ARTICLE 1 – SUBJECT:
This agreement was concluded about tourism service sold to the consumer by Tourever Travel as stated with below mentioned features and sales price between Balsun Organizasyon Danışmanlık Turizm Tic. Ltd.Şti. located in Merkez Mah. Kocamansur Sokak Çağdaş Apt. No:133 D:2 Şişli/Istanbul (hereinafter it is referred to as TOUREVER TRAVEL) and below detailed consumer(s).
This Agreement includes the services as stated in the Voucher, Tour Programme and Certificate of Receipt which are annex and integral part of the agreement.
ARTICLE 2 – DETAILS OF AGENCY:
Corporate Title: Balsun Organizasyon Danışmanlık Turizm Tic. Ltd.Şti.
Name of Agency: TOUREVER TRAVEL
Address: Merkez Mah. Kocamansur Sokak Çağdaş Apt. No:133 D:2 Şişli/Istanbul
Telephone: +90 212 2348055
ARTICLE 3 – DETAILS OF CONSUMER:
Name / Surname:
Turkish Identity No. / Passport No.
Consumer is responsible for providing these details and recording them into the agreement correctly. Agency is not responsible for the results (eg. Airline penalty etc.) which may arise from notifying identity details erroneously.
ARTICLE 4– DETAILS OF SERVICES SUBJECTING TO AGREEMENT:
Contract price is ……………………………. TL and …………………. in foreign currency including VAT.
This price includes all services as stated in the Voucher. Hotel entrance and exit dates, tours, periods, transportation details, accommodation condition are also as stated in the Voucher. Tours and services other than these are subject to extra price.
Consumer may renege on the agreement after the notification. In this case, cancellation conditions are valid or consumer accepts the additional agreement stating the amendments made and its effect on the price.
ARTICLE 5 – PAYMENTS
30 % of the total price is collected as prepayment during acceptance of reservation and the remaining balance should be paid 7 days prior to date of departure. Otherwise, it is assumed that the consumer waives getting the service, and the reservation made is cancelled and then, 30 % of the tour price is invoiced as forfeit money to the consumer.
In case of special product, reduced price and early reservation services, the consumer is obliged to pay whole of service charge on the reservation date. Service charge shall be determined by calculating delay interest, exchange difference and interest amounts separately in the payments with credit card.
Child discounts vary according to nature of the service. In case it is understood that declared characteristics (age etc.) are not correct during the reservation of children who are free or discounted in accordance with the criteria determined by transportation, accommodation, restaurant and other service providers, payment shall be also made immediately and completely for these children by the guest and all kinds of compensations shall be made.
ARTICLE 6 – CANCELLATION – WAIVER – CHANGES
1. In the event that consumer waives getting service until 7 days before start of trip (start date of trip is not regarded), whole of paid charge is returned.
2. In case of cancellation-change requests at the times less than 7 days before start of trip, consumer agrees and undertakes to pay whole of trip charge as forfeit money.
3. In the event that it is failed to reach sufficient number of persons who will join the tour, the airline cancels the flight, it is failed to perform tour on the days as stated in the agreement because of any time, day and track change as well as in case of force majeure such as unforeseen disasters, strikes, security-threatening issues, declared or registered tours may be cancelled partially or completely until 7 days prior to start of trip. In such a case, consumer is entitled to accept return of whole charge.
4. In case of cancellations of scheduled flights within and prior to 15 days, penalties and deductions imposed by the airline are reflected to the consumer exactly in accordance with ticket rules. In case of cancellations of Scheduled and Chartered flights within or after 15 days, any excuse is not valid and any airfare is not refundable. In case the last day of this period coincides with national holidays and vacation days, the period may not be extended to the next business day. Even if consumers, who have not paid whole service charge within determined periods for whatever reason, cancel their reservations, they shall be deemed to have accepted in advance that the charge at the same rate shall be collected from them subject to above mentioned limits.
5. In the event that the consumer is not possible to continue package tour or to lodge in accordance with hotel reservation, the consumer can transfer his/her own reservation to any third party who shall fulfill all valid conditions in terms of package tour by notifying his/her intention to Los Picos Travel at least 7 days prior to date of departure. In this case, the persons who transfer and take over package tour or accommodation reservation are severally responsible for paying balance amount and all additional expenses arising from such transfer to TOUREVER TRAVEL.
6. In the event that the consumer does not notify in writing that he/she shall joint the trip that he/she has escaped from the beginning, Tourever Travel is entitled to cancel all reservations made on behalf of the consumer within 24 hours after start of trip. In such cancellations, any refund to the consumer is not made.
7. Above mentioned cancellation/refund conditions are not valid for the tours stated as “PROMOTION” or “EARLY RESERVATION” and it is not possible to cancel or change. Money shall not be refunded.
ARTICLE 7 – FORCE MAJEURE
Force majeure stipulated in the laws, the cases arising from extraordinary and unpredictable events although due diligence is exercised completely, and preventing to start, continue or cancel the package tour as well as cases that Agency does not have any influence on emerged event are considered as force majeure for TOUREVER TRAVEL.
In the cases where force majeure is available, TOUREVER TRAVEL may cancel, change and postpone the package tour. TOUREVER TRAVEL may not be held responsible for changes or delays which may arise therefor. In this case, the consumer does not have any right to compensation.
In the force majeure cases stipulated in the law for the consumer or his/her first degree relatives, as well as any severe accident, serious disease that requires treatment, and death which shall prevent the consumer to fulfill any provision of package tour agreement, these are considered as force majeure for CONSUMER. Consumer is obliged to prove the existence of force majeure through a valid certificate to be obtained from public enterprises.
In such cases which are considered as force majeure for the Consumer, Agency undertakes to refund the remaining balance to consumer after official fees, taxes and necessary expenses are deducted.
Consumer is entitled to apply for an insurance company in accordance with force majeure from the insurances under the scope of travel insurance.
ARTICLE 8 – GENERAL PROVISIONS
1. In the event that TOUREVER TRAVEL considers necessary, it is entitled to change accommodation, means of transport, ordering of tour points, departure times and destinations under the scope of service by giving notice to the consumer in compliance with the standards stated in the programme. The tour programmes provided during registration are example programmes. Organization dates and places of extra tours stated in the tour programmes may be changed. Extra tours are not compulsory obligations to be fulfilled for TOUREVER TRAVEL. Consumer may not claim that he/she has joined the tour because of existence of extra tours.
2. Consumer(s), who do/does not have signature in the agreement but join/s the trip subjecting to agreement, are deemed to have accepted and undertaken provisions of agreement after consumer(s), who they have appointed for registration on their behalf, have signed this agreement. Even if consumers, who join this trip, have not signed it, they have been informed about terms of this agreement, which shall be valid between the parties, from brochure of Tourever Travel, website of Tourever Travel and advertisements and have agreed to join the trip under terms of this agreement. Consumer is not entitled to cancel the tour for this reason. Customer, who has tour registration made for multiple persons, is obliged to perform all obligations as a party of the agreement.
3. In the event that consumer abandons started tour because the service is defective, consumer is obliged to give written notice that he/she abandons the tour with its reasons to official of agency and accommodated hotel. Otherwise, consumer is deemed to have abandoned the tour for personal reasons, not for defective service and is considered to have purchased and used the service. Giving written notice about complaints to the official by the consumer during performance of service is bona fide duty of care of the consumer. In case consumer uses the service to the end although consumer has complaints, it eliminates compensation rights such as substitute service and refund concerning complained issues.
4. TOUREVER TRAVEL is in the position of intermediary between consumers, who purchase service, and hotels, transport companies and all kinds of third parties and legal entities providing other services related to trip and is obliged to notify any changes which may occur within 24 hours. In case of any discruption or accident, consumer shall claim and collect material and moral damages primarily from principals, in case consumer fails to collect any claim from principal completely, consumer can apply to the Travel Agency if it has any legal responsibility.
5. Rooms are not delivered to the consumers before 02:00 PM on the day of arrival to hotel and ship. Consumers should evacuate the rooms at the latest until 11:00 AM on the day of departure from hotel. Extra bed standard may be different in triple rooms.
6. Payments are made in cash or in advance by credit cards of the banks and/or in installments by credit cards of the banks which do installments. In the event that payment is not made in the sales by credit card, consumer is addressed to the bank with which credit card agreement is signed, and interest rates to be applied by the bank are valid. Therefore, Tourever Travel is not the addressee. Payments made in Euro are traded on the exchange rate set by free market or the company.
7. TOUREVER TRAVEL may not change prices and conditions stipulated in the service agreement. However, this provision is not applied in the price changes which arise from fees and taxes such as port and airport landing taxes and exchanges rates. Any price increase, which may arise from above mentioned reasons, is notified to the consumer before providing the service. In this case, consumer exercises right to renege on the agreement without paying any compensation or accepts additional agreement stating changes and influence on the price obviously. In the event that consumer reneges on the agreement, in case TOUREVER TRAVEL can provide any substitute service to him/her, the consumer may exercise one of rights such as receiving another equivalent service or reneging on the agreement by recovering whole amount paid under the scope of agreement (within 8 days).
8.TOUREVER TRAVEL is responsible for changes which occur after service purchased by the consumer starts. TOUREVER TRAVEL may compensate obvious changes damaging and against the consumer as return of amount or service to the consumer by calculating the compensation during or after the trip in accordance with Association of Turkish Travel Agencies (TURSAB) Chart Provisions (TURSAB CHART FOR EVALUATION OF TOURISM CONSUMER DEMANDS) as well as may reimburse with additional services which are not included into the price and are provided to the consumer during the service. Receiving, using or consuming additional or substitute services by the consumer eliminates refund and compensation rights of the consumer.
Agency is not responsible for loss of rights which may arise in case consumer supplies flight ticket through mile or against fee out of Agency in the services cancelled by the agency.
ARTICLE 9 – INSURANCE CLAUSES
1. Passengers, who purchased service from TOUREVER TRAVEL, are under the coverage of Compulsory Package Tour Liability Insurance including coverages for failure to fulfill the undertaking arranged in accordance with Law on Travel Agencies No. 1618 and failure to provide the service as undertaken. In case of cancellations made by the consumer, even if there are cancellations and date changes within 7 days prior to start of tour, this amount is collected from each consumer.
2. Compulsory Package Tour Liability Insurance has above mentioned coverages and does not provide travel, health and assistance services to the consumers. Travel assurance package insurance including travel, health and assistance services may be requested from TOUREVER TRAVEL for a fee. Scope of coverage concerning deficient or defective performance, damage and losses of travel insurance service purchaser or consumers within travel insurance package has been determined with the policy of insurance company which provides this service. Agency does not bear any responsibility concerning content, scopes and manner of application of these coverages.
ARTICLE 10 – OTHER PROVISIONS
1. Provisions of relevant legislation in force, IATA, IHA, UFTAA Convention provisions, Civil Aviation Act, international treaties in which Turkey is a party, By laws, Regulations, circulars and Communiqués enacted accordingly shall apply for the issues which are not written in this agreement. In case of disputes which shall arise from the agreement, Arbitration Board of Association of TURSAB is authorized, and procedures of this board are valid.
2. Consumer is responsible for accuracy of names declared in the agreement (with written form in the passport).
3. This package tour agreement issued as two copies between the parties was issued as double-sided with voucher and then, read, negotiated, controlled and signed together. If there is any discrepancy between the copy of the agreement kept by the consumer and its copy kept by the agency, it shall be based on copy records kept by the Agency.
This Agreement, which consists of 10 articles, was negotiated in a detailed manner and signed in two (2) copies by the parties and shall enter into force on signature date. This agreement consists of 6 pages including VOUCHER. I read and understood the agreement on behalf of all persons whose names and surnames are stated in the VOUCHER and agreed it by taking delivery of one copy.
On behalf of service receivers and all persons mentioned in the VOUCHER
TRAVEL AGENCY CONSUMER (Travelling customer)
Name Surname: Name Surname: