Service Agreement
Distance Sales Agreement
PACKAGE TOUR AGREEMENT
The consumer was informed before the trip in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Package Tour Agreements Regulation dated 14.01.2015, the Detailed Travel Program (Brochure) in Appendix 1 was given, the Tour Registration Form in Appendix 2 was prepared and the business under the following conditions this contract has been drawn up.
1) PARTIES AND SUBJECT
On the one hand, Mustafa CANKAT, owner of Cankat Travel Agency Tourism Transportation Real Estate Automotive Hamam Agriculture Food Textile Trade and Industry Limited Company. On the other hand, the tour participant whose name, surname and other personal information is included in the "Tour Registration Form", which is an inseparable part of this contract (will be named as the participant in the contract), Detailed Travel Program (Brochure) and the conditions for the provision of the service specified in the Tour Registration Form. and signed a package tour contract in line with the provisions. By signing this contract, the participant is deemed to have accepted all the tour and travel conditions of the Agency.
2) FEATURES OF THE SERVICE AND PLACE OF PERFORMANCE
Pursuant to this contract made between the agency and the participant, the agency is to provide the services specified in this contract, which is an integral part and an integral part of this contract, allocated to this contract and is an integral part of this contract, with the total price of the tour program, and the participant is to provide the services specified in this contract and its annex. agrees, declares and undertakes to fulfill the obligations specified in the program. The program and participation forms, including the special price conditions, special conditions and commitments in the contract and tour program, are in a sense an integral and integral part of this contract, so all the conditions written in this form and tour program and the rules of the main contract to which the contents refer to this main contract are valid. accepted by the parties. A change in the detailed tour program can be made by the parties, with the consent and consent of both parties, by prior notification. The main features of the service to be provided by the agency, the duration of the tour, including the departure, return dates and times of the tour, accommodation during the tour, stops, transportation and transfer connections, transportation vehicles, accommodation and class, number of meals, if any, guide and tour Information about other services, including the participants, is given in the travel program signed separately by the participant, and the participant has already accepted and committed to receive service within this program. From this sentence, the participant accepts and undertakes that this contract and its annexes are a package tour contract in accordance with the relevant legislation.
3) GENERAL CONDITIONS
a) An application that is confirmed orally or in writing, is paid to the bank specified by the agent at the time of the prepayment specified in the detailed itinerary, or to the agency itself in cash or by credit card as notified, and this contract is signed, approved and/or accepted by the participant in writing or electronically. becomes final and enters into force with all its conditions.
b) The participant who makes a reservation on behalf of more than one person or a group, informs the detailed tour program and the terms of this contract, which is an integral part of this contract and attached, to the other participants and group members in the same group, and each and every part of this contract and its annexes. is obliged to declare that it is valid for the participant. It has been accepted and committed by the parties that the contract will become valid with this obligation.
c) The participant(s) who do not sign the contract but participate in the excursion subject to the contract shall be deemed to have accepted and committed to the terms of the contract upon the signing of this contract by the participant(s) they have assigned to register on their behalf. Even if the participants of this trip have not signed the agreement, they have learned the terms of this agreement, which will be valid between the parties, due to Halalsummer (Brochure), Cankat Travel Agency website and advertisements, and have accepted to participate in the tour under the terms of this agreement. For this reason, participants do not have the right to cancel or postpone the tour.
d) Even if there is a participant who makes a reservation on behalf of more than one person or a group, each participant of the group is obliged to fulfill the conditions in the tour program, which is an integral part of this contract and included in the annex, and to submit the documents and information requested by the agency on time and in the requested time. (Konaklı, Kuyumcu Caddesi No:12, 07400 Alanya/Antalya)
Tel : 02426060646
halalsummer.com
4) FORCE MAJEURE
a) Natural disasters (earthquake, flood, fire landslide, lava and volcanic eruption…), emergency situations (martial law, curfew, terrorism, hotel, airport raid, aircraft hijacking, war, civil strife, uprising, rebellion and other movements) movements (strike, rally, march, road closure...) interstate tension, diplomatic restrictions, health problems (epidemics, quarantine), weather conditions (snowfall, blizzard, fog, storm, lightning...), customs regime changes, general restrictions in the transportation sector, and special restrictions such as the bankruptcy or liquidation of any of the transportation companies on air, train or seaway, including these. but not limited to these, the agency cannot be held responsible for any damage or loss arising directly or indirectly from the consequences of any negativity that is not the fault of the agent or that cannot be foreseen. In short, if there is no fault attributable to the agency, there is no obligation to pay any price. In this case, the agency cannot be held responsible for its inability to perform its obligations or for its incomplete performance or for the failures in its performance. The participant accepts and undertakes in advance that he/she will not make any material or moral demands from the agency in such cases and that he/she waives these demands. After deducting the expenses incurred by the agency until the cancellation of the tour, the remainder is returned to the participant.
b) The agency has the right to unilaterally terminate the contract and the entire program attached to it and cancel the trip for any reason written above.
c) Contrary to the agreements made between the agency and the transportation vehicles (bus, minibus, midibus, land vehicles, rental vehicles, train, ferry, ship, plane, helicopter, balloon.) The agency cannot be held responsible for the consequences of any negativity. In this sense, no material or moral responsibility can be imposed on the agent. The agency cannot be held responsible for any loss or damage that may arise due to possible flight cancellations and delays, delays, and possible delays due to technical failures during flight, train and ferry hours. In this case, the only addressee of the participant is the transportation company and the owners of the transportation vehicles. The participant has already accepted and committed that he will not object to all kinds of changes and arrangements in flights by airline companies within the framework of the provisions of the Warsaw Convention and international aviation rules, which was revised on 28.9.1995.
d) The agency reserves the right to make changes in the tour as well as change the itinerary due to natural, social, cultural, road and weather conditions.
e) The Agency reserves the right not to use the other force majeure conditions that are not written in this contract and are granted to it in accordance with other legislation.
f) The agency has the right to change the airline, transfer points, accommodation facilities or departure times by notifying the participant in advance and adhering to the same standards.
5) PAYMENTS AND RESERVATION TERMS
a) Applications to the Agency regarding the reservation can be made verbally (phone, office visit…) or in writing (such as letter, fax, e-mail) before or after the detailed itinerary goes on sale. The agency prioritizes the applications and confirms the trip or informs the participant that he or she is on the reserve list.
b) In Annex 2, the price of the tour including taxes and the payment method are stated. It can also be collected in TL, provided that the transaction is made at the rates determined by the agency on a daily basis. Card commissions applied by banks and intermediary institutions are added to the amount in credit card single withdrawal and installment sales.
c) The pre-reservation is finalized by depositing at least 50% of the trip cost and simultaneously signing this sales contract. The balance must be paid at the latest 21 days before the trip departure date for domestic trips and 30 days before international trips. If the specified payments are not made within the aforementioned periods, the reservation will be cancelled.
d) The agency reserves the right to unilaterally cancel the application unconditionally and without any reason, if the payment is not made in the stated manner and on the date. In this case, there is no precondition for the agent to give written or verbal feedback or declaration.
e) No prepayment and/or advance payment can be made to the bank for a trip without confirmation from the agency. All costs and expenses related to the return of such an erroneous and unconfirmed money order shall be borne by the participant or the sender.
6) TRAVEL INSURANCE
The agency is obliged to provide compulsory package tour insurance for travel agency activities in accordance with the Law No. 1571. The agency can obtain this insurance from companies that fulfill the travel insurance coverage required by TÜRSAB or the Ministry of Tourism in accordance with the relevant law. This insurance covers the bankruptcy of the agency or the inability to provide package tour services for any reason. It is not a more comprehensive Travel Assurance Package and/or Health insurance, it does not cover treatment and similar expenses. Purchasing such a comprehensive insurance package, private expense. The Agency can have a very comprehensive Travel Assurance Package made and mediate in the making of it, in line with the conditions and fees specified in Annex 2. The terms of the Travel Assurance Package are announced on the website of Cankat Travel Agency. (halalsummer.com) The rules of the relevant insurance company are valid for all kinds of insurance transactions.
7) TRAVEL TOUR PRICES
a) The agency has clearly stated what is included and what is not included in the prices it offers for the trips it has put up for sale with a detailed program for weekends with accommodation, domestic and international trips, and the payment terms, leaving no room for doubt. Apart from the detailed itinerary, all kinds of additional services requested by the participant (choosing a room and a place on the plane, class selection in transportation vehicles, etc.) are forwarded to the relevant institution for fulfillment, provided that their fees are paid. However, there is no guarantee that the request will be fulfilled. The participant does not have the right to postpone, cancel or demand compensation due to additional services that cannot be fulfilled.
b) Visa fees for visa-applying countries are definitely out of the price, and visa fees are also included in this price. The participant accepts and undertakes in advance that he/she will not request a refund fee due to the fact that the visa cannot be obtained for reasons arising or not due to the participant. Since the agency will also deal with the initiation and termination of all kinds of visa applications, the right to demand the service fee in this direction is reserved.
c) Since transportation, airport taxes, ticket issuance service fee, international departure fees and visa fees are calculated separately in the detailed itinerary, in case these fees are changed by the relevant institutions near the start of the tour and an additional fee is requested, the participant will unconditionally accept this fee. He also agreed to pay. Since such price differences, which are possible to be outside the initiative of the agency, must be paid by the participant immediately, the right of the agency to add these price differences and increases to the tour price has been accepted by the participant.
d) Prices given in tour programs are per person in double rooms. Except for the special conditions specified in the detailed tour program, which is an annex to this contract, the participant accepts and undertakes that if there is no roommate 21 days before the trip, the participant who wishes to stay in double rooms and makes a reservation as one person, will have to pay the difference for one person.
e) If a participant who attends the trip to stay in a double room and makes a prepayment wants to cancel the trip, if the participant has the right to refund, the second person to stay in the room, if he does not pay the single room single difference, the participant who cancels the single room difference will pay and accept in advance that he will be deducted from the amount he can get refunded. and commits.
9) TERMINATION OF TERMINATION
a) When the agency deems necessary, without obtaining the consent of the participant, but on the condition of notifying the participant; Cancel any trip with a weekend stay and 21 days before domestic trips and 30 days before or before international trips. In such cancellations, the amount paid to the participant will be refunded exactly. However, the participant accepts and undertakes that the participant does not have the right to claim any material or moral compensation from the agency due to this cancellation and that he waives such compensation claims.
b) If the payments are made by the participant by credit card, the credit card commission received by the banks is deducted and returned. The agency is not responsible for the damages that may arise from the participant's voluntary upgrades or using miles.
c) – If the tour is canceled by the participant after the reservation for the International or Domestic tours, regardless of the reason, even if the tour departure date is more than 90 days away, a 15 percent cancellation penalty is applied for the reservation made. For cancellations made between 90 days and 61 days before: 25 percent of the total tour price; For cancellations made from 60 days to 30 days: 50 percent; Cancellation penalty will be applied and the remaining money will be refunded. - No refunds will be made for cancellations made after this date. In addition, other damages that may arise from the amount paid for the flight ticket and insurance policy are calculated separately and collected from the canceling participant. If the refund is made through the bank, the bank charges will be deducted from the amount to be refunded.
d) In case of cancellation, the participant agrees and undertakes to pay the tour cost to the agency under the above conditions. Otherwise, the agency reserves the right to claim any damages and losses that may arise from legal interest and delay.
e) The participant can transfer the purchased tour to any person until 21 days before the start of the trip, except for the special conditions specified in the detailed itinerary. The transferee is jointly and severally liable with the transferor for the balance and the costs incurred due to the transfer. Sign in the sales contract
Even if there is no original, the transferee is responsible for this sales contract in accordance with the succession rule, and if the transferee cannot go on a tour due to reasons arising from himself or cannot attend for any reason, he has no right to demand a refund.
f) The agency has the right to cancel all reservations made on behalf of the participant, 24 hours after the start of the tour, unless the participant notifies in writing that he will participate in the trip later on. The participant accepts and undertakes that no payment or refund will be made to the participant in such cancellations.
g) When the participant or agency cancels the trip in accordance with the cancellation conditions, the amount to be refunded will be in the currency paid to the agency. The agency cannot be responsible for exchange rate differences that may occur in foreign currency over time. For payments made by credit card, the refund will be made to the same credit card. The agency cannot be held responsible for possible damages.
10) PROBLEMS ARISING FROM THE AGENT'S FAILURE
In the event that the tour cannot be made due to the agent's faulty application or gross negligence, the agency agrees and undertakes to return the entire amount paid to the participant.
a) The Agency is responsible for the changes that occur after the start of the tour in the tour program purchased by the consumer. The agency may compensate the consumer against the obvious changes, during or after the trip, in the form of a price or service refund, in accordance with the provisions of the TÜRSAB Antalya Schedule (TURSAB TOURISM CONSUMER REVIEW SCHEDULE), and at the same time, the additional fee that is not included in the price and given to the consumer during the trip. may also seek compensation through services. The fact that additional or replacement services have been purchased, used or consumed by the consumer eliminates the consumer's right to refund and compensation.
b) Regarding the matters not written in this contract, SY 1618, SY 4077, 4288 SY, 2634 SY, IATA, IHA, UFTAA Convention provisions, Civil Aviation Law, UK, TTK, International agreements including Turkey and the statutes and regulations issued accordingly , circulars and communiqués and the provisions of the internationally accepted Frankfurter Tabelle's TÜRSAB Antalya Schedule, which is implemented in Turkey, will be applied.
11) PROBLEMS THAT MAY ARISE FROM THE PARTICIPANT'S ERRORS OR EXCUSES
a) The agency cannot be held responsible for the consequences that may arise from the payments not made on time, the documents not delivered to the agency on time or incompletely delivered. In such cases, the agent has the right to cancel the participant's trip. In case of cancellation of the participant's reservation due to the failure of the participant to deliver the documents requested by the agent on time, the provisions of the above article titled termination are applied for the refunds in the said cancellations. Regardless of the reason for compulsory cancellations after the dates specified in this termination article, no refund will be made and the participant will not have any right to claim for these reasons.
b) When a visa application is made to the consulates through the agency, the participant accepts that the agency is only an intermediary institution. The participant also accepts that the agent has no responsibility and liability if the visa is not given to the participant. The agency cannot be held responsible for any material damages that may arise from this contract due to the refusal of the visa.
c) Participant's identity card, passport, customs documents, ticket, vaccination etc. Inability to travel for reasons such as lack of passport, invalid passport from parents, lack of consent to leave abroad for their children, having a report of inability to travel on airplanes, not having enough blank pages or not enough time in their passports, or legal authorities or administrative authorities, law enforcement officials The participant cannot claim any refund, refund or compensation from the agency in case of being banned or blocked, detained at an airport, arrested or detained during the trip.
d) The participant is responsible for the accuracy of the name or surname (as written in the passport) declared in this contract. The agency will rely on the information provided by the participant in passport, visa, customs procedures or ticket transactions, and the agency has absolutely no obligation to make a separate or independent examination or investigation of this information. The agency cannot be held responsible for the problems and consequences arising from the information provided to the agency by the participant. In this case, the participant cannot claim or have any right to compensation.
e) In cases where the participant arrives at the starting point of the trip, they are late for the accommodation or meeting place or miss the tour due to the delay that may arise from the transportation means (such as airplane, train, ship, bus, private vehicle) or a similar reason (such as not being able to find a place in the transportation vehicles or traffic jam). cannot hold the agency responsible for these matters that are under its responsibility, and cannot claim any right or claim for compensation. The time notified by the participant's agency In case of delay or inability to catch up at the relevant departure point, at the airport, terminal, bus station or meeting point, the ticket will not be suspended and the trip fee will not be refunded in any way.
f) Except to certify a service that has not been fulfilled despite paying the fee, no refund is possible if the participant does not want to stay at the allocated hotel for any reason or wants to leave the hotel due to personal problems or excuses.
g) The participant accepts and undertakes that he/she will not hold the agency responsible for the consequences of his/her own health problems (blood pressure, heart, asthma, high altitude problems, etc.).
h) The participant accepts and undertakes that the agency will not be responsible for any damage or loss that may occur to persons or property outside the agency's control, and for any injuries such as sprains or fractures, which may occur during the tour and excursion program of the agency and which cannot be attributed to a fault attributable to the agency. The agency will do its best in such cases, but the relevant insurance company will be the addressee in such requests.
i) If the participant continues to benefit from the tour program despite complaining, he/she shall be deemed to have waived his right to compensation and reimbursement in relation to the subject of the complaint.
12) DIFFERENT TOPICS
a) The participant is responsible for the damage, loss and damage caused by the participant in the accommodation facilities or in the vehicles and venues providing service.
b) The agency will assist in obtaining a visa within the specified period. However, the agency acts as an intermediary between the participant and the embassies and consulates. The participant is responsible for the damages caused by the authorities' failure to issue a visa, and no fault can be attributed to the agency. The agency does not make any representations, guarantees and/or warranties regarding obtaining a visa. Since obtaining a visa does not guarantee entry to the country in question, the agency will not bear any responsibility in case the participant is not accepted to the country within the tour, just for this reason, the participant does not have the right to a refund, compensation and damage to the agency, and there is no compensation payment to the participant in this direction, the ayes have it. Whether it is written in the annex of this contract or not, the visa fee will definitely be added to the tour and excursion fee. The participant has no right to demand to deduct this visa fee from the travel fee.
c) Participant's tax debt etc. The participant is responsible for the damages and losses that may occur in case he cannot start the tour even against his will, for reasons such as the ban on going abroad for any reason, etc. In such cases, the participant accepts and undertakes that there is no right to compensation before the agency.
d) The participant is responsible for any excess baggage amount other than the declared baggage quantity and weight. The participant is solely and completely responsible for all damages and losses that may arise from the participant's failure to pay the excess baggage amount to the relevant airline company.
e) In cases such as damage to baggage or loss of baggage, the agency will not be responsible and will do its best to solve the problem. The participant will be responsible for the relevant accommodation, transportation or insurance company.
f) The participant has to comply with the hotel accommodation and departure times announced by the accommodation facilities in advance. The participant is responsible for the payments other than the services included in the trip price, and the participant is obliged to pay such expenses promptly and on time.
g) The agency reserves the right to change the tour guide, airline company, hotel and facilities in case of necessity, provided that it informs the participant party unilaterally.
h) All kinds of responsibility regarding the baggage and its contents belong to the participant. The agency cannot be held responsible for loss of money or damage to cameras, mobile phones, computers, valuable documents, jewelery that will be left in luggage or handbags.
ı) The participant is responsible for evaluating the suitability of the tour to be registered for his/her health and condition. For this purpose, she may request all kinds of written and verbal information from the agency. Participants who have any health problems are obliged to consult their doctor before registering for the tour, obtain approval and notify the agency of this situation before registering for the tour. Depending on the type of discomfort, the agency reserves the right to accept the participant on the tour or not.
i) Group leaders are responsible for conveying information about the flow of the tour to their group. The participant, on the other hand, must ensure that he has received all the information about the tour incompletely and correctly at every stage. The agency cannot be held responsible for the consequences that may arise from not having heard the explanations addressed to the general public, or from misunderstanding the information given indirectly.
j) Every participant who does not comply with the rules and tour leader, who does not comply with the rules and tour leader by displaying incompatible behaviors in the group, and who wants to change the tour program by forming a group, must comply with this behavior.
It is responsible to the other participant and agency for all damages and losses that may occur due to its activities and is obliged to cover all damages that may arise.
k) It is the participant's responsibility to comply with the local customs and traditions in the destination countries, to apply the warnings and to act as recommended for personal safety. The participant is responsible for the material and moral damages caused by the participant in these matters.
l) The agency has no promises to the participant other than the written matters in this contract and its annexes. Except as stated, no person or organization is authorized to make promises to the participant on behalf of the agency or to make a discount on the tour fee.
m) It is the bona fide consumer's duty of care to notify the participant's complaints in writing to the agency official during the performance of the service. The participant's use of the service to the end, despite the complaint, eliminates his/her right to compensation such as replacement service or refund regarding the issues he/she complains about. Complaints expressed in any questionnaire or feedback form that may be distributed or submitted by the agency after the end of the trip are not considered within the scope of this article and do not give the participant any right to demand.
n) The agency has the right and initiative to choose the most suitable vehicle for the safety and well-being of the tour and the tour, both during and during the tour, and the participant does not request an extra or additional vehicle or vehicle. The participant has already accepted and committed that he will not object to travel with the most suitable vehicle provided by the agency.
o) The participant cannot request a discount and/or refund before the agency regarding whether there is a price difference with other participants. For this reason, she cannot request cancellation.
p) The participant accepts and undertakes that in cases where the tour leader misses the meeting with the guide at the meeting point and meeting time specified in the program at the beginning of the trip, therefore, he cannot join the tour, miss the flight, miss the bus, the participant will not be refunded the tour fee and cannot request an exchange with another trip.
r) The participant agrees and undertakes in advance that in the event of a change in transportation vehicles out of initiative, the possible cost increase costs will be reflected in the tour and excursion prices exactly and the participant will pay the cost difference without objecting to this situation.
s) It has been accepted and undertaken by the participating party that the agency will not be responsible if the border crossing cannot be made and the relevant country cannot be entered due to possible problems in the customs areas at the border gates or airports.
t) The participant shall be responsible for the additional costs incurred or to be incurred by the participant in case of missing the tour leader slowly or absentmindedly during the trip and tour, and if he/she is lost or alone at the tour site, the participant accepts and accepts that he/she will not make a claim before the agency and will not request a set-off and/or refund due to such expenses. commits.
u) In case of leaving the facility before the breakfast and/or lunch-dinner time in the accommodation facilities, the participant cannot demand the cost or refund of these meals. In the event that more time is spent during the trip and tour due to unforeseen reasons and instant changes are made in the program, the agency is not responsible for this change that occurs out of initiative and the participant cannot claim any material or moral compensation from the agency in this regard.
v) By signing the contract, the participant accepts that he will receive phone calls, sms messages, news about tours and informative e-mails from the agency.
y) The agency undertakes to abide by the legal responsibilities announced on its website regarding the processing and storage of personal data. (halalsummer.com)
13) NOTIFICATIONS AND NOTICES
The title and address information, legal residence and head office address of the agency declared by the participant and listed below are the parties, and the parties have accepted that the notifications to these addresses will result in a notification and result in accordance with the law.
14) DISPUTE
This sales contract is subject to Turkish law and will be interpreted in accordance with Turkish law. It has been accepted by the participant that the agency's records are conclusive evidence in case of dispute. It is signed after being read and signed by both parties and their conformity to their will has been exchanged, and Antalya (central) courts and enforcement offices are authorized in case of conflict.
Appendix 1: DETAILED TRIP PROGRAM (BROCHURE) / APPENDIX 2 TOUR REGISTRATION FORM
Cankat Travel Agency Tourism Transportation Real Estate Automotive Hamam Agriculture Food Telstil Trade and Industry Limited Company
Konaklı, Kuyumcu Caddesi No:12, 07400 Alanya/Antalya)
Tel : 02426060646
halalsummer.com