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SALES AGREEMENT

ARTICLE-1 SUBJECT

The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law and the Distance Contracts Regulation regarding the sale and delivery of the product/service with the specifications described below, following the reservation transactions made by the BUYER via the SUGAR OR PROVIDER's website or call center.

The BUYER accepts and declares that they have been pre-informed in an open, clear, and internet-compatible manner by the SUGAR OR PROVIDER about all preliminary information regarding the name, title, address, telephone, and other access information of the SUGAR OR PROVIDER, the main characteristics of the product subject to sale, the sales price including taxes, payment method, etc., the cancellation right and how to use this right, official authorities to which they can submit complaints and objections, and that they have confirmed these preliminary information electronically and/or by telephone or email, and subsequently approved the reservation and the contract under the provisions of this agreement.

SUGAR OR PROVIDER INFORMATION Title: DOER TOURISM (referred to as TURPEREST in the agreement). The address and official contact information are explicitly stated in the header section.

ARTICLE-2 GENERAL PROVISIONS

2.1 The BUYER declares that they have read and informed about the qualifications, sales price, and payment method of the product/service subject to the contract and that they have provided the necessary confirmation in the electronic environment and call center system. The total reservation fee is to be paid at the time of registration. If the entire fee is not paid, the reservation will not be made. However, in the event that a reservation is made despite having a remaining balance for any reason, the Consumer is responsible for the entire reservation fee from the date of registration. In the case of incomplete payment of the reservation fee, TURPEREST reserves the right to cancel the reservation and request all damages incurred from the Consumer. The Consumer has made the purchase knowing this situation.

2.2 The SUGAR OR PROVIDER is responsible for any defective service of the contract subject to service.

2.3 In the case that the service subject to the contract is used by a person other than the BUYER, the SUGAR OR PROVIDER is not responsible for the rejection of performance by that person.

2.4 It is necessary for a signed copy of this contract to be delivered to the SUGAR OR PROVIDER and the fee to be paid by the preferred payment method for the performance of the service subject to the contract. The BUYER, who does not sign and return the contract despite the SUGAR OR PROVIDER sending the contract in accordance with the relevant regulation and this agreement, cannot claim that the agreement does not bind them on the grounds of not signing and sending it; all responsibility lies with them, and they are obliged to pay the contract fee in full. It is sufficient for the SUGAR OR PROVIDER to have sent the contract to the email address provided by the BUYER, and the BUYER cannot claim that the contract was not sent to them or that they did not read the contract.

2.5 If the credit card of the BUYER is used unlawfully by unauthorized persons after the service is performed and the bank or financial institution does not pay the service fee to the SUGAR OR PROVIDER, the BUYER is responsible for the damages incurred.

 ARTICLE-3 SERVICES WHERE THE RIGHT OF CANCELLATION CANNOT BE USED

TURPEREST acts as an intermediary between the service provider and the BUYER. Due to the nature of the service sold by the tour operator, the BUYER does not have the right to cancel in the distance sales made within the scope of this agreement according to the Regulation. The entire amount is collected from the BUYER. The BUYER has accepted this when purchasing the service. Cancellation of accommodation transactions purchased during early booking, special periods (New Year, semester, holidays, etc.), and promotional periods is also not possible. However, if the BUYER has purchased an Early Booking Cancellation Assurance Package along with domestic and Cyprus accommodation during the Early Booking period and Summer offers, actions may be taken under the conditions specified in Article 10. The BUYER acknowledges this and accepts it when purchasing the service. Reservations made with the "non-cancellable" statement cannot have the Early Booking Cancellation Assurance Package offered to guests. In reservations where this statement is present, cancellations, changes, and refunds are not possible. If transportation (plane, bus, transfer, etc.) is purchased in addition to accommodation, there is no refund of transportation fees.

ARTICLE-4 NOTIFICATION

According to Article 6 of the Regulation, the BUYER is obliged to check the information form containing all information related to the service selected during the purchase phase of reservations made through the relevant website and Call Center and digitally confirm this after the sales transaction. Failure to perform the necessary checks and not giving digital confirmation does not make the SELLER responsible. Records of confirmations in the electronic environment are kept.

ARTICLE-5 CANCELLATION- WITHDRAWAL- CHANGES

The SUGAR OR PROVIDER has the right to cancel the contract due to force majeure or situations arising from service providers, hotels to be accommodated, or third parties that prevent the start or continuation of the service, even if they have shown all due diligence. They must inform the BUYER of this situation as soon as possible. In this case, the BUYER has no right to compensation. In such cases, the SUGAR OR PROVIDER is obliged to refund the amount received from the person or entity they purchased the service from or to whom they acted as an intermediary. They cannot be held responsible for the refund of any amount they could not receive.

5-1- The BUYER is obliged to notify any requests for reservation cancellation, changes, and guest additions or removals in writing.

5-2- The travel agency can cancel the trip if the required number of confirmed bookings is not reached or due to force majeure, three days before the departure date; in this case, the consumer has no right to compensation.

5-3- If the consumer requests cancellation or modification up to 30 days before the start of the trip, they will receive a full refund according to the package tour regulation.

5-4- If the consumer requests to cancel or change the trip 30-16 days before the start, they agree to pay 10% of the trip fee; if they request it 15-7 days before, they agree to pay 35% of the trip fee; for less than 7 days, they accept to pay the entire fee to TURPEREST. In reservations made within 7 nights or less before the start of the service, there are no rights to cancel, refund, or change.

5-5- If the consumer wants to cancel the Early Booking Discounted Product purchased during the discount sales period without having taken the cancellation guarantee package, they agree to pay the entire trip fee to TURPEREST for any reason.

5-6- If the consumer wants to make a date change for any reason in an Early Booking Discounted Product purchased during the discount sales period, they accept that the reservation change will be made at the list prices applicable at that time without the discount.

5-7- If the consumer misses the start of the trip and does not notify in writing that they will join later, the travel agency has the right to cancel all reservations made on behalf of the consumer after 24 hours. In such cancellations, no fee refund is made to the consumer, and the remaining payment must be made by the consumer to the agency.

5-8- Force majeure: Unfavorable weather conditions, road blocks, strikes, terrorism, war, the likelihood of war, unforeseen technical matters that prevent the start or continuation of the trip are accepted as force majeure by the parties. The illnesses or deaths of the consumer or their first-degree relatives that prevent their regular employment for 10 days must be documented by official reports from state authorities to be considered force majeure.

5-9- The travel agency may partially or completely cancel the tours it has announced or registered up to 3 days before the start of the trip if it deems necessary. During the same period, it can change the names of the hotels, transportation vehicles, and their departure places included in the trip, and the order of the places shown in the program for the visit. If the consumer does not accept these changes and cancellations, they have the right to cancel their reservation and receive a full refund for the amount paid. In this case, the consumer does not have the right to compensation.

5-10- The travel agency can collaborate with its partner agencies in cases where it does not reach the sufficient number of participants for the tour you will attend. The main services the consumer receives from partner agencies include hotel accommodation, transportation, and guiding services.

5-11- Responsibilities for negative situations such as the guide’s issues during the tour with partner agencies lie with the partner agency.

5-12- Responsibilities for breakdowns of vehicles rented by the agency or partner agency lie with the carrier company.

ARTICLE-6 MUTUAL RIGHTS AND OBLIGATIONS

6.1 The SUGAR OR PROVIDER is obliged to notify the BUYER of any possible cancellation notifications in writing as soon as possible.

6.2 The provisions of this agreement entered into between the SUGAR OR PROVIDER and the BUYER at the time of registration have been read by the BUYER, who requests and accepts that registrations for themselves and other persons receiving the same service must be made under the same conditions. The BUYER/BUYERS are jointly and severally liable for the payment of the contract amount. The BUYER agrees that they are also a party to this contract on behalf of those indicated in the Voucher and that they are responsible for informing them of the preliminary information provided under the relevant legal regulations. The BUYER is responsible for any damages arising from not fulfilling the obligation to inform. In this regard, the information provided to the BUYER is considered provided to the participants.

6.3 If the BUYER refuses the performance claiming that the service purchased is defective, they are obliged to immediately notify the SUGAR OR PROVIDER and the accommodation facility in writing, along with documents proving the defect. Otherwise, the BUYER is considered to have accepted the performance and to have used the service. No refund will be made. The full amount will be collected from them. The BUYER’s obligation to report complaints during the performance of the service in writing to the authorized person is a good faith obligation.

6.4 Situations that were not present or foreseen at the time of signing the contract, which develop outside the control of the parties and make it impossible for one or both parties to partially or fully fulfill their debts and responsibilities or to fulfill them on time will be considered as force majeure (natural disasters, war, terrorism, uprisings, changing regulatory provisions, confiscation, strikes, lockouts, significant malfunctions in production and communication facilities, etc.). If the force majeure makes the contract impossible to execute, the party affected must immediately and in writing inform the other party about the situation. If the BUYER requests the termination of the contract due to force majeure, the SUGAR OR PROVIDER will exert every effort to refund the amount required. In cases where force majeure exists, if the BUYER requests a cancellation, the SUGAR OR PROVIDER is obliged to refund the amount received from the person they purchased the service from or to whom they acted as an intermediary. They cannot be held responsible for the refund of any amount they could not receive.

6.5 The Seller or provider must fulfill their obligations within the promised time frame. If the Seller or provider fails to fulfill this obligation, the consumer may terminate the contract. In the event of the termination of the contract, the seller or provider must refund all payments collected within fourteen days from the date of receipt of the termination notification to the consumer together with the legal interest determined in accordance with Article 1 of the Law on Legal Interest and Default Interest dated December 4, 1984, and must return any valuable papers and similar documents that put the consumer in debt. In cases where the Seller/Provider’s obligation under this agreement becomes impossible, they must notify the consumer with written notice or a permanent data storage medium within three days of learning this situation and refund all payments received within a maximum of fourteen days from the date of notification.

6.6 Before the contract is established, for any additional payment request beyond the agreed essential price, the expressed consent of the consumer must be obtained.

6.7. Turkish citizens can enter into TRNC with a T.C. Identification Card. It is recommended to enter with a T.C. Identification Card as there may be issues with entering Greece later when entering with a passport.

ARTICLE-7 CONFIDENTIALITY

The information provided by the BUYER in this agreement and the information reported to the SUGAR OR PROVIDER for payment purposes will not be shared with third parties by the SUGAR OR PROVIDER. The SUGAR OR PROVIDER can only disclose this information within the framework of the existence of administrative/legal obligations. Credit card information is never stored; credit card information is only used to securely transmit to the banks for collection processing and is deleted from the system after authorization. Necessary information and notification under the Law on the Protection of Personal Data have been provided to the BUYER, and measures required under the KVKK have been taken properly by the SUGAR/PROVIDER.

 ARTICLE-8 INFORMATION REGARDING PAYMENT WITH BANK CARD

1.      a) The contracting party, SUGAR OR PROVIDER does not conduct any installment sales within its own structure.

2.      b) The prices given to the BUYER are cash prices, and all installments can be made from the credit cards obtained by the BUYER from various banks without applying any maturity difference at the request of the BUYER. All transactions regarding sales made with credit cards are carried out between the owner of the card BUYER and the bank where the card is linked, and the SELLER OR PROVIDER has no right or liability in these transactions. In sales made in foreign currency, exchange rate differences may occur within the contracts between cash payments and single or split payments according to the agreements made with the banks. All transactions regarding sales made with credit cards are carried out between the owner of the Participant and the bank where the card is linked, and TURPEREST has no right to intervene in these transactions.

3.      c) The BUYER using credit cards for payments must inform the bank of their requests for early payment, reduction of installments, etc., and make the payments at the bank-designated branches.

4.      d) In the case that the BUYER cancels the service purchased with credit card for any reason, the SELLER OR PROVIDER will refund the amount collected from the BUYER back to their credit card. The responsibility of the SELLER OR PROVIDER is limited to this. All subsequent transactions occur between the bank and the BUYER, and the SELLER OR PROVIDER has no right or liability regarding these. In refunds related to installment payments, the bank rules apply, and in cases where refunds are made to the card in installments, the SELLER OR PROVIDER has no obligation or possibility to intervene. This matter needs to be resolved between the bank and the credit card owner.

5.      e) In purchases made with credit cards, the campaigns of the relevant bank valid at the time will apply, along with their associated cancellation and return conditions.

6.      f) In any refund situations regarding the relevant service, legal refund processes will be followed.

 

ARTICLE-9 COMPETENT COURT

All consumer courts of the Republic of Turkey, Consumer Arbitration Committees, and other legally authorized institutions are authorized to resolve all disputes arising from this agreement. Consumers can submit their complaints and objections within the monetary limits determined by the Ministry each year in December to the Consumer Problems Arbitration Committee or Consumer Court, where the consumer resides or where the goods or services were purchased.

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, excluding transportation fees, totaling less than 30,000 TRY.

10.1- Consumers who purchase the Early Booking Cancellation Assurance Package may cancel their reservations unconditionally and without deductions up to 72 hours before the check-in date.

10.2- The Early Booking Cancellation Assurance Package does not cover any requests for date or name changes on the same product. In the case of change requests, the existing product will be canceled under the Early Booking Cancellation Assurance Package, and a new reservation will be opened for the requested new date, product, or names under the current conditions.

10.3 The Early Booking Cancellation Assurance Package can be purchased within three days from the date of the reservation. It cannot be purchased from the 4th day onwards.

10.4 The amount collected for the Early Booking Cancellation Assurance Package will not be refunded in cases of cancellation requests, nor can the sold Early Booking Cancellation Assurance Package be canceled.

10.    5- All airline ticket reservations made together with hotel/tour accommodations (including promotional and eco class) are not covered by the Early Booking Cancellation Assurance Package, and the cancellation conditions and practices of the relevant airline company apply. The charges for the Early Booking Cancellation Assurance Package will be collected based on the accommodation and/or other services, excluding air and/or bus transportation costs. The flight/bus transportation cost is excluded from the Early Booking Cancellation Assurance Package applications.

 ARTICLE-11 GENERAL PROVISIONS

11-1- Each consumer participating in the tour has the right to bring and take back 2 suitcases that do not exceed the size of 50 cm x 70 cm in any trips. All responsibility for the suitcases and their contents lies with the owners.

11-2- Smelly, leaking, flammable, or explosive items or items that disturb the environment, as well as cutting, piercing, and firearms, and all types of animals, cannot be brought into vehicles and accommodation facilities without the explicit written permission of the Travel Agency. The presence of identification or licenses does not change this situation.

11-3- In the event of loss or damage of the consumer's baggage or belongings, if it results from the Travel Agency staff's GROSS NEGLIGENCE, half of the total cost of the trip related to transportation will be paid by the Travel Agency as compensation for the lost or damaged baggage or belongings, regardless of their material and moral value and any other attributes. The Travel Agency is responsible for all losses, damages, and theft of goods that are declared with their values and delivered to it in writing by the consumer, up to the cost of transportation for the trip.

11-4- VISA PROCEDURES and SERVICES are not included in the purchased service. The travel agency has no commitment for securing a visa. It is the guest's liability to meet the visa and passport requirements of the relevant country to be traveled.

11-5- The travel agency's possible tour cancellation notifications can be made either individually to each consumer or generally through advertisements in two widely circulated newspapers in Turkey.

11-6- The travel agency is responsible for changes that occur after the start of the purchased tour program. The travel agency may compensate the consumer for manifestly detrimental changes during the trip or after the trip according to the TÜRSAB KÜTAHYA TABLE rules, either through service or monetary refunds, as applicable. Accepting and utilizing additional or substitute services provided during the trip by the consumer will nullify their rights to refunds and compensations.

11-7- If the consumer leaves the purchased tour or claims that the accommodation service was defective, they are obliged to notify the authorized person of the Travel Agency and the hotel where they are accommodated in writing, along with the reasons. Otherwise, the consumer is considered to have left the tour and used the service.

11-8- The consumer's use of the purchased tour program, despite complaints, will void their rights to compensation claims such as alternative services or monetary refunds for the issues complained about.

11-9- The provisions of this agreement entered into at registration between the travel agency and the consumer have been read, and they have signed under the request and acceptance of registrations for themselves and other individuals they declare will participate in the same trip under the same conditions.

11-10- Consumers participating in the trip who do not have a signature in the agreement are deemed responsible for any legal claims due to excess amounts paid by the Travel Agency to consumers whose staking is conducted by them for their participation, despite not having signed the agreement. Those participating in this trip acknowledge the agreement terms through catalogs and announcements and accept to participate in the trip under these terms.

11-11- The Travel Agency acts as an intermediary with consumers participating in the trip, hotels, carrier companies, and all other entities providing services related to the trip. Therefore, it does not directly bear any responsibility for delays, failures, gliding, fog, storm, snowfall, and other weather conditions, road blocks, route changes, and all other delays, damages from accidents, insufficient or faulty services from accommodation facilities, as the Travel Agency does not have the status of an operator. Therefore, the Travel Agency shall not be liable as the primary perpetrator in these situations. In such cases, the consumer will primarily pursue compensation for losses and damages from the main responsible parties, and may approach the Travel Agency for monetary claims that could not be recovered from the primary responsible parties.

11-12- In matters not mentioned in this agreement, the provisions of law No. 1618, 4077, 4288, 2634, the IATA, IHA, UFTAA conventions, Civil Aviation Law, Code of Obligations, Commercial Code, international treaties to which Turkey is a party and the regulations, directives, and announcements issued based on them, as well as the internationally recognized Frankfurter Table applicable in Turkey, will apply.

The voucher and package tour agreement prepared in two copies has been prepared, read, checked and accepted by the parties, with all its appendices by authorized representatives of the parties. The parties have mutually accepted, committed, and confirmed their obligations and implementable terms under the agreement. They also confirm that they accept the entire legal liability for the individuals whose names are written in this agreement on behalf of those who signed this voucher and agreement.

COMPLAINTS ABOUT SERVICE DEFECTS: In case of providing defective or faulty services, the TÜRSAB ARBITRATION BOARD is competent.

The BUYER has the right to object or withdraw within 24 hours after the distance sales contract has been declared to them in digital or physical form. If no objection is made within 24 hours, the provisions of the distance sales contract are deemed accepted by the BUYER.

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