Package Tour Sales Agreement
1. PARTIES AND SUBJECT:
This contract, HALASKARGAZİ CD. SİNAN APT. NO: 6 DAİRE: 3 ŞİŞLİ / İSTANBUL – KİNGS WORLD TRAVEL TURİZM TİCARET LİMİTED ŞİRKETİ
(hereinafter referred to as AGENT) and the consumer purchasing the service in accordance with the Law No. 6502 and Package Tour Agreement Regulation.
Agency Contact Information:
Phone: +90 533 703 6849 Email: info@kingsworldtravel.com
This contract, Tour Registration Form (Voucher) and brochure can be sent remotely with permanent data storage and the employment contract can be established in this way. Contracts and notifications made with the consumer are deemed to be made with the party and all the participants it represents. The Agency cannot be held responsible for incorrect and incomplete participant information.
2. CONTRACT PRICE
2.1) The contract is equal to the amount written on the online tour sales price page, including taxes and all services included in the price in the brochure given to the consumer. Tours and other services other than these are subject to an extra fee.
2.2) All fees and similar payments and price changes related to fees are reflected to the consumer.
2.3) Price change only; Not to exceed 5% of the contract price, provided that the participant is notified in writing or with a permanent data storage at least 10 days before the anticipated departure date:
2.3.1) The price change is caused by extraordinary changes in the exchange rate
2.3.2) Price change due to unusual changes in fuel expenses
2.3.3) It is possible if the price change is due to the changes in the tax, duty, fee and similar legal obligations collected in places such as ports and airports.
3.GENERAL PROVISIONS
3.1 ) In this contract, the CONSUMER article 1.2. It is responsible and responsible for informing the participant that it is a party on behalf of the participants specified in the section, and that it represents and binds them, from the preliminary information provided to it within the scope of the relevant legislation and the contents of the brochure. The CONSUMER who does not fulfill the obligation to provide information is responsible for this. Accordingly, the brochure given to the CONSUMER is deemed to have been given to the participant.
3.2 ) Child discounts are applied if children stay in the same room with their parents as the 3rd or 4th person. Free children do not have beds and seats in the car at the hotel.
3.3 ) Price changes arising from port and airport taxes, duties and other taxes will be reflected to the customer.
3.4 ) The AGENCY is in the position of intermediary between the customer and the transportation vehicles and accommodation facilities, in addition to the care necessary for the said institutions to provide the service at the time and quality specified in the tour program; shows the necessary efforts to eliminate the disruptions caused by force majeure such as political events, strikes, minimum number of passengers, changes in interstate relations, public movements, weather conditions, natural disasters and technical problems and/or events that develop outside the will of the AGENCY, by the relevant institutions. However, the AGENT cannot be held responsible for any problems that cannot be remedied despite this. In this context, the AGENCY cannot be held responsible for malfunctions, accidents and losses that may occur in transportation vehicles and accommodation facilities, and additional costs and liabilities that may arise due to these, regardless of their source, reason and consequences, independently and / or jointly with transportation and accommodation institutions.
3.5) The departure times for the plane, ferry and train journeys specified in the itineraries have been prepared in accordance with the official programs of the relevant institutions. AGENT cannot be held responsible for changes in these hours and date changes. No liability is accepted for damages caused by passengers’ delays. Passengers must request confirmation by phone 2 business days before the travel date and be at the appointment place at the specified times. Otherwise, the AGENT cannot be held responsible for the problems that may arise.
3.6) Passengers are responsible for the availability of visas required for overseas trips. If the AGENT is requested to follow the visa procedures, it is necessary to have a passport valid for at least 6 months and to apply to the AGENT with the necessary documents at least 21 days before the departure date of the tour, to be paid by our customers for the visa and service fee. The AGENCY is only in the position of the AGENCY for visa transactions and has no responsibility in the event that a visa is not issued by the consulates. Our agency is not responsible for any delays or problems that may arise from lack of documents. The date and content of the visa obtained by the AGENT should be checked by the customer. Changes in visa fees until the tour departure date are reflected to our passengers and the differences are collected. In the event that a visa cannot be obtained, the cancellation conditions in the contract are the same.
3.7) Except for the accommodation type specified in the tour program, extra meals and extra-curricular services to be received during the trip and at the hotel will be paid by the customer. In addition, taxes, fees and etc. that should be collected from tourists according to the legislation of the country of destination. Payments belong to the customer. The AGENT is not responsible for any damage, loss and loss that may occur in relation to our customers at the places visited and stayed at the beginning and end of the trip.
3.8) Customers participating in AGENCY trips can purchase travel assurance systems such as optional personal accident insurance and travel insurance for death and permanent disability that may arise from accidents that may occur during travel, through the AGENTA, and can also take out insurance themselves. The CONSUMER accepts in advance that they will not have any claims other than the insurance they have purchased from the AGENCY.
3.9) Regardless of the arrival time at the hotel, settling time in the rooms is 15.00 local time. Regardless of the time of departure from the hotel, the time to vacate the rooms is 12:00 local time.
3.10) The day durations of the tours are given according to the calendar day. The start and end days determine the number of days of the tour, regardless of the time of day.
3.11) If there is a difference between the copy of the reservation registration form left by the CONSUMER and the copy left by the AGENCY, the copy remaining in the AGENCY and the records of the AGENT are taken as basis.
3.12) Passengers are required to have their passports with them at the entrance and exit regarding the formalities at the customs. The CONSUMER is responsible for the possible problems arising from the lack of any treatment related to the passport and the delays and cancellations related to it. In this case, the CONSUMER loses all their rights regarding travel.
3.13) CONSUMER has the right to carry 15 kg of luggage on their travels. The additional fee to be applied by the transport company for baggage other than this standard is paid by the passenger.
3.14) If the CONSUMER carries their valuables, important documents such as identity and passport and money in their luggage, the responsibility belongs entirely to the CONSUMER. Baggage handling rules determined by relevant and official institutions are valid in transportation vehicles. The CONSUMER is responsible for the penalties that arise in case of breaking the rules, and the AGENCY does not bear any responsibility.
3.15) The AGENT is not responsible for the expenses incurred in relation to valuables lost during travel and documents such as passport, identity card, flight ticket, etc.
4. SITUATIONS OF FORCE MAJEURE
4.1) Force majeure events in the laws, situations that occur due to extraordinary and unpredictable events despite taking all necessary care and precautions and that prevent the start, continuation or termination of the package tour, situations where the agency has no influence on the event that occurred. for force majeure.
These cases are;
a) Natural disasters such as earthquakes, fires, volcanic eruptions, floods, storms, hurricanes, fog, avalanches, lightning, and similar situations and events, including but not limited to natural disasters or epidemics, nuclear, chemical disasters or fallout, epidemics, and emergencies
b) In cases of emergency preventing international air, land and sea transportation, in cases of war or mobilization, public uprisings, attacks or terrorist movements, sabotage in the border neighbors or in the countries/cities to be visited within the scope of package tours, at the border gates and/or in the country neighboring the border gate, , riots, occupation and civil war, revolution,
riots, forcible seizures, military coups or seizures of power, civil unrest, industrial disputes, government sanctions, embargo, strikes, lockouts, port closures or occupancy, and any emergencies or situations that may deprive workers of employment
c) Other force majeure situations determined by the parties according to the type of package tour
4.2) In cases where there is force majeure, the AGENCY cannot be held responsible for the damages arising from the failure to perform the contract at all or as required. The AGENCY and its representatives in that location are obliged to provide prompt assistance if the consumer is in a difficult situation.
5. TRANSFER OF AGREEMENT
5.1) In case it is not possible to continue the package tour, the CONSUMER may transfer the contract to a third party who fulfills all the conditions applicable to the package tour, by notifying the AGENCY in writing or with a permanent data store, at least seven days before the start of the tour.
5.2) The transferor and the transferee of the package tour contract are jointly responsible for the payment of the balance against the AGENT and all additional costs arising from the transfer, provided that it is reasonable and does not exceed the actual cost incurred by the AGENT.
6. TERMS AND CONSEQUENCES OF WITHDRAWAL, CANCELLATION AND TERMINATION OF THE AGREEMENT
6.1) If one of the essential elements of the contract changes before the start of the package tour, the consumer may accept this change or may use one of the following optional rights, provided that he/she notifies the AGENCY in writing or with the Permanent Data Storage that he/she does not accept the change.
a) Participate in another tour of equal or higher value offered by the AGENT
b) Participating in a lower value package tour, provided that the price difference is refunded.
c) Withdrawing from the contract without paying any price
6.2) In case of revocation from the contract, the AGENT is obliged to return all the price paid by the CONSUMER to the CONSUMER without any deduction, from the date on which the notification of withdrawal from the contract is received.
6.3) In case the package tour is canceled by the AGENT before the start of the package tour due to a reason not caused by the consumer, the CONSUMER will agree to the contract in 7.1. may exercise the optional rights specified in the article.
6.4) If it is determined that the AGENT does not or cannot fulfill an important obligation after the package tour has started, the AGENCY offers alternative arrangements that do not cause additional costs to the CONSUMER for the continuation of the package tour and compensates the difference between the services offered and the services offered to the CONSUMER. The CONSUMER may withdraw from the contract by not accepting the alternative arrangement. In this case, the AGENT’s right to charge a fee ends and the payments made are refunded within fourteen days at the latest, if the participant has paid cash as of the date of withdrawal from the contract. However, the AGENCY may demand an appropriate compensation from the consumer for the actions it has performed up to that time, as long as it benefits from the service.
6.5) The CONSUMER has the right to terminate the contract unilaterally, provided that the AGENCY is notified in writing or with a permanent data keeper. If this termination is notified at least 30 days before the start of the package tour; Excluding the costs arising from compulsory taxes, duties and similar legal obligations, the price paid is returned to the CONSUMER without any deduction. However, if this termination is notified less than 30 days before the start of the package tour;
40% of the tour price in case of cancellation until 30-21 before the start of the tour
60% of the tour price in case of cancellation until 20-15 before the start of the tour
In case of cancellations made 14 days before the start of the tour, the entire cost of the tour is invoiced to the CONSUMER as compensation for withdrawal.
6.6) Under the conditions stated in 6.5 above, the remaining amount will be refunded to the CONSUMER, after deducting the irrevocable payments made for the package tour they participated in (airplane, hotel, etc.).
6.7) For the consumer or his first degree relatives; Force majeure situations in the laws, severe accidents that prevent the consumer from fulfilling any of the provisions of the ship package tour contract, serious illness requiring treatment, death situations are considered force majeure for the CONSUMER. The consumer has to prove the existence of force majeure with a valid document to be obtained from official institutions.
In case the consumer makes a written or permanent data storage notification less than 30 days before the start of the package tour, due to a situation that he could not foresee and prevent despite all due diligence, or due to force majeure reasons specified in this article, taxes, fees, etc., which must be paid, are obligatory. Except for the costs arising from legal obligations and the costs that can be paid and documented to third parties and are non-refundable, the price paid by the consumer without any deduction is returned to the CONSUMER within 14 days at the latest, from the receipt of the notice of termination to the AGENT.
6.8) The CONSUMER can transfer the tour to the person he/she wants until exactly 7 days before the start of the service. The transferee is responsible for the balance and all costs arising from the transfer together with the transferor. The CONSUMER is obliged to submit all cancellation/transfer requests in writing to the AGENT before the start of the service.
6.9) If the CONSUMER does not notify in writing that he will participate in the service that he missed the beginning of, the AGENCY has the right to cancel all reservations and services made on behalf of the consumer after 24 hours. No refund will be made to the CONSUMER for such cancellations.
6.10) When deemed necessary, the AGENT may cancel the tours announced or registered, in whole or in part, before the start of the service, provided that the CONSUMER is notified. At the same time or during the service, the AGENCY may change the names of the hotels within the scope of the service, transportation vehicles and their places of departure, and the order of visits of the places specified in the program and shown as places to visit. If the CONSUMER does not accept these changes and cancellations for justified reasons, he has the right to cancel the reservation and get a refund of the unconsumed service fees. In this case, cancellation conditions apply. AGENT has the right to transfer its passenger to another agency. The AGENT may change the tour sales price for other tour participants as the tour date approaches.
6.11) In scheduled flights, the penalties and deductions applied by the airline pursuant to the ticket rules for the cancellations of 15 days or earlier are reflected to the consumer exactly. No excuses are valid for cancellations of 15 days or more on scheduled and charter flights, and there is no refund of airfare.
6.12) Compulsory travel insurance, health insurance fee made pursuant to Law No. 1618 In all cancellations and/or changes made by the consumer, this fee is collected from each consumer, even if there are cancellations and date changes more than 30 days before the start of the service.
7. The AGENCY cannot be held responsible for the damages arising from the non-performance of the contract at all or in the event that the breach of contract arises from the following situations:
a) Finding the fault of the CONSUMER.
b) An unexpected and unavoidable behavior of a third party who is not involved in the performance of the contract.
c) Existence of one of the force majeure conditions regulated in article 5 of the contract.
ç) The occurrence of an event that the AGENT or the independent service provider could not foresee and prevent despite all due diligence.
d) The cancellation of the package tour due to the failure to meet the minimum participation stipulated in the organization and the cancellation of the package tour is notified to the CONSUMER in writing or with a permanent data store at least twenty days before the start of the package tour within the period stipulated in the contract.
8. This Agreement, which has been prepared in two copies between the parties, has been read, checked and accepted by the authorities of the parties together with all its annexes. The parties have accepted and confirmed their commitments and acquisitions, which they have mutually accepted, by signing together. He also accepts and undertakes that all legal responsibility belongs to the persons who will participate in the trip and have signed on behalf of the participant whose names are written in this contract, on behalf of the party accepting this contract.
9. In the event that the AGENT does not comply with the contract partially or completely, the provisions of the TÜRSAB Istanbul Schedule will be taken as the basis for calculating the compensation to be paid.
10. This contract, which is arranged in 12 font size, has been drawn up jointly on behalf of myself and the persons whose names are written below, the final version has been read, accepted and approved by me, and a copy of it with all its annexes has been delivered to me via a written / permanent data storage. Within the framework of the Law on the Protection of the Consumer and the Package Tour Agreements Regulation, I have read and understood all the services and qualifications, the sales price and payment method and all the preliminary information about the performance, and the contents and articles of the package tour contract within the scope of the package tour purchased. I accept, declare and undertake that I have been informed. It has been declared to me that I can have optional insurance related to the package tour. This statement is also valid if my reservation procedures were carried out and signed by someone else on my behalf.
Before the signing of this contract, I was informed in writing about the following issues.
a) The name, address and contact information of the local representative of the Travel Agency, and in the absence of these, the name, address and contact information of the local contact point to which the consumer can apply in case of difficulties, the information that the AGENCY can contact as soon as possible in the absence of the local contact point and local representative,
b) The time, location and transportation connections of the intermediate stops, if any, and the characteristics of the transportation vehicle to be used by the passenger,
c) Information regarding the conclusion of an optional insurance contract by the CONSUMER that will cover the costs of cancellation or assistance, including repatriation to his country/city in case of accident or illness.
d) If the information specified in this article in the brochure or contract given to the CONSUMER has not changed, no further information will be given before the journey.
11. This contract, as 11 articles, has been drawn up and signed with the free and free will of the parties by reading all its articles.
KİNGS WORLD TRAVEL TURİZM TİCARET LİMİTED ŞİRKETİ CONSUMER
This contract has been drawn up in English, Arabic, French and Turkish, and the Turkish translation will be taken as a reference in all disputes arising from possible translation problems.