Sales Agreement

Distance Sales Agreement

AGENT OR PROVIDER INFORMATION

CONSUMER INFORMATION

Name :

 BEST CAPPADOCIA TOURISM TRAVEL AGENCY                                                                   CORPORATION LTD.

Name/Title:

Address:

 Kavaklıönü Neighborhood, Şehit Turan St. Ürgüp Business Center No5/10, 50400 Ürgüp/Nevşehir     

Invoice Address:                                                              

Phone:

 0384 341 73 41

Tax ID/VAT Number:

Provider:

 www.kapadokyatatil.com

Tax Office:

Email:

 info@kapadokyatatil.com

Phone:

Gsm:

Email:

ARTICLE 1 – PARTIES AND SUBJECT OF THE AGREEMENT

The parties to this sales agreement are; “Best Cappadocia Tourism Travel Agency Inc.” located at Kavaklıönü Neighborhood, Şht Turan St. Ürgüp Business Center No5/10, 50400 Ürgüp/Nevşehir (hereinafter referred to as AGENT). On the other side, the CONSUMER ………………………………………………………………..………………. The subject of this agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the product/service specified below, during the reservation process made by the CONSUMER via the internet site www.kapadokyatatil.com belonging to the AGENT or PROVIDER in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts.

The CONSUMER accepts and declares that he/she has been informed clearly and understandably by the AGENT or PROVIDER about their names, titles, addresses, phone numbers, and other access information, the essential characteristics of the product/services subject to the sale, the sales price including taxes, payment method, any and all preliminary information related to the product/service subject to the sale, and the right of withdrawal and how to exercise this right, official authorities to contact for complaints and objections, etc., that he/she has confirmed these preliminary information electronically and/or via phone or email, and afterward confirmed the reservation and agreement in accordance with the provisions of this contract.

ARTICLE 2 – PAYMENTS

2.1- At the time of registration, at least thirty percent (30%) of the reservation fee is collected.

PAYMENT METHOD

PAYMENT INFORMATION

 BANK TRANSFER

ADVANCE PAYMENT AMOUNT:

REMAINING AMOUNT:

 CASH

TOTAL AMOUNT:

2.2- The CONSUMER is obliged to make the payment for the purchased service to the bank accounts of the AGENT. The AGENT is not responsible for any payment made by the consumer outside the AGENT’s accounts.

ARTICLE 3- GENERAL PROVISIONS

3.1- The CONSUMER declares that he/she has read and is informed about all preliminary information about the product, the properties of the service, the sales price, and the payment method specified in Article 1 and that he/she has given the necessary confirmation in the electronic environment and call center system.

3.2- The AGENT or PROVIDER is responsible for the defectiveness of the service subject to the agreement.

3.3- In the event of the service subject to the agreement being used by a person other than the CONSUMER, the AGENT or PROVIDER shall not be held responsible for that person's refusal to accept the performance.

3.4- It is required that the signed copy of this agreement is delivered to the AGENT or PROVIDER and the fee is paid by the preferred payment method for the execution of the service subject to the agreement. The CONSUMER who does not send the signed agreement, despite the AGENT or PROVIDER’s sending of the agreement as per the relevant regulation and this contract, cannot defend the claim that the agreement “does not bind” him/her, all liabilities are on him/her, and he/she is obliged to pay the full amount of the agreement.

ARTICLE 4- RETURN PROCESS AND SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

4.1- The CONSUMER has the right of withdrawal within fourteen (14) days from the date of validity of this agreement for the execution of the service to himself/herself or the person he/she shows. To exercise the right of withdrawal, it is necessary to notify in writing via email within this period. In case of exercising this right, it is mandatory to deliver the invoice of the service presented to the third person or consumer to the AGENT. After the receipt of these documents, the service fee will be refunded to the consumer within 7 days. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded. The right of withdrawal cannot be used for reservations made less than 14 days before the performance date.

4.2- Accommodation transactions purchased during early booking, special periods (such as New Year, semester, holidays, etc.) and promotional periods cannot be canceled. However, the AGENT can negotiate with the hotel and postpone the room or equivalent taken by the CONSUMER for accommodation to a suitable date according to the hotel's availability (except for New Year, semester, holidays, etc.).

4.3- In the event that the CONSUMER misses the start of the service or does not notify in writing that he/she will accept the performance later, the AGENT 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.

4.4- The AGENT may cancel the services that it deems necessary to announce or record up to 7 days before the start of the service, either partially or completely. If the CONSUMER does not accept these changes and cancellations, he/she has the right to cancel the reservation and receive a full refund within 10 days. If the CONSUMER does not use the right of withdrawal within the validity period of the agreement but cancels less than 14 days before the performance date, he/she agrees and undertakes to pay the full advance payment to the AGENT.

ARTICLE 5-CANCELLATION, WITHDRAWAL, CHANGES

The AGENT or PROVIDER may cancel the contract due to force majeure or situations arising from service providers, hotels where accommodation will be made, or third parties that prevent the start or continuation of the service, even with all due care. In this case, the AGENT must inform the CONSUMER as soon as possible. In this situation, the CONSUMER has no right to compensation. The CONSUMER will be refunded the price of all unused services.

ARTICLE 6-MUTUAL RIGHTS AND OBLIGATIONS

6.1- The AGENT or PROVIDER is obliged to inform the CONSUMER of any cancellation notifications as soon as possible.

6.2 - The AGENT is in the position of service provider towards the CONSUMERS who purchase the service and various third parties and corporate entities offering other services related to excursions such as accommodation facilities, transport companies, etc. Therefore, the CONSUMER who registers for the trip through an application cannot hold the AGENT responsible for any delays caused by the vehicles not being present at the designated departure place, delays or breakdowns of road, air, and sea vehicles, obstacles due to fog, storm, and all weather conditions, or unforeseen technical defects.

6.3- The provisions of this agreement and the “pre-information form” agreed upon during registration, have been read and accepted by the CONSUMER, who has requested and confirmed that the same conditions may apply to the other individuals receiving the same service. The CONSUMER is jointly and severally liable for the payment of the contract amount. The CONSUMER acknowledges that he/she is a party to this agreement on behalf of the participants specified in the “pre-information form,” that he/she represents and releases them, and that he/she is responsible for informing them about the preliminary information provided under the relevant legal legislation. The CONSUMER is responsible for any damages arising from failure to fulfill this obligation. The preliminary notification given to the CONSUMER shall be deemed to have been given to the participant as well.

6.4- If the CONSUMER does not accept the performance on the grounds that the service purchased is defective, they must notify the AGENT in writing. Otherwise, the CONSUMER shall be deemed to have accepted the performance and have used the service. It is the duty of the good-faith CONSUMER to inform the authorized person in writing during the performance of the service regarding the issues they are complaining about. In matters not specified in this agreement, the provisions of the 1618 Law, the 6502 Consumer Protection Law, IATA, IHA, UFTAA conventions, TCC, Civil Aviation Law, BK, international agreements to which Turkey is a party, and the regulations, directives, and circulars issued based on them shall apply. For disputes arising from the enforcement of this contract, Ürgüp Courts and Ürgüp Execution Offices are authorized.

6.5- Circumstances that do not exist or are unforeseen at the date of signing of the contract and that hinder either or both parties from partially or entirely fulfilling their obligations and responsibilities under the contract or from fulfilling them in due time will be considered force majeure (natural disasters, war, terrorism, riots, changes in legal regulations, confiscation, or strike, lockout, significant breakdowns in production and communication facilities, etc.). In case such force majeure occurs, the party affected by it must inform the other party in writing immediately. In cases where the CONSUMER demands the annulment of the contract due to force majeure, the AGENT or PROVIDER will make every effort to refund the amounts paid. In the presence of force majeure, if the CONSUMER requests a cancellation, the AGENT or PROVIDER is obliged to refund the amount it can obtain from the person or organization whose services it has purchased or intermediated to the CONSUMER. They cannot be held responsible for the refund of the amount they could not obtain.

6.6- The AGENT or PROVIDER is obliged to fulfill its obligations within the specified timeframe. In case of non-fulfillment of this obligation by the AGENT or PROVIDER, the CONSUMER may terminate the contract.

In case of termination of the contract, the AGENT or PROVIDER is obliged to refund all collected payments within fourteen days from the date the termination notice reaches them, along with the legal interest determined in accordance with Article 1 of the Law on Legal Interest and Default Interest dated 4/12/1984 and 3095, and to return any valuable documents or similar documents that may impose a debt on the CONSUMER.

In cases where it is impossible for the AGENT or PROVIDER to fulfill its obligations under this agreement, they must inform the CONSUMER in writing or via a permanent data storage device within three days from when they became aware of the situation and refund all collected payments no later than fourteen days from the notification date.

6.7- Before the contract is established, any additional charges besides the agreed principle amount can only be requested with the explicit consent of the CONSUMER.

ARTICLE 7- CONFIDENTIALITY

The information stated in this agreement by the CONSUMER and the information provided to the AGENT or PROVIDER for payment purposes will not be shared with third parties.

The AGENT or PROVIDER may only disclose this information within the framework of administrative/legal obligations. Credit card information is never retained, and it is only used directly for the transaction during payment with the customer.

ARTICLE 8- INFORMATION REGARDING PAYMENTS MADE WITH BANK CARD

8.1- The AGENT or PROVIDER does not engage in installment sales in any way.

8.2- The prices given to the CONSUMER are cash prices, and all installment plans will be made without any additional charge by the AGENT or PROVIDER on the credit cards obtained by the CONSUMER upon request. All transactions regarding sales made with credit cards take place between the owner of the card (CONSUMER) and the bank to which the card is linked, and the AGENT or PROVIDER has no right or responsibility to intervene in these transactions.

8.3- The CONSUMER who purchases services with a credit card is obliged to inform the bank regarding early payment, reduction of installments, etc., and to make the payment at the branches specified by the bank.

ARTICLE 9- COMPETENT COURT:

All disputes arising from this agreement shall be resolved by the TConsumer Courts and Consumer Arbitration Boards, which are authorized by law throughout the Republic of Turkey. Consumers can submit their complaints and objections to the "Consumer Problems Arbitration Board" or "Consumer Court" located in the place where the CONSUMER has purchased the goods or services or where their residence is, within the monetary limits determined by the Ministry every December.

I have read, understood, and accepted the total of 9 articles of this agreement addressed to us and have signed and received one copy each.

CONSUMER                                                                                                                              AGENT STAMP AND SIGNATURE 

Name :

Surname :

Date/Time :

Signature :