Service Agreement
ARTICLE 1-SUBJECT MATTER:
The subject of the contract includes the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the protection of the consumer - Regulation on the procedures and principles for the execution of distance contracts relating to the sale and provision of the service, the qualifications and sale price of which are set out below, which the travel agency sells to the consumer by electronic means via the website www.turkeycityhotels.com.
ARTICLE 2-GENERAL PROVISIONS:
2.1- The CONSUMER acknowledges that he has read and taken note of all the preliminary information on the qualifications of the service, the selling price and the method of payment, as well as the performance of the product covered by the contract, and that he has given the required confirmation electronically.
2.2- The travel agency is liable to the consumer for the defective contractual service.
2.3- In the event that the relevant bank or financial institution fails to pay the service fee to the travel agency after the service has been provided due to the unfair or unlawful use of the consumer's credit card by unauthorized persons in a manner that is not the fault of the travel agency, the consumer shall be liable for the service fee and the damage incurred.
ARTICLE 3 - CANCELLATION - REVOCATION
3.1.1 The travel agency may cancel or postpone the trip 24 hours before the departure time if the required number of passengers has not been registered and/or if adverse weather conditions, roadblocks, strikes, terrorism, fog, possible acts of war, unforeseeable technical problems and all cases of force majeure prevent the start or continuation of the trip despite all due care. In this case, the consumer is not entitled to compensation.
3.2 A- If the consumer requests cancellation up to 15 days before the start of the service, the full amount paid will be refunded.
B- The consumer accepts and undertakes to pay 35% of the travel price to the travel agency if he cancels the contract 15-7 days before the start of the service, although he does not exercise his right of withdrawal within the withdrawal period, and the full amount if he withdraws less than 7 days before the start of the service. Changes made by the consumer shall be considered as cancelations.
C- In the event of cancellation/transfer of the discounted service, the consumer accepts and undertakes to pay 35% of the service fee to the agency up to exactly 7 days before the start of the service and the full service fee after 7 days.
D-For special products, if the consumer cancels up to 60 days before the start of the service, the full amount of the fee paid up to that point will be refunded. If the consumer cancels the contract 59-31 days before the start of the trip, he agrees and undertakes to pay 25% of the amount of the trip, if he cancels the contract 30-15 days before the start of the trip, 50% of the amount of the trip, if he cancels the contract 14-07 days before the start of the trip, 75% of the amount of the trip, if he cancels less than 7 days before the start of the trip, he agrees and undertakes to pay the full amount of the trip to the travel agency.
E- An exception to the cancellation/transfer provisions is written notification by the consumer that he or his first-degree relatives are ill or deceased and that he or his first-degree relatives are unable to travel 10 days before the start of the trip, accompanied by an official report from a state hospital.
3.3 The consumer may transfer the trip to any person up to exactly 7 days before the start of the trip. The transferee is liable for the remaining amount and all costs arising from the transfer together with the transferor. The consumer is obliged to submit all withdrawal or transfer requests to the travel agency in writing before the start of the trip.
3.4 In the event that the consumer does not notify the travel agency in writing that he will participate in the service whose commencement he has missed, the travel agency has the right to cancel all reservations and services made on behalf of the consumer after 24 hours. In the event of such cancellation, the consumer will not be refunded.
3.5 In cases where the travel agency deems it necessary, it may partially or completely cancel the announced or registered trips before the start of the service, provided that the consumer is informed. During the same period or during the service, the travel agency may change the names of the hotels included in the service, the means of transport and their departure points, the order of visiting the places indicated in the program and designated as places to be visited. If the consumer does not agree with these changes and cancelations for legitimate reasons, he has the right to cancel his booking and receive a refund of the unused service fees.
3.6 Cancellations of trips by the travel agency may be communicated to each consumer individually or announced on the website. The consumer agrees to this situation in advance.
ARTICLE 4 - GENERAL PROVISIONS:
1-The entire responsibility for the luggage and its contents lies with the owner. The consumer is obliged to comply with the laws and customs applicable to the vehicle and the establishment to be transported.
2- In the event of loss or damage to the luggage due to gross negligence on the part of the supplier; if the consumer causes the supplier to issue a loss or damage report, the travel agency shall pay the consumer half of the portion of the total travel price attributable to the transportation as material and moral compensation for the lost goods and luggage, regardless of the material and moral value and other properties and characteristics of the items contained in the luggage. The travel agency is liable for the loss, damage and theft of the goods received, by declaring them in writing with their value, up to the amount of the transportation costs of the trip.
3- VISA procedures and services are not included in the purchased service.
4- The travel agency is responsible for the causes that are not due to force majeure, for the situation that the consumer is responsible for and for the situations arising from the personal responsibility of third parties that occur after the start of the service it has taken over. In the cases within the responsibility of the travel agency, the travel agency may compensate the changes to the consumer in the form of compensation or refund of the service to the consumer in accordance with the provisions of the TÜRSAB Kütahya Table, as well as compensate the additional and/or alternative arrangements that are not included in the price and are provided to the consumer during the service. The fact that additional or substitute services have been purchased, used or consumed by the consumer eliminates the consumer's rights to reimbursement and compensation.
5- The consumer agrees that the guide, the establishment and the transport vehicle authority will comply with the rules announced by the guide, the establishment and the transport vehicle authority in relation to the service purchased; he accepts that he respects the life, property and tranquility of third parties, otherwise he may not receive the service for legitimate reasons and has no right of return.
6- If the consumer cancels the reservation on the grounds that the service provided is defective, he/she must inform the agency official and the hotel where he/she is staying in writing of the reasons for canceling the contract. Otherwise, he shall be deemed to have received and used the service.
7- The bona fide consumer is obliged to cooperate with the travel agency and notify it in writing during the provision of the service that the consumer complains about.
8- Those consumers who do not have a signature on the contract but participate in the service subject to the contract shall be deemed to have agreed to and bound by the provisions of the contract upon reading and approval of this contract by the consumer(s) they have instructed to register on their behalf.The travel agency reserves the right to take recourse against other consumers in order to recover the overpaid amount or service fee from the consumer(s) signed in the contract.
9- In accordance with Article 12 of Law 1618; If the service of the package tour is purchased, the cases in which the package tour cannot be provided or can only be provided incompletely are covered by insurance. The coverage is up to the amount of the package tour price.
10- If the consumer wishes, he/she can insure the costs of the return journey to the place of departure and all kinds of accidental damages and treatment costs before the start of the package tour and/or accommodation service in case of accident or illness.
11- In the event of partial or total non-fulfillment of the contract by the travel agency, the articles of the TURSAB KÜTAHYA CHART shall be applied when calculating the compensation to be paid.
ARTICLE 5 COMPETENT COURT:
The Consumer Protection Courts and Arbitration Courts of Istanbul are authorized to decide on disputes arising from the execution of the present contract.
The consumer is deemed to have accepted all the terms and conditions of this contract.