Package Tour Contract
PACKAGE TOUR CONTRACT
In accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Package Tour Contracts dated 14.01.2015, the consumer has been informed before the trip, the Detailed Trip Program (Brochure) in Annex 1 has been given, the Tour Registration Form in Annex 2 has been prepared and this contract has been issued under the following conditions.
1) PARTIES AND SUBJECT MATTER: On one side, Marga (to be named as Agency in the contract), the travel agency owner with TURSAB Class A certificate numbered 7876 and certified by the Ministry of Culture and Tourism; on the other side, the tour participant (to be named as Participant in the contract) “whose name, surname and other personal information are included in the ‘Tour Registration Form’" which is an integral part of this contract have signed a package tour contract for the provision of the service specified in the Detailed Trip Program (Brochure) and Tour Registration Form, in accordance with the terms and conditions expressly written herein. By signing this contract, the participant is deemed to have accepted all tour and travel conditions of the Agency.
2) PLACE OF PERFORMANCE WITH THE CHARACTERISTICS OF THE SERVICE: Pursuant to this contract between the agency and the participant, the agency has accepted, declared and undertaken to provide the services specified in the total price of the tour program, which is an inseparable and an integral part of this contract, which has been accepted by both parties as an integral part of this contract, and the participant has accepted, declared and undertaken to fulfill the obligations specified in this contract and the attached program. Since the program and participation forms, including the special price conditions, special conditions and commitments included in the contract and tour program, are in a sense complementary and integral parts of this contract, the validity of the rules of the main contract, in which all the terms and contents written in this form and tour program refer to this main contract, has been accepted by the parties. The detailed itinerary may be amended by the parties by prior notification with the consent and acquiescence of both parties. The main features of the service to be provided by the agency, the duration of the tour, including the departure and return dates and times of the tour, accommodation during the tour, stopping-over places, tour and trip routes including transportation and transfer connections, transportation vehicles, accommodation location and class, number of meals, guide and other services included in the tour, if any, are given in the trip program signed separately by the participant and the participant has already accepted and undertaken to receive services within this program. From this sentence, the participant accepts and undertakes that this contract and its annexes are a package tour contract in accordance with the relevant legislation.
3) GENERAL CONDITIONS a) An application, which is confirmed verbally or in writing, becomes final and comes into force with all its terms and conditions upon the timely payment of the prepayment specified in the detailed trip program to the bank specified by the agency or to the agency itself in cash or by credit card as notified and the signing, approval and / or acceptance of this contract in writing or electronically by the participant. b) The participant who makes a reservation on behalf of more than one person or a group is obliged to inform the other participants and group members in the same group in detail about the detailed itinerary and the terms of this contract, which are an integral part of this contract, and to declare that this contract and its annexes are valid for each participant. It has been accepted and undertaken by the parties that the contract will be valid with this obligation. c) The participant (s) who do(es) not have a signature in the contract but participate in the trip subject to the contract is/are deemed to have accepted and undertaken the provisions of the contract when the participant (s) they have assigned to register on their behalf sign this contract. Participants of in this trip, even if they have not signed the contract, have learned the terms of this contract, which will be valid between the parties, through Marga (Brochure), Marga website and advertisements, and have agreed to participate in the trip under these contract terms. For this reason, participants do not have the right to cancel or postpone the tour. d) Even in the case of participants who make reservations on behalf of more than one person or a group, each of the participants belonging to the group is obliged to fulfill the conditions in the trip program, which is an integral part of this contract and is attached, and the documents and information requested by the agency and to submit them to the agency in the requested time and time
4) FORCE MAJEURE a) Natural disasters (earthquake, flood, fire, landslide, lava and volcanic eruption...), states of emergency (martial law, curfew, terrorism, hotel, airport raid, airplane seizure, war, civil unrest, uprising, riot and other movements), popular movements (strike, rally, march, road blocking...), interstate tension, diplomatic restrictions, health problems, (epidemics, quarantine), weather (snowfall, blizzard, fog, storm, lightning....), customs regime changes, general restrictions in the transportation sector and special restrictions such as bankruptcy or liquidation of any of the transportation companies on airlines, trains or sea routes and highways, including but not limited to these, the agency cannot be held responsible for any loss or damage arising directly or indirectly from the consequences of any adverse consequences that are not the fault of the agency or cannot be foreseen. In short, in the absence of a fault attributable to the agent, there is no obligation to pay any compensation. In this case, the agent shall not be held liable for the failure or incomplete performance of its obligations or for any defects in its performance. The participant accepts and undertakes in advance that he / she will not make any material or moral claims from the agency in these cases and waives these claims. After the expenses incurred by the agency until the cancellation of the tour are deducted, the remaining amount is refunded to the participant. b) The agency has the right to unilaterally terminate the contract and its annex, the entire program, and cancel the trip for any reason written above. c) Contrary to the agreements made between the agency and the transportation vehicles (buses, minibuses, midibuses, off-road vehicles, rental vehicles, trains, ferries, ships, planes, helicopters, balloons), the agency cannot be held responsible for the consequences of delays, breakdowns, accidents, and any negative consequences arising from the personal defects of the drivers of these vehicles. In this sense, no material and moral responsibility can be imposed on the agent. The agency cannot be held responsible for any loss and damage that may arise due to possible cancelations, delays and suspensions in flight, train and ferry times, possible delays due to technical problems. In this case, the participant's only interlocutors are the transportation company and the owners of the means of transportation. The participant has already accepted and undertaken that all kinds of changes and arrangements may be made by the airline companies in the flights within the framework of the provisions of the Warsaw Convention revised on 28.9.1995 and international aviation rules, and that he / she will not object to this. d) The agency reserves the right to change the trip and tour route due to natural, social, cultural, road and weather conditions and reserves the right to make changes in the tour. e) The agency reserves the right to use or not to use other force majeure reasons not written in this contract and granted to it in accordance with other legislation. f) The agency has the right to change the airline, transfer points, accommodation facilities or departure times by notifying the participant in advance and adhering to the same standards, and it is agreed by the parties that the participant does not have the right to request cancellation and / or refund in such cases.
5) PAYMENTS AND RESERVATION TERMS a) The Participant may apply to the Agency for a reservation before or after the detailed itinerary goes on sale, either verbally (telephone, office visit...) or in writing (letter, fax, e-mail, etc.). Priority ranking is made by the agency according to the applications and the trip is confirmed or the participant is notified that he/she is included in the reserve list. b) The price and payment method of the tour including taxes are specified in Annex 2. It can also be collected in TL, provided that it is traded at the exchange rates determined daily by the agency. Card commissions applied by banks and intermediary institutions are added to the amount in credit card single payment and installment sales. c) The pre-booking made is finalized with the deposit of at least 50% of the trip fee and the mutual signature of this sales contract simultaneously. The balance must be paid no later than 21 days for domestic trips and 30 days for international trips before the trip departure date. If the specified payments are not made within the aforementioned periods, the reservation made will be canceled. d) The agency reserves the right to cancel the application unconditionally and unilaterally without any obligation to show any reason if the payment is not made in the manner and date specified. In this case, there is no prerequisite for written or verbal feedback or declaration by the agency. e) No prepayment and/or advance payment can be made to the bank for a trip without confirmation from the agency. All costs and expenses related to the return of such erroneous and unconfirmed remittance shall be borne by the participant or sender.
6) TRAVEL INSURANCE Pursuant to Law No. 1571, the agency is obliged to provide compulsory package tour insurance for travel agency activities. The agency can obtain this insurance from companies that fulfill the guarantees required in travel insurance in accordance with the relevant law of TURSAB or the Ministry of Tourism. This insurance covers the bankruptcy of the agency or the inability to provide package tour service for any reason. It is not a more comprehensive Travel Insurance Package and/or Health insurance and does not cover treatment and similar expenses. Buying such a comprehensive insurance package is a private expense for the guest. The Agent may provide or arrange for the provision of a comprehensive Travel Insurance Package in accordance with the conditions and fees set out in Annex 2. The conditions of the Travel Insurance Package are announced on the Marga website.
7) TRAVEL TOUR PRICES a) The agency has clearly and unambiguously stated what is included and what is not included in the prices for the trips it offers for sale with its detailed program for weekend, domestic and international trips with accommodation, and payment terms. Apart from the detailed trip program, any additional services requested by the participant (room and plane seat selection, class selection in transportation vehicles, etc.) are forwarded to the relevant institution for fulfillment, provided that the fees are paid. However, there is no guarantee that the request will be fulfilled. The participant has no right to postpone, cancel or request compensation for additional services that cannot be fulfilled. b) Visa fees of visa-imposing countries are strictly excluded from the price and visa fees are also included in this price. The participant accepts and undertakes in advance that he/she will not claim a refund fee due to the failure to obtain the visa due to reasons arising or not arising from the participant. The agency reserves the right to demand the service fee in this direction, as it will be separately interested in initiating and terminating all kinds of visa-related applications. c) Since transportation, airport taxes, ticketing service fee, international exit fees, visa fees are calculated separately in the detailed trip program, in case these fees are changed by the relevant institutions close to the start of the tour and an additional fee is requested, the participant unconditionally agrees to pay this fee separately. Since such price differences, which are likely to be outside the initiative of the agency, must be paid immediately by the participant, the right that these price differences and increases will be added to the tour price by the agency has been accepted by the participant. d) The prices given in the tour programs are per person prices in double rooms. Except for the special conditions specified in the detailed trip program annexed to this contract, the participant accepts and undertakes that the participant who wants to stay in double rooms and makes a reservation as one person will have to pay the single person difference if a roommate is not found 21 days before the trip. e) When a participant who participated in the trip to stay in a double room and made a prepayment wants to cancel the trip, in cases where the participant has the right to refund, if the second person who will stay in the room does not pay the single room difference, the participant who withdraws the single room difference will pay the single room difference and accepts and undertakes in advance that it will be deducted from the amount that can be refunded.
9) TERMINATION CONDITIONS a) The agency may cancel any trip 21 days before the start date of the trip with weekend accommodation and for domestic trips, and 30 days for international trips or earlier, without obtaining approval from the participant when deemed necessary, but provided that the participant is notified. In such cancellations, the amount paid by the participant will be refunded in full. However, due to this cancellation, the participant accepts and undertakes that the participant has no right to claim any material or moral compensation before the agency and waives such compensation claims. b) If payments are made by the participant by credit card, the credit card commission received by the Banks is deducted and refunded. The agency is not responsible for any damages arising from the participant's voluntary upgrades or use of miles. c) In the event that the tour is canceled by the participant after making a reservation for international or domestic tours - regardless of the reason - even if the tour departure date is more than 90 days away - a 15 percent cancellation penalty is applied for the reservation made. For cancellations made up to 61 days before 90 days, 25 percent of the total tour price; For cancellations made up to 30 days before 60 days, a 50 percent cancellation penalty is applied and the remaining money is refunded. - NO REFUND will be made for cancelations made after this date. In addition, damages that may arise from the amount paid for the flight ticket and insurance policy, etc. will be calculated separately and collected from the participant who cancels. If the refund is made through a bank, the bank charges shall be deducted from the amount to be refunded. d) In case of cancellation, the participant agrees and undertakes to pay the tour price to the agency under the above conditions. Otherwise, the agency reserves the right to claim legal interest and any damages and losses arising from the delay. e) The participant may transfer the purchased tour to anyone he/she wishes up to 21 days before the start of the trip, except for the special conditions specified in the detailed itinerary. The transferee shall be jointly and severally liable together with the transferor for the balance and the expenses arising from the transfer. Even if he/she does not sign the sales contract, the transferee is responsible for this sales contract in accordance with the rule of succession, and the transferee does not have the right to demand a refund in case the transferee cannot go on the trip for reasons arising from himself/herself or cannot participate for any reason. f) The agency has the right to cancel all reservations made on behalf of the participant 24 hours after the start of the trip if the participant does not notify in writing that he / she will participate in the trip that he / she missed the start of the trip. The participant accepts and undertakes that no payment or refund will be made to the participant in such cancellations. g) When the participant or agent cancels the trip in accordance with the cancellation conditions period, the amount to be refunded will be in the currency paid to the agent. The agency cannot be responsible for exchange rate differences that may occur in foreign currency over time. For payments made by credit card, the refund will be made to the same credit card. The agency cannot be responsible for possible damages.
10) PROBLEMS ARISING FROM THE FAULT OF THE AGENCY: In the event that the trip cannot be made due to reasons arising from the faulty application or gross negligence of the agency, the agency agrees and undertakes to refund the entire amount paid to the participant. a) The agency is responsible for any changes in the tour program purchased by the consumer after the start of the trip. The agency may compensate the consumer in the form of a refund of the price or service to the consumer in accordance with the provisions of the TURSAB Kutahya Schedule (TURSAB TOURISM CONSUMERS' DEMANDS EVALUATION CHART) during or after the trip, as well as compensate the consumer with additional services not included in the price and provided to the consumer during the trip. The fact that additional or substitute services have been purchased, used or consumed by the consumer eliminates the consumer's rights to refund and compensation b) For matters not written in this contract, the provisions of Law No: 1618, Law No: 4077, Law No: 4288, Law No: 2634, IATA, IHA, UFTAA Convention provisions, Civil Aviation Law, the provisions of Law on Obligations, Turkish Commercial Code, International conventions in which Turkey is included and the by-laws, regulations, circulars and communiqués issued in connection therewith and the provisions of TURSAB Kütahya Schedule, which is the application of the internationally accepted Frankfurter Tabelle in Turkey, will be applied.
11)PROBLEMS THAT MAY ARISE FROM THE PARTICIPANT'S ERRORS OR EXCUSES a) The agency cannot be held responsible for the consequences that may arise from payments not made on time, documents not delivered to the agency on time or incomplete documents. In such cases, the agency has the right to cancel the participant's trip. In cases where the participant's reservation is canceled due to the participant's failure to submit the documents requested by the agency on time, the provisions of the article titled termination above are applied for refunds in such cancellations. Compulsory cancellations after the dates specified in this termination article will not be refunded regardless of the reason and the participant will not be entitled to any claim for these reasons. b) When applying for a visa to consulates through the agency, the participant agrees that the agency is only an intermediary institution. The participant also accepts that the agency has no responsibility and liability in case the visa is not issued to the participant. The agency cannot be held responsible for any material damages that may arise from this contract due to the refusal of the visa. c) The participant cannot claim any refund, return or compensation from the agency in the event that lack of his/her identity card, Passport, customs documents, tickets, vaccinations, etc, or invalid passport from the parent, lack of a foreign exit authorization for their children, having a certificate of inability to travel on airplanes, not enough blank pages or not enough time in the passport, or again in the event that the participant is banned or prevented from leaving the country by judicial or administrative authorities or law enforcement agencies, is held at an airport, or is arrested or detained during the trip d) The participant is responsible for the accuracy of the information of the name or surname (as written in the Passport) declared in this contract. The agency will rely on the information provided to it by the participant in passport, visa, customs procedures or ticket transactions, and the agency has absolutely no obligation to conduct a separate or independent review or investigation of this information. The agency cannot be held responsible for the problems and consequences arising from the information provided by the participant to the agency. The participant shall not have any claim or right to compensation in this case. e) The participant cannot hold the agency responsible for any delays or similar reasons (such as not finding a place in the means of transportation or traffic congestion) that may arise from the means of transportation (such as plane, train, ship, bus, private vehicle) at the starting point of the trip, in case of being late to the accommodation or meeting place, in case of missing the tour, and cannot hold the agency responsible for these issues under its own responsibility, and cannot make any claims or compensation claims. In case the participant is not ready at the relevant departure point, airport, station, port and bus station or meeting point at the time notified by the agency, the ticket will not be suspended and the trip fee will not be refunded in any way. f) Except for documenting a service that has been paid for but not fulfilled, there can be no refund if the participant does not want to stay at the allocated hotel for any reason or wants to leave the trip or hotel due to personal problems or excuses. g) The participant accepts and undertakes that he/she will not hold the agency responsible for the consequences of his/her own health problems (blood pressure, heart, asthma, high altitude problems, etc.). h) The participant accepts and undertakes that the agency will have no responsibility for any damage and loss that may occur during the tour and trip program of the agency and that no defect can be attributed to the agency, and that the agency will have no responsibility for any injuries such as sprains, fractures and any damage and loss that may occur to persons or property beyond the control of the agency. The agency will make its best efforts in such cases, but the relevant insurance company will be the addressee in such requests. i) If the participant continues to benefit from the tour program even though he/she has complained, he/she is deemed to have waived his/her claim for compensation and reimbursement regarding the subject of the complaint.
12) MISCELLANEAOUS a) The participant is responsible for any damage, loss and damage caused by the participant in the accommodation facilities or vehicles and places providing services. b) The agency will assist in obtaining a visa within the specified period. However, the agency is an intermediary between the participant and embassies and consulates. The participant is responsible for any damages caused by the authorities not issuing visas and no fault can be attributed to the agency. The agency does not make any declaration, guarantee and/or warranty in relation to obtaining a visa. Since obtaining a visa does not guarantee entry to the country in question, it has been agreed by the parties that the agency will not have any responsibility if the participant is not admitted to the country within the tour, that the participant does not have the right to a fee refund, compensation and damages before the agency for this reason alone, and that there is no compensation payment to the participant in this direction. Whether or not it is written in the annex of this contract, the visa fee will definitely be added to the tour and trip fee. The participant does not have the right to offset this visa fee from the trip fee. c) The participant is responsible for the damages and losses that will occur if the participant cannot start the tour, even against his/her will, for reasons such as being banned from leaving the country for any reason such as his/her tax debt, etc., being banned from leaving the country. In such cases, the participant accepts and undertakes that he/she has no right to compensation before the agency. d) The participant is responsible for any excess baggage amount other than the announced baggage quantity and weight. The participant is solely and fully responsible for all damages and losses arising from the participant's failure to pay the excess baggage amount to the relevant airline company. e) In cases such as damage to the baggage, loss of baggage, the agency is not responsible, but will do its best to solve the problem. The Participant shall hold the relevant accommodation, transportation or insurance company responsible. f) The participant must comply with the arrival and departure times announced by the accommodation facilities in advance. The participant is responsible for payments other than the services included in the trip price, and the participant is obliged to pay such expenses immediately and on time. g) The agency reserves the right to change the tour guide, airline company, hotel and facilities in case of necessity, provided that the participant is informed unilaterally. h) All kinds of responsibility for luggage and its contents belong to the participant. The agency cannot be held responsible for the loss or damage of cameras, cell phones, computers, valuable documents, jewelry, money to be left in baggage or hand bags. I) The participant is responsible for evaluating the suitability of the tour for his/her health and fitness conditions. For this purpose, it may request all kinds of written and verbal information from the agency. Participants with any health problems are obliged to consult their doctors for approval before registering for the tour and to inform the agency before registering for the tour. Depending on the type of discomfort, the agency reserves the right to accept the participant to the tour or not. i) Group leaders are responsible for conveying information about the flow of the tour to their group. At every stage, the participant should make sure that he/she receives all the information about the tour completely and accurately. The agency shall not be held responsible for any consequences that may arise from not hearing the explanations addressed to the general public or misunderstanding the information given indirectly. j) Each participant who does not comply with the rules and tour leader who creates unrest by showing incompatible behaviors within the group, exhibits individual behaviors, wants to change the tour program by forming a group, is responsible for all damages and losses that may occur due to these behaviors against the other participant and the agency and is obliged to cover all damages that may arise. k) It is the responsibility of the participant to comply with local customs and traditions in the countries visited, to follow the warnings given and to act as recommended for personal safety. The participant is responsible for the material and moral damages caused by the participant in these matters. l) The agency has no promises to the participant except for the written matters in this contract and its annexes. Except as stated, no person or organization is authorized to make promises to the participant on behalf of the agency or to make a discount on the tour fee. m) It is the duty of care of the bona fide consumer that the participant notifies the agency official in writing during the performance of the service. The fact that the participant uses the service to the fullest extent even though he/she has made a complaint eliminates his/her rights to compensation such as substitute service or refund of the fee related to the matters complained of. Complaints expressed in any questionnaire or feedback form that may be distributed or submitted by the agency after the end of the trip are not considered under this article and do not entitle the participant to any claim. n) During both the tour and the trip, the right and initiative of the agency to choose the most suitable vehicle for the salvation and well-being of the tour and trip is entirely in the hands of the agency, and the participant does not request an extra and additional vehicle. The participant has already accepted and undertaken that he/she will not object to travel with the most suitable vehicle provided by the agency. o) The participant cannot request a discount and/or refund from the agency in case of a price difference with other participants. Therefore, it cannot request cancellation. p) In cases such as missing the meeting with the tour leader guide at the meeting point and meeting time specified in the program at the beginning of the trip, thus not being able to participate in the trip, missing the plane, missing the bus, the participant accepts and undertakes that the participant will not be refunded the tour fee and cannot request a change with another trip. r) The participant accepts and undertakes in advance that the cost increase that is likely to occur if the transportation vehicles change out of initiative will be reflected exactly in the tour and trip prices and that the participant will pay the cost difference without objection to this situation. s) It is accepted and undertaken by the participant that the agency will not have any responsibility in case the border crossing cannot be made and the relevant country cannot be entered due to possible problems at border crossings or airports, customs areas. t) During the trip and tour, the participant is responsible for the additional costs that the participant will incur or give in case the participant misses the tour leader slowly or absentmindedly during the trip and tour, gets lost at the trip or stays alone, and the participant accepts and undertakes that he / she will not make a claim before the agency and will not request a deduction and / or refund due to such expenses. u) In case of leaving the facility before the time of breakfast and/or lunch-dinner at the accommodation facilities, the participant cannot claim the cost or refund of these meals. In the event that more time is spent due to unforeseen reasons during the trip and tour and instant changes are made in the program, the agency has no responsibility for this change that occurs out of initiative, and the participant cannot claim any material or moral compensation from the agency in this regard, and the participant has no right to claim in this regard. v) By signing the contract, the participant agrees that he/she will receive phone calls, SMS messages and news about tours and informative e-mails from the agency. y) The agency undertakes to adhere to its legal responsibilities announced on its website regarding the processing and storage of personal data.
13) NOTIFICATIONS AND NOTICES: The title and address information of the agency declared by the participant and below is the legal residence and headquarters address, and the parties have agreed that the notifications to be made to these addresses will be a notification and result in accordance with the law.
14) DISPUTES : This sales contract shall be governed by and construed in accordance with Turkish law. It is accepted by the participant that the records of the agency are conclusive evidence in case of dispute. This Agreement has been signed after it has been read and signed by both parties and their wills have been exchanged, and in case of dispute, Istanbul (central) courts and execution offices are authorized.
