1-) PARTIES AND SUBJECT:
This contract is prepared in accordance with the law regarding the sale of foreign tours and hotel reservations on one side by the seller HOLIPEDIA TOURIST SERVICES (hereinafter referred to as AGENCY) and on the other side by the consumer defined below for the protection of mutual rights.
Consumer:………………………………………………….…….(Hereinafter referred to as CONSUMER in this contract.)
Address
:……………………………………………………………………
Phone
:……………………………………………………………………
2-) CONTRACT TERMS AND FEES:
1. Package Tour Payment Details The amounts for the contract fees, costs, and expenses are specified in detail on the "Reservation Document," which is an annex to this contract. All details such as VAT included upfront/installment sales price, number of installments, foreign exchange rate for credit card payments, down payment, remaining balance are clearly and explicitly stated on the reservation document, and the consumer has been informed and consented to these details.
2. Included / Excluded Services All services included in the price of the tour are listed separately on the reservation document and in the brochure related to the tour. All services other than those specified as included (even if not mentioned) are subject to additional charges. Taxes, fees, duties, and similar public payments, as well as price changes due to exchange rates based on the legislation of the countries being visited, will be passed on to the consumer. This situation will be immediately communicated to the consumer. After the notification, the consumer may withdraw from the contract without any compensation payment or accept the amendments made and the impact on prices by accepting the specified annex contract.
3-) DURATION OF TOUR / MODE OF TRANSPORTATION / STOP-OVERS / NUMBER OF MEALS / ACCOMMODATION TYPE
The duration of the tour / mode of transportation / accommodation type / number of meals and other details are as specified in the "Reservation Document" provided with the contract, including the start and end times of the purchased service, the means of transportation, its class, location, qualities (including schedules and transfer details), accommodation type, meals included, and all other details. The consumer has read and accepted all related details by signing at the bottom of the reservation document.
4-) PAYMENTS
Package Tour Registration Conditions The consumer must pay at least 35% of the total reservation amount during the reservation. The remaining balance of the reservation must be completed at least 21 days before the start of the trip. If payments are not completed within the specified time, the reservation will be canceled by the agency, and the paid 35% will be billed to the consumer as cancellation compensation. The consumer is deemed to have accepted these terms by signing this contract and cannot request a refund.
5-) FORCE MAJEURE
The AGENCY cannot be held responsible for any political events, strikes, disasters, weather conditions, technical issues, or changes or delays arising from international relations that may occur before or during the tour.
6-) CANCELLATION AND TRANSFER
6.1 The AGENCY may partially or completely cancel the tours it has advertised or registered up to 7 days before the start of the trip, after notifying the consumer. During the same period, it may change hotels, transportation vehicles and their departure locations, and the places specified as part of the program. In this case, the consumer may accept this change, or by notifying the agency in writing or via a durable data carrier that they do not accept the change, may exercise one of the following options:
1. Participate in another package tour offered by the package tour organizer or intermediary without paying an additional fee, provided its value is equal to or greater than the original.
2. Join a package tour of lower value, provided that the price difference is refunded to the consumer.
3. Withdraw from the contract without any compensation payment. In the event of withdrawal from the contract, the package tour organizer or intermediary is obliged to refund the entire amount paid by the participant within fourteen days at the latest, starting from the date on which the withdrawal notification reaches them without any deductions.
6.2 If there is an amendment in exchange rates, fuel costs, taxes, fees, and similar legal obligations collected at ports, airports, etc., due to conditions existing at least 20 days before the commencement of the tour, the contract price can be increased by 5% of this price, provided that the consumer is notified in writing or via a durable data carrier. In case the consumer does not comply with the contract, the provisions of the law of obligations on default shall be applied. If the consumer does not fulfill the payment of the contract price, a statutory interest rate default interest will be applied.
6.3 In cancellation notifications made at least thirty days before the start of the package tour, the refund of the amount paid without any deductions will be made to the consumer within 14 days, excluding mandatory payments related to taxes, fees, and other legal obligations.
6.4 If the consumer, despite exercising all due diligence, is unable to foresee and prevent a situation or force majeure and gives a cancellation notification less than thirty days before the start of the package tour, any deductions will be made except for mandatory expenses resulting from taxes, fees, and other legal obligations and those amounts that have been paid to third parties and can be documented, and the amount paid will be refunded to the participant within 14 days. Apart from this, if cancellations are made 30/15 days before the start of the package tour, it will be accepted to pay 65% of the package tour price, and in cases of cancellation less than 14 days before the start, it will be accepted to pay the entire amount.
6.5 According to the Article 12 of the Law No. 1618, if the package tour service is purchased, cases of incomplete or non-provision of the package tour are insured. The scope of the guarantee is the package tour price up to a maximum of 1,000 EURO. In this case, no compensation rights will arise for the consumer.
6.6 For all package tours requiring air travel, cancellations and changes are subject to the relevant airline rules. For all other tours except promotional tours, the airline rules apply to cancellations, changes, and refunds.
6.7 Promotional tours and the airline tickets used in these tours cannot be canceled or modified. Since promotional tickets are valid along with hotel reservations, in the case of tour cancellation, airline and hotel reservations cannot be canceled, and the total payment amount will be billed to the participant.
6.8 In case of charter flights, no excuses will be valid for cancellations made 30 days or more before; in the case of cancellation, the total amount of the tour price will be billed to the consumer as the cancellation fee.
6.9 If the consumer is unable to continue the package tour, they may notify the agency in writing or via a durable data carrier, at least 7 (seven) days before the start of the tour, and transfer the contract to another person who fulfills all obligations under the package tour. The party transferring the package tour contract and the transferee shall be jointly responsible to the agency for the remaining amount and all additional expenses arising from this transfer.
7-) CHANGES
The agency may change the names of hotels, transportation vehicles, departure places and times, and maintain the standards specified in the program by notifying the consumer at least 48 hours before the tour starts. The tour programs provided at the time of registration serve as examples in terms of accommodation and transportation. The organization of extra tours mentioned in the program is subject to the guide's initiative, contingent upon the fulfillment of necessary conditions. The guest accepts that the tour conditions are fulfilled as long as there are no changes to the number of overnight stays during the total duration of the trip or in the class and categories of the accommodation establishments. In particular, if there are changes to the departure location, time, and flight numbers for special flights, the agency will inform guests at least 48 hours in advance. The agency is not responsible for any problems arising from accommodations and travels made independently by the guests before this notification.
9-) LUGGAGE
9.1 Participants in the tour are entitled to carry two suitcases not exceeding 50cm x 70cm in size and 20 kg in weight for air travel. Valuable documents, money, and similar valuable items must not be kept in the luggage. The agency is not responsible for any valuables lost in luggage.
9.2 Items that are smelly, leaking, flammable, or explosive, or that cause disturbance, as well as cutting, piercing, and firearms and all kinds of animals, will not be taken into transportation vehicles and accommodation establishments without the agency's explicit written permission.
9.3 In case of loss or damage to luggage due to the serious negligence of the agency staff, half of the portion of the total tour price related to transport will be paid to the owner of the lost items, regardless of their monetary and moral value or other qualifications. The agency is only responsible for any loss, damage, or theft of items explicitly declared in writing along with their values when handed over by the consumer, up to the total price of the tour.
10-) VISA PROCEDURES
Visa and passport procedures are the responsibility of the consumer. However, if all necessary documents are submitted to the agency without deficiency at least 1 month before the start of the trip, visa procedures can be monitored by the agency for a fee as an intermediary. Since visa processing is entirely at the discretion of the consulates, the agency cannot be held responsible for the failure to obtain a visa. Obtaining a visa does not guarantee entry into the country, and thus the agency will have no liability for those denied entry. Therefore, no refunds or compensations will be made. In the case of tour cancellations due to the inability to obtain a visa, the cancellation conditions shall be applied.
11-) OTHER PROVISIONS
11.1 Travel insurance covers the claims of consumers included in the travel package for incomplete or defective performance, damages, losses, and liabilities, which are determined by the policy of the insurance company providing this service. The agency has no responsibility regarding the content, scope, or implementation of these guarantees.
11.2 If the consumer leaves the tour claiming that the service is defective, they must report this in writing to the agency representative and the hotel where they are staying, providing the reasons. Otherwise, the consumer will be deemed to have abandoned the tour and considered as having utilized the service.
11.3 It is the good-faith consumer's duty to inform the responsible party in writing about issues they have complaints during the service performance. If the consumer continues to use the service despite their complaints, this will invalidate their rights to substitute services and refund claims regarding the issues raised.
11.4 Consumers who participate in the tour but do not sign the contract (as well as those they have authorized to register in their names) are deemed to have read, accepted, and committed to this contract. Nevertheless, in the case that consumers who have not signed the contract cause the agency to incur excess payments beyond what is stated in the contract, they reserve the right to recourse for the amounts paid by the agency to the consumers who have signed the contract. Even if these consumers do not sign, they will be deemed to have learned and committed to participate in this contract's terms.
11.5 In the case of any discrepancies between the copy of the contract retained by the consumer and that retained by the agency, the records retained by the agency shall prevail.
11.6 In the event of disputes arising from this contract between the parties, Istanbul Chamber of Commerce Arbitration Board, TURBAS Arbitration Board, and Istanbul Courts and Enforcement Offices shall have jurisdiction.
1. In matters not written in this contract, the provisions of Law No. 1618 and the regulations, bylaws, circulars, and notices issued pursuant thereto; Law No. 2034, IATA, IHA, UFTAA Convention Provisions, and International private and official contracts shall apply. I have read all topics and information mentioned in the above contract, I have received and reviewed the brochure. I have also received the fee and expense breakdown. With my signature at the bottom, I accept the terms for myself and on behalf of all other participants.