Cancellation-Refund Conditions
On behalf of the consumers whose names are written below, I accept and undertake to pay the balance amount on the dates specified in the manner indicated on the front side of this agreement we have entered into with BEST CAPPADOCIA TOURISM TRAVEL AGENCY INC.
CONTRACT TERMS:
PARTIES
On one side, BEST CAPPADOCIA TOURISM TRAVEL AGENCY INC., located at KAVAKLIÖNÜ MH. ŞHT TURAN CAD. ÜRGÜP BUSINESS CENTER NO: 5/10 - NEVŞEHİR ÜRGÜP (hereinafter referred to as AGENCY) and on the other side, residing at the address below ' (hereinafter referred to as Customer) is a contract mutually agreed upon regarding the products/services specified in detail below.
They have reached a complete agreement on the matters specified below. In areas not written in this contract, the provisions of Law no. 1618 and the Regulations, Statutes And General Circulars, Notices and Charts issued in connection with it, Law no. 2634, IATA, IHA, UFTAA Convention rules as well as international private and official contracts will be applied.
PHONE: - 0384 341 73 41 EMAIL: info@kapadokyatatil.com
The provisions of this contract are valid for consumers acting with non-commercial and professional purposes in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Package Travel Contracts dated 14.01.2015 and for real and legal persons purchasing or undertaking to purchase a package tour to their name or in favor of whom a package tour contract has been transferred.
In this contract, the participant defined in Article 1.2 undertakes that they represent and bind those named and is responsible for providing the participant with information regarding the relevant legal legislation through preliminary informing and brochure contents. The consumer is responsible for not fulfilling the obligation to provide information. In this context, the brochures given to the consumer must inform the participant about the following:
1.1 The consumer is responsible for providing accurate information about themselves and the persons mentioned in Article 1.2 and for the registration in the contract. The agency is not responsible for the consequences that may arise due to incorrect identification and contact information (e.g. airline penalties, etc.).
1.2 The consumer expresses that they accept and undertake to be reached based on the contact information specified in Article 1.2 for themselves and the participant.
SUBJECT:
The subject of this contract is to determine the rights and obligations of the parties regarding the sale and performance of the service with the characteristics, sales price specified and information located in the brochure related to the AGENCY.
A-CONTRACT PRICE:
1- The contract includes all services mentioned in the brochure given to the consumer, including taxes. Excursions and other services outside of these are subject to additional fees.
2- All charges and similar payments and price changes regarding expenses will be passed on to the consumer.
3- Price changes can only be applied if the consumer is notified in writing at least 20 days before the scheduled departure date or through a permanent data storage device, not exceeding 5% of the contract price, under the following conditions:
- If the price change stems from extraordinary changes in the exchange rate.
- If the price change results from extraordinary changes in fuel costs.
- If the price change results from a change in taxes, fees, or similar legal obligations collected at ports, airports, or similar places.
4- In case of failure to make payment with a credit card, the consumer will be responsible for communicating with the bank with which the credit card contract was signed, and the agency cannot be held responsible. In case of default, late fees will be demanded for payment. This amount, including all services stated to be included in the price in the brochures related to the tour, has been specified separately. Other tours and services outside of these are subject to additional fees. Taxes, fees, and similar public payments required from tourists according to the regulations of the visited countries will be passed on to the consumer. This situation will be immediately notified to the consumer. The consumer may withdraw from the contract without any compensation payment or accept the changes by accepting an additional contract that states the changes made and its effect on the price.
B-PAYMENT PLAN AND METHOD:
1- The entire reservation fee must be paid either as a deposit or in full at the time of booking.
2- In case of making a full (single installment) payment with a credit card, there will be no application of price differences, installment differences, interest, etc.
3- In case of installment payments with a credit card, bank fees, and installment differences may apply.
C-GENERAL PROVISIONS:
1- The AGENCY or the organizer must issue a mandatory package travel insurance covering guarantees against the failure to fulfill the commitment and the inability to provide the service as promised, including for bankruptcy, in accordance with the Law No. 1618 on Travel Agencies.
2- The AGENCY or the organizer must immediately inform the consumer of the essential changes to the agreement and their effects on the price. Essential contract modifications can occur in the following situations:
- Important changes made to the content of the contract for reasons unrelated to the consumer before the start of the package.
- Other price changes, except for the reasons specified in Article 4.3 of this contract.
3- The minimum number of participants required for the tours is indicated in the brochure presented to the consumer. If the minimum number of participants is not reached, it will be notified to the consumer at least twenty days before the departure date, and in this case, the consumer has no compensation rights. However, the travel agency undertakes to refund all payments received from the consumer and any documents obligating the consumer within 14 days.
4- Best Cappadocia Tour Travel Agency has a contact number of 0-384 341 73 41 and a website www.kapadokyatatil.com. The representative (hereinafter referred to as REPRESENTATIVE) must also provide the consumer with information that enables the consumer to communicate directly with the responsible person at the location where the minor is staying if the consumer is not a recipient.
5- The AGENCY or the organizer recommends that the consumer ensure coverage for costs of return to the departure point for accidents and illness before the start of the package tour.
6- If the consumer has taken out an optional insurance contract to cover the cancellation of the package, the details regarding this must be provided.
7- The consumer must immediately notify the AGENCY or the organizer in writing about any deficiencies arising during the contract execution process. If the deficiency is not resolved, the consumer has the right to request a discount from the contract price in proportion to the deficiency.
D-FORCE MAJEURE EVENTS:
1- The cases of force majeure as specified in the laws, provided that all necessary precautions have been taken and all measures have been implemented, occurring due to extraordinary and unforeseen events that hinder the start, continuation, or completion of the package tour, will be considered as force majeure for the AGENCY/ORGANIZER and will not hold them responsible. These cases include, but are not limited to: natural disasters such as earthquakes, fires, volcanic eruptions, floods, storms, hurricanes, fog, thunder, etc., as well as other natural disasters, pandemic diseases, nuclear, and chemical accidents.
2- Force majeure also includes extraordinary situations preventing international air, land, and sea transportation during conflict, military mobilization, civil unrest, terrorist acts, sabotage, insurrection, occupation, civil wars, a coup, or takeover of the government by force, as well as industrial disputes and government sanctions.
3- The AGENCY/ORGANIZER is not liable for damages arising from any failure to fulfill the contract due to force majeure. The AGENCY or the organizer and their representatives are obliged to assist the consumer promptly in case of any inconvenience.
E-ASSIGNMENT OF CONTRACT:
1- If it is impossible for the consumer to continue with the package tour, the consumer may assign the contract to a third party who meets all valid conditions at least seven days before the package commences by notifying the AGENCY or the ORGANIZER in writing or via a permanent data storage device.
2- The consumer who assigns and the third party that takes over the package tour agreement are jointly and severally responsible for paying the contracting parties and any additional costs arising from the assignment, provided that the costs do not exceed the actual costs incurred by the AGENCY or the ORGANIZER.
F-TERMINATION OF THE AGREEMENT, CANCELLATION AND CONSEQUENCES:
1- If there is a change in one of the essential elements of the agreement before the start of the package, the consumer may accept the change or notify the AGENCY or the ORGANIZER in writing or via a permanent data storage device that they do not accept the changes and may exercise one of the following optional rights:
- Join another tour presented by the AGENCY or ORGANIZER without an additional fee provided it is of equal or higher value.
- Participate in a tour of lower value with the condition that the price difference is refunded to them.
- Withdraw from the contract without any payment.
2- In the event of withdrawal from the contract, the AGENCY or ORGANIZER is obliged to refund all payments made by the consumer within 14 days at the latest without any deduction from the date the withdrawal notification reaches them.
3- In the event that the package tour is canceled by the AGENCY or ORGANIZER for reasons not attributed to the consumer before the start of the package, the consumer may exercise their optional rights as specified in Article 10.1.
4- If the AGENCY or ORGANIZER is found to have significantly failed to fulfill an obligation after the start of the package tour, they must offer equivalent alternative arrangements to the consumer without additional cost. The AGENCY or ORGANIZER will be obliged to compensate for the difference between the services proposed and the delivered services. If the consumer does not accept the alternative arrangements, they may withdraw from the contract without further fee demands from the AGENCY or ORGANIZER, and payments made will be refunded within fourteen days from the withdrawal date. However, the AGENCY or ORGANIZER can demand compensation from the consumer in proportion to services already provided for the duration of the package tour. Also, in this case, the AGENCY or ORGANIZER must ensure the consumer's free transportation to the original departure point or any other place to which they agreed and cover any necessary accommodation expenses.
5- The consumer has the right to unilaterally terminate the contract by notifying the AGENCY or ORGANIZER in writing or via a permanent data storage device. If this termination notification is made at least 30 days before the start of the package tour, the amount paid will be refunded to the consumer without any deductions, except for mandatory taxes, fees, and similar legal obligations. However, in cases where the termination notification is made between 30 and 15 days before the start of the package tour, 30% of the amount paid will be refunded, excluding taxes and fees. In cases where the termination is made 15 days or less before the start of the tour, if there is NO CANCELLATION INSURANCE, the consumer's amount paid will not be refunded at all and will be entirely retained by the AGENCY. If CANCELLATION INSURANCE IS PURCHASED, the special clause 10.8 WILL APPLY.
6- For the consumer or their first-degree relatives; matters of force majeure as stipulated in the law, serious accidents requiring treatment, or deaths that prevent the fulfillment of any provision of the package tour agreement will be accepted as force majeure for the consumer. The consumer must prove the presence of force majeure with valid documents obtained from the relevant institutions. If the consumer notifies in writing or via a permanent data storage device of the termination within 30 days or less before the start of the package tour due to unforeseen circumstance or force majeure as specified in this article, all costs related to mandatory taxes, etc. arising from the termination will be refunded in full excluding any deductions.
7- In cases where the tour cannot operate due to the insufficient number of participants, the AGENCY may cancel the tour with at least 14 days' notice to the consumer. The consumer will be refunded in full within 14 days from the notification date.
8- SPECIAL CLAUSE CANCELLATION INSURANCE: Our tour has an assurance of seat and price with a 50 € deposit. However, for this, a 50 € deposit along with a 20 € CANCELLATION-CHANGE insurance must be made. Guests who do this can cancel their tour without giving any reason, reports, etc. at least 7 days (168 hours) before the foreign tour, and can switch to another date of the same tour without any price difference if there is availability.
9- SPECIAL CLAUSE DEPOSIT RESPONSIBILITY: The consumer who has not purchased cancellation insurance must inform the AGENCY at least 30 days in advance that they cannot participate in the tour, as it guarantees a seat and price with the deposit. If they declare this, their deposit will be refunded, and they will be released from payment obligations as per Article 10.5. If notification is made between 29 and 15 days, 70% of the total fee including the deposit as specified will be charged. In cases with less than 15 days, the total fee will be charged to the company. Courts with jurisdiction are all of the relevant authorities. Consumers who have purchased cancellation insurance or have force majeure are exempt from this provision.
10- OUR TOURS ARE ON SALE WITH FIXED SEAT APPLICATIONS. However, if the sufficient number is not reached, one or more agencies may operate together. In this case, a rotation will be implemented.
G- EXCULPATION FROM LIABILITY:
1- The AGENCY or ORGANIZER cannot be held responsible for damages arising from non-performance of obligations due to the following circumstances:
- If the consumer is at fault.
- If there is an unexpected and unavoidable action by a third party that is not part of the performance process of the contract.
- If any of the force majeure events specified in Article 8 occurs.
- If the AGENCY, ORGANIZER, or independent service providers have taken all necessary precautions and still cannot foresee or prevent an occurrence.
- The cancellation of the package tour due to insufficient participation as anticipated, provided that it has been notified to the consumer at least 20 days before the start of the package.
2- The AGENCY or ORGANIZER, or their representatives are obliged to assist the consumer quickly in case of any difficulty if the cases listed in Article 11.1 (b), (c), and (d) occur.
3- This contract, prepared in two original copies, has been read, checked, and accepted by both parties. Both parties confirm and acknowledge their commitments and acquisitions by signing it. The party that signs this contract on behalf of themselves and those whose names are written below acknowledges that they assume full legal responsibility toward them.
4- In cases where the AGENCY fails to comply with the contract partially or completely, the compensation to be paid will be calculated based on the TURSAB Kütahya Schedule provisions.
5- I declare that I have read, accepted, and approved the latest version of this agreement prepared in conjunction with the below-named persons. This declaration includes that I am informed about the package tour purchased within the framework of the Law on the Protection of Consumers and the Regulation on Package Travel Contracts in terms of all services and their qualities, the selling price, payment methods, and all preliminary information regarding the performance.
H-VISA RELATED INFORMATION:
Bellima Tour has no right or obligation to examine the participants' passports. The consumer's declaration shall prevail on this matter. Those who do not receive visa tracking services from Bellima Tur or claim to already have a visa and/or possess a green passport or travel with a passport that does not require a visa will be responsible for ensuring that their passports meet the visa requirements of the trip. Bellima Tur cannot be held responsible for passengers not being able to join due to visa or passport deficiencies. In such cases, passengers who are green passport holders or will travel to a visa-free country must ensure that their passports are valid for at least six months from the end of the trip and that they are compliant with the new regulations, have not expired within the last 10 years, do not have tears or damage, and that their visas cover the dates of travel. They must also check the number of entries (single, double, multiple) and that they have not misused their visas.
-SUBMISSION OF VISA DOCUMENTS:
If the customer participating in the overseas tour wishes to have Bellima Tour handle the necessary visa tracking processes for exiting the country, the principles concerning the visa services to be provided by the authorized agency working with Bellima Tour are regulated in this article. The documents required for visa application and visa expenses, as well as the visa service fee, must be delivered to the authorized agency serving Bellima Tour no later than 25 days before the departure date. The delivered passport must be valid for at least 6 months from the date of the end of the trip, not be older than 10 years, and not have any rips or damages. Entry and exits to foreign countries are entirely at the discretion of the respective country. Consulates may refuse entry for any reason. Therefore, participants are recommended to obtain insurance to tolerate this risk. The participants were informed about this when signing the contract. The validity of passports and any deformities (rips, tears, etc.) are the person's own responsibility, and Bellima Tur will not be responsible for any disruptions or obstacles that arise during the controls of consulates or country entries.
-VISA INFORMATION:
For information regarding visas, you need to provide the visa department with at least one month’s notice before your scheduled departure. If the visa is to be obtained by the agency, it is necessary that the consumer receives notification of the delivery time of the necessary documents for visa appointment on time. If the documents are not delivered in a timely manner resulting in non-receipt of visa, the travel agency cannot be held responsible for related damages. An agency that has received complete documents on time cannot be held responsible for the issuance of a visa. If the documents are completed, you can quickly contact our visa department with the contact information below.
-RESPONSIBILITIES IN TRACKING VISA PROCESSING:
If requested by the consulate, the participant agrees and declares that they will personally apply with their documents at the consulate on the specified date and time. Participants who fail to attend their appointment will not be able to make any claims against Best Cappadocia Tour, and the entire tour fee will be collected from them.
1- If the participant delivers their passport and documents to Best Cappadocia Tour and the consulate finds the documents inadequate or lacking, all liabilities arising from failure to submit any additional documents required by the consulate within the specified time will be the responsibility of the participant. Therefore, unreceived visas will not be the responsibility of Best Cappadocia Tour or the authorized agency, and payments made will not be refunded; the entire tour fee will be retained.
2- If the participant has submitted all documents on time and the agency applied on time, but the consulate rejects the application or under reasons not attributed to either party, the tour fee will be retained in full as long as the submission was completed correctly, and the participant will still need to make a full payment.
3- In the event that all visa processes have been duly completed and nonetheless the consulate rejects or delays the application until the day before the start of the tour, the participant will have the right to receive the total amount of the tour fee back minus visa fees, processing fees, etc.
4- If the participant states they have a visa for the countries they will visit or indicate that they will handle the visa process themselves, they cannot terminate the contract by claiming that the visa processes did not occur; this responsibility rests with the participant, and they must pay the entire tour fee.
5- Even though all visa regulations have been validly completed, if any guest cannot be allowed entry to the country for any reason, Best Cappadocia Tour or the authorized agency will not be liable for providing refunds, and the participants will still be required to pay the entire tour fee.
6- Participants who state they have a visa for the countries they will visit or indicate they will handle visa processes themselves cannot terminate the contract by claiming that the visa processes did not occur; this responsibility rests with the participant, and they must pay the entire tour fee.
7- Best Cappadocia Tour or its authorized agency does not have any authority or obligation over consulates. Bellima Tour will not be liable for any delays occurring at the consulate or causing any obstacles for participants for any reason. If a visa is not obtained, the reason will legally be stated by the consulate.
I-OTHER PROVISIONS:
· Children's discounts apply in cases where children stay in the same room as their parents as the 3rd or 4th person.
· In hotel accommodations, separate beds are not provided for children aged 0-6 years.
· In transportation vehicles, children over 2 years of age are required to have their own seats.
· The vehicle may vary according to the number of participants. Depending on the number of participants registering for the tour, a minibus will be used for 15-17 participants; a small bus for 18-31 participants; and for over 31 participants, 46-seat buses will be used.
· Reservation holders are responsible for tracking and controlling their belongings throughout the tour, and the agency is not liable for lost/stolen items.
· The agency has the right to change the tour program and accommodation facilities, as well as cancel the tour, due to force majeure or operational reasons, either before or during the tour. In this case, the reservation holder does not need to approve any changes, nor do they incur the right to compensation.
· For air travel, the flight time or aircraft type may change due to reasons related to the airline. The reservation holder acknowledges that they have been specifically informed of this upon contract signing.
· All services included in the tour program are detailed therein, and any other tours or services are subject to extra charges. Participation is optional, however only sufficient participants will be accepted.
Check-in at the accommodation facilities is done by the facility itself. Check-in is at 14:00 and check-out is at 11:00.
· For overseas tours, a passport is required for all, including infants (a birth certificate is sufficient for the TRNC). Some countries may require a visa, which will be communicated upon booking.
· Any additional services outside the scope of the accommodation type specified in the tour program will be payable upon the reservation holder's check-out.
· For travel arrangements, participants must be at the meeting point half an hour before the departure for bus trips, and two hours before for air travel.
· Depending on conditions, the tour guide can make changes to the program, provided that the tour is fully realized.
The duration of the tour starts from when the means of transportation departs and ends with its return. Overnight stays are calculated accordingly.
· In tours that include transportation, seat numbers are not assigned at the time of reservation. Seat numbers will be provided by the transfer guide inside the conveyed vehicle during the departure.
· The transfer services related to air travel are valid only for packages purchased from the AGENCY. Situations such as the guest changing their flight or checking out early from the hotel will result in no transfer service being available.
· Flight tickets related to transportation packages are non-refundable once issued as they are often obtained via special agreements with the airlines. The consumer has accepted that in the event that they cancel the tour, they will not get a refund as the airlines’ ticket fees were paid in advance. Therefore, the consumer holds no compensation rights.
· If conditions allowing refunds are met, the return is possible only after the tax invoice has been issued to the AGENCY.
· In installment sales, in case the debtor defaults on two installments, the entire debt becomes due immediately.
· The reservation holder agrees and undertakes to make payments within the stipulated deadlines as stated in this contract. If the debtor defaults on payments, a penalty fee of 5% of the reservation total will be accrued immediately without needing to provide any notice, along with a monthly late fee of 17%. (In payments made with cards, the rights that the cardholder holds are based on the contract they made with the institution).
· If it is determined that the criteria for free or discounted accommodation of children set by the establishment are not accurately represented during the reservation process, the full payment will be made immediately for these children, as well as any necessary adjustments.
Pets are not permitted in the transportation vehicles and the establishment.
· If the consumer abandons the exiting tour due to defective service, they must notify the agency and the hotel in writing along with their reasons. Otherwise, the consumer will be considered to have abandoned the tour and benefited from the service.
· It is the good-faith consumer's duty to report the matters they are dissatisfied with during the service process in writing to the authorized personnel. If the consumer uses the service until the end despite their complaints, they forfeit their rights to compensation such as replacement services and refund of amounts.
· Consumers who do not sign the contract but participate in the tour are deemed to have read, accepted, and undertaken this contract on behalf of the persons they assigned. Nonetheless, if any participating consumers make claims against the agency based on not having signed, they shall reserve a right to recourse to the consumers who signed the contract and for whom they have paid amounts beyond what is stipulated in the contract.
All travel insurance package costs are the responsibility of the reservation holders. The scope of coverage for insurance services is defined by the policy of the insurance company providing that service. The agency holds no liability concerning the terms, coverage, or implementation of these guarantees.
· The amount paid by the reservation holder only covers the tour package they acquired and the date of the tour.
· In case of discrepancies between the copy left with the consumer and the copy retained by the agency, the records of the agency shall prevail.
· The agency has the right to make any changes to the tour program, accommodation facilities, or completely cancel the tour before or during the tour period due to force majeure or operational reasons. In such instances, the reservation holder does not need to approve modifications made, nor does the cancelation create any rights for refunds or compensation. In a case where the consumers are unable to participate in or continue the tour due to force majeure, the reservation may be transferred to a third party meeting all required conditions. In this case, both the assignor and assignee are jointly responsible for all amounts and costs arising from the agreement.
· In Air tours, depending on airline capacity, the airline may change the flight direction and time. Best Cappadocia Tour reserves this right and will communicate the details to guests at least 36 hours in advance and arrange for service. Each client participating in the tour acknowledges this change.
· The amount paid by the reservation holder only covers the tour package they have acquired, including the details of the tour program and dates. The reservation holder does not get affected by any price changes.
· The parties acknowledge the addresses and phone numbers specified in this contract are correct, and changes will be valid unless communicated in writing.
· In cases where the agency partially or entirely fails to comply with the contract, the compensation to be paid will be calculated based on the provisions of the TURSAB Kütahya Schedule.
The agency's reports and records will be treated as evidence in case of disputes related to this matter.
Any applications must be made within 15 days from the end of the tour.
· Istanbul Anatolian Courts will be competent regarding disputes arising from this contract.
The consumer has declared that they have read and understood the provisions of this contract and its annexes, that they were informed by the agency's representatives about any unclear or ambiguous matters, and that there is nothing left unclear. They affirm that their decision to enter into this contract is not coerced and follows their free will.
By purchasing the services of BEST CAPPADOCIA TOURISM TRAVEL AGENCY INC. through the website www.kapadokyatatil.com, which is the online sales channel of the Best Cappadocia Tour travel agency, I am considered to have accepted this contract digitally.