Distance Sales Agreement

DISTANCE SALES AGREEMENT

ARTICLE-1 SUBJECT

 The subject of this agreement is the determination of the rights and obligations of the parties, pursuant to 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 characteristics are specified below, in reservation transactions made by the BUYER electronically through the website belonging to the SELLER OR SUPPLIER or via the call center.

 The BUYER accepts and declares, in accordance with the provisions of this agreement, that they have been informed in advance by the SELLER OR SUPPLIER in a clear, understandable manner appropriate to the internet environment regarding the name, title, full address, telephone and other contact information of the SELLER OR SUPPLIER, the basic characteristics of the product subject to sale, the sales price including taxes, the payment method, etc., all preliminary information regarding the product/service subject to sale, the exercise of the right of withdrawal and how this right may be exercised, the official authorities to which complaints and objections may be submitted, etc., and that they have confirmed this preliminary information electronically and/or by telephone or e-mail, and have subsequently approved the reservation and the agreement.

SELLER OR SUPPLIER INFORMATION Title: ALV VIP Transfer  (Referred to as the AGENCY in this agreement.) Güven Mahallesi 347 sokak no:2/1 D:3 Buca İzmir Phone: 0541 263 62 25 Its address and official contact information are clearly stated in the letterhead section.

ARTICLE-2 GENERAL PROVISIONS

2.1 The BUYER declares that they have read and are informed of all preliminary information regarding the characteristics of the product or service subject to the agreement, the sales price, the payment method and the price, and that they have given the necessary confirmation electronically and through the call center system. The entire reservation fee is paid at the time of registration. If the full amount is not paid, the reservation will not be made. However, if a reservation is made for any reason despite an outstanding balance, the Consumer is responsible for the entire reservation fee as of the registration date. In the event of incomplete payment of the reservation fee, the AGENCY shall cancel the reservation and claim from the Consumer all damages arising from the cancellation. The Consumer has made the purchase with knowledge of this situation.

 2.2 The SELLER OR SUPPLIER is responsible for any defect in the service subject to the agreement.

2.3 If the service subject to the agreement is used by a person other than the BUYER, the SELLER OR SUPPLIER is not responsible for that person's refusal to accept the performance.

2.4 For the performance of the service subject to the agreement, the signed copy of this agreement must have been delivered to the SELLER OR SUPPLIER and the fee must have been paid via the preferred payment method. A BUYER who fails to sign and return the agreement, despite the SELLER and/or SUPPLIER having sent the agreement in accordance with the relevant regulation and this agreement, may not argue that the agreement is not binding on them on the grounds that they did not sign and return it; all responsibility rests with the BUYER, who is obliged to pay the agreement fee in full. It is sufficient for the SELLER/SUPPLIER to have sent the agreement to the e-mail address provided by the BUYER, and the BUYER may not claim that the agreement was not sent to them or that they did not read it.

2.5 If, after the performance of the service, the relevant bank or financial institution fails to pay the service fee to the SELLER OR SUPPLIER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, the BUYER is responsible for the resulting damages.

 

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 service sold by the SERVICE PROVIDER Tour operator, pursuant to the Regulation, the BUYER has no right of withdrawal in distance sales made under this agreement. The entire fee is collected from the BUYER. The BUYER has purchased the service accepting this. Accommodation purchased during early booking, special periods (New Year, semester break, religious holidays, etc.) and promotional periods also cannot be cancelled. However, if the BUYER has purchased the applicable Early Booking Cancellation Guarantee Package together with domestic or Cyprus accommodation within the scope of the Early Booking period and Summer deals, transactions may be carried out under the conditions specified in Article 10. The BUYER has purchased the service knowing and accepting this. For reservations made at prices marked “Non-cancellable”, the Early Booking Cancellation Guarantee Package cannot be offered to the guest. For reservations bearing this statement, no reservation cancellation, change or refund can be made. If transportation (flight, bus, transfer, etc.) is purchased in addition to accommodation, transportation fees are non-refundable.

ARTICLE-4 INFORMATION

Pursuant to Article 6 of the Regulation, for reservations made through the relevant website and Call Center, the BUYER is obliged to check and digitally approve, immediately after the sales transaction, the information form containing all information such as date, price, product, concept, etc. regarding the service selected at the time of purchase. The SELLER is not responsible for the failure to carry out the relevant checks or to provide digital approval. Records of approvals are kept electronically.

 

ARTICLE-5 CANCELLATION- WITHDRAWAL- CHANGES

The SELLER OR SUPPLIER may cancel the agreement in cases of force majeure preventing the commencement or continuation of the service despite having exercised all due care, or in situations arising from service providers, hotels where accommodation will take place, or third parties. This situation must be notified to the BUYER as soon as possible. In this case, the BUYER has no right to compensation. In such cases, the SELLER OR SUPPLIER is obliged to refund to the BUYER the amount it was able to recover from the person or organization from which it purchased or brokered the service. It cannot be held responsible for refunding amounts it could not recover.

5-1- The BUYER is obliged to notify all reservation cancellation, change and person addition/removal requests in writing.

5-2- The travel agency may cancel the tour up to 3 days before the departure date due to the failure to reach the required number of confirmed passengers or due to force majeure; in this case, the consumer has no right to compensation.

5-3- If the consumer requests a cancellation or change up to 30 days before the start of the tour, the full fee shall be refunded pursuant to the package tour regulation.

5-4 The consumer accepts and undertakes to pay the AGENCY 10% of the tour price if they request a cancellation or change 30-16 days before the start of the tour, 25% of the tour price if they request a cancellation or change 15-7 days before, and the full amount if less than 7 days remain, except in cases where they document, with an official report obtained from a fully equipped state hospital, illnesses preventing the 10-day ordinary occupation of themselves or their first-degree relatives, or deaths. For reservations purchased 7 nights or less before the start of the service, there is no right of cancellation, refund or change.

5-5 If the consumer wishes to cancel, for any reason, an Early Booking Discounted Product purchased during the discounted sales period without a cancellation guarantee package, they accept and undertake to pay the AGENCY the full tour price.

5-6 If the consumer wishes to make a date change, for any reason, to a discounted early booking product purchased during the discounted sales period, they accept that the reservation change will be made without discount, based on the list prices valid on the date of the request.

5-7 If the consumer fails to notify in writing that they will subsequently join a tour whose start they have missed, the Travel agency has the right to cancel all reservations made on behalf of the consumer after 24 hours. In such cancellations, no refund shall be made to the consumer.

5-8 Force majeure: Adverse weather conditions, road obstructions, strikes, terrorism, war, the possibility of war, and unforeseeable technical matters preventing the commencement or continuation of the tour are accepted by the parties as force majeure. Illnesses preventing the 10-day ordinary occupation of the passenger or their first-degree relatives and/or their deaths, documented by State authorities, also constitute force majeure.

5-9 The travel agency may, where it deems necessary, partially or completely cancel the tours it has announced or for which it has taken registrations, up to 3 days before the start of the tour. Within the same period, it may change the names of the hotels included in the tour, the means of transportation and their departure points, and the order of visits to places indicated in the program as places to be visited. If the consumer does not accept these changes and cancellations, they have the right to cancel their reservation and receive a full refund of the fee paid. In this case, the consumer has no right to compensation.

 

ARTICLE-6 MUTUAL RIGHTS AND OBLIGATIONS

6.1 The SELLER OR SUPPLIER is obliged to notify the BUYER in writing of any possible cancellations as soon as possible.

6.2 The provisions of this agreement concluded between the SELLER OR SUPPLIER and the BUYER at the time of registration have been read by the BUYER and approved by requesting and accepting that the other persons receiving the same service together with them also be registered under the same conditions in their names. The BUYER/BUYERS are jointly and severally liable for the payment of the agreement fee. The BUYER has approved the agreement knowing that they are also a party to this agreement on behalf of the participants specified in the Voucher, that they represent and bind them, and that they are obliged and responsible for informing the participants of the content of the preliminary information provided to them under the relevant legal legislation. A BUYER who fails to fulfill the obligation to provide information is responsible for all damages arising therefrom. Accordingly, the information provided to the BUYER is deemed to have been provided to the participant.

6.3 If the BUYER refuses to accept performance on the grounds that the service they have purchased is defective, they must immediately notify the SELLER OR SUPPLIER and the accommodation facility in writing, together with documents proving the defect. Otherwise, the BUYER is deemed to have accepted the performance and used the service. No refund shall be made. The entire fee shall be collected from them. Notifying the authorized person in writing of the matters complained of during the performance of the service is the duty of care of the BUYER acting in good faith.

6.4 Situations that did not exist or were not foreseeable at the date the agreement was signed, that develop beyond the control of the parties, and whose occurrence makes it partially or completely impossible for one or both of the parties to fulfill the debts and responsibilities they have undertaken under the agreement, or to fulfill them on time, shall be accepted as force majeure (Natural disaster, war, terrorism, uprising, changing legislative provisions, confiscation or strike, lockout, significant breakdown in production and communication facilities, etc.). The party in whose person the force majeure occurs shall immediately notify the other party in writing. If the BUYER requests the termination of the agreement due to force majeure, the SELLER OR SUPPLIER shall make every effort to refund the fee. In the presence of force majeure, if the BUYER submits a cancellation request, the SELLER OR SUPPLIER is obliged to refund to the BUYER the amount it was able to recover from the person or organization from which it purchased or brokered the service. It cannot be held responsible for refunding amounts it could not recover.

6.5 The seller or supplier must fulfill its obligation within the period it has undertaken. If the seller or supplier fails to fulfill this obligation, the consumer may terminate the agreement. In the event of termination of the agreement, the seller or supplier must refund all payments collected to the consumer within fourteen days from the date the termination notice reaches it, together with the legal interest determined in accordance with Article 1 of the Law No. 3095 of 4.12.1984 on Legal Interest and Default Interest, and must return all negotiable instruments and similar documents placing the consumer under debt, if any. In cases where the fulfillment of the obligation undertaken by the SELLER/SUPPLIER under this agreement becomes impossible, the seller or supplier must notify the consumer in writing or via a permanent data storage medium within three days from the date it learns of this situation, and must refund all payments collected within fourteen days at the latest from the date of notification.

6.6 Before the agreement is concluded, the consumer's express consent must be obtained separately in order for any additional fee to be requested beyond the agreed principal fee arising from the contractual obligation.

6.7. Turkish citizens may enter the T.R.N.C. with their Republic of Turkey Identity Card. Since problems are experienced with subsequent entries into Greece when entry is made with a passport, entry with the Republic of Turkey Identity Card is recommended.

ARTICLE-7 CONFIDENTIALITY

The information specified in this agreement by the BUYER and the information provided to the SELLER OR SUPPLIER for the purpose of making payment shall not be shared with third parties by the SELLER OR SUPPLIER. The SELLER OR SUPPLIER may disclose this information only within the framework of an administrative/legal obligation. Credit Card information is never stored; credit card information is used only to obtain authorization by securely transmitting it to the relevant banks during the collection transaction, and is deleted from the system after authorization. The necessary disclosure and information under the Personal Data Protection Law has been provided to the BUYER, and the necessary measures under the PDPL (KVKK) have been taken by the SELLER/SUPPLIER in accordance with the legislation.

 

ARTICLE-8 INFORMATION REGARDING PAYMENTS MADE BY BANK CARD

1. a) The SELLER OR SUPPLIER party to the agreement does not in any way make installment sales within its own organization.
2. b) The prices given to the BUYER are cash prices, and all installment arrangements are made, upon the BUYER's request, to credit cards obtained from various banks, without any maturity difference being applied by the SELLER OR SUPPLIER. All transactions related to sales made by credit card take place between the BUYER who owns the card and the bank to which the card is linked, and the SELLER OR SUPPLIER has no right of intervention or responsibility in these transactions. In sales made in foreign currency, exchange rate differences may arise in the applicable rates for cash payments, single payments or installment payments within the scope of the agreements on the relevant bank cards. All transactions related to sales made by credit card take place between the Participant who owns the card and the bank to which the card is linked, and the AGENCY has no right of intervention or responsibility in these transactions.
3. c) A BUYER who purchases a service by credit card must submit requests such as early payment, installment reduction, etc. to the bank to which the card belongs, and make them to the payment branches designated by the bank.
4. d) If the BUYER cancels, for any reason, a service purchased in installments by credit card, the SELLER OR SUPPLIER shall refund the amount it has collected from the credit card back to the BUYER's credit card. The responsibility of the SELLER OR SUPPLIER is limited to this. All subsequent transactions take place between the bank and the BUYER, and the SELLER OR SUPPLIER has no right of intervention or responsibility. Bank rules also apply to refunds of payments made in installments, and if payments made in installments are refunded to the card in installments, the SELLER OR SUPPLIER has no obligation or possibility of intervention. This situation must be resolved between the bank and the credit card holder.
5. e) For purchases made by credit card, the campaign of the relevant bank existing at that date and the cancellation and refund conditions attached to it apply.
6. f) In refund situations that may arise in connection with the relevant service, the legal refund processes shall be followed.

 

ARTICLE-9 COMPETENT COURT

 All Consumer Courts of the Republic of Turkey, Consumer arbitration committees and other organizations authorized by law are competent for the resolution of all disputes arising from this agreement. BUYERS may submit their applications regarding complaints and objections, within the monetary limits determined by the Ministry every December, to the Consumer Problems Arbitration Committee or the Consumer Court in the place where the BUYER purchased the goods or service or where their residence is located.

ARTICLE-10 CANCELLATION GUARANTEE PACKAGE INFORMATION

 The Early Booking Cancellation Guarantee Package is valid for reservations of Early Booking products made for a minimum of 3 and a maximum of 30 nights, with a total amount below 30,000 TL excluding transportation fees.

10.1- Consumers who purchase the Early Booking Cancellation Guarantee Package may cancel their reservations unconditionally and without deduction up to 72 hours before the check-in day at the facility.

10.2- The Early Booking Cancellation Guarantee Package does not cover date or name changes requested on the same product. In change requests, the existing product is cancelled within the scope of the Early Booking Cancellation Guarantee Package, and the transaction is carried out by opening a new reservation under the conditions of the day for the requested new date, product or names.

10.3 The Early Booking Cancellation Guarantee Package is provided for a fee within 3 days at the latest from the reservation date. The Early Booking Cancellation Guarantee Package cannot be purchased on the 4th day or later.

10.4 In refunds to be made in response to a cancellation request, the collected Early Booking Cancellation Guarantee Package amount cannot be refunded, nor can the sold Early Booking Cancellation Guarantee Package be cancelled.

10. 5- All airline ticket reservations made together with Hotel/Tour accommodation (including promotional and economy class) are outside the scope of the Early Booking Cancellation Guarantee Package, and the cancellation conditions and practices of the relevant airline company apply. In the pricing of the Early Booking Cancellation Guarantee Package, the Early Booking Cancellation Guarantee Package fee is collected based on the amount of accommodation and/or other services, excluding the flight and/or bus transportation amount. In the application of the Early Booking Cancellation Guarantee Package, the flight/bus transportation fee is excluded.

 

ARTICLE-11 GENERAL PROVISIONS

11-1- The consumer participating in the tour has the right to take and bring back 2 suitcases on all tours, provided they are no larger than 50cm x 70cm, and 15 kg of baggage on trips by air. All responsibility for the suitcases and the belongings inside them belongs to their owners.

11-2- Items that smell, leak, are flammable or explosive, or disturb the surroundings, as well as cutting, piercing and firearms, and animals of all kinds, shall not be admitted to vehicles or accommodation facilities without the separate, express and written permission of the Travel Agency. The existence of identification or licenses does not change this situation.

11-3- In the event of loss of or damage to the consumer's baggage or belongings, if it has arisen from the GROSS NEGLIGENCE of Travel Agency personnel, 1/2 of the portion of the total tour price corresponding to transportation shall be paid by the Travel Agency to the consumer owning the belongings, as material and moral compensation for the lost or damaged baggage or belongings, without regard to the material and moral value of the lost belongings and suitcase or the items inside them, or their other qualities and characteristics. The Travel Agency is responsible for any loss, damage or theft of belongings delivered to it by the consumer, declared in writing together with their values, up to a maximum of the transportation cost of the tour.

11-4- VISA PROCEDURES and SERVICES are not included in the purchased service. The travel agency has no undertaking to obtain visas. It is the guest's obligation to meet the visa and passport requirements of the relevant country to be traveled to.

11-5- The Travel Agency's notifications of possible tour cancellations may be made individually to each consumer, or generally by way of announcement in the Turkey edition of 2 high-circulation newspapers.

11-6- The Travel Agency is responsible for changes occurring after the start of the tour in the tour program purchased by the consumer. The Travel Agency may compensate the consumer for changes that are manifestly against the consumer and cause them damage, during or after the tour, in the form of a refund of fees or services pursuant to the provisions of the ALV VIP Transfer, or may also remedy them through additional services provided to the consumer during the tour that are not included in the price. The receipt and use or consumption of additional or substitute services by the consumer eliminates the consumer's rights to refunds and compensation.

11-7- If the consumer abandons a tour they have started or an accommodation service on the grounds that it is defective, they must notify the Travel Agency official and the hotel where they are staying in writing, together with the reasons, that they are abandoning the tour. Otherwise, the consumer shall not be deemed to have abandoned the tour and shall be deemed to have received and used the service.

11-8- The consumer's use of the purchased tour program to the end, despite having complained about it, eliminates their compensation rights, such as substitute services and refunds, regarding the matters complained of.

11-9- The provisions of this agreement concluded between the Travel Agency and the consumer at the time of registration have been read by the consumer and signed by requesting and accepting that the other persons whom they have declared will participate in the same tour together with them also be registered under the same conditions in their names.

11-10- With respect to consumer(s) who have not signed the agreement but participate in the tour subject to the agreement, in the event of lawsuits and proceedings against the Travel Agency related to the tour they participated in, brought by the consumer(s) whom they assigned to make the registration on their behalf, and in the event that the Travel Agency is obliged to pay the consumer a fee or compensation beyond the matters written in this agreement, the Travel Agency's right of recourse against the consumer(s) who signed the agreement for the excess amount paid is reserved. The consumers participating in this tour, even if they have not signed it, have learned of the terms of this agreement, which shall be valid between the parties, through catalogs and announcements, and have agreed to participate in the tour under the terms of this agreement.

11-11- The Travel Agency acts as an intermediary between the consumers participating in the tour and the hotel, carrier companies, and all third parties and legal entities providing other services related to the tour. For this reason, the parties are aware that the Travel Agency, not having the capacity of operator, bears no primary (first-degree) responsibility and is not directly liable as a principal actor for consumers who register for the tour by applying to it, contrary to the agreements made between the Travel Agency and the establishments undertaking transportation; for vehicles not being present at the departure point at the times shown in their programs, for all kinds of delays and breakdowns of land, air and sea vehicles, for fog, storm, blizzard and all kinds of weather conditions, for reasons such as road obstructions, for changes to routes and itineraries, for strikes, terrorism, war, the possibility of war or similar force majeure, for errors of the operator of the means of transportation or the personal faults of third parties, or for all kinds of disruptions arising from unforeseeable technical matters, for accidents involving material and moral damage, and for the deficient or faulty services of accommodation facilities. For this reason, the Travel Agency shall not be liable to the consumer as a principal actor but shall be a proportionately liable debtor. In such cases of disruption and accident, the consumer shall first seek to claim and collect their material and moral claims from the principal actors, and in cases where they cannot fully recover their claim from the principal actor, they may apply to the Travel Agency on the basis of the principle of strict (no-fault) liability. The Travel Agency shall be liable to its customer for the amount that cannot be collected from the principal actors.

11-12- In matters not written in this agreement, the provisions of Laws No. 1618, 4077, 4288, 2634, the IATA, IHA, UFTAA Convention provisions, the Civil Aviation Law, the Code of Obligations, the Turkish Commercial Code, International agreements to which Turkey is a party, and the Statutes, Regulations, circulars and communiqués issued in connection therewith, as well as the provisions of the ALV VIP Transfer, the version of the internationally recognized Frankfurter Tabelle applied in Turkey, shall apply.

This voucher and package tour agreement, drawn up in two copies between the parties, has been drawn up double-sided together with all its annexes by the authorized representatives of the parties, read, checked and accepted. The parties have accepted and confirmed their mutually accepted undertakings and obligations by signing them together. The party accepting this voucher and agreement on behalf of the customers who will participate in the trip and whose names are written in this agreement has additionally accepted and undertaken that all legal responsibility towards the persons on whose behalf they have signed by proxy belongs to them.

The BUYER has the right to object or withdraw within 24 hours following the presentation of the relevant distance sales agreement to them in digital or physical form. The provisions of a distance sales agreement not objected to within 24 hours are deemed to have been accepted by the BUYER.