SALE AGREEMENT
ARTICLE-1 SUBJECT
The subject of this agreement is to determine 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 whose qualities are specified below, in the reservation transactions made by the BUYER through the website of the SELLER OR PROVIDER or via call center.
The BUYER accepts and declares that they have been pre-informed by the SELLER OR PROVIDER regarding the name, title, full address, phone and other contact details of the SELLER OR PROVIDER, main qualities of the product being sold, selling price including taxes, payment method, etc., all preliminary information regarding the product/service subject to sale and the right of withdrawal, how to exercise this right, official authorities where complaints and objections can be submitted, etc. and that they have confirmed this information electronically and/or via phone or email, thereafter approving the reservation and the contract in accordance with the provisions of this agreement.
SELLER OR PROVIDER INFORMATION Title: KZY GRUP (hereinafter referred to as TURPERİSİ in the agreement.) The address and official contact information are clearly stated at the header section.
ARTICLE-2 GENERAL PROVISIONS
2.1 The BUYER declares that they have read and understood all preliminary information regarding the nature of the product, service, sale price and payment method and that they have provided the necessary confirmation in the electronic environment and call center system. The entire reservation fee is payable 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 an incomplete 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, TURPERİSİ may cancel the reservation and claim all damages arising from the cancellation from the Consumer. The Consumer has made the purchase transaction knowingly under this situation.
2.2 The SELLER OR PROVIDER is responsible for any defect in the service subject to the contract.
2.3 In the event that the service subject to the contract is used by a person other than the BUYER, the SELLER OR PROVIDER is not liable for the non-acceptance of performance by that person.
2.4 For the performance of the service subject to the agreement, the signed copy of this agreement must be delivered to the SELLER OR PROVIDER, and the fee must be paid in the preferred payment method. The BUYER, who does not sign and return the agreement despite the SELLER OR PROVIDER sending the agreement in accordance with the relevant regulations and this contract, cannot claim that the agreement does not bind them on the grounds that they did not sign and return it, and they are fully responsible for the agreement and are obliged to pay the fee in full. It is sufficient for the SELLER/PROVIDER to send the agreement to the email address provided by the BUYER, and the BUYER cannot claim that the agreement was not sent to them or that they did not read the agreement.
2.5 If, after the performance of the service, the credit card of the BUYER is used fraudulently or unlawfully by unauthorized persons and the related bank or financial institution does not pay the service fee to the SELLER OR PROVIDER, the BUYER is responsible for the damages incurred.
ARTICLE-3 SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
TURPERİSİ is an intermediary between the service provider and the BUYER. The nature of the service sold by the tour operator causes the BUYER to have no right of withdrawal under this agreement in distance sales as stipulated by the Regulation. The entire fee is collected from the BUYER. The BUYER has accepted this by purchasing the service. Reservations made for early booking, special periods (New Year, semester, holidays, etc.), and promotional periods cannot be canceled. However, if the BUYER has purchased an Early Reservation Cancellation Guarantee Package along with domestic and Cyprus accommodation during the Early Reservation period and Summer opportunities, the transaction can be processed within the conditions specified in Article 10. The BUYER acknowledges and accepts this when purchasing the service. Regarding reservations that include the "non-cancelable" clause, the Early Reservation Cancellation Guarantee Package cannot be offered to the guest. For reservations with this statement, cancellations, changes, and refunds are not allowed. In addition to accommodation, if transportation (plane, bus, transfer, etc.) is purchased, there are no refunds for transportation fees.
ARTICLE-4 INFORMATION
According to Article 6 of the Regulation, the BUYER is obliged to control and digitally approve the information form, which contains all details regarding the selected service’s date, price, product, concept, etc., during the purchase process of the reservation made through the relevant website and Call Center. If the necessary controls are not performed and digital approval is not given, the SELLER is not responsible. Approval records are kept in the electronic environment.
ARTICLE-5 CANCELLATION- WITHDRAWAL- CHANGES
The SELLER OR PROVIDER may cancel the agreement due to force majeure or situations arising from the service providers, hotels to be stayed in, or third parties that hinder the start or continuation of the service, even after exercising all due diligence. This must be communicated to the BUYER as soon as possible. In this case, the BUYER does not have the right to compensation. In such cases, the SELLER OR PROVIDER is obliged to refund the amount received from the person or institution it purchased or intermediated the service from. It cannot be held responsible for the refund of the amount it could not receive.
5-1- The BUYER is obliged to communicate all requests for reservation cancellation, changes, and adding or removing persons in writing.
5-2- If the travel agency cancels the trip due to insufficient registered passengers or force majeure 3 days before the departure date, the consumer has no right to compensation.
5-3- If the consumer requests cancellation or change 30 days before the start of the trip, 100% of the fee will be refunded according to the package tour regulation.
5-4 If the consumer, except for documented illnesses or deaths of themselves or first-degree relatives, requests cancellation or change 30-16 days before the start of the trip, they agree to pay 10% of the trip fee, and if the request is made 15-7 days before, to pay 35% of the trip fee, and if within less than 7 days, to pay the entire fee to TURPERİSİ. No cancellation, refund, or change rights exist for reservations made within 7 nights or less of the service start.
5-5 If the consumer has purchased an Early Reservation Discount Product during the discount sales period without purchasing a cancellation guarantee package, they agree to pay the entire trip fee to TURPERİSİ for cancellation for any reason.
5-6 If the consumer wishes to change the date of their purchase of an Early Reservation Discount Product during the discount sales period for any reason, they agree that the reservation change will be made at list prices applicable on that date without discounts.
5-7 If the consumer does not notify in writing of their intention to join a trip they have missed, the travel agency has the right to cancel all reservations made on behalf of the consumer within 24 hours. In such cancellations, no refunds are made to the consumer, and the remaining payment is payable by the consumer to the agency.
5-8 Force majeure: Adverse weather conditions, roadblocks, strikes, terrorism, war, war threats, unforeseeable technical issues that hinder the start or continuation of the trip are accepted as force majeure by the parties. Documented illnesses or deaths of the passenger or first-degree relatives are also considered force majeure.
5-9 The travel agency may cancel the tours it has announced or registered until 3 days before the start of the trip. Within the same period, it may change the hotel names included in the trip, means of transportation and their departure points, and the order in which the places indicated in the program will be visited. If the consumer does not accept these changes and cancellations, they have the right to cancel the reservation and receive a full refund. In this case, the consumer does not have the right to compensation.
5-10 In the event that the travel agency does not reach the required number of participants for your trip, it can conduct a joint operation with the agencies it partners with. The main services purchased by the consumer from the partner agencies are hotel accommodation, transportation, and guiding services.
5-11 The responsibilities of the guide regarding any issues are the responsibility of the partner agency.
5-12 The responsibilities for the malfunction of vehicles rented by the agency or partner agency are the responsibility of the carrier company.
ARTICLE-6 MUTUAL RIGHTS AND OBLIGATIONS
6.1 The SELLER OR PROVIDER is obliged to notify the BUYER of any cancellation notifications as soon as possible in writing.
6.2 The parties have agreed that the terms of this agreement, which are concluded at the time of registration between the SELLER OR PROVIDER and the BUYER, have been read and approved by the BUYER, who requests and accepts the registration of the other persons who will take the same service under the same conditions. The BUYER/BUYERS are jointly and severally responsible for the payment of the agreement fee. The BUYER acknowledges that they are also a party on behalf of the participants indicated in the Voucher and that they are obliged to inform them of the preliminary information conveyed to them under the relevant legal legislation. The BUYER is liable for all damages arising from failure to fulfill the obligation to inform. In this regard, the information provided to the BUYER is deemed to have been provided to the participants.
6.3 If the BUYER refuses the performance on the grounds that the service purchased is defective, they are obliged to immediately notify the SELLER OR PROVIDER and the accommodation facility in writing, along with evidence of the defect. Otherwise, the BUYER will be deemed to have accepted the performance and used the service. No refund will be made. The entire amount will be collected from them. The BUYER should provide their complaints about issues to the authorized person in writing during the service’s performance as a good faith BUYER’s due diligence.
6.4 Situations that are not present or foreseen at the time the agreement is signed and that impede one or both parties from partially or entirely fulfilling their obligations and responsibilities under the agreement due to circumstances outside their control will be considered force majeure (natural disasters, wars, terrorism, riots, changes in legislative provisions, seizure, strikes, lockouts, significant technical breakdowns in production and communication facilities, etc.). If a force majeure event prevents the fulfillment of the agreement, the party it occurs in must immediately and in writing inform the other party. If the BUYER wishes to terminate the agreement due to a force majeure situation, the SELLER OR PROVIDER will make every effort to refund the amount. In the existence of force majeure, if the BUYER requests cancellation, the SELLER OR PROVIDER is obliged to refund the amount received or acted as an intermediary, but cannot be held responsible for the refund of the amount they could not collect.
6.5 The seller or provider is obliged to fulfill their commitments within the stipulated period. If the seller or provider fails to fulfill this obligation, the consumer may terminate the contract. In the event of termination of the contract, the seller or provider is obliged to return all collected payments, including the legal interest determined by Article 1 of the Law on Legal Interest and Default Interest No. 3095 dated 04.12.1984 and any valuable documents and similar documents that may have bound the consumer within fourteen days from the date of receipt of the termination notice. In cases where the performance imposed on the SELLER/PROVIDER by this agreement has become impossible, the seller or provider is obliged to notify the consumer in writing within three days of becoming aware of this situation and refund all payments collected within a maximum of fourteen days from the date of notification.
6.6 Before the contract is established, in order to be able to demand any additional fee beyond the agreed base fee arising from the obligations of the contract, the explicit consent of the consumer must be obtained.
6.7 Turkish citizens can enter the TRNC with a Turkish Identity Card. In situations where entry is made with a passport, problems may be encountered in future entries into Greece; thus, it is recommended to enter with a Turkish Identity Card.
ARTICLE-7 PRIVACY
The information provided by the BUYER in this agreement and the details shared with the SELLER OR PROVIDER for payment purposes will not be shared with third parties by the SELLER OR PROVIDER. The SELLER OR PROVIDER may disclose this information only within the framework of administrative/legal obligations. Credit card information is not stored, only during the collection process are these details securely transmitted to the relevant banks for authorization, and they are deleted from the system after authorization. The necessary information and notification regarding the Law on the Protection of Personal Data have been provided to the BUYER, and the necessary measures have been taken by the SELLER/PROVIDER in accordance with the relevant legal regulations.
ARTICLE-8 INFORMATION ON PAYMENTS MADE WITH BANK CARDS
1. a) The SELLER OR PROVIDER associated with this agreement does not conduct installment sales in any way within its organization.
2. b) The prices provided to the BUYER are cash prices, and all installment payments are made without any interest applied by the SELLER OR PROVIDER to the credit cards obtained by the BUYER from various banks upon request. All transactions related to sales made with credit cards occur between the owner of the card, the BUYER, and the bank to which the card is linked, and the SELLER OR PROVIDER has no right or responsibility to intervene in these transactions. For sales made in foreign currency, exchange rate differences may arise in cash payments or single or installment payments based on the agreements with the respective banks regarding the credit cards. All transactions related to sales made with credit cards occur between the card owner, the BUYER, and the bank to which the card is linked, and TURPERİSİ has no right or responsibility to intervene in these processes.
3. c) The BUYER who purchases a service with a credit card is obliged to notify the bank of any requests for early payment, installment reduction, etc. and to make payments to the branches of that bank as determined by the bank.
4. d) The SELLER OR PROVIDER will refund the amount received back to the BUYER’s credit card when the BUYER cancels the service purchased with a credit card for any reason. The responsibility of the SELLER OR PROVIDER is limited to this. All subsequent transactions take place between the bank and the BUYER; hence, the SELLER OR PROVIDER has no right or responsibility to intervene in these matters. In refunds related to payments made in installments, the bank rules apply, and if the refunds are made to the card in installments, the SELLER OR PROVIDER has no obligations or opportunities for intervention. This situation needs to be resolved between the bank and the credit card holder.
5. e) In purchases made with a credit card, the promotion and related cancellation and refund conditions of the relevant bank in effect on that date are applicable.
6. f) In cases of refunds related to the relevant service, legal refund processes will be followed.
ARTICLE-9 AUTHORIZED COURT
All disputes arising from this agreement will fall under the jurisdiction of all Consumer Courts and Consumer Arbitration Boards authorized by the Law of the Republic of Turkey. BUYERS may submit their complaints and objections within the monetary limits determined by the Ministry annually in December to the Consumer Problems Arbitration Board or the Consumer Court in the place where the BUYER purchased the goods or services or where their residence is located.
ARTICLE-10 CANCELLATION GUARANTEE PACKAGE INFORMATION
The Early Reservation Cancellation Guarantee Package is valid for reservations made during Early Reservation products between 3 and 30 nights, excluding transportation fees, if the total is below 30,000 TL.
10.1- Consumers who purchase the Early Reservation Cancellation Guarantee Package can cancel their reservations unconditionally and without deductions until 72 hours before the entry day.
10.2- The Early Reservation Cancellation Guarantee Package does not cover requests for date or name changes on the same product. In change requests, the existing product will be canceled under the Early Reservation Cancellation Guarantee Package, and a new reservation will be made for the requested new date, product, or names under the prevailing conditions of the day.
10.3 The Early Reservation Cancellation Guarantee Package must be purchased no later than 3 days from the reservation date in exchange for its cost. The package cannot be purchased after the 4th day.
10.4 In refunds due to cancellation requests, the collected fee for the Early Reservation Cancellation Guarantee Package is non-refundable, and the purchased package cannot be canceled.
10. 5- All airline ticket reservations made with hotel/tour accommodation (including promotions and eco class) are not covered by the Early Reservation Cancellation Guarantee Package, and the cancellation conditions and practices of the relevant airline apply. In calculating the fee for the Early Reservation Cancellation Guarantee Package, the accommodation and/or other service fees are based, excluding the costs for air and/or bus transportation. The Early Reservation Cancellation Guarantee Package does not include air/bus transportation fees.
ARTICLE-11 GENERAL PROVISIONS
11-1- Consumers participating in the tour have the right to carry and bring back 2 pieces of luggage not exceeding dimensions of 50cm x 70cm, and if traveling by plane, a 15 kg baggage allowance. All responsibility for the luggage and its contents lies with the owner.
11-2- Smelly, leaking, flammable, or explosive items, or any items that disturb the environment, as well as cutting, piercing, and firearms, and any animals are not allowed on the transportation vehicles and accommodation facilities without the explicit written permission of the Travel Agency. The presence of identification or license does not change this situation.
11-3- In the event of loss or damage to the consumer's luggage or belongings, if such loss or damage is due to the TRAVEL AGENCY's GROSS NEGLIGENCE, the consumer will be compensated for the material and moral value of the lost or damaged luggage or belongings, taking into account their values, up to half of the total transportation fee of the trip. The Travel Agency will not be liable for any loss, damage, or theft of items declared in writing by the consumer, regardless of their values, for any liabilities above the transportation fee of the trip.
11-4- Visa procedures and services are not included in the purchased service. The Travel Agency does not undertake to obtain visas. It is the guest's responsibility to meet the visa and passport requirements for the relevant country.
11-5- Possible notifications of tour cancellations must be made individually to each consumer by the Travel Agency or can be announced generally in two high-circulation newspapers published in Turkey.
11-6- The Travel Agency is responsible for any changes occurring after the start of the trip related to the tour program purchased by the consumer. The Travel Agency may, against the consumer, who has clearly suffered and been harmed by changes that reduce their rights, compensate either in monetary or service refund according to the TÜRSAB CATALOGUE OF KÜTAHYA, as well as through additional services not included in the price offered to the consumer during the trip or after the trip. Acceptance and use of additional or substitute services by the consumer eliminate their rights for refund of fees and compensations.
11-7- If the consumer leaves the tour or accommodation services citing defects, they are obliged to write to the Travel Agency authorized representative stating the reasons for leaving. Otherwise, the consumer will be deemed to have departed the tour and accepted the service.
11-8- If the consumer uses the tour program they purchased despite their complaints, their rights to claim refunds or compensations for the complained issues are void.
11-9- The terms of this agreement, which are concluded during registration between the travel agency and the consumer, have been read and accepted by the consumer, who has also requested and consented to the registration of other individuals they indicated to participate in the same trip under the same conditions.
11-10- Consumers who do not have signatures on the agreement but partake in the agreed trip shall hold their designated representatives responsible for any legal actions and payments towards the Travel Agency, and if the Travel Agency has to settle any payments or compensations beyond these contractual terms, the Travel Agency preserves its right of recourse for excess amounts paid to those consumers.
11-11- The Travel Agency serves as an intermediary for consumers who have registered for the trip with hotels, carriers, and other third-party service providers involved in the trip. Therefore, in the event that the consumer does not arrive at the scheduled departure times, delays, malfunctions of land, air, and sea vehicles due to the aforementioned circumstances, roadblocks, force majeure incidents, or other unpredictable technical issues, the Travel Agency will not bear any direct responsibility as primary offenders. Consumers are aware that the Travel Agency will not be directly liable for these matters. In such disruptions, consumers will primarily seek compensation directly from primary offenders, and will only approach the Travel Agency for any unrecoverable amounts under the principle of non-faulty liability.
11-12- In matters not specified in this agreement, the provisions of the 1618 C.C., 4077, 4288, 2634 C.C. laws, IATA, IHA, UFTAA Convention provisions, Civil Aviation Law, T.C.C., T.B.L., and international agreements to which Turkey is a part, along with the regulations, directives, and notices enacted pursuant to these provisions, and the TURKISH CHART of TÜRSAB is applicable.
This voucher and package tour agreement prepared in two copies has been completed and accepted by both parties, including all attachments, and has been signed after being read and checked. The parties confirm that they have accepted their mutual obligations and responsibilities by signing. They acknowledge that they legally assume all responsibilities towards those who accept this voucher and agreement on behalf of the passengers named in this agreement.
COMPLAINTS REGARDING SERVICE DEFECTS: In the case of providing defective or faulty service, the TÜRSAB ARBITRATION BOARD is the competent authority.
Upon declaration of this distance sales contract to the BUYER in digital or material form, the BUYER has the right to object or withdraw within 24 hours. If no objection is raised within 24 hours, the provisions of the distance sales contract are deemed accepted by the BUYER.
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