Package Tour Agreement

In line with the provisions of the Consumer Protection Law No. 6502 and the Package Tour Contracts Regulation dated 14.01.2015; Information was provided before the trip, a brochure was given before the contract was established, and this contract was drawn up with the following conditions.

SIDES

COMPANY TITLE: Sera Lake Tourism

ADDRESS: Yıldızlı, Cumhuriyet Cd. 7B D:No 11, 61100 Yıldızlı/Akçaabat/Trabzon
Ortahisar Trabzon

CONTACT INFORMATION: +905539130561

[email protected]

PARTICIPANT:

NAME SURNAME :

TC IDENTIFICATION NUMBER :

ADDRESS:

CONTACT INFORMATION :

The provisions of this contract are in line with the regulations of the Law on Consumer Protection No. 6502 and the Regulation on Package Tour Contracts dated 14.01.2015, natural and legal person consumers acting for commercial and non-professional purposes and those for whom a package tour is purchased or promised to be purchased on behalf or in favor of them. A package tour contract is valid for the transferred participant.

In this contract, article 1.2. It is obliged and responsible to inform the participant about the contents of the brochure and the preliminary information given to it within the scope of the relevant legal legislation, that it is a party on behalf of the participants mentioned in the abovementioned articles and that it represents and binds them. The consumer who does not fulfill his obligation to provide information is responsible for this. Accordingly, the brochure given to the consumer is deemed to have been given to the participant.

• The consumer, himself and 1.2. It is responsible for providing the information of the persons specified in the document correctly and processing it into the contract. The company is not responsible for any consequences (e.g. airline fines, etc.) that may occur due to incorrect reporting of identity and contact information.

• Consumer 1.2. He accepts, declares and undertakes that he and the participant will be reached through the contact information specified in the article.

2- TOPIC

The subject of this contract is; It is about determining the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Package Tour Contracts Regulation regarding the sale and performance of the CONSUMER's service belonging to the Company, whose qualifications, sales price are stated and whose information is included in the brochure.

3- PACKAGE TOUR QUALIFICATIONS and DURATION

3.1. TIME             

Package tour …/…/…. departure date …/…/…. Total including return date…. Night….. is day. The starting place of the package tour is ………and the ending place is ………. (Specified as 24 hour zone.)

3.2. QUALITIES

3.3. The information specified in this article and contained in the brochure can only be changed with the express consent of the parties after the contract is established.  

4- CONTRACT PRICE   

4.1.  The contract is worth …..TL, including taxes and all services included in the price and included in the brochure given to the consumer. Tours and other services other than these are subject to extra fees.

4.2. All duties and similar payments and price changes related to fees are reflected to the consumer.

4.3.  Price change only; Not to exceed 5% of the contract price, provided that the participant is notified in writing or via a permanent data storage device at least 20 days before the anticipated departure date:

4.3.1.  The price change is caused by unusual changes in the exchange rate.

4.3.2.  The price change is caused by unusual changes in fuel costs

4.3.3.  It is possible if the price change arises from changes in taxes, duties and similar legal obligations collected in places such as ports and airports.

5- PAYMENT PLAN AND METHOD

-Prepayment fee

-Determined by the company

-The consumer's special requests regarding payment are also stated.

-Credit card or cash payments

-Cash or installment information and uninterrupted refund status…..

6- SPECIAL REQUESTS ACCEPTED BY THE PARTIES

(IF ANY, IT WILL BE WRITTEN BY THE COMPANY)

7- GENERAL PROVISIONS

7.1. The COMPANY ensures that consumers who have purchased a package tour take out compulsory package tour insurance, issued in accordance with the Travel Agencies Law No. 1618, which covers the guarantees of failure to fulfill the commitment and failure to provide the service as promised, including bankruptcy.

7.2. The COMPANY immediately notifies the CONSUMER of essential contract changes and their effects on the price. The main contract amendment cases are as follows;

1. a)  Significant changes to the content of the contract for reasons not caused by the Consumer before the start of the package tour
2. b)  4.3 of this agreement. Other price changes, except for the reasons specified in the article.

7.3. The minimum number of participants for organizing tours is stated in the brochure presented to the consumer. If the number of people for the package tour cannot be reached, the CONSUMER will be notified at least twenty days before the departure date that the package tour may be canceled partially or completely. In this case, the CONSUMER has no right to compensation.

However, the COMPANY undertakes to return all payments received from the consumer and all documents that put the consumer in debt to the consumer within 14 days.

7.4.  If the CONSUMER is a minor, the COMPANY is obliged to include information that will enable direct communication with the minor or the responsible person at the place where the minor stays.

7.5.  The COMPANY advises the CONSUMER to insure the costs of returning to the starting point in case of accident or illness, as well as the damages and treatment expenses arising from any accidents, before the package tour service starts.

7.6.  If the COMPANY has made an optional insurance contract that will cover the situations specified in 7.6 in case of cancellation of the package tour, it is mandatory to include information regarding this.

7.7. The consumer must immediately notify the independent service provider, the COMPANY, in writing of any deficiencies that arise during the execution of the contract. If this deficiency is not corrected, the CONSUMER has the right to request a discount from the contract price in proportion to the deficiency.

8-  FORCE MAJEURE CASES

8.1.  Force majeure situations specified in the law, situations that arise due to extraordinary and unpredictable events despite having shown all necessary care and taken precautions and prevent the start, continuation or termination of the package tour, situations that do not have any effect on the event that occur, are force majeure for the COMPANY. sort of. These situations;

1. a)  Natural disasters or epidemics such as, but not limited to, earthquakes, fires, volcanic eruptions, floods, storms, hurricanes, fog, avalanches, lightning, nuclear, chemical disasters or fallout, epidemics, and similar situations and events, including, but not limited to, states of emergency
2. b)  In Turkey's border neighbors or in the country/cities to be visited within the scope of the package tour, at the border gates and/or in the country adjacent to the border gate, in cases of emergency that prevent international air, land and sea transportation, states of war or mobilization, public uprisings, attacks or terrorist acts, sabotage. , riots, occupation and civil war, revolution, insurrection, forcible seizure, military coup or forcible takeover of government, civil unrest, industrial disputes, government sanctions, embargo, strikes, lockouts, ports being closed or occupied, and any kind of extraordinary circumstances or situations that may prevent employees from work
3. c)  Other force majeure situations determined by the parties in the contract depending on the type of package tour.

8.2.  In cases where force majeure exists, the COMPANY cannot be held responsible for damages arising from non-execution or non-fulfillment of the contract. The COMPANY and its representatives at that location are obliged to provide assistance quickly if the consumer is in a difficult situation.

9- TRANSFER OF THE CONTRACT

9.1.  If it is not possible for the CONSUMER to continue with the package tour, the CONSUMER may transfer the contract to a third party who fulfills all conditions valid for the package tour by notifying the COMPANY in writing or via permanent data storage at least seven days before the start of the tour.

9.2.  The transferor and the transferee of the package tour contract are jointly responsible for the payment of the balance amount to the COMPANY and all additional costs arising from the transfer in question, provided that they are reasonable and do not exceed the actual cost incurred by the COMPANY.

10- CONDITIONS AND CONSEQUENCES OF WITHDRAWAL OF THE CONTRACT, CANCELLATION OF THE CONTRACT AND TERMINATION

10.1.  If one of the essential elements of the contract changes before the start of the package tour, the consumer can accept this change or use one of the optional rights below, provided that he notifies the COMPANY in writing or via the Permanent Data Storage that he does not accept the change.

1. a) Participation in another tour of equal or higher value offered by the COMPANY without paying an additional fee
2. b) Participation in a package tour of a lower value, provided that the price difference is refunded to him/her
3. c) Withdrawing from the contract without paying any fee

10.2.  In case of withdrawal from the contract, the COMPANY is obliged to refund the entire amount paid by the CONSUMER to the CONSUMER within 14 days at the latest, without any deduction, from the date on which the notification of withdrawal from the contract is received.

10.3. If the package tour is canceled by the COMPANY before the start of the package tour due to a reason not caused by the consumer, the CONSUMER shall be responsible for the contract's 10.1. may exercise the optional rights specified in the article.

10.4.  If it is determined that the COMPANY has not fulfilled or cannot fulfill a significant obligation after the package tour has started, the COMPANY offers equivalent alternative arrangements that do not bring additional costs to the CONSUMER for the continuation of the package tour and compensates the difference between the services offered and the services provided to the CONSUMER. CONSUMER may withdraw from the contract by not accepting the alternative arrangement. In this case, the COMPANY's right to demand a fee ends and the payments made will be returned to the participant within fourteen days at the latest from the date of withdrawal from the contract. However, the COMPANY may request an appropriate compensation from the consumer for the actions it has performed up to that point, to the extent that the consumer benefits from the service. Again, in this case, the COMPANY is obliged to provide free transportation of the consumer to the place where the package tour started or to another agreed upon location and to cover the expenses incurred in case of compulsory accommodation.

10.5.  CONSUMER has the right to unilaterally terminate the contract by notifying the COMPANY in writing or via permanent data storage . If this termination is notified at least 30 days before the start of the package tour; The price paid will be refunded to the CONSUMER in full, without any deduction, excluding the costs arising from compulsory taxes, duties and similar legal obligations. However, if this termination is notified less than 30 days before the start of the package tour (  the COMPANY will determine the days and deduction rates according to the conditions of the package tour).

10.6.  For the consumer or his/her first degree relatives; Force majeure situations specified in the law, serious accidents that prevent the consumer from fulfilling any of the provisions of the ship package tour contract, serious illness requiring treatment, death are considered as force majeure for the CONSUMER. The consumer must prove the existence of force majeure with a valid document obtained from official institutions. Expenses arising from legal obligations such as taxes, duties, etc. that must be paid in case the consumer notifies termination in writing or with a permanent data recorder, less than 30 days before the start of the package tour, due to a situation that the consumer cannot foresee and prevent despite showing all necessary care, or due to the force majeure reasons specified in this article. The price paid by the consumer will be refunded to the consumer within 14 days from the date of termination notification to the COMPANY, without any deduction, except for the amounts paid and documented to third parties and which cannot be refunded.

11- PRESUMPTION OF RELIEF FROM LIABILITY

11.1.  The COMPANY cannot be held responsible for damages arising from non-fulfillment or non-fulfillment of the contract if the breach of contract arises from the following situations:

1. a) There is fault on the part of the CONSUMER.
2. b) An unexpected and unpreventable behavior of a third party who is not involved in the execution of the contract.
3. c) Existence of one of the force majeure conditions set out in Article 8 of the contract.

c) Cancellation of the package tour due to not being able to provide the minimum participation required for the organization, and the cancellation must be notified to the CONSUMER in writing or via a permanent data recorder, at least twenty days before the start of the package tour within the period stipulated in the contract.

11.2.  In the cases specified in sub-clauses (b), (c) and (d) of Article 11.1 of the contract, the COMPANY and its representatives at that location are obliged to provide rapid assistance to the CONSUMER in case of a difficult situation.

12-  This Agreement, which has been prepared in two copies between the parties, has been read, checked and accepted by the authorities of the parties, on both front and back, together with all its annexes. The parties have signed together, accepted and confirmed their mutually accepted commitments and acquisitions. He also accepts and undertakes that he bears all legal responsibility towards the persons who will participate in the trip and whose names are written in this contract and who has signed this contract on behalf of the party who accepted it.

This contract, written in 13-12  font size, was drawn up jointly on behalf of myself and the persons whose names are written below, the final version of which was read, accepted and approved by me, and a copy of it was delivered to me with all its attachments via a written / permanent data recorder. Within the framework of the Law on Consumer Protection and the Regulation on Package Tour Contracts  , I have read and learned all the services and qualities offered, the sales price and payment method and all preliminary information regarding the performance within the scope of the package tour purchased as the subject of this contract, and I have read and understood the content and articles of the package tour contract. I accept, declare and undertake that I have been informed. It has been declared to me that I can get optional insurance regarding the package tour. This declaration is also valid if my reservation transactions are carried out and signed by someone else on my behalf.

Before signing this contract, I was informed in writing about the following issues.

1. a) The name, address and contact information of the local contact point that the consumer can apply to when in a difficult situation, and the information that the COMPANY can contact as soon as possible if the local contact point and local representative are not available,
2. b) The time, place and transportation connections of intermediate stops, if any, and the characteristics of the transportation vehicle to be used by the passenger,
3. c) Information regarding the conclusion of an optional insurance contract by the consumer, which will cover cancellation costs or assistance costs, including repatriation to the country/city in case of accident or illness.
4. d) If the information specified in this article has not changed in the brochure or contract given to the consumer, no further notification will be made before the trip.