DISTANCE SALES CONTRACT
ARTICLE-1 SUBJECT
The subject of this contract is the determination of 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 regarding the sale and delivery of the product/service specified below in the reservation transactions made by the BUYER electronically or via the call center on the website of the SELLER OR PROVIDER.
The BUYER accepts and declares that he/she has been informed in advance by the SELLER OR PROVIDER in a clear, understandable and internet-friendly manner regarding the name, title, full address, telephone and other access information of the SELLER OR PROVIDER, the basic characteristics of the product subject to sale, the sales price including taxes, the payment method, etc., all preliminary information regarding the product/service subject to sale, the use of the right of withdrawal and how to use this right, the official authorities to whom they can submit their complaints and objections, etc., in accordance with the provisions of this contract, that he/she has confirmed this preliminary information electronically and/or by phone or e-mail and then approved the reservation and contract.
SELLER OR PROVIDER INFORMATION Title: ARAR AVIATION AND TURIZM HIZMET LTD.CO (Referred to as AGENCY in the contract.) Address and official contact information are clearly stated in the title deed.
ARTICLE-2 GENERAL PROVISIONS
2.1 BUYER declares that he/she has read and is informed about the characteristics, sales price and payment method of the product and service subject to the contract and all preliminary information regarding the price and has given the necessary confirmation in electronic environment and call center system. The entire reservation fee is paid at the time of registration. If the entire fee is not paid, the reservation will not be made. However, if a reservation is made despite having a missing balance for any reason, the Consumer is responsible for the entire reservation fee as of the registration date. In the event of incomplete payment of the reservation fee, the AGENCY cancels the reservation and claims 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 In order for the service subject to the contract to be performed, the signed copy of this contract must be delivered to the SELLER OR PROVIDER and the price must be paid with the preferred payment method. The BUYER who does not sign and return 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 does not bind him/her on the grounds that he/she did not sign and send the contract, he/she is fully responsible and is obliged to pay the contract price in full. It is sufficient for the contract to be sent to the e-mail address provided by the BUYER by the SELLER/PROVIDER, and the BUYER cannot claim that the contract was not sent to him/her or that he/she 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 illegal use of the BUYER’s credit card by unauthorized persons after the service is performed, the BUYER is responsible for the damages incurred.
ARTICLE-3 SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
AGENCY 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 does not have the right of withdrawal in distance sales made within the scope of this contract, as per the Regulation. The entire fee is collected from the BUYER. The BUYER has accepted this and purchased the service. Accommodation purchased during early reservation, special period (New Year, semester, holiday, etc.) and promotional periods cannot be canceled. However, if the BUYER has purchased the Early Reservation Cancellation Assurance Package suitable for domestic and Cyprus accommodation within the scope of the Early Reservation Period and Summer Opportunities, the transaction can be made within the conditions specified in Article 10. The BUYER has purchased the service knowing and accepting this. In reservations made with prices that state “Cancellable”, the Early Booking Cancellation Assurance Package cannot be offered to the guest. In reservations that state this, reservation cancellation, change and refund cannot be made. If transportation (plane, bus, transfer etc.) is purchased in addition to accommodation, transportation fees will not be refunded.
ARTICLE-4 INFORMATION
According to Article 6 of the Regulation, the BUYER is obliged to check and digitally approve the information form containing all information such as date, price, product, concept etc. regarding the service selected during the purchase phase in reservations made through the relevant website and Call Center, after the sales transaction. The SELLER is not responsible for failure to perform the relevant checks and not providing digital approval. Records of approvals are kept in electronic environment.
ARTICLE-5 CANCELLATION – WAIVER – CHANGES
SELLER OR PROVIDER may cancel the contract in case of force majeure reasons that prevent the start or continuation of the service despite having shown all necessary care or in cases originating from service providers, hotels to be accommodated or third parties. This situation must be notified to the BUYER as soon as possible. In this case, BUYER has no right to compensation. In these cases, SELLER OR PROVIDER is obliged to return to BUYER the amount it can receive from the person or organization from which it purchased the service or mediated. It cannot be held responsible for the return of the amount it cannot receive.
5-1- BUYER is obliged to notify in writing of all kinds of reservation cancellation, change and person addition or removal requests.
5-2- The travel agency may cancel the trip 3 days before the departure date due to the lack of definite registration for the required number of passengers or force majeure reasons, in which case the consumer has no right to compensation.
5-3- If the consumer requests a cancellation or change up to 30 days before the start of the trip, the entire amount will be refunded in accordance with the package tour regulation.
5-4 The consumer accepts and undertakes to pay 10% of the trip price to the AGENCY if he/she requests a cancellation or change 30-16 days before the start of the trip for a reason other than the cases where he/she or his/her first degree relatives document their illnesses and deaths that prevent him/her from working for 10 days with an official report to be obtained from a fully equipped state hospital, 25% of the trip price if he/she requests a cancellation or change 15-7 days before the start of the trip, and the entire amount less than 7 days before. There is no right to cancel, refund or change in 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 no cancellation guarantee package has been purchased, for any reason, the consumer accepts and undertakes to pay the entire trip price to the AGENCY.
5-6 If the consumer wishes to change the date of the discounted early booking product purchased during the discounted sales period for any reason, the consumer accepts that the reservation change without discount will be made based on the list prices valid on the date of the request.
5-7 If the consumer does not notify in writing that he/she will participate in the trip that he/she missed in the beginning, 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 in such cancellations.
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, they are considered force majeure by the parties. The documenting of illnesses and/or deaths of the passenger or first degree relatives that prevent them from working normally for 10 days and/or their deaths by the State authorities is also a force majeure. 5-9 The travel agency may partially or completely cancel the tours it has announced or registered for, if deemed necessary, up to 3 days before the start of the trip. During the same period, it may change the names of hotels, means of transportation and their departure points, and the order of visits to places specified in the program and shown as places to be visited. If the consumer does not accept these changes and cancellations, he/she has the right to cancel his/her reservation and receive a full refund of the amount he/she has paid. In this case, the consumer does not have the right to compensation.
ARTICLE-6 MUTUAL RIGHTS AND LIABILITIES
6.1 SELLER OR PROVIDER is obliged to notify BUYER of possible cancellation notifications in writing as soon as possible.
6.2 The provisions of this contract concluded between SELLER OR PROVIDER and BUYER during registration have been read by BUYER and requested and accepted that registrations be made under the same conditions on behalf of other persons who receive the same service together with him. BUYER/BUYERS are jointly and severally responsible for the payment of the contract price. BUYER has approved the 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 about the preliminary information content provided to him within the scope of the relevant legal legislation. BUYER who does not fulfill his obligation to provide information is responsible for all damages arising from this. In this context, the information given to BUYER is deemed to have been given to the participant.
6.3 If the BUYER does not accept the performance by claiming that the service purchased is defective, it is mandatory 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. No refund will be made. The entire amount will be collected from him/her. It is the duty of care of the BUYER in good faith to notify the authorized person in writing of the issues the BUYER complains 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 undertaken under the contract or to fulfill them on time, will be considered as force majeure (natural disaster, war, terror, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). If force majeure prevents the contract from being realized, the party in whose person it occurred shall immediately notify the other party of the situation in writing. If the BUYER requests the termination of the contract due to force majeure, the SELLER OR PROVIDER shall make every effort to refund the amount. If the BUYER requests cancellation in the event of force majeure, the SELLER OR PROVIDER shall be obliged to refund the amount it was able to receive from the person or organization from which it purchased the service or mediated. It cannot be held responsible for the refund of the amount it could not receive. 6.5 The seller or provider must fulfill its obligation within the period it committed. If the seller or provider fails to 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 receipt of the 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 return all valuable papers and similar documents that put the consumer in debt, if any. In cases where it becomes impossible for the SELLER/PROVIDER to fulfill the obligation undertaken under this contract, the seller or provider must notify the consumer in writing or via permanent data storage within three days from the date of learning of this situation and return all collected payments within fourteen days from the date of notification at the latest.
6.6 Before the contract is established, it is mandatory to obtain the explicit consent of the consumer in order to request any additional fee other than the agreed basic fee arising from the contractual obligation.
6.7. Turkish citizens can enter the TRNC with their Turkish Republic Identity Card. Since entering Greece with a passport may cause problems later on, it is recommended to enter with a Turkish Republic Identity Card.
ARTICLE-7 CONFIDENTIALITY
The information provided 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 3rd parties by the SELLER OR PROVIDER. The SELLER OR PROVIDER may only 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 used to obtain provision by securely transmitting it to the relevant banks during the collection process and is deleted from the system after provision. The necessary information and information has been provided to the BUYER within the scope of the Personal Data Protection Law, and the necessary measures have been taken by the SELLER/PROVIDER in accordance with the legislation within the scope of the KVKK.
ARTICLE-8 INFORMATION REGARDING PAYMENTS MADE WITH BANK CARD
a) The SELLER OR PROVIDER party to the contract does not make installment sales within its own organization in any way.
b) The prices given to the BUYER are advance prices, and all installments are made by the SELLER or PROVIDER without any interest rate applied to the credit cards obtained from various banks upon the BUYER’s request. All transactions made regarding sales made with a credit card are made between the BUYER, the cardholder, and the bank to which the card is affiliated, and the SELLER or PROVIDER has no right or responsibility to intervene in these transactions. In the exchange rates to be applied in sales made in foreign currencies, there may be an exchange rate difference within the scope of the agreements on the relevant bank cards in cash payments and single or installment withdrawals. All transactions made regarding sales made with a credit card are made between the Participant, the cardholder, and the bank to which the card is affiliated, and the AGENCY has no right or responsibility to intervene in these transactions.
c) The BUYER purchasing services with a credit card must notify the bank to which the card belongs of its early payment, installment reduction, etc. requests and make them to the payment branches determined by the bank.
d) If the BUYER cancels the service they received in installments with their credit card for any reason, the SELLER OR PROVIDER will refund the amount they received from the credit card to the BUYER’s credit card. The responsibility of the SELLER OR PROVIDER is limited to this. All subsequent transactions are made between the bank and the BUYER, and the SELLER OR PROVIDER has no right or responsibility to intervene. Bank rules also apply to refunds related to payments made in installments, and if payments made in installments are returned to the card in installments, the SELLER OR PROVIDER has no liability or opportunity to intervene. This situation must be resolved between the bank and the credit card holder.
e) In purchases made with a credit card, the campaign of the relevant bank on that date and the cancellation and refund conditions related to it will apply.
f) Legal refund processes will be followed in refund cases that may arise in relation to the relevant service.
ARTICLE-9 AUTHORIZED COURT
All Republic of Turkey Consumer Courts, Consumer Arbitration Boards and other institutions authorized by law are authorized to resolve all disputes arising from this contract. BUYERS may apply to the Consumer Problems Arbitration Board or Consumer Court where the BUYER purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry every December.
ARTICLE-10 CANCELLATION ASSURANCE PACKAGE INFORMATION
Early Booking Cancellation Assurance Package is valid for reservations made for minimum 3 and maximum 30 nights in Early Booking products, with a total amount of less than 30,000 TL excluding transportation fee.
10.1- Consumers who purchase Early Booking Cancellation Assurance Package may cancel their reservations unconditionally and without deduction until 72 hours before the date of check-in at the facility.
10.2- Early Booking Cancellation Assurance Package does not cover requested date or name changes on the same product. In case of change requests, the existing product is canceled within the scope of Early Booking 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 from the date of reservation for a fee. Early Booking Cancellation Assurance Package cannot be purchased for the 4th day and later.
10.4 In the refunds to be made in response to the cancellation request, the collected Early Booking Cancellation Assurance Package amount cannot be refunded or the sold Early Booking Cancellation Assurance Package cannot be canceled.
10.5- All airline ticket reservations made together with hotel/tour accommodation (including promotion and eco class) are excluded from the scope of 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 amount of accommodation and/or other services, excluding the cost of air and/or bus transportation. Air/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 has the right to take and bring 2 suitcases, not larger than 50cm x 70cm, and 15 kg of luggage in air travels. All responsibilities of the suitcases and the items inside belong to their owners.
11-2- Items that smell, leak, have flammable or explosive properties or that cause discomfort to the surroundings, cutting, piercing and firearms and all kinds of animals are not allowed into vehicles and accommodation facilities without the separate and explicit and written permission of the Travel Agency. Having an identity card or license does not change the situation.
11-3- In case of loss or damage to the luggage or belongings of the consumer, if it is due to the GROSS NEGLIGENCE of the Travel Agency personnel, regardless of the material and moral value of the lost or damaged luggage or belongings or the other characteristics and features of the belongings, 1/2 of the part of the total cost of the trip that corresponds to transportation shall be paid to the consumer owner of the goods by the Travel Agency as material and moral compensation for the lost goods and suitcase. The Travel Agency is responsible for all kinds of loss, damage and theft of the goods declared to it by the consumer in writing together with their values, up to 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 meet the visa and passport requirements of the relevant country to be traveled to.
11-5- Travel Agency’s possible tour cancellation notifications can be made to each consumer individually or generally by means of an advertisement in the Turkish edition of 2 newspapers with high circulation.
11-6- Travel Agency is responsible for changes in the tour program purchased by the consumer after the start of the trip. Travel Agency may compensate the consumer for changes that are clearly against the consumer and cause damage during or after the trip in the form of a refund of the price or service in accordance with the provisions of TÜRSAB ISTANBUL SCHEDULE, or it may also seek compensation with additional services provided to the consumer during the trip that are not included in the price. The consumer’s receipt, use or consumption of additional or substitute services eliminates the consumer’s rights to a refund and compensation.
11-7- If the consumer abandons the tour or accommodation service that he/she started claiming that it was defective, he/she must notify the Travel Agency representative and the hotel where he/she stayed in writing that he/she has abandoned the tour, together with the reasons. Otherwise, the consumer is not deemed to have abandoned the tour and is deemed to have received and used the service.
11-8- The consumer’s use of the purchased tour program until the end despite complaining about it, eliminates his/her rights to compensation such as replacement service and refund regarding 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 he/she has requested and accepted that the registrations be made under the same conditions on behalf of the other persons he/she has declared to participate in the same trip with him/her, and has signed it.
11-10- In the event that the consumer(s) who do not sign the contract but participate in the trip subject to the contract, the consumer(s) they have assigned to register on their behalf, file lawsuits and follow-ups against the Travel Agency and related to the trip they participated in, and the Travel Agency is obliged to pay a fee or compensation to the consumer other than the matters stated in this contract, the Travel Agency reserves the right to recourse for the excess amount paid to the consumer(s) who signed the contract. Consumers who participate in this trip, even if they have not signed it, have learned about the terms of this contract that will be valid between the parties through the catalogue and advertisements and have accepted to participate in the trip under these terms.
11-11- The Travel Agency acts as an intermediary between the consumers participating in the trip, hotels, carrier companies and all kinds of third parties and legal entities providing other services related to the trip. Therefore, the parties are aware that the consumers who register for the trip by applying to it, are not responsible in the first degree and are not directly responsible like the primary perpetrator for the vehicles not being at the departure point at the times indicated in their programs, 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, strikes, terror, war, war probability or similar force majeure reasons, all kinds of disruptions caused by the fault of the person using the transportation vehicle or personal faults of third parties or unforeseen technical issues, accidents with material or moral damage, deficient or faulty services of accommodation facilities, since the Travel Agency is not the operator. For this reason, the Travel Agency will not be liable to the consumer as the primary perpetrator, but will be a debtor in equal measure. In such cases of disruptions and accidents, the consumer will first seek and collect his material and moral claims from the primary perpetrators, and in cases where he cannot fully collect his receivables from the primary 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 that cannot be collected from the primary perpetrators. 11-12- In matters not written in this contract, the provisions of 1618 SY., 4077 SY., 4288 SY., 2634 SY., IATA, IHA, UFTAA Convention, Civil Aviation Law, BK., TTK., International agreements to which Turkey is a party and the Regulations, Regulations, circulars and communiqués issued in connection therewith and the provisions of the TÜRSAB Istanbul Table of the internationally accepted Frankfurter Table applied in Turkey shall apply.
This voucher and package tour contract, which has been drawn up in two copies between the parties, has been drawn up, read, checked and accepted by the authorities of the parties together with all its annexes. The parties have accepted and confirmed their mutually accepted commitments and obligations by signing them together. He/she also accepts and undertakes that he/she has all legal responsibilities towards the persons he/she has signed as proxy on behalf of the party accepting this voucher and contract on behalf of the customers who will participate in the trip and whose names are written in this contract.
SERVICE DEFECT COMPLAINTS: In case of defective or faulty service, TÜRSAB ARBITRATION BOARD is authorized.
BUYER has the right to object or withdraw within 24 hours after the relevant distance sales contract is declared to him/her in digital or material environment. The distance sales contract provisions that are not objected to within 24 hours are deemed to have been accepted by the BUYER.
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