Package Tour Agreement
DISTANCE SALES AGREEMENT
PAYMENTS
At the time of registration, the reservation fee must be paid in full (100%). In case of reservations with a balance, the terms of the table below apply. If the specified payments are not made within the mentioned periods, the reservation made will be canceled. In this case, Malitur will invoice the consumer for 35% of the total accommodation fee as cancellation compensation.
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In hotel payment options, the guest acknowledges and states that they will pay the remaining balance in domestic tours upon boarding the bus, and in hotel reservations, the total remaining amount will be paid in cash or by wire transfer at the time of check-in. Otherwise, the right to refuse to provide the service received by the guest is reserved.
ARTICLE-1 SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the product/service with the specifications mentioned below, which is reserved by the PURCHASER through the SENDER OR PROVIDER's website electronically or through a call center, in accordance with the provisions of the Consumer Protection Law and the Regulation on Distance Contracts.
The PURCHASER hereby accepts and declares that they have been pre-informed in an explicit, clear, and internet-appropriate manner by the SENDER OR PROVIDER regarding the name, title, address, phone, and other contact information of the SENDER OR PROVIDER, essential characteristics of the product subject to the sale, sales price including taxes, payment method, all preliminary information regarding the product/service being sold, the use of the right of withdrawal and how to exercise this right, official authorities where they can submit complaints and objections, etc., that they have confirmed this preliminary information electronically and/or by phone or email, and subsequently approved the reservation and the agreement according to the provisions of this contract.
INFORMATION OF THE SENDER OR PROVIDER Title: MALITUR TOURISM AND TRADE LIMITED COMPANY (referred to as MALITUR in the contract). The address and official contact information are explicitly stated in the header section.
ARTICLE-2 GENERAL PROVISIONS
2.1 The PURCHASER declares that they have read and understood all preliminary information regarding the sale price, payment method, and characteristics of the product/service, and they confirm this by giving the necessary consent in the electronic environment and call center system. The entire reservation fee is paid at the time of registration. If the total fee is not paid, no reservation will be made. However, if a reservation is made despite having a partial balance for any reason, the Consumer is responsible for the entire reservation fee from the date of registration. In the case of partial payment of the reservation fee, MALITUR reserves the right to cancel the reservation and request all damages arising from the cancellation from the Consumer. The Consumer has made the purchase with the knowledge of this situation.
2.2 The SENDER OR PROVIDER is responsible for any defects in the service subject to the agreement.
2.3 In the event that the service subject to the agreement is used by a person other than the PURCHASER, the SENDER OR PROVIDER shall not be held responsible for the failure to fulfill the service.
2.4 For the execution of the service subject to this agreement, it is required that the signed copy of this agreement has been delivered to the SENDER OR PROVIDER and the fee has been paid by the preferred payment method. The PURCHASER cannot claim that the agreement does not bind them on the grounds of not signing and returning the agreement, even if the SENDER and/or PROVIDER has sent the agreement to the email address provided by the PURCHASER in accordance with the relevant regulations and this agreement. It is sufficient that the agreement has been sent to the email address reported by the PURCHASER, and they cannot claim that the agreement was not sent to them or that they did not read it.
2.5 In the event that the credit card belonging to the PURCHASER is unlawfully or illegally used by unauthorized persons after the performance of the service, and as a result, the bank or financial institution does not pay the service fee to the SENDER OR PROVIDER, the PURCHASER is responsible for any damages incurred.
2.6 In foreign tours, the specified amounts will be charged in the specified currency. The PURCHASER makes the payment for the reservation in the specified currency of the tour. If they wish to make the payment in a currency other than the specified currency, the payment can be made by converting it according to the exchange rate determined by the SENDER. In the case of reservations with a balance, if the remaining payments are made in a different currency, the payments must be made based on the current exchange rate determined by the SENDER on the day of payment. There is no exchange rate locking for upfront payments in foreign tours. If remaining payments are made in a different currency, payments must be made according to the current system rate on the day of payment.
ARTICLE-3 SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
MALITUR acts as an intermediary between the service provider and the PURCHASER. As per Regulation requirements, the PURCHASER does not have the right of withdrawal in distance sales made under this agreement due to the nature of the service sold by the tour operator. The total amount is collected from the PURCHASER. The PURCHASER acknowledges this upon purchasing the service. Reservations made during early booking, special periods (New Year, semester, holiday, etc.), and promotional periods cannot be canceled. However, if the PURCHASER has purchased the Early Booking Cancellation Assurance Package in conjunction with domestic and Cyprus accommodation during the Early Booking period and Summer offers, action can be taken under the conditions specified in Article 10. The PURCHASER acknowledges and accepts this when purchasing the service. The statement "Non-cancelable" on reservations made with the prices indicated does not allow for the offer of the Early Booking Cancellation Assurance Package. Cancellations, changes, and refunds cannot be made for reservations having this statement. If transport (flight, bus, transfer, etc.) is also purchased in addition to accommodation, there will be no refunds for transportation fees.
ARTICLE-4 NOTIFICATION
According to Article 6 of the Regulation, the PURCHASER is obliged to check the information form containing all the information regarding the service they selected during the purchase phase of the reservation made through the relevant website and Call Center, and to approve it digitally immediately after the sales transaction. If the relevant checks are not made, and the digital approval is not given, the SENDER is not responsible. The approvals are recorded in the electronic environment.
ARTICLE-5 CANCELLATION- WITHDRAWAL- CHANGES
The SENDER OR PROVIDER may cancel the contract in case of force majeure or situations arising from service providers, hotels, or third parties that prevent the start or continuation of the service, despite exercising all due care. They must inform the PURCHASER of this situation as soon as possible. In this case, the PURCHASER does not have the right to compensation. In such cases, the SENDER OR PROVIDER is obliged to refund the amount they have received from the person or institution they purchased the service from or acted as an intermediary for. They cannot be held responsible for the refund of the amount they could not receive.
5-1- The PURCHASER is obliged to notify any cancellation, change, or addition/removal of passengers in writing.
5-2- The travel agency may cancel the trip at least 3 days before the departure date due to not having enough confirmed registrations or force majeure, in which case the consumer does not have the right to compensation.
5-3- If the consumer requests to cancel or change up to 30 days before the start of the trip, the full fee will be refunded in accordance with the package tour regulations.
5-4 If the consumer requests to cancel or change the domestic reservation for reasons other than force majeure between 29-15 days before the start of the trip, they agree to pay 30% of the trip fee; if they request this between 15-7 days before, they agree to pay 50% of the trip fee; if requested less than 7 days before, they agree to pay the full amount to MALITUR. There is no right to cancellation, refund, or changes for reservations made less than 7 days before the beginning of the service.
5-5 If the consumer requests to cancel or change the foreign reservation for reasons other than force majeure between 29-15 days before the start of the trip, they agree to pay 50% of the trip fee; less than 15 days before, they agree to pay the full amount to MALITUR. There is no right to cancellation, refund, or changes for reservations made less than 7 days before the beginning of the service.
5-6 In foreign tours, Malitur is not responsible for visa denial or failure to receive a visa on time. In such cases, the cancellation conditions in Article 5-5 will apply in case of cancellation of the trip. The refund of the visa fee that was not received on time or due to denial is not possible.
5-7 If the consumer wishes to cancel the Early Booking Discounted Product purchased during a discounted sales period without having taken the cancellation assurance package, the cancellation conditions will apply. The consumer agrees and undertakes to pay the full trip fee that is not included in the cancellation conditions.
5-8 If the consumer wishes to change the date of the discounted early booking product purchased during a discounted sales period for any reason, they accept that the reservation change will be made at the list prices applicable at the time of their request without discounts.
5-9 If the consumer requests a change in the date of the purchased product, the change will be made at the current prices on the date of the change. If there is a price difference between the requested current date and the old date, the consumer agrees to pay the difference.
5-10 In case of cancellation of the purchased service for any reason, the guest can keep the amount they paid as credit. The paid amount is held for the guest under available rights. The guest can use the withheld credit for a different tour and at a different time. The transaction for the reservation and the credit withdrawal will be processed based on the paid amount. If the guest wants to use the credit on a date when services are subject to a price difference, they agree to pay that difference after the remaining credit is deducted from the service amount. If they want to make a reservation for a lower amount, the remaining balance will continue to be held for the guest.
5-11 If the consumer fails to notify in writing that they will participate in a trip they missed, the travel agency has the right to cancel all reservations made for the consumer 24 hours later. In such cancellations, no refund will be made to the consumer.
5-12 Force majeure: Adverse weather conditions, roadblocks, strikes, terrorism, war, threat of war, unforeseen technical issues that prevent the commencement or continuation of the trip will be considered force majeure by the parties. The deaths of the passenger or first-degree relatives documented by state authorities are also construed as force majeure.
5-13 The travel agency may partially or completely cancel the trips announced or registered by it until 3 days before the beginning of the trip, when deemed necessary. Within the same period, they may change the names of the hotels, transport vehicles and their departure places, and the order of the places to be visited, as indicated in the program. If the consumer does not agree to these changes and cancellations, they have the right to cancel their reservation and receive a full refund. In this case, the consumer does not have the right to compensation.
5-14 In case the consumer requests cancellation or changes in their reservations, the currency and amount they paid will be taken into account. The consumer accepts the price difference and exchange rate difference that will arise on the day the transaction is made. In cancellation and refund transactions, the consumer will be refunded in the currency type they made their reservation with and the amount they paid. The consumer does not have the right to request refunds by comparing them with different currencies other than the paid currency.
5-15 In refund transactions, the amount to be refunded will be returned to the consumer within 7-14 business days, depending on the payment type they made. The consumer cannot request a refund in a different way from the payment method they have paid.
ARTICLE-6 MUTUAL RIGHTS AND OBLIGATIONS
6.1 The SENDER OR PROVIDER is obliged to notify the PURCHASER of any possible cancellation notifications in writing as soon as possible.
6.2 The provisions of this agreement made during the registration between the SENDER OR PROVIDER and the PURCHASER have been read by the PURCHASER; they have requested and accepted that the same conditions apply for the registrations of other individuals who will share the service with them as well. The PURCHASER(S) are jointly and severally liable for the payment of the contract price. The PURCHASER acknowledges that they are parties to this agreement on behalf of the participants indicated in the Voucher and are responsible for providing the information included in the pre-information under the relevant legal regulations to the participant. The PURCHASER is responsible for any damages arising from their failure to provide this information. In this respect, the information provided to the PURCHASER is considered to have been provided to the participants.
6.3 If the PURCHASER refuses to accept the service due to its defects, they must immediately notify the SENDER OR PROVIDER and the accommodation facility in writing, along with documents proving the defect. Otherwise, the PURCHASER will be considered to have accepted the performance, and the service will be deemed used. No refund will be provided. The entire amount will be collected from them. The PURCHASER has the obligation to notify the complained issues in writing to the authorized personnel during the performance of the service.
6.4 Circumstances arising outside the control of the parties that were not present at the time of signing the contract or that could not be foreseen, which prevent one or both parties from fulfilling their obligations and liabilities partially or completely or in a timely manner, will be considered as force majeure (natural disasters, war, terrorism, uprising, changing legislative provisions, expropriation, strikes, lockouts, significant operational failures in production and communication facilities, etc.). In the occurrence of force majeure preventing fulfillment of the contract, the party experiencing it shall immediately notify the other party in writing. If the PURCHASER requests termination of the agreement due to force majeure, the SENDER OR PROVIDER shall exert all efforts required to refund the amount. In cases of force majeure, if the PURCHASER has requested cancellation, the SENDER OR PROVIDER shall refund the amount obtained from the person or institution they purchased the service from. They cannot be held responsible for refunded amounts they could not obtain.
6.5 The Seller or Provider is obliged to fulfill their obligations within the committed timeframe. If the Seller or Provider fails to fulfill this obligation, the consumer may terminate the agreement. In case of termination of the agreement, the Seller or Provider is obliged to refund all collected payments to the consumer within fourteen days of receipt of the termination notice, together with the legal interest specified in Article 1 of the Law on Legal Interest and Default Interest No. 3095, if applicable, and to return any valuable documents and similar ones that have caused the consumer to incur a debt. In cases when the fulfillment of the obligation imposed on the Seller/Provider by this agreement has become impossible, the Seller or Provider is obliged to notify the consumer in writing or with a permanent data storage medium within three days from the date they become aware of this situation and refund all collected payments no later than fourteen days from the notification date.
6.6 Before the establishment of the contract, it is mandatory to obtain the explicit consent of the consumer for any additional charges other than the agreed essential price under the contract.
6.7. Turkish citizens can enter the TRNC with Turkish identity cards. It is recommended to enter with a Turkish Identity card to avoid problems when entering Greece later in case of entry with a passport.
ARTICLE-7 CONFIDENTIALITY
The information specified in this agreement by the PURCHASER and the information they provide to the SENDER OR PROVIDER for the purpose of making a payment will not be shared with third parties by the SENDER OR PROVIDER. The SENDER OR PROVIDER may disclose this information only in the context of administrative/legal obligations. Credit card information is not stored; it is only used to securely transmit to the relevant banks during the collection process to obtain authorization, and it is deleted from the system after authorization. Necessary guidance and information regarding the Personal Data Protection Law were provided to the PURCHASER, and necessary measures have been taken by the SENDER/PROVIDER in accordance with the legislation related to the KVKK.
ARTICLE-8 INFORMATION ON PAYMENTS MADE BY BANK CARD
a) The contracting SENDER OR PROVIDER does not offer installment sales within its own scope.
b) The prices given to the PURCHASER are cash prices, and all installments can be made without any interest cut from various banks' credit cards at the PURCHASER's request. All transactions related to sales made by credit card occur between the PURCHASER as the card owner and the bank associated with the card, and the SENDER OR PROVIDER has no right to intervene or responsibility for these transactions. For foreign currency transactions, exchange rate discrepancies may arise under the agreements pertaining to the relevant banks in installment or single transaction payments.
c) The PURCHASER must inform the bank of any early payment or reduction requests for installment payments related to services purchased using a credit card.
d) If the PURCHASER cancels the service purchased with a credit card for any reason, the SENDER OR PROVIDER will refund the amount obtained from the PURCHASER's credit card. The responsibility of the SENDER OR PROVIDER is limited to this. All subsequent actions occur between the bank and the PURCHASER, with no right or responsibility for intervention by the SENDER OR PROVIDER. In refunds pertaining to installments, bank rules apply, and if installments are to be refunded to the card, the SENDER OR PROVIDER has no responsibility or means of intervention in this process.
e) The applicable campaign and related cancellation and refund conditions of the relevant bank are valid for purchases made using a credit card.
f) Legal refund processes will be followed for possible refund situations related to the relevant service.
ARTICLE-9 COMPETENT COURT
All disputes arising from this agreement will be resolved by the Consumer Courts of the Republic of Turkey, Consumer arbitration committees, and other institutions authorized by law. PURCHASERS can make their complaints and objections to the Consumer Problems Arbitration Committee or Consumer Court in their area of residence, within the monetary limits determined annually by the Ministry of Commerce, where the consumer has purchased the goods or services.
ARTICLE-10 CANCELLATION INSURANCE PACKAGE NOTIFICATION
The Early Reservation Cancellation Insurance Package is valid for reservations made for a minimum of 3 nights up to a maximum of 30 nights, 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 deductions up to 72 hours before the check-in date.
10.2- The Early Reservation Cancellation Assurance Package does not cover requests for changes to dates or names for the same product. Requests for changes will result in the cancellation of the existing product under the Assurance Package and will require processing a new reservation under the current conditions for the requested new date, product, or names.
10.3 The Early Booking Cancellation Assurance Package must be purchased within three days from the reservation date.
10.4 Fees collected for the Early Booking Cancellation Assurance Package are non-refundable in case of cancellation requests.
10.5 Any airline ticket reservations made with hotel accommodation (including promotions and eco-class) are not covered by the Early Booking Cancellation Insurance Package and are subject to the cancellation conditions and practices of the respective airlines. The fee for the Early Booking Cancellation Insurance Package is charged based on accommodation and/or other services excluding flight and/or bus transport fees. Transportation costs are excluded from the Early Booking Cancellation Insurance Package.
10.6 The Cancellation Refund and Assurance Package purchased along with Package Tours allows the guest to cancel or change their purchased package tour up to 72 hours before the start date without providing any reason. After the cancellation, the entire remaining package tour fee paid (after deducting the transport cost in flight tours) will be refunded in full according to the payment method without any deductions. The Cancellation Refund and Assurance Package does not cover flight transport. The remaining package tour fee will be refunded after deducting the flight transport costs from the total package tour fee.
ARTICLE-11 GENERAL PROVISIONS
11-1- Consumers participating in the tour have the right to take and bring 2 pieces of luggage not exceeding the dimensions of 50cm x 70cm on all trips and 15 kg on flights. All responsibilities for the bags and their contents lie with the owners.
11-2- Items that smell, leak, are flammable or explosive, or cause discomfort, as well as sharp, piercing, or firearm items, and all kinds of animals, are not allowed on transport vehicles and accommodation facilities without explicit written permission from the travel agency. The presence of IDs or licenses does not change this situation.
11-3- In case of loss or damage to the baggage or belongings owned by the consumer, if the staff of the travel agency is at fault, the travel agency will pay the baggage or item owner's material and moral compensation as half of the part of the total fare paid related to transportation. The travel agency is only responsible for items declared in writing with their values by the consumer upon delivery.
11-4- Visa processes and services are not included in the purchased service. The travel agency has no obligation to obtain a visa. The responsibility of having the necessary visa and passport requirements for the relevant country lies with the guest.
11-5- In foreign tours, the travel agency is not responsible for visa denial or failure to receive a visa on time. The visa is issued by the consulate of the country being visited. The travel agency acts as an intermediary between the guest and the consulate on various trips. The agency cannot be held responsible for the refusal or failure to issue a visa. In the case of cancellation of the trip due to visa-related issues, the cancellation conditions must be observed.
11-6- The travel agency may notify potential trip cancellations to each consumer individually or generally through announcements in two high-circulation newspapers in Turkey.
11-7- The travel agency is responsible for any changes occurring after the start of the purchased tour program. The travel agency may compensate any damages incurred by the consumer due to significant changes against consumer interests during or after the trip in accordance with the TÜRSAB KÜTAHYA TABLE provisions, either by refunding cash or providing services that were not included in the price. Acceptance and use of supplementary or substitute services by the consumer do not eliminate the consumer's rights for refund and damage claims.
11-8- If the consumer abandons the started tour or accommodation service by claiming it is defective, they must notify the travel agency official and the hotel in writing along with the reasons; otherwise, they will not be considered to have abandoned the tour, and they will be deemed to have used the service.
11-9- If the consumer complains about the tour they purchased but uses it till the end, their rights for compensation regarding the complained issues will be eliminated.
11-10- The provisions of this agreement made during registration have been read and accepted by the consumer, and they have requested and accepted that the same conditions apply for the registrations of other individuals who will accompany them on the trip.
11-11- Consumers participating in the trip, who do not have their signature on the agreement but are part of the trip, shall be held responsible by the travel agency for any legal actions or claims against the travel agency due to the additional payments or compensations the travel agency has to make due to the actions of those they appointed on their behalf.
11-12- The travel agency acts as an intermediary with consumers participating in trips, hotels, carrier companies, and other service providers. Therefore, they are aware that they have no direct responsibility for any delays due to the lack of participation at the designated times, any delays of land, air, and sea vehicles, roadblocks, weather conditions such as fog, storm, blizzard, or any other circumstances leading to modification of routes, strikes, terrorism, war, threat of war, or similar force majeure situations. The travel agency is not liable as a direct perpetrator and does not assume first-degree liability; thus, it will be jointly liable. Consumers must primarily pursue claims against the primary offenders for any incidents of damage, while the travel agency will remain responsible up to the amount not able to be collected from the primary offenders.
11-13- In matters not covered by this agreement, the provisions of the 1618 Law, 4077 Law, 4288 Law, 2634 Law, IATA, IHA, UFTAA Convention provisions, Civil Aviation Law, Code of Obligations (BK), Commercial Code (TTK), International treaties to which Turkey is a party, and the regulations, directives, and notifications made under those directives will apply, along with the internationally accepted Frankfurter Tabelle regulations that are effective in Turkey.
This voucher and package tour agreement, prepared in two copies, has been organized, read, checked, and accepted by the parties, including its appendices, by the authorized representatives of the parties. They hereby confirm and accept all their commitments and obligations by signing together. The persons who accepted this agreement on behalf of the guests, whose names are written in this agreement, acknowledge that all legal responsibilities lie with them.
COMPLAINTS ABOUT SERVICE DEFECTS: In the event of defective or flawed services, the TÜRSAB ARBITRATION COMMITTEE is authorized.
The PURCHASER has the right to object or withdraw within 24 hours after the distance sales agreement has been verbally or electronically communicated to them. In case no objection is made within 24 hours, the terms of the distance sales contract will be deemed accepted by the PURCHASER.
info@turdantura.com
+90 5451419534
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