be applied.
This voucher and package tour contract, which has been issued in two copies between the parties, has been prepared, read, checked and accepted by the authorities of the parties together with all its annexes. The parties mutually accepted and confirmed their commitments and acts by signing them together. He also accepts and undertakes that all legal responsibility belongs to him who will participate in the trip and who has signed this voucher on behalf of the customers whose names are written in this contract, and to those whom he has signed by proxy on behalf of the party accepting the contract.
COMPLAINTS OF DEFECT OF SERVICE: In case of defective or defective service, TÜRSAB ARBITRATION BOARD is authorized.
The BUYER has the right to object or withdraw within 24 hours following the declaration of the relevant distance sales contract in digital or material environment. The provisions of the distance sales contract, which are not objected to within 24 hours, are deemed to have been accepted by the BUYER.
NAME SURNAME :