1- PARTIES and SUBJECT of AGREEMENT
This agreement is made by and between the sales agent/representative on behalf of ESAS TRAVEL and the traveler that provides their name and signature below in accordance with law on protection of mutual rights regarding overseas packet tours, using the example agreement of Association of Turkish Travel Agencies (TURSAB).
2. TERMS and PRICE OF AGREEMENT
A- Payment Terms for Packet Tours: The agreement price, charges and costs are indicated on the “Booking Document” which is annex to this agreement. The amount of down payment inclusive of VAT/installment sale price inclusive of VAT, number of installments, the amount corresponding to rate of exchange for payment with credit card, late interest, advance payment received, and the balance are all clearly and expressly indicated on the booking document, and the traveler has provided their consent and is informed accordingly.
B- Services inclusive / exclusive of tour are indicated on the booking document, and the services included in the price are indicated on the circular of tour. Any services other than included services are subject to extra charge (even if not specified). The taxes, charges and duties and any public payments and price change due to exchange rate payable by the traveler are charged to the traveler in accordance with legislation of destination country. This shall be immediately communicated to the traveler. The traveler may terminate the addendum without compensation after receiving the notice, or agree on the addendum that sets out the changes and their effect on the price.
C- Duration of tour /type of transport / type of accommodation / number of meals and other details, starting and ending time for services purchased, type, class, location, and details of transport (including times and transfer), type of accommodation, type of food, and all other details are as indicated on the “Booking Document” provided with the agreement. The traveler has reviewed the brochure, read and agreed all the details with their signature on the lower section of booking document containing such information.
D- Registration Conditions for Packet Tour: The traveler will be registered if the traveler pays 30% of total amount of booking during booking. The balance of the booking is required to complete 20 days prior to start of tour at the latest. If the traveler fails to complete the balance within the defined time, the booking will be cancelled by the agency and 30% paid will be billed to the traveler as forfeit. The traveler will be deemed to have agreed on the conditions under this Agreement, and may not claim for money refund.
E- Force Majeure: The agency shall not be held responsible for any political event, strike, natural disasters, weather conditions, technical incidents and faults, interstate relations, possible changes or delays that may occur before or during tour.
F- The traveler shall be immediately notified of any changes in the content of services in the purchased tour. In this case, the traveler may agree on such changes, or notify the agency in writing that traveler does not agree on such changes, or use any of the options below if the traveler notifies the agency with fixed data register:
1- The traveler will be entitled to join another packet tour without additional payment, which is equal to packet tour offered by the packet tour organizer or agent.
2- The traveler will be entitled to join a packet tour with lower price provided that price difference is refunded to the traveler.
3- The traveler will be entitled to terminate the agreement 14 days prior to start of tour without paying any compensation.
4- If the traveler reneges on the agreement, the packet tour organizer or agent shall refund all the amount paid by the traveler without any deduction within maximum 14 (fourteen) days after receipt of notice on reneging on the agreement by the packet tour organizer or agent. The traveler to use the right to renege on the agreement shall be refunded by the agent within 14 days provided that traveler notifies the agency in writing or through fixed data register.
4-a- Pursuant to article 12 of Law No.1618, the traveler is secured by insurance if the packet tour is delivered incomplete or not delivered at all in case of purchasing a packet tour. The amount of coverage is equal to the price of packet tour. In this case, the traveler shall not be entitled to right to compensation.
4-b- If there are any changes in the rate of exchange, fuel-oil costs, and taxes, charges, duties and similar legal obligations collected at ports, airports and similar places, the agency may increase the agreement price by 5% of such change 20 days prior to start of tour with a notice in writing to the traveler and fixed data register.
4-c- The provisions regarding default of code of obligations shall apply if the traveler acts against the agreement.
4-d- If the traveler fails to pay for the agreement price, a default interest in the amount of legal interest shall apply.
4-e- On case of notice of termination 30 days prior to start of packet tour 2, the amount paid by the traveler shall be refunded to the traveler within 14 days without any deductions except for costs arising out of taxes, charges and similar legal obligations payable.
4-f- If the traveler makes a notice of termination before less than thirty days to start of packet tour in case of any circumstances that is not possible to predict or avoid by the traveler although the traveler uses its best effort, or in case of force majeure, the total amount paid by the traveler shall be refunded to the traveler within 14 days without any deductions except for costs arising out of taxes, charges and similar legal obligations payable, and the amounts that have been paid to third parties, documented but are not refundable.
4-g- In case of cancellation 30/14 days prior to start of packet tour, the agency shall refund 30% of packet tour price in 14/7 days, in case of request for cancellation – change 75% of packet tour price shall be refunded, and total amount of packet tour shall be refunded if there is less than 7 days.
4-h- Cancellation and changes in packet tour containing a flight are subject to rules of that airway company. The rules of airway Company shall apply to cancellation, change and refund for any tours other than promotional tours.
4-I- The promotional tours and flight tickets used for such tours shall not be cancelled or changed. The promotional tickets are valid with hotel booking, therefore flight and hotel booking may not be cancelled in case of cancellation of tour, so total amount of payment shall be invoiced to the traveler. The promotional tours are specifically indicated in the tour packets.
4-J-. In case of charter flights, total amount of tour price shall be invoiced to the traveler as rescission charge in case of cancellation in 30 days or thereafter and no excuse shall be acceptable.
4-k- If it is not possible for the traveler to continue packet tour, the traveler shall notify in writing the agency minimum 7 (seven) days prior to start of packet tour or through fixed data register and may transfer the agreement to a third party that fulfills any conditions of packet tour. The transferor and the transferee of the packet tour agreement shall be jointly liable to the agency for paying the amount of balance and any additional costs that may arise out of such transfer.
4-L- If the traveler fails to notify the agency in writing that traveler will join the tour they have missed the beginning part, the agency shall be entitled to cancel any bookings made on behalf of the traveler 24 hours after start of tour. In such cancellation, no money shall be refunded to the traveler.
4-m- Right of withdrawal: For the performance of service under this agreement to the traveler or a person designated by the traveler, the traveler shall submit a written application within fourteen (14) days after this agreement is entered into force and deliver original copies of tour registration forms to the agency in order to be entitled to right of withdrawal. In case of failure to submit original copy of invoice, the VAT and other legal obligations shall not be refunded.
4-n- ESAS TRAVEL may change the name of hotels, transportation vehicles, and place and time of departure with a notice minimum 24 hour prior to start of tour to the traveler for domestic tours, and with a notice minimum 48 hours prior to start of tour for overseas tours in accordance with standards indicated in the program.
4-O- A tour program delivered at registration is an example tour program for accommodation and transportation. Organization of extra trips mentioned in the program is subject to fulfilment of required conditions at the initiative of the guide.
4-p- The traveler agrees that tour conditions have been met if overnight in total time of trip is not reduced and class and category of accommodation facilities is not changed.
4-r- If there is any change in place and time of departure and flight number prior to start of tour in case of charter flights, the travelers shall be notified by the agency 48 hours prior to tour. ESAS TRAVEL shall not accept responsibility for any problems that may arise out of accommodation and transport carried out by the traveler alone prior to such notice.
1-a The traveler is entitled to take two suitcases not larger than 50cm x 70 cm for any trips, a luggage of 20 kg for flights. No money, valuable papers, and jewelry should be placed in the luggage. The agency shall not be held responsible for the valuable items in the lost luggage.
1-b- Smelly, liquid, flammable or explosive materials, or items disturbing the people around, and sharp, penetrating objects, and firearms, and any type of animals shall not be accepted to transportation vehicles and accommodation facilities without a written permission.
1-c- If the luggage is lost or damaged due to gross negligence of agency personnel, ½ of the portion of total price of tour corresponding to transportation shall be paid to the owner of lost item regardless of tangible and intangible value of the items in the lost or damaged luggage and other qualities and properties of such items. The agency shall be liable for the loss, damage and stealing of an item that is declared and delivered to the agency by the traveler including their value in writing in proportion to tour price at most.
1-a The traveler is responsible for the visa-passport procedures. However, if the traveler delivers all the required documents in complete to the agency 1 month prior to start of tour, the agency (as the agent) may follow the visa procedures for a fee.
1-b- In regard to passports delivered for visa in 1 month or thereafter, the agency shall not be responsible for not obtaining a visa as visa procedures are fully subject to initiative of consulates. Obtaining a visa does not give a guarantee for access to that country, therefore, the agency shall not be responsible for those that are rejected for access. For this reason, no refund or compensation shall be paid.
1-c- Cancellation conditions shall apply to cancellation of tour due to not obtaining visa.
1-a- The coverage for deficient or defective performance, losses, damages and claims of a traveler that purchases travel insurance service or has a travel insurance within the tour packet is determined by the policy of insurance company that provides such service. The agency shall have no responsibility for content, extent or implementation ways of such coverage.
1-b- If the traveler leaves the tour claiming that service is defective, the traveler shall notify the agency representative and the hotel that traveler has left the tour with a letter including the reasons for leaving. Otherwise, the traveler shall not be deemed to have left the tour, and shall be deemed to have purchased and used the service.
1-c- The duty of care of a traveler in good faith is to notify in writing the agency representative of anything that traveler complaints about during the performance of service. If the traveler uses the full service despite complaint, this shall eliminate the right to compensation such as substation of service and refund regarding items subject to complaint.
1-d- If the traveler(s) that does not sign the agreement but joins the tour under the agreement, the traveler(s) assigned by such traveler to register on behalf of them shall be deemed to have read and undertaken this agreement. Despite that, the lawsuit and prosecution of traveler(s) that joins the tour claiming that they have not personally signed the agreement against the agency and regarding the tour that have joined, and if the agency has to pay any amount or compensation to the traveler other than those indicated in this contract, the agency will reserve the right of recourse for the extra amount paid to traveler(s) that has signed this agreement. The travelers that join this tour shall be deemed to have been informed about conditions of this agreement binding upon the Parties through notices eve if they have not signed this agreement, and undertaken to join the tour under such conditions.
1-e- In case not solved by the agency, the traveler shall be entitled to apply to the agency located where the traveler purchases the product or resides for complaints and objections, and to Courts of Trabzon for conflicts with a value less than 2.200.00 TL (two thousand two hundred TL); to Courts of Trabzon for conflicts with a value less than 3.300 TL (three thousand three hundred TL); to Courts of Trabzon for conflicts in metropolitan cities with a value between 2.200.00 TL and 3.300.00TL, and to Courts of Trabzon for conflicts with a value more than 3.300.00 TL.
1-f- The travelers that purchase a packet tour are covered by Anadolu Sigorta compulsory packet tour liability insurance. The coverage is limited to the price of packet tour.
1-g- In case of discrepancies in the copies of the agreement, the copy retained by the agency shall prevail.
1-h- The conflicts that may arise out of this agreement shall be settled by provisions of Regulation of TURSAB Arbitration Committee. I have read all the information in the agreement below, received and reviewed the brochure. I have also received the price and cost breakdown. With my signature below, I agree on the conditions on behalf of any travelers.
Name and Surname: Date Signature