Distance Sales Agreement

Distance Sales Contract

DOMESTIC & INTERNATIONAL TRAVEL - RESERVATION - PACKAGE TOUR - REGISTRATION and SALES CONTRACT

This contract has been signed between Erdek Travel Tourism and Consultancy Ltd. Co. (KYZİKOS TRAVEL AGENCY) at "Yalı mah. 6000 sok. no:9/A A Erdek/Balıkesir" (hereinafter referred to as “travel agency”) and the customer purchasing the service and their companions (hereinafter referred to as “consumer”).

I- PAYMENTS

1. For domestic hotel and tour sales, at least 35% of the reservation fee must be paid at the time of registration, and the balance must be paid within 7 business days from the sale date. If it is 7 days or less before the tour start date or hotel check-in date, the full amount of the tour/hotel fee must be paid at the time of registration. If the specified payments are not made within the mentioned periods, the reservation will be canceled and 35% of the total service fee will be invoiced to the consumer as cancellation compensation.

2. For international and cruise tours, at least 35% of the reservation fee must be paid at the time of registration, and the balance must be paid no later than 30 days before the start of the trip. If it is 30 days or less before the tour start date or hotel check-in date, the full amount of the tour/hotel fee must be paid at the time of reservation. If the specified payments are not made within these periods, the reservation will be canceled and 35% of the total service fee will be invoiced to the consumer as cancellation compensation.

3. In case of promotional sales (such as early booking discounts and promotional sales), the consumer purchasing discounted services is obligated to pay the full amount of the service at the time of reservation.

4. For special products and services, the total amount must be paid no later than 60 days before the start of the service. If the specified payments are not made within these periods, the reservation will be canceled and 35% of the total service fee will be invoiced to the consumer as cancellation compensation.

II - CANCELLATION - WITHDRAWAL - CHANGES

1. The travel agency may cancel the package tour agreement if there is an obstacle to the start or continuation of the trip due to insufficient confirmation of the required number of passengers and/or force majeure. In this case, the consumer has no right to compensation. The travel agency is obligated to inform the participants of the cancellation and to refund all fees received from the consumer within 14 days. Even if the visa process is completed, the visa fees will not be refunded in case of cancellation of the related tour. The visa responsibilities of consumers purchasing package tours are their own.

2. A - In domestic hotel sales, if the consumer cancels the reservation/contract up to 30 days before the start of the service, the entire reservation fee paid will be refunded to them, excluding mandatory tax, fees, and similar legal obligations.

B - In domestic hotel sales, if the consumer cancels the reservation/contract between 29 - 15 days before the start of the service, they agree to pay 35% of the tour fee to the travel agency; if canceled less than 14 days prior, they agree to pay the full amount. Any change requests made by the consumer will be considered as a cancellation and must be communicated in writing by the consumer, taking into account the time frames specified in the relevant clauses.

C - In domestic and international package tours, if the consumer cancels the reservation/contract up to 30 days before the start of the service, the entire reservation fee paid will be refunded to them, excluding mandatory tax, fees, and similar legal obligations. However, if a visa has been obtained for international trips, the visa fee will not be refunded. The consumer agrees to pay the full amount to the travel agency if they cancel the reservation/contract less than 29 days before the start of the trip, except for force majeure. Any change requests made by the consumer will be considered as a cancellation and must be communicated in writing by the consumer, taking into account the time frames specified in the relevant clauses. In promotional package tour sales (such as early booking discounts and promotional package tours), any cancellations for any reason occurring after the reservation date will result in total loss of the tour fee, and no refund will be made. Name, date change and transfer requests are not accepted. The consumer agrees to pay the full amount to the travel agency as cancellation compensation in this case.

D - For cruise tours; if the consumer cancels the reservation/contract 90 days before the start of the service, they agree to pay 10% of the tour fee; cancels 89 - 60 days before, 30% of the fee; cancels 59 - 31 days before, 50% of the fee; cancels 30 - 16 days before, 75% of the fee; and if canceled less than 15 days, they agree to pay the full amount to the travel agency.

E - If the consumer, less than 30 days before the start of the service, contracts a serious illness or dies, which prevents them or their first-degree relatives from participating in the trip (with an official report from a fully-equipped public hospital), any mandatory tax, fees, and similar legal obligations will be deducted from the total amount, and any third-party payments that are documented and non-refundable will likewise be deducted; otherwise, the amount paid will be refunded without any deductions within 14 days. If consumer faces an unforeseeable and unavoidable situation or force majeure resulting in cancellation less than thirty days before the start of the package tour, provided they submit documentation for the situation, the amounts paid will be refunded without any deductions within 14 days, excluding mandatory taxes, fees, and similar legal obligations as well as any third-party payments.

F - In all domestic and international service cancellations, refunds will be made according to the method of payment. Payments made in foreign currency will be refunded in that currency, while payments made in Turkish Lira will be refunded in Lira. The consumer cannot claim currency difference in refunds.

3. In the cases mentioned in clause 2, the consumers’ material damage covered by insurance will be claimed from the relevant insurance company.

4. If the consumer purchased discounted products during the domestic hotel discount sales (in domestic early booking campaigns), any requests for name and date changes, transfers, and cancellations will not be accepted, except due to force majeure. The consumer agrees to pay the full reservation fee to the travel agency as cancellation compensation in this case.

5. If the consumer fails to inform the travel agency in writing that they will join the trip after missing its start, the travel agency has the right to cancel all reservations made on behalf of the consumer after 24 hours. In such cancellations, no refund will be made to the consumer.

6. The consumer may transfer the package tour up to 7 days before the start of the service by notifying in writing or through a durable medium. The transferee will be jointly responsible with the transferor for the balance and any costs arising from the transfer. In cases where the visa process has been completed for the transferred tours, the visa fees will not be refunded. Visa responsibilities will lie with the consumers who assume the transferred package tour. Transfers are not accepted in promotional package tour sales.

7. Force Majeure: Adverse weather conditions, roadblocks, strikes, terrorism, war, the likelihood of war, and unforeseen technical issues that obstruct the start or continuation of the trip will be accepted as force majeure by the parties. Hospitalization impeding the consumer or their first-degree relatives for 10 days with an official report issued by a fully-fledged state hospital is also considered as force majeure.

8. Sales are made in cash or by credit cards issued by banks either in full or in installments through banks. In cases where payment is not made with a credit card, the consumer is responsible to the bank with which they have signed a credit card agreement. The interest rates applied by the bank in this case will be valid and the travel agency will not be a party to this issue.

9. In the case where the consumer’s credit card used to pay the contract amount is unlawfully and unjustifiably used by unauthorized persons after the performance of the contract and payment is not made to the travel agency by the bank or financial institution involved, the consumer shall be responsible for any disputed service fee and all kinds of losses, including statutory interest accruing from the reservation date.

III-GENERAL PROVISIONS

1. Consumers participating in the tour have the right to bring and take maximum 2 suitcases not exceeding dimensions of 50cm x 70cm and 20kg baggage on flights. All liability for the suitcases and their contents rests with their owners.

2. All services included in the package tour program are specified. Tours or services other than these are subject to additional charges. During the reservation, the tour package fee and additional service fee are collected with separate receipts. These fees also cover the guiding fee.

3. Items with harmful, flammable, or explosive properties, or those causing discomfort to the environment, including cutting, piercing and firearms, and any kind of animals, will not be allowed without the explicit and written permission of the travel agency in the vehicles and accommodation facilities. Having an identity or license does not change this situation.

4. In the event of loss or damage to the consumer’s baggage, if due to gross negligence of the travel agency’s personnel, the monetary and moral value of the lost or damaged belongings will be compensated, not exceeding half of the transportation portion of the total cost of the trip and will be paid to the consumer who owns the belongings by the travel agency. The travel agency will be liable for any loss, damage, and theft of property that has been declared in writing with details along with their value. If the lost property is the consumer’s identification, passport, etc., the travel agency shall not be liable.

5. The travel agency's possible tour cancellation notifications can be made individually to each consumer or generally published in a high-circulation newspaper in Turkey. In this case, the notification obligation is considered fulfilled.

6. The travel agency has the right to change the names of hotels, means of transportation, departure times, and locations as long as they comply with the standards specified in the program, by informing the consumer. The tour programs provided upon registration are sample programs. The prices of extra tours mentioned in the tour programs may vary according to the dates the extra tours will be organized and the number of participants. The consumer will be considered as having fulfilled the terms of the trip as long as the total overnight stay duration is not shortened and the classification and categories of the accommodation facilities are not changed.

7. If the consumer requests the travel agency to follow up on visa procedures, they need to have a passport valid for at least six months and submit relevant documents according to the conditions set by the relevant consulate. The travel agency acts as an intermediary between the consumer and the consulate in visa matters and is not responsible for the non-approval of the visa. In case the visa is not approved by the consulate, the cancellation conditions mentioned above will apply.

8. For consumers who have purchased travel insurance or those included in the travel insurance package, coverage of deficiencies or faulty performance, damages, losses, and claims, the extent of coverage is defined by the policy of the insurance company providing the service. The travel agency has no responsibility regarding the content of these guarantees, their coverage, and methods of implementation.

9. On the day of arrival at the hotel or cruise, rooms may not be available for consumers until after 14:00. On the day of departure from the hotel, consumers must vacate their rooms by 12:00 at the latest. The standard of extra beds in triple rooms may vary according to the hotel.

10. The price and terms specified in the package tour agreement cannot be changed by the travel agency. This rule does not apply to price changes due to other taxes and fees such as port and airport landing fees and exchange rates. However, any price increase caused by the above-mentioned reasons before the package tour is expected will be notified to the consumer. In this case, the consumer has the right to withdraw from the contract without paying any compensation. Visa fees, mandatory taxes, fees, and similar legal obligations as well as any third-party payments documented and non-refundable will not be refunded under any circumstances.

11. The travel agency is responsible for any changes occurring after the start of the tour purchased by the consumer. In cases where the travel agency breaches its commitments in a way that is evident and damaging to the consumer, debt or service refund may be made based on the provisions of the TÜRSAB KÜTAHYA TABLE. The travel agency may also compensate the consumer by providing additional and/or alternative arrangements not included in the price. The consumer's acceptance and utilization of any extra or alternative services removes their rights to refunds and damages.

12. The consumer who leaves the tour, claiming that the service was faulty, is required to immediately notify the travel agency's authorized personnel and the hotel in writing stating the reasons for leaving the tour. Otherwise, the consumer will not be considered to have left the tour and will be deemed to have availed of and utilized the service.

13. The statements and commitment of these contractual terms made during registration have been read by the consumer. The consumer has been informed about all accommodation details of the facility through brochures, website, sales software programs, etc., and has also requested and accepted that the registrations of the other individuals he/she stated to participate in the same trip be made under the same conditions. The consumer agrees to cover any price difference arising from incorrect and/or incomplete information provided in the voucher data.

14. Consumers participating in the trip who do not have their signatures on the contract are assumed to have accepted and committed the terms of this contract following the signature of the consumers registered on their behalf. Nevertheless, in the event that consumers who have not signed invoke their lack of signatures, the travel agency shall have the right to recourse for any excess amount it has paid on behalf of those who signed the contract for lawsuits or claims against the travel agency outside the issues written in this contract. Consumers participating in this trip, whether or not they have signed, have learned the terms of the trip through catalogs and announcements and are assumed to have accepted and committed to participate in the trip under these contractual terms. The legal obligations will be fulfilled once a copy of this contract is prepared for the individuals participating in or who will participate in this trip and a written copy is provided to the consumer authorized to make the contract. The contract, voucher, and receipt sent to the consumer to their fax, email, etc. must be signed and returned to the agency. If not sent within 24 hours, it will be considered that they have accepted and committed to these contract terms. To be valid, the cancellation insurance must be signed by the consumer and sent back to the agency.

15. The travel agency acts as an intermediary for consumers participating in the trip, hotels, carriers, and any other service providers. Therefore, consumers who have registered for the trip through the travel agency acknowledge that the travel agency has no responsibility for any shortcomings or delays, missing services, or accidents arising from lateness, delays, breakdowns, fog, storms, snow, and other weather conditions, roadblocks, and similar acts of God, personal negligence of the transportation companies, or others, or unforeseen technical issues, or damages and deficiencies in the services of accommodation facilities, due to not being the organizer.

16. All arrangements concerning charter flights are subject to international aviation rules; thus, the Warsaw Convention airlines may change flight times freely. The departure time cannot be guaranteed. The carrier may alter the scheduled stopping points or bypass them entirely. Flight times will be finalized 48 hours in advance, so times given at sale are only potential times, and changes for this reason will not be the responsibility of the travel agency. Consequently, demands for cancellations and refunds will not be accepted.

17. All services included in the tour programs are specified separately. Tours or services outside these are subject to extra charges. Extra tour prices and contents are determined and proposed by local agencies in the visited cities or countries and can only be carried out if sufficient participation is ensured. No compensation or refunds can be claimed from the travel agency for failure to carry out extra tours.

18. The travel agency is only responsible for reasons arising from force majeure, situations for which the consumer is responsible, and personal responsibilities of third parties.

19. In matters not explicitly written in this contract, the provisions of the 1618 Law, 6502 Law, 2634 Law, IATA, IHA, UFTAA convention regulations, civil aviation law, TCO, TCC, international agreements involving Turkey, and regulations, directives, general instructions, and communiqué issued based on these agreements shall be applied. This voucher and package tour contract prepared in two copies has been arranged and accepted by both parties after being read and checked by authorized representatives in its entirety. Both parties have mutually agreed, signed, and confirmed their commitments with this document. The legal liability concerning the individuals named on this trip is solely on the person who has signed this voucher and contract on behalf of those traveling.

20. For children under 18 years of age traveling without both parents on international and Cyprus flights, notarized consent is mandatory. Otherwise, the flight cannot be made.

COMPLAINTS ABOUT SERVICE FAULTS:

In the event of defective or faulty service provided, the competent authority is the Arbitration Board or Consumer Courts as specified by the Law on the Protection of Consumers.

SERVICE GUARANTEE:

Provided that sufficient participation and no force majeure exist, the travel agency agrees to conduct the services that it has undertaken regarding the trip in accordance with the announcements and brochures made separately above for the displayed fee. If the travel agency partially or completely fails to fulfill these commitments, the amount of the refund to be made to the customer shall be determined in accordance with the TÜRSAB KÜTAHYA TABLE.

Name and Surname of the Customer and Their Companions:

Date:

Signature

Name and Surname of the Travel Agency Representative Preparing and Signing the Document:

Signature

SERVICE GUARANTEE:

The consumer consents to being informed in connection with services, advertisements, announcements, campaigns, and activities regarding the group companies, brands operated by Erdek Travel Tourism and Consultancy Ltd. Co., suppliers, and organizations collaborating with it, and agrees to the sharing of commercial electronic communications pursuant to Law No. 6563, such as SMS, MMS, etc. If the consumer wishes to withdraw their consent, they shall communicate this to Erdek Travel Tourism and Consultancy Ltd. Co. through the communication channels specified in this contract, and Erdek Travel Tourism and Consultancy Ltd. Co. shall terminate the notifications.

I accept.

Name and Surname:

Signature: