DISTANCE SALES AGREEMENT
ARTICLE-1 SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in relation to the sale and delivery of the product/service specified below, regarding the reservation transactions made by the BUYER through the internet site or call center of the SELLER OR PROVIDER, in accordance with the provisions of the Consumer Protection Law and the Regulation on Distance Contracts.
The BUYER accepts and declares that he/she has been pre-informed by the SELLER OR PROVIDER about their name, title, address, phone number and other contact details, the basic features of the product subject to sale, sales price including taxes, payment method, etc., and all preliminary information regarding the product/service, the exercise of the right of withdrawal and how to exercise this right, complaints and objections, and the official authorities where they can send their grievances, in a clear, understandable, and internet-appropriate manner, that he/she has confirmed this information electronically and/or via phone or email, and subsequently approved the reservation and the contract in accordance with the provisions of this agreement.
MY LIKYA Mavi Tur Tourism Organization Transport Construction Food Trade Industry Import Export Limited Company (hereinafter referred to as AGENCY in the agreement). The address and official contact information are clearly stated in the header section.
ARTICLE-2 GENERAL PROVISIONS
2.1 The BUYER declares that he/she has read and is aware of all preliminary information regarding the product/service subject to this agreement, its qualities, sales price, and payment method, and has confirmed the necessary information electronically and in the call center system. The full reservation fee must be paid at the time of registration. If the entire fee is not paid, the reservation is not made. However, in cases where a reservation is made despite having an insufficient balance for any reason, the Consumer is responsible for the entire reservation fee from the registration date. In the event of insufficient payment of the reservation fee, the AGENCY will cancel the reservation and request all damages incurred due to the cancellation from the Consumer. The Consumer has made this purchase knowingly.
2.2 The SELLER OR PROVIDER is responsible for any defects in the service that is the subject of 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 responsible for that person's refusal to perform.
2.4 The signed copy of this agreement must be delivered to the SELLER OR PROVIDER and the fee must be paid through the chosen payment method for the execution of the service subject to this agreement. The BUYER cannot claim that the agreement is not binding on him/her on the grounds that he/she did not sign and return the agreement after it was sent by the SELLER and/or PROVIDER according to the relevant regulations and this agreement; all responsibility lies with the BUYER, and he/she is obliged to pay the agreement price in full. It suffices for the SELLER/PROVIDER to have sent the agreement to the email address provided by the BUYER, and the BUYER cannot claim that the agreement was not sent to him/her or that he/she did not read the agreement.
2.5 If the BUYER's credit card is used unlawfully or illegally by unauthorized persons after the service has been performed, and the relevant bank or financial institution does not pay the service fee to the SELLER OR PROVIDER, the BUYER is responsible for any damages incurred.
ARTICLE-3 SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The AGENCY acts as an intermediary between the service provider and the BUYER. Due to the nature of the services sold by the tour operator, there is no right of withdrawal for the BUYER in distance sales made under this agreement according to the Regulation. The total fee is collected from the BUYER. The BUYER accepts this when purchasing the service. Reservations made during early booking, special periods (New Year, semester, holidays, etc.), and promotional periods cannot be canceled. However, if the BUYER has purchased an Early Booking Cancellation Guarantee Package along with domestic and Cyprus accommodation during the early booking period or summer opportunities, transactions may be carried out under the conditions specified in Article 10. The BUYER has accepted and agreed to this. Reservations purchased at the indicated prices with the “non-cancelable” clause cannot offer the Early Booking Cancellation Guarantee Package to the guest. In reservations where this statement is included, cancellation, changes, and refunds are not permitted. Additionally, if transportation (plane, bus, transfer, etc.) is purchased aside from accommodation, there will be no refund of transportation fees.
ARTICLE-4 INFORMATION
According to Article 6 of the Regulation, the BUYER is obliged to check and confirm the information form containing all the details regarding the service selected by him/her during the reservation made through the relevant internet site and Call Center. The SELLER is not responsible in case of failure to perform the necessary checks and provide digital approval. Records of the confirmations made electronically are kept.
ARTICLE-5 CANCELLATION - WITHDRAWAL - CHANGES
The SELLER OR PROVIDER may cancel the contract in situations caused by force majeure or situations arising from service providers, hotels to be stayed at, or third parties that prevent the commencement or continuation of the service, despite having shown all necessary diligence. The BUYER must be informed of this situation as soon as possible. In this case, the BUYER has no right to compensation. In such cases, the SELLER OR PROVIDER is obliged to refund the amount obtained from the person or institution it purchased the service or mediated to the BUYER. It cannot be held responsible for refunds of amounts it could not obtain.
5-1- The BUYER is obliged to notify any requests for reservation cancellations, changes, and inclusion/removal of persons in writing.
5-2- The travel agency may cancel the trip if the required number of passengers for the trip is not achieved or due to force majeure, up to 3 days before the travel date, in which case the consumer has no right to compensation.
5-3- If the consumer requests cancellation/change 30 days before the start of the trip, the full amount will be refunded in accordance with the package tour regulations.
5-4 If the consumer requests cancellation/change within 30-16 days before the start of the trip, he/she accepts to pay 10% of the trip fee, and if he/she requests cancellation/change 15-7 days before, he/she accepts to pay 25% of the trip fee, while if requested less than 7 days before the start, he/she accepts to pay the full amount to the AGENCY. There is no right to cancel, refund, or change reservations made within 7 nights or less before the start of the service.
5-5 If the consumer wants to cancel an Early Booking Discounted Product purchased during a discount sales period without the cancellation assurance package, he/she accepts to pay the full amount to the AGENCY for any reason.
5-6 If the consumer wants to make any date changes to the discounted early booking product purchased during a discount sales period, it is accepted that changes will be made at the list prices valid at the time of the request.
5-7 If the consumer fails to notify the travel agency in writing that he/she will attend the trip they missed, the travel agency has the right to cancel all reservations made on behalf of the consumer 24 hours later. In such cancellations, no refund will be made to the consumer.
5-8 Force majeure: Events such as adverse weather conditions, road obstacles, strikes, terrorism, war, the possibility of war, unforeseen technical issues that prevent the commencement or continuation of the trip are deemed as force majeure by the parties. The illnesses or deaths of the consumer or first-degree relatives that prevent regular activities for 10 days must be documented by official reports from state authorities to be considered force majeure.
5-9 The travel agency may cancel tours that are announced or booked by the 3 days prior to the start of the trip. During the same period, it may also change the names of the hotels included in the tour, the means of transport and their departure locations, and the order of places shown as visited in the program. 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. In this case, the consumer has no right to compensation.
ARTICLE-6 MUTUAL RIGHTS AND OBLIGATIONS
6.1 The SELLER OR PROVIDER is obliged to notify the BUYER of possible cancellation notifications in writing as soon as possible.
6.2 The provisions of this agreement, which is concluded between the SELLER OR PROVIDER and the BUYER at the time of registration, have been read by the BUYER, and the BUYER has accepted and approved that the registrations of other persons receiving the same service for whom he/she has registered will be made under the same conditions. The BUYER/BUYERS are jointly and severally responsible for the payment of the agreement price. The BUYER acknowledges that they are a party to this agreement on behalf of the participants specified in the Voucher and is obliged and responsible for informing them of the content of the preliminary information provided to them within the relevant legal framework. The BUYER who fails to fulfill this obligation is responsible for all damages arising therefrom. In this regard, the information given to the BUYER is deemed to have been provided to the participant.
6.3 If the BUYER claims that the service they have purchased is defective and refuses acceptance, he/she is obliged to immediately notify this situation in writing to the SELLER OR PROVIDER and the accommodation facility, along with documents proving the defect. Otherwise, the BUYER is considered to have accepted the performance and used the service. No refund will be made. The total fee is collected from him/her. The BUYER’s good faith obligation requires him/her to notify the relevant authority of the matters complained about during the performance of the service.
6.4 Situations that arose or were unforeseen at the time of signing the agreement, which prevent one or both parties from partially or completely fulfilling their obligations and responsibilities under the agreement, including natural disasters, wars, terrorism, insurrections, changing legal regulations, confiscation, strikes, lockouts, significant malfunctions in production and communication facilities, etc., will be considered as force majeure. The party experiencing a force majeure event must immediately notify the other party in writing. If the BUYER wishes to terminate the agreement due to force majeure, the SELLER OR PROVIDER will do its best to refund the fee. In cases where force majeure applies, if the BUYER has submitted a cancellation request, the SELLER OR PROVIDER is obliged to refund the amount obtained from the person or institution it purchased the service or mediated to the BUYER. It cannot be held accountable for amounts it could not obtain.
6.5 The Seller or Provider is obliged to fulfill its obligations within the stipulated time. In the event that the Seller or Provider fails to fulfill this obligation, the consumer may terminate the contract. In the case of termination of the contract, the seller or provider is obliged to return all payments collected within fourteen days from the date the termination notice reaches them, along with the legal interest determined according to Article 1 of the Law on Legal Interest and Default Interest No. 3095 dated 4.12.1984, and return all valuable documents and similar documents that may have indebted the consumer. In cases where the performance undertaken by the SELLER/PROVIDER becomes impossible, it is obliged to notify the consumer in writing within three days from the date it learned of this situation and refund all collected payments within fourteen days from the date of notification.
6.6 Before the contract is established, it is necessary to obtain the consumer's explicit consent for any additional charges beyond the agreed principal amount arising from the contractual obligation.
6.7. Turkish citizens can enter K.K.T.C. with the Turkish ID card. In cases of entry with a passport, issues may occur later during entry into Greece; therefore, it is recommended to enter with the Turkish ID card.
ARTICLE-7 CONFIDENTIALITY
The information provided by the BUYER in this agreement and the information he/she provides to 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 scope of administrative/legal obligations. Credit card information is not stored; it is only used during the collection process to safely transmit data to the relevant banks for obtaining authorization and is deleted from the system after the authorization.
Necessary information and clarification regarding the Personal Data Protection Law were provided to the BUYER, and necessary measures in accordance with the KVKK have been taken by the SELLER/PROVIDER.
ARTICLE-8 NOTIFICATION ABOUT PAYMENTS MADE BY BANK CARD
a) The SELLER OR PROVIDER does not conduct installment sales under any circumstances.
b) The prices given to the BUYER are cash prices, and all installments are made on credit cards obtained from various banks upon the request of the BUYER without any additional charge applied by the SELLER OR PROVIDER. All transactions related to sales made with credit cards take place between the BUYER, the cardholder, and the issuing bank of the card, 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 occur in cash payments or single installments based on the agreements in place in the respective bank credit cards. All transactions related to sales made with credit cards take place between the BUYER, the cardholder, and the issuing bank, and the AGENCY has no right or responsibility to interfere in these transactions.
c) A BUYER who uses a credit card to purchase a service must notify the bank regarding early payment, installment reduction, etc., and make payments to the branches specified by the bank.
d) If the BUYER cancels a service purchased with a credit card for any reason, the SELLER OR PROVIDER will refund the amount charged to the BUYER's credit card. The SELLER OR PROVIDER’s liability is limited to this. All subsequent transactions occur between the bank and the BUYER, and the SELLER OR PROVIDER has no right or responsibility to intervene. For refunds related to installment payments, the bank’s rules apply, and in the case of installments being refunded to the card, the SELLER OR PROVIDER has no obligation or possibility to intervene. This matter needs to be resolved between the bank and the credit cardholder.
e) For purchases made with credit cards, the applicable campaigns and related cancellation and refund conditions in effect at the time of sale are valid.
f) In any refund situations related to the relevant services, legal refund procedures will be followed.
ARTICLE-9 COMPETENT COURT
All disputes arising from this agreement will be resolved by all Consumer Courts in the Republic of Turkey and other institutions authorized by the law. BUYERS may submit their complaints and objections to the Consumer Problems Arbitration Boards or the Consumer Court located where the BUYER purchased the goods or services or where they reside, within the monetary limits determined by the Ministry each year in December.
ARTICLE-10 CANCELLATION ASSURANCE PACKAGE NOTIFICATION
The Early Booking Cancellation Assurance Package applies to reservations made for a minimum of 3 nights and a maximum of 30 nights for early booking products, excluding transportation fees, amounting to less than 30,000 TL.
10.1- Consumers who purchase the Early Booking Cancellation Assurance Package can cancel their reservations unconditionally and without deduction up to 72 hours before their check-in date.
10.2- The Early Booking Cancellation Assurance Package does not cover requests for date or name changes on the same product. In cancellation requests, the existing product will be canceled under the Early Booking Cancellation Assurance Package, and new reservations will be made based on the current conditions for the requested new date, product, or names.
10.3 The Early Booking Cancellation Assurance Package must be purchased within a maximum of 3 days from the reservation date. The package cannot be purchased after the 4th day.
10.4 Refunds for cancellation requests made will not include any fees paid for the Early Booking Cancellation Assurance Package, nor can the purchased Early Booking Cancellation Assurance Package be canceled.
10. 5- All airline ticket reservations made in conjunction with hotel/tour accommodations (including promotions and eco-class) are not covered by the Early Booking Cancellation Assurance Package, and the cancellation conditions and practices of the respective airline apply. Transportation fees are excluded from the pricing of the Early Booking Cancellation Assurance Package, which is based on accommodation and/or other services. Transportation fees are excluded from the Early Booking Cancellation Assurance Package application.
ARTICLE-11 GENERAL PROVISIONS
11-1- Consumers participating in the tour have the right to carry and retrieve 2 suitcases, not exceeding 50cm x 70cm in size, in all trips. All responsibility for the suitcases and their contents lies with the owners.
11-2- Objects that smell, leak, are flammable or explosive in nature, or cause discomfort to others, as well as sharp, piercing, or fiery weapons, and any animals are not allowed on means of transport and accommodation facilities without explicit and written permission from the Travel Agency. The presence of identification or permits does not change this situation.
11-3- In the event of loss or damage to the consumer's luggage or belongings, if it is caused by the negligence of the travel agency personnel, the value of the lost or damaged luggage or belongings, considering their material and moral value, shall be paid to the consumer based on half of the total trip fee allocated for transportation. The Travel Agency is responsible for all losses of belongings declared in writing with their values.
11-4- VISA PROCEDURES and SERVICES are not included in the purchased service. The travel agency has no obligation to procure visas. It is the passenger's responsibility to meet the visa and passport requirements of the country to be traveled.
11-5- Possible notifications regarding the cancellation of the tour by the travel agency may be made individually to each consumer, or generally announced through the publication of two high-circulation newspapers in Turkey.
11-6- The travel agency is responsible for any changes that occur after the start of the tour. The travel agency may compensate for changes that are obvious to be adverse to the consumer and harmed by providing a refund or service compensation in accordance with the TURSAK KÜTAHYA TABLE regulations during or after the trip, even through additional services not included in the price. The consumer's acceptance of, or use of, such additional or compensatory services removes their rights to refunds and compensation.
11-7- If the consumer departs from the tour or accommodation service claiming it is defective, they must inform the travel agency representative and the hotel in writing, including their reasons for leaving. Otherwise, the consumer will be deemed to have taken the tour and used the service.
11-8- If the consumer complains about the purchased tour program but continues to use it until the end, their rights for compensation such as compensation and refund for the issues they complained about will be nullified.
11-9- The provisions of this agreement, which are concluded at the time of registration, have been read by the consumer, and they have accepted and agreed to register under the same conditions for the other persons they informed would participate in the same trip.
11-10- Consumers who do not have a signature on this agreement but participate in the tour are responsible for any claims and actions against the Travel Agency from the consumers they appointed to register on their behalf, including any amount paid by the Travel Agency to the consumers due to disagreements or obligations under this document. The consumers participating in this tour, even if they have not signed, acknowledge that they have learned the terms of this agreement through catalogs and announcements and accept to participate under these terms.
11-11- The travel agency is an intermediary for consumers participating in the tour, hotels, transport companies, and all other third parties providing services related to the trip. Therefore, the parties acknowledge that the travel agency is not primarily liable and is not directly responsible for any issues arising from the delay of vehicles due to the participants not being present at the designated departure times, delays of land, air, and sea transportation, breakdowns, fog, storms, blizzards, and other weather conditions, road obstacles, changes in routes, strikes, terrorism, war, potential war, or similar force majeure situations, personal errors of the transport operator or third parties, or unforeseen technical issues. In these cases, the consumer must primarily pursue their claims for damages against the main perpetrators, and only if the amounts cannot be collected from them will they apply to the travel agency for compensation.
11-12- In matters not specified in this agreement, the provisions of Law No. 1618, Law No. 4077, Law No. 4288, Law No. 2634, IATA, IHA, UFTAA Convention, Civil Aviation Law, TCC, BK, the International Agreements to which Turkey is a party and the regulations, directives, general notices, and announcements derived from them, as well as the provisions of the TURSAK Kütahya Table, which apply in Turkey, shall be applied.
This voucher and package tour agreement, prepared in dual copies, has been prepared, read, checked, and accepted by the authorized representatives of the parties, along with all its annexes. The parties have mutually accepted and confirmed their obligations and commitments by signing below. It has also been acknowledged that the person representing the participants named in this agreement has full legal responsibility towards them.
COMPLAINTS ABOUT SERVICE DEFECTS: In the case of defective or faulty service, the TÜRSAB ARBITRATION BOARD is authorized.
The BUYER has the right to object or withdraw from this distance sales agreement within 24 hours after it has been communicated to him/her digitally or physically. If there is no objection made within 24 hours, it is deemed that the BUYER has accepted the provisions of the distance sales agreement.
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