Package Tour Agreement

Package Tour Agreement

DISTANCE SALES AGREEMENT

PAYMENTS

100% of the reservation fee must be paid at the time of registration. In reservations with a possible outstanding balance, the conditions in the table below shall apply. If the specified payments are not made within the stated periods, the reservation will be cancelled. In this case, itctur.com will invoice the consumer 35% of the total accommodation fee as a withdrawal compensation.

For hotel payment options, the guest accepts and declares that they will pay the entire remaining balance in cash or by bank transfer upon boarding the bus for domestic tours, and upon check-in at the hotel for hotel reservations. Otherwise, the right not to provide the service purchased by the guest is reserved.

ARTICLE 1 SUBJECT

The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product/service whose characteristics are specified below in reservation transactions made electronically through the website belonging to the BUYER, SELLER OR PROVIDER or through the call center.

 The BUYER accepts and declares under the provisions of this agreement that they have been pre-informed by the SELLER OR PROVIDER in a clear, understandable and internet-appropriate manner about the name, title, full address, telephone and other contact details of the SELLER OR PROVIDER, the basic characteristics of the product subject to sale, the sale price including taxes, the payment method, etc., all preliminary information regarding the product/service subject to sale, the exercise of the right of withdrawal and how this right may be exercised, the official authorities to which complaints and objections may be submitted, etc.; that they confirmed this preliminary information electronically and/or by telephone or e-mail; and that they subsequently approved the reservation and the agreement.

SELLER OR PROVIDER INFORMATION Title: TCI SEYAHAT VE TAŞIMACILIK SEYAHAT TİC.LTD.ŞTİ (referred to as itctur.com in the agreement.) Its address and official contact details are clearly stated in the letterhead section.

ARTICLE 2 GENERAL PROVISIONS

2.1 The BUYER declares that they have read and become informed about the characteristics, sale price and payment method of the product and service subject to the agreement, as well as all preliminary information regarding the price, and that they have provided the necessary confirmation electronically and through the call center system. The entire reservation fee is paid at the time of registration. If the entire fee is not paid, no reservation will be made. However, if a reservation is made despite an outstanding balance for any reason, the Consumer is responsible for the entire reservation fee as of the registration date. If the reservation fee is paid incompletely, itctur.com will cancel the reservation and claim from the Consumer all damages arising from the cancellation. The Consumer has made the purchase knowing this situation.

 2.2 The SELLER OR PROVIDER is responsible for the service subject to the agreement being defective.

2.3 If the service subject to the agreement is used by a person other than the BUYER, the SELLER OR PROVIDER is not responsible for that person's refusal to accept performance.

2.4 For the performance of the service subject to the agreement, a signed copy of this agreement must have been delivered to the SELLER OR PROVIDER and its fee must have been paid using the preferred payment method. Although the SELLER and/or PROVIDER sends the agreement in accordance with the relevant regulation and this agreement, the BUYER who does not sign and return it may not claim that the agreement is not binding on them on the grounds that they did not sign and send it; all responsibility belongs to them and they are obliged to pay the agreement fee in full. It is sufficient for the agreement to have been sent by the SELLER/PROVIDER to the e-mail address provided by the BUYER, and the BUYER may not claim that the agreement was not sent to them or that they did not read it.

2.5 If the relevant bank or financial institution does not pay the service fee to the SELLER OR PROVIDER because the BUYER's credit card was used unjustly or unlawfully by unauthorized persons after the performance of the service, the BUYER is responsible for the resulting damages.

2.6 For International Tours, the stated amounts are fees to be collected in the specified currency. The BUYER pays for the reservation in the currency determined for the tour price. If they wish to pay in a currency other than the specified currency, payment may be made after conversion using the system exchange rate determined by the SELLER. In reservations with an outstanding balance, if the remaining payments are to be made in a currency different from the currency specified for the tour, payment must be made using the current system exchange rate determined by the SELLER on the day of payment. There is no exchange-rate fixing for prepaid international tours. If the remaining payments are made in a different currency, they must be made using the current system exchange rate on the day of payment.

ARTICLE 3 SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

itctur.com acts as an intermediary between the service provider and the BUYER. Due to the nature of the service sold by the TOUR OPERATOR, the BUYER does not have a right of withdrawal in distance sales made under this agreement, as required by the Regulation. The entire fee is collected from the BUYER. The BUYER purchased the service by accepting this. Accommodation purchased during early booking, special periods (New Year's, semester break, religious holidays, etc.) and promotional periods cannot be cancelled either. However, if the BUYER has purchased the suitable Early Booking Cancellation Protection Package together with domestic or Cyprus accommodation within the scope of the Early Booking period and Summer opportunities, action may be taken under the conditions specified in Article 10. The BUYER purchased the service knowingly and by accepting this. The Early Booking Cancellation Protection Package cannot be offered to guests for reservations purchased at prices marked “non-cancellable.” Reservations containing this statement cannot be cancelled or changed, and no refund can be made. If transportation (airplane, bus, transfer, etc.) is purchased in addition to accommodation, transportation fees are non-refundable.

ARTICLE 4 INFORMATION

As required by Article 6 of the Regulation, the BUYER is obliged to check and digitally approve, immediately after the sales transaction, the information form containing all information such as the date, price, product and concept relating to the service selected during the purchase stage of reservations made through the relevant website and Call Center. The SELLER is not responsible if the relevant checks are not performed and digital approval is not given. Records of approvals are kept electronically.

ARTICLE 5 CANCELLATION- WITHDRAWAL- CHANGES

The SELLER OR PROVIDER may cancel the agreement in cases arising from force majeure or service providers, accommodation hotels or third parties that prevent the service from commencing or continuing, despite having exercised all necessary care. This situation must be notified to the BUYER as soon as possible.

In this case, the BUYER has no right to compensation. In such cases, the SELLER OR PROVIDER is obliged to refund to the BUYER the amount it can obtain from the person or organization from which it purchased or for which it intermediated the service. It cannot be held responsible for refunding amounts it cannot recover.

5-1- The BUYER is obliged to submit all reservation cancellation, change, and requests to add or remove persons in writing.

5-2- The travel agency may cancel the trip 3 days before the departure date if the required number of passengers has not been definitively registered or due to force majeure; in this case, the consumer has no right to compensation.

5-3- If the Consumer requests cancellation or change up to 30 days before the start of the trip, the entire fee will be refunded in accordance with the package tour regulation.

5-4 The Consumer accepts and undertakes to pay itctur.com 30% of the trip fee if they request cancellation or change of their domestic reservation for a reason other than force majeure 29-15 days before the start of the trip; 50% of the trip fee if they request cancellation or change 15-7 days before; and the entire fee if less than 7 days remain. Reservations purchased 7 days or less before the start of the service have no right of cancellation, refund or change.

5-5 The Consumer accepts and undertakes to pay itctur.com 50% of the trip fee if they request cancellation or change of their international reservation for a reason other than force majeure 29-15 days before the start of the trip, and the entire fee if less than 15 days remain. Reservations purchased 7 days or less before the start of the service have no right of cancellation, refund or change.

5-6 itctur.com is not responsible for visa refusal or failure to obtain a visa in time for international tours. In such cases, if the tour is cancelled, the cancellation conditions in 5-5 shall apply. Visa fees for visas that are not obtained in time or are refused cannot be refunded. 

5-7 If the Consumer wishes to cancel the discounted Early Booking Product purchased during the discounted sales period, for which no cancellation protection package was purchased, for any reason, the cancellation conditions shall be taken into consideration. The Consumer accepts and undertakes to pay itctur.com the entire trip fee that falls outside the cancellation conditions.

5-8 If the Consumer wishes to change the date of the discounted early booking product purchased during the discounted sales period for any reason, they accept that the reservation change will be made without a discount, based on the list prices valid on the date of the request.

5-9 If the Consumer requests a date change for the product purchased, the change will be made based on the current prices applicable on the date the change is made. The Consumer accepts that they will pay the difference if a price difference arises between the requested current date and the original date.

5-10 If the purchased service is cancelled for any reason, the guest may place the amount paid on hold. The paid amount is held in the guest's name as a reserved right. The guest may use the held balance at a different time and on a different tour of their choice. Transactions for placing the reservation and balance on hold are made based on the amount paid. The guest accepts that, if there is a price difference after deducting the reserved balance from the service fee to be purchased on the date they wish to use the balance, they will pay the price difference. If they wish to make a reservation for a lower amount, the remaining excess balance will continue to be held in the guest's name after the reservation.

5-11 If the Consumer does not notify the travel agency in writing that they will subsequently join a trip whose start they missed, the Travel Agency has the right to cancel all reservations made on behalf of the consumer after 24 hours. No refund will be made to the consumer in such cancellations.

5-12 Force majeure: Adverse weather conditions, road obstructions, strikes, terrorism, war, the possibility of war, and unforeseeable technical issues shall be accepted by the parties as force majeure if they prevent the trip from starting or continuing. The deaths of the passenger or their first-degree relatives, documented by state authorities, also constitute force majeure.

5-13 The travel agency may partially or completely cancel tours it has announced or registered, up to 3 days before the start of the trip, when it deems necessary. Within the same period, it may change the names of the hotels included in the trip, the means of transportation and their departure locations, and the order of visits to places specified in the program and indicated 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 has no right to compensation.

5-14 If the Consumer requests cancellation or change of a reservation, the currency and amount paid will be taken into consideration. For change requests, the Consumer accepts the price and exchange-rate difference arising on the day the transaction is made. For cancellation and refund transactions, the Consumer will be refunded in the currency in which the reservation was made and in the amount paid. The Consumer has no right to request a refund by comparing it with a different currency other than the currency paid. 

5-15 In refund transactions, the amount to be refunded will be returned within 7-14 business days according to the payment method used by the consumer. The Consumer may not request a refund through a method different from the payment method used. itctur.com is not responsible for banks' installment refunds for installment payments made by credit card.

ARTICLE 6 MUTUAL RIGHTS AND OBLIGATIONS

6.1 The SELLER OR PROVIDER is obliged to notify the BUYER in writing of any possible cancellation notices as soon as possible.

6.2 The provisions of this agreement concluded between the SELLER OR PROVIDER and the BUYER at the time of registration have been read and approved by the BUYER, who requested and accepted that the registrations of the other persons receiving the same service with them also be made under the same conditions. The BUYER/BUYERS are jointly and severally liable for payment of the agreement fee. The BUYER approved the agreement knowing that they are also a party to this agreement on behalf of the participants specified in the Voucher, that they represent and bind them, and that they are obliged and responsible for informing the participant of the preliminary information provided to them under the relevant legislation. The BUYER who fails to fulfill the obligation to provide information is responsible for all resulting damages. Accordingly, the information provided to the BUYER shall be deemed to have been provided to the participant.

6.3 If the BUYER refuses to accept performance on the grounds that the service purchased is defective, they must immediately notify the SELLER OR PROVIDER and the accommodation facility in writing, together with documents proving the defect. Otherwise, the BUYER shall be deemed to have accepted performance and used the service. No refund will be made. The entire fee will be collected from them. It is the duty of a good-faith BUYER to notify the authorized person in writing during the performance of the service of the matters about which the BUYER complains.

6.4 Situations that did not exist or were not foreseeable on the date the agreement was signed, developed outside the control of the parties, and which, upon arising, make it partially or completely impossible for one or both parties to fulfill their obligations and responsibilities under the agreement, or to fulfill them on time, shall be considered force majeure (natural disaster, war, terrorism, insurrection, changes in legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). If force majeure prevents the agreement from being performed, the party affected shall immediately notify the other party in writing. If the BUYER requests termination of the agreement due to force majeure, the SELLER OR PROVIDER shall make every effort required to refund the fee. If the BUYER requests cancellation in the event of force majeure, the SELLER OR PROVIDER is obliged to refund to the BUYER the amount it can obtain from the person or organization from which it purchased or for which it intermediated the service. It cannot be held responsible for refunding amounts it cannot recover.

6.5 The Seller or provider must perform its obligation within the period it has undertaken. If the seller or provider fails to fulfill this obligation, the consumer may terminate the agreement. In the event of termination, the seller or provider must repay all collected payments to the consumer, together with the legal interest determined under Article 1 of the Law No. 3095 dated 4.12.1984 on Legal Interest and Default Interest, within fourteen days from the date the termination notice reaches it, and must return any negotiable instruments and similar documents that place the consumer under debt. Where performance of the obligation undertaken by the SELLER/PROVIDER under this agreement becomes impossible, the seller or provider must notify the consumer in writing or through a permanent data storage medium within three days from the date it learns of this situation and refund all collected payments no later than fourteen days from the notification date.

6.6 Before the agreement is concluded, the consumer's express consent must also be obtained separately in order to request any additional fee arising from the agreement obligation beyond the agreed basic fee.

6.7. Turkish citizens may enter the TRNC with a Turkish Republic identity card. Since entering with a passport may cause problems when subsequently entering Greece, entry with a Turkish Republic identity card is recommended.

ARTICLE 7 CONFIDENTIALITY

The information specified in this agreement and the information provided by the BUYER to the SELLER OR PROVIDER for the purpose of making payment will not be shared with third parties by the SELLER OR PROVIDER. The SELLER OR PROVIDER may disclose this information only where there is an administrative/legal obligation. Credit card information is never stored; it is securely transmitted to the relevant banks only during the collection process for authorization and is deleted from the system after authorization. The necessary disclosure and information under the Law on the Protection of Personal Data have been provided to the BUYER, and the necessary measures under the Personal Data Protection Law have been taken by the SELLER/PROVIDER in accordance with the legislation.

ARTICLE 8 INFORMATION ON PAYMENTS MADE BY BANK CARD

a) The SELLER OR PROVIDER, as a party to the agreement, does not make installment sales within its own organization in any way.

b) The prices provided to the BUYER are cash prices, and, upon the BUYER's request, all installment payments are made to credit cards obtained from various banks without any maturity difference being applied by the SELLER OR PROVIDER. All transactions relating to sales made by credit card take place between the BUYER who owns the card and the bank to which the card is linked, and the SELLER OR PROVIDER has no right or responsibility to intervene in these transactions. In sales made in foreign currency, exchange-rate differences may arise in the rates applied to cash payments, single payments or installments under the agreements applicable to the relevant bank cards. All transactions relating to sales made by credit card take place between the Participant who owns the card and the bank to which the card is linked, and itctur.com has no right or responsibility to intervene in these transactions.

 c) The BUYER who purchases a service by credit card must notify the bank to which the card belongs of requests for early payment, reduction of installments, etc., and make such payments at the payment branches designated by the bank.

d) If the BUYER cancels a service purchased in installments by credit card for any reason, the SELLER OR PROVIDER will refund the amount charged to the credit card back to the BUYER's credit card. The SELLER OR PROVIDER's responsibility is limited to this. All subsequent transactions take place between the bank and the BUYER, and the SELLER OR PROVIDER has no right or responsibility to intervene. Bank rules also apply to refunds relating to installment payments, and if installment payments are refunded to the card in installments, the SELLER OR PROVIDER has no obligation or ability to intervene. This matter must be resolved between the bank and the credit card holder.

e) For purchases made by credit card, the campaign existing at that time at the relevant bank and the related cancellation and refund conditions shall apply.

f) In cases of refunds that may arise in relation to the relevant service, the legal refund procedures shall be followed.

ARTICLE 9 COMPETENT COURT

 All Consumer Courts of the Republic of Türkiye, consumer arbitration committees, and other organizations authorized by law are competent to resolve all disputes arising from this agreement. BUYERS may submit their complaints and objections to the Consumer Arbitration Committee or Consumer Court located where the BUYER purchased the goods or service or where they reside, within the monetary limits determined annually by the Ministry in December.

ARTICLE 10 CANCELLATION PROTECTION PACKAGE INFORMATION

 The Early Booking Cancellation Protection Package is valid for Early Booking products involving a minimum of 3 and a maximum of 30 nights, and reservations under a total of 30,000 TRY excluding transportation fees.

10.1- Consumers who purchase the Early Booking Cancellation Protection Package may cancel their reservations unconditionally and without deduction up to 72 hours before the facility check-in date.

10.2- The Early Booking Cancellation Protection Package does not cover requested date or name changes for the same product. For change requests, the existing product is cancelled under the Early Booking Cancellation Protection Package, and a new reservation is opened for the requested new date, product or names based on the conditions of the day.

10.3 The Early Booking Cancellation Protection Package may be purchased for a fee no later than 3 days from the reservation date. The Early Booking Cancellation Protection Package cannot be purchased on or after the 4th day.

10.4 In refunds to be made in response to a cancellation request, the collected Early Booking Cancellation Protection Package fee cannot be refunded, nor can the purchased Early Booking Cancellation Protection Package be cancelled.

10. 5-All airline ticket reservations made together with hotel accommodation (including promotional and economy class) are outside the scope of the Early Booking Cancellation Protection Package, and the cancellation conditions and practices of the relevant airline shall apply. When pricing the Early Booking Cancellation Protection Package, the fee is collected based on the accommodation and/or other service amounts, excluding airplane and/or bus transportation costs. Airplane/bus transportation costs are excluded from the Early Booking Cancellation Protection Package application.

10.6 The Cancellation, Refund and Protection Package purchased together with Package Tours allows the guest to cancel or change the package tour purchased without stating any reason up to 72 hours before the tour start date. Following cancellation, the entire package tour fee remaining after deducting the insurance fee paid (for tours involving flights, the package tour fee remaining after deducting air transportation) will be refunded without any deduction according to the payment method. The Cancellation, Refund and Protection Package does not cover air transportation on tours involving flights. The package tour fee remaining after deducting air transportation will be refunded to the guest.

ARTICLE 11 GENERAL PROVISIONS

11-1- The consumer participating in the tour has the right to take and bring back 2 suitcases, not exceeding 50 cm x 70 cm in size, on all trips, and 15 kg of baggage on air travel. All responsibility for the suitcases and their contents belongs to their owners.

11-2- Items that smell, leak, are flammable or explosive, or disturb the surroundings, as well as cutting, piercing and firearms and all kinds of animals, shall not be admitted to vehicles or accommodation facilities without the Travel Agency's separate, explicit and written permission. The possession of identification or licenses does not change this.

11-3- In the event of loss or damage to the Consumer's baggage or belongings, if caused by the TRAVEL AGENCY personnel's GROSS NEGLIGENCE, one-half of the portion of the total trip fee attributable to transportation shall be paid by the Travel Agency to the consumer who owns the item as material and moral compensation for the lost or damaged baggage or item, or the items contained therein, without regard to their material or moral value or other qualities and characteristics. The Travel Agency is liable for all loss, damage and theft of items delivered to it after being declared in writing by the consumer together with their values, up to a maximum of the transportation cost of the trip.

11-4- VISA PROCEDURES and SERVICES are not included in the purchased service. The travel agency does not undertake to obtain a visa. It is the guest's responsibility to meet the visa and passport requirements of the relevant country to be visited.

11-5- itctur.com is not responsible for visa refusal or failure to obtain a visa in time on international tours. The visa is issued by the consulate of the country visited. itctur.com acts as an intermediary between the guest and the consulate. itctur.com cannot be held responsible for a visa being refused for any reason. A refund of the visa fee cannot be requested in cases such as visa refusal or failure to obtain it in time. If cancellation of the tour is requested due to the visa, the cancellation conditions shall be taken into consideration.

11-6- The Travel Agency's possible tour cancellation notices may be made individually to each consumer or generally by publishing an announcement in the Turkish editions of two high-circulation newspapers.

11-7- The Travel Agency is responsible for changes occurring after the start of the trip in the tour program purchased by the Consumer. The Travel Agency may compensate the consumer for changes that are clearly unfavorable to and harmful to the consumer, during or after the trip, in the form of a refund of the fee or service in accordance with the provisions of the TÜRSAB KÜTAHYA SCHEDULE, or may compensate them through additional services provided to the consumer during the trip that are not included in the price. The consumer's acceptance and use or consumption of additional or substitute services eliminates the consumer's rights to a refund and compensation.

11-8- If the Consumer abandons a tour or accommodation service they have started on the grounds that it is defective, they must notify the Travel Agency official and the hotel where they are staying in writing, together with the reasons. Otherwise, the consumer shall not be deemed to have abandoned the tour and shall be deemed to have received and used the service.

11-9- If the Consumer uses the purchased tour program to the end despite complaining about it, this eliminates their rights to compensation, such as substitute services and a refund, regarding the matters about which they complained.

11-10- The provisions of this agreement concluded between the Travel Agency and the consumer at the time of registration have been read by the consumer, who signed it by requesting and accepting that the registrations of the other persons they stated would participate in the same trip with them also be made under the same conditions.

11-11- If consumers who are not signatories to the agreement but participate in the trip subject to the agreement initiate lawsuits and proceedings against the Travel Agency concerning the trip they participated in, or if the Travel Agency is required to pay the consumer any amount or compensation other than those written in this agreement, the Travel Agency reserves the right of recourse against the consumer(s) who signed the agreement for the excess amount it paid. Consumers participating in this trip, even if they have not signed, learned the terms of this agreement, which shall be valid between the parties, through catalogs and advertisements, and accepted participation in the trip under these agreement terms.

11-12- The Travel Agency acts as an intermediary with the consumers participating in the trip, hotels, carrier companies, and all kinds of third parties and legal entities providing other services related to the trip. Therefore, the parties acknowledge that the consumers who registered for the trip by applying to it shall not hold the Travel Agency primarily responsible for the failure of vehicles to be at the departure location at the times shown in the programs, any delays or breakdowns of land, air or sea vehicles, fog, storms, blizzards and all weather conditions, reasons such as road obstructions, changes in road routes and itineraries, strikes, terrorism, war, the possibility of war or similar force majeure, any disruptions arising from the personal fault of the vehicle operator or the personal faults of third parties or unforeseeable technical matters, material and moral damage caused by accidents, or incomplete or defective services of accommodation facilities, because the Travel Agency does not have the status of operator and therefore has no primary responsibility and is not directly responsible as the principal offender. Therefore, the Travel Agency will not be responsible to the consumer as the principal offender, but will be jointly liable. In such cases of disruption and accidents, the Consumer will first seek and collect material and moral claims from the principal offenders, and may apply to the Travel Agency under the principle of strict liability where the claim cannot be fully collected from the principal offender. The Travel Agency will be responsible to its customer for the amount that cannot be collected from the principal offenders.

11-13- For matters not written in this agreement, the provisions of Law No. 1618, Law No. 4077, Law No. 4288, Law No. 2634, IATA, IHA, UFTAA Convention provisions, the Civil Aviation Law, the Code of Obligations, the Turkish Commercial Code, international agreements to which Türkiye is a party, and the statutes, regulations, circulars and communiqués issued pursuant thereto, as well as the provisions of the TÜRSAB Kütahya Schedule applicable in Türkiye of the internationally recognized Frankfurter Tabelle, shall apply.

This voucher and package tour agreement, prepared in two copies between the parties, has been drawn up, read, checked and accepted by the authorized representatives of the parties, together with all its annexes, on both sides. The parties have mutually accepted and confirmed their agreed undertakings and performances by signing them together. The party accepting this voucher and agreement on behalf of the customers whose names are written in this agreement and who will participate in the trip also accepts and undertakes that all legal responsibility toward the persons on whose behalf it has signed by proxy belongs to it.

SERVICE DEFECT COMPLAINTS: In the event of defective or faulty service, the TÜRSAB ARBITRATION BOARD shall have jurisdiction.

The BUYER has the right to object to or withdraw from the relevant distance sales agreement within 24 hours after it is presented to them digitally or physically. The provisions of a distance sales agreement to which no objection is made within 24 hours shall be deemed to have been accepted by the BUYER.