HOTEL / TOUR RESERVATION, SERVICE AND SALES CONTRACT
1 - PARTIES AND SUBJECT MATTER
This
agreement is made between the Tourism Travel Agency ŞARA TURİZM SEYAHAT
ACENTASI (referred to as "Şara Tour"), registered with TÜRSAB, and
the Consumer, for domestic and international reservations, accommodation, and
tours. This agreement, along with the Reservation Form attached, includes
accommodation information, date information, passenger information,
accommodation class, other services, informational promotional brochure, and
payment information that the customer will receive from Şara Tour as a voucher
(entry document to the facility) for the relevant reservation.
The Customer acknowledges, declares,
and undertakes to have obtained all kinds of information about the hotel
mentioned in the contract, through the web addresses of Şara Tour and company
sales representatives, and to have made all necessary examinations before
signing this agreement for the hotel reservation.
2- PAYMENTS
a - At the time of registration, at least 50% of the reservation
fee must be paid, and the remaining balance must be paid no later than 10 days
before the start of the tour. If the payments specified within these periods
are not made, the reservation will be cancelled. In this case, 35% of the total
tour price will be invoiced to the Consumer as cancellation compensation.
b - All payments within the campaign will be made to the bank
account on the website www.saratour.com.
c - ŞARA TOUR agrees and undertakes not to share credit card
information with third parties under any circumstances.
3- CANCELLATION
a- If the travel agency cancels the trip due to not reaching the
necessary number of passengers or force majeure reasons 2 days before the
departure date, the consumer has no right to compensation.
b- If the consumer requests cancellation or changes until 15
days before the trip starts, the full amount will be refunded.
c- If the consumer requests cancellation or changes due to
reasons other than their own or their first-degree relatives' illness or death,
which can be documented by an official report from a fully equipped state
hospital, 15-7 days before the trip starts, they agree and undertake to pay 35%
of the tour price to ŞARA TOUR. If the cancellation is made less than 7 days
before the trip, they undertake to pay the full amount to ŞARA TOUR.
d- If the consumer wants to cancel the Early Booking Discounted
Product they purchased during the discounted sale period for any reason without
paying the CANCELLATION REFUND GUARANTEE FEE, they undertake to pay the full
tour price to ŞARA TOUR. If the consumer cancels the product they purchased by
paying the CANCELLATION REFUND GUARANTEE FEE, they will receive a refund of
their payment until 72 hours before the start of the tour after the deduction
of the CANCELLATION REFUND GUARANTEE FEE.
e- If the consumer does not inform the travel agency in writing
that they will participate in the missed trip later, the travel agency has the
right to cancel all reservations made on behalf of the consumer 24 hours later.
In such cancellations, no refund will be made to the consumer.
f- If the consumer leaves the tour due to service defects, they
must inform the Travel Agency representative and the hotel where they stayed in
writing, along with the reasons. Otherwise, the consumer will not be considered
as leaving the tour and will be deemed to have used the service.
g- The possible tour cancellation notifications by the Travel
Agency can be made individually to each consumer or generally through announcements
in two high-circulation newspapers in Turkey.
4- CHANGES
a- The consumer agrees that if they want to make a change to
their discounted early booking product for any reason during the discount sales
period, an undiscounted reservation change will be made based on the list
prices valid on the date of their request.
b- In addition to the price increases of the early booking
period and/or all periods (excluding system errors), the difference is not
charged to the Consumer and refunds for discounts, referred to as action by the
facility, are not possible.
c- Our guide has the right to make changes to the places to be
visited on the program according to weather and road conditions.
d- Depending on the number of tour participants, a 15-person
minibus, 25-person midi-bus, or 40-person bus may be used. This situation is
finalized after the number of people is determined.
e- Seat guarantee is not given during the reservation process,
and seating arrangements are made according to the reservation order one day before
the tour departure. Rotation is applied on the bus for tours longer than 3
days.
f- Our guests who purchase museum entrance fees at a discounted
rate must present their ID to our guide during the tour. Otherwise, a price
difference will be requested.
g- ŞARA TOUR reserves the right to replace its hotels with
another hotel of a similar category.
5 - CANCELLATION
a - Force majeure: If adverse weather conditions, roadblocks,
strikes, terrorism, war, the possibility of war, unpredictable technical issues
prevent the tour from starting or continuing, it shall be deemed as force
majeure by both parties. The illness or death of the traveler or their
first-degree relatives, which prevents their usual activities for 10 days, is
also considered as force majeure.
b - The travel agency may partially or fully cancel the tours it
has announced or registered for if it deems necessary until 2 days before the
start of the tour. Within the same period, it may change the names of the
hotels included in the tour, the departure locations of the transportation
vehicles, and the visiting order of the places specified in the program as
places to be visited. If the consumer does not accept these changes and
cancellations, they have the right to cancel their reservation and receive a
full refund of the amount paid. In this case, the consumer does not have the
right to claim compensation.
6- GENERAL PROVISIONS
a- The consumer participating in the tour has the right to carry
and bring back 2 suitcases, not exceeding 50cm x 70cm in size, on all kinds of
tours, and 20 kg of baggage on air travel. The owners are responsible for all
kinds of suitcases and their contents.
b- Items that have a stinking, flowing, flammable, explosive, or
disturbing effect on the environment, cutting, piercing, and firing weapons,
and all kinds of animals are not allowed to be taken to vehicles and
accommodation facilities without the explicit and written permission of the
travel agency. The situation does not change if they have an identity or
permit.
c- In case of loss or damage of luggage or goods belonging to
the consumer, if it arises from the GROSS NEGLIGENCE of the Travel Agency
personnel, regardless of the value, characteristics, and properties of the lost
or damaged luggage or goods and the contents in it, 1/2 of the transportation
part within the total cost of the tour will be paid to the consumer, who is the
owner of the luggage and goods, by the Travel Agency as material and moral
compensation. The Travel Agency is responsible for any kind of loss, damage,
and theft of the goods delivered in writing to it by the consumer along with
their values, up to the transportation cost of the tour.
d- Visa passport procedures are the responsibility of the
consumer. If it is requested to follow visa procedures from Şara Tour, it is
necessary to have a passport that is valid for at least 6 months and to deliver
all the necessary documents to Şara Tour, with the visa and service fee paid,
at least 16 days before the departure date of the tour. Visa procedures can be
followed by Şara Tour for a fee. Since visa procedures are completely at the
discretion of the consulates, Şara Tour is not responsible for not obtaining a
visa. Şara Tour has no responsibility for those who are not accepted into the
country as obtaining a visa does not guarantee entry to that country.
Therefore, no refund or compensation will be paid.
e- The travel agency is responsible for the changes that occur
after the start of the tour in the tour program purchased by the consumer. The
Travel Agency can compensate the consumer for obvious changes that are against
the consumer and have caused damage, in the form of price or service refund, in
accordance with the TÜRSAB KÜTAHYA SCHEDULE during or after the trip. At the
same time, it can compensate through additional services provided during the
trip that are not included in the price. The use or consumption of additional
or substitute services by the consumer cancels their right to a refund and
compensation.
f- Using the tour program purchased by the consumer until the
end despite complaining about it cancels the consumer's compensation rights
such as substitute services and price refunds related to the complained issues.
g- The terms and conditions of this contract, which were agreed
upon during registration between the travel agency and the consumer, have been
read by the consumer and signed by them, accepting and requesting the
registration of other individuals who they have informed will also be joining
the same trip under the same conditions.
h - Consumers who participate in the trip but do not have a
signature on the contract, and those who have entrusted other consumers to
register on their behalf, have the right to recourse for any excess amount paid
by the travel agency to the consumers who signed the contract in case the
travel agency is required to pay any compensation or fee related to the trip.
These consumers have also agreed to be bound by the terms and conditions of
this contract, even if they have not signed it, due to learning about them through
catalogs and announcements related to the trip.
j - The travel agency acts as an intermediary between the
consumers who participate in the trip and third-party individuals and legal
entities such as hotels, transportation companies, and other service providers
related to the trip. Therefore, consumers who have registered with the travel
agency are aware that the agency is not directly responsible for any problems
that may arise from factors such as the delay or malfunctioning of
transportation, changes in the route, bad weather conditions, roadblocks,
strikes, terrorism, war, or unforeseeable technical issues, or from accidents
that cause material or moral damages or shortcomings or errors in the services
provided by the accommodation facilities. The parties acknowledge that the
travel agency has no primary responsibility as an operator and is not directly
and fully liable for such problems, as the responsibility falls mainly on the
actual perpetrators of the problems. The travel agency will only be responsible
to the extent of what cannot be collected from the actual perpetrators, and the
consumers may seek compensation from the travel agency only after they have
tried to get compensation from the actual perpetrators first.
k - In matters not specified in this contract, the provisions of
the 1618 CC, 4077 CC, 4288 CC, 2634 CC, IATA, IHA, UFTAA Conventions, Civil
Aviation Law, Turkish Code of Obligations, Turkish Commercial Code,
International Agreements to which Turkey is a party and the Regulations, Directives,
Circulars issued in connection therewith, and the provisions of the
internationally accepted Frankfurter Tabelle applied in Turkey within the
framework of the TÜRSAB Kütahya Schedule will be applied.
This voucher and package tour agreement, which has been prepared
in duplicate between the parties, has been prepared by the authorized
representatives of the parties with all attachments on both sides, read,
checked, and accepted. The parties have mutually accepted, signed together
under commitment and obligations and confirmed their acceptance. The customer
whose name is written in this contract and who is participating in the trip and
accepting this voucher and contract on behalf of the accepting party by proxy
has also accepted and undertaken that all legal responsibility is his/her own.
COMPLAINTS OF SERVICE DEFECT: In case of faulty or defective
service, the TÜRSAB ARBITRATION BOARD is authorized.
SERVICE GUARANTEE: In case of sufficient participation and no
force majeure, the agency has agreed and undertaken to provide the services it
has committed to above independently of the announcements and brochures
published for the trip and to fulfill these services in return for the
above-mentioned fee. It has been mutually accepted by the parties that the amount
of refund to be made to the customer in case the travel agency does not fulfill
the commitments mentioned above in whole or in part will be determined in
accordance with the TÜRSAB Kütahya Schedule.
I READ IT, I APPROVE.