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- Tour Booking Registration and Sales Agreement
Within the framework of this contract; Pergamino Travel Turizm Tekstil İnşaat Sanayi Ve Limited Şirketi is referred to as the travel agency at the address “Osmanağa Mah. Söğütlüçeşme Cad. Bulvar Çarşısı No:64/112 Kadıköy/ISTANBUL” address where it operates as a travel agency and this contract has been signed between the customer and the accompanying persons who purchased the service with the same title. In this contract, each customer will be referred to as a consumer.
Vendor/Agency Information
Agency Name and Title: Pergamino Travel Turizm Tekstil İnşaat Sanayi ve Limited Şirketi
Tax Identification No: 7280676120
Address: Osmanağa Mah. Söğütlüçeşme Cad. Bulvar Çarşısı No:64/112 Kadıköy/İstanbul
E-Mail Address: info@norestetours.com
Website: www.norestetours.com
Phone: +90 (216) 337 00 03
Mobile Phone: +90 (532) 764 76 95
- This contract shall enter into force upon the approval of the customer to purchase the aforementioned services from “Noreste Tours” and it is agreed by the parties that the effective date shall be the date of approval.
- This contract ends in the event that the service is received and consumed by the customer or is subject to cancellation in any way.
- All hotel and tour sales within Noreste Tours are guaranteed quota sales. Sea view rooms are not guaranteed in hotel sales.
- Noreste Tours makes agreements and payments in advance with its business partners for extra organizations (disco, boat, nature trip, cultural tour) that it will carry out in package tours. The sales of these organizations are guaranteed and the customer has absolutely no right to cancel, return, change after the sale at the request of the customer.
- The customer who is the signatory in this contract is deemed to have approved all the terms in the contract on behalf of the parties purchasing the service. The parties named in the contract other than the signatory have absolutely no right of objection.
- Noreste Tours reserves the right to make all kinds of changes in tour, hotel sales and organizations. In case of non-compliance with the rules of this contract, tursab arbitration board and istanbul executive courts are authorized.
- This contract has been prepared within the framework of the provisions of the law on consumer protection numbered 4077.
Pre-Trip Briefing
Pursuant to Article 7 of the Regulation titled “Pre-trip Information”, package tour organizers and intermediaries are obliged to inform the participant at least TWENTY-FOUR HOURS FOR DOMESTIC TOURS and FORTY-EIGHT HOURS FOR INTERNATIONAL TOURS on the following issues at least TWENTY-FOUR HOURS AND FORTY-EIGHT HOURS BEFORE THE START OF THE TOUR, if they are within the scope of the services constituting the package tour:
- The start and end date and location of the trip.
- The date and place of intermediate accommodation and transit information.
- In cases where the participant is allocated a specific place on the journey, detailed information about this place.
- The name, address and contact information of the representative of the package tour organizer or intermediary at the tour location or, if there is no representative, the name, address and contact information of the local contact points that can be contacted, information that will enable the participant to contact the package tour organizer or intermediary as soon as possible in the absence of a local representative and contact point.
- If a contract has been made for a minor to travel to or stay in a foreign country, information enabling direct contact with the minor or the person responsible for the minor's stay.
- If an optional insurance contract has been concluded to cover cancellation costs or assistance costs, including repatriation in case of accident or illness, information on this.
***If the brochure or contract given to the participant contains the information specified in the first paragraph and this information has not changed, it is not obligatory to inform the participant again before the trip.***
1. Parties
A package tour contract has been signed between the consumer and the travel agency NoresteTours -Pergamino Travel Turizm Tekstil İnşaat Sanayi Ve Limited Şirketi-, whose reservation details are specified above. In matters not written in this contract, 1618 s.k. and the regulations, by-laws and circulars, communiqués and schedules issued accordingly, 2634 S.K., IATA, IHA, UFTAA Convention Provisions International private and official contracts will be applied. Hereinafter NORESTE TOURS will be referred to as the agency.
***Adolescent/immature persons will be able to benefit from the service package with the accompaniment of their legal representatives.
2. Payments
- 20% of the service fee will be collected in advance at the time of booking. Otherwise the reservation will not be completed. The remaining balance will be paid in advance and in cash on the day of the activity.
- The consumer who purchases discounted services through campaign sales (such as early booking discounts and promotional sales) is obliged to pay the full price of the service on the date of reservation.
- The receipt sent to the consumer upon confirmation of the advance payment should be printed or digitally recorded and kept with the consumer during the start of the tour service by showing it when necessary. As a matter of fact, when the reservation process is completed, an e-mail will be sent to the consumer for confirmation. In case of any question or problem regarding the relevant e-mail, access to the contact information of the agency will be provided by redirecting the page.
- For special products and services, the balance must be paid no later than 60 days before the start of the service.
3. Change
A. Package Change
The consumer can make changes in the service packages published on info@norestetours.com without paying any price difference between the current dates and hours of the relevant package, provided that there are available gaps for service diversity.
B. Regarding Package Changes
Price changes must be notified to the participant in writing or by permanent data storage at least 20 days before the departure date. The prices in the package tour contract can only be changed if there is an explicit provision in the contract and in the cases specified in Article 9 of the Regulation. CHANGES MAY BE MADE TO THE ESSENTIAL ELEMENTS OF THE CONTRACT BEFORE THE START OF THE PACKAGE TOUR. Significant changes made by the package tour organizer or intermediary in the content of the contract before the start of the package tour due to reasons not caused by the participant and some other price changes are considered as fundamental contract changes. Pursuant to the Regulation, the fundamental change in the contract made by the organizer or intermediary before the start of the package tour is regulated in two ways. These are;
- For reasons not caused by the participant.
- These are price changes except for price changes made for the reasons specified in Article 9 of the Regulation. In case of substantial contractual changes; it is regulated that the participant may exercise his/her optional rights listed in Article 10 of the Regulation by accepting this change or revoking the contract.
***Participation in another package tour of equal or higher value WITHOUT PAYING AN ADDITIONAL FEE.
***Participation in a package tour of lower value on condition that the price difference is refunded.
***Revocation of the contract without compensation (In this case, the organizer or intermediary is obliged to return the entire amount paid within 14 days without any deduction).
4. Circumstances That Remove the Liability of the Package Tour Organizer and the Intermediary
Legally, the package tour organizer or intermediary cannot be held responsible for damages arising from the non-performance or non-due performance of the contract in the event that the non-compliance with the contract arises from the following circumstances. In this context, the Agency may cancel or postpone the trip due to the failure to create definite registrations for the required number of passengers and/or adverse weather conditions, road obstacles, strikes, terrorism, fog, the possibility of war, unforeseen technical issues and all force majeure reasons, despite having shown all necessary care. In this case, the consumer has no right to compensation.
- The participant is at fault.
- The unexpected and unavoidable behavior of a third party not involved in the performance of the contract.
- The existence of force majeure.
- An event that the package tour organizer, intermediary or independent service provider could not foresee and prevent despite all due care.
- Cancellation of the package tour due to failure to meet the minimum participation required for the organization of the package tour and notification of the cancellation to the participant in writing or via permanent data storage at least twenty days before the start of the package tour within the period stipulated in the contract.
In the cases specified in clauses (b), (c) and (ç), the package tour organizer or intermediary and their representatives at that location are obliged to provide rapid assistance in the event that the participant is in a difficult situation.
5. Cancellation and Transfer
- The consumer cannot get back the amount paid during the reservation in case of cancellations made by the consumer, regardless of how many days remain until the service starts.
- If the minimum number required for the service to be realized in tour packages is not reached, the relevant organization will be canceled and the deposit paid by the consumer at the time of reservation will be returned to the consumer. Otherwise, the consumer has the right to change the date and time of the service he/she wants to receive according to the availability in tour packages.
- In special products, in case of cancellations made 60 days before the service starts, the consumer will be refunded the entire amount paid up to that time. The consumer accepts and undertakes to pay 25% of the trip price if he/she cancels the contract 59-31 days before the start of the trip, 50% of the trip price if he/she cancels the contract 30-15 days before, 75% of the trip price if he/she cancels the contract 14-07 days before, and the entirety of the trip price if he/she cancels the contract less than 7 days before.
- The consumer's written submission of an official board report to be obtained from a fully equipped state hospital and the deaths of his/her first degree relatives that prevent him/her from performing his/her usual activities for 10 days before the start of the service is an exception to the cancellation/transfer clauses.
- The consumer/participant may transfer the contract to a third party that fulfills all the conditions applicable to the package tour by notifying the package tour organizer or intermediary in writing or via permanent data storage until exactly 7 days before the start of the service.
- The transferee is responsible for the balance and all expenses arising due to the transfer together with the transferor. The consumer is obliged to submit all cancellation/transfer requests in writing to the agency before the start of the service.
- If the consumer does not notify in writing that he/she will participate in the service that he/she missed: The agency has the right to cancel all reservations and services made on behalf of the consumer after 24 hours. No refund will be made to the consumer in such cancellations.
- If the agency deems necessary, it may partially or completely cancel the tours it has announced or registered for before the start of the service, provided that it notifies the consumer. During the same period or during the service, the agency may change the names of hotels within the scope of the service, means of transportation and their departure points, and the order of visits of places specified in the program and shown as places to be visited. If the consumer does not accept these changes and cancellations for justified reasons, he/she has the right to cancel his/her reservation and receive a refund for the unconsumed service fees.
6. General Provisions
- All kinds of responsibility regarding the baggage and its contents belong to the owner. The consumer is obliged to comply with the laws and customs applicable to the vehicle in which he/she will travel and the facility where he/she will stay.
- In cases of loss or damage to baggage caused by the provider's gross negligence; if the consumer has the provider prepare a loss or damage report. Regardless of the material and moral value of the items in the baggage and other characteristics and features, 1/2 of the part of the total cost of the trip that corresponds to transportation is paid by the Agency to the consumer who owns the item as material and moral compensation for the lost item and suitcase. The Agency is responsible for all kinds of loss, damage and theft of the items that have been declared to it in writing together with their values and received, up to the transportation cost of the trip.
- The Agency is responsible for reasons other than the force majeure that occurs after the commencement of the service it has undertaken, the situation for which the consumer is responsible and the situations arising from the personal responsibilities of third parties. In cases within the agency's responsibility, the consumer may be compensated for the changes to his/her detriment in the form of a refund of the price or service in accordance with the provisions of the TÜRSAB Kütahya Schedule, and may also seek compensation through additional and/or alternative arrangements provided to the consumer during the service and not included in the price.
- The consumer's receipt, use or consumption of additional or substitute services eliminates the consumer's rights to a refund and compensation.
- The consumer accepts that he/she will comply with the rules notified by the guide, facility, agency and transportation vehicle authorities regarding the purchased service; that he/she will respect the life, property and peace of third parties; otherwise, he/she will not be able to receive the service for a justified reason and will not have the right to a refund.
- If the consumer terminates the reservation by claiming that the service provided is defective, he/she must notify the Agency authority and the hotel where he/she is staying in writing of the reasons for termination. Otherwise, he/she will have received and used the service.
- It is the obligation of the well-intentioned consumer to cooperate and act diligently to notify the Agency in writing of the issues the consumer complains about during the performance of the service.
- The consumer's use of the service until the end despite the complaint shall eliminate the rights to compensation such as replacement service and refund regarding the issues they complain about.
- Consumers who do not sign the contract but participate in the service subject to the contract shall be deemed to have accepted and committed to the provisions of the contract by having their consumers, whom they have assigned to register on their behalf, read and sign this Contract. The agency reserves the right to recourse to other consumers for the collection of the excess amount or service fee paid to the consumer(s) who have signed the contract.
- In case of entry into foreign countries, the authority to permit entry belongs to the passport police of that country and may not grant entry to the country, regardless of whether there is a visa or not, without showing any valid reason. The agency cannot be held responsible for this situation and the customer is responsible for any damages that may arise.
- According to Article 12 of Law No. 1618; if a package tour service is purchased, the cases where the package tour is incomplete or not provided at all are covered by insurance. The coverage is as much as the package tour price.
- If the consumer wishes, before the package tour and/or accommodation service starts, he/she can insure the return expenses to the point of departure in case of accident and illness and all kinds of damages and treatment expenses arising from accidents.
- In this contract, the customer who signs it is deemed to have approved all the terms of the contract on behalf of the parties purchasing the service. The parties mentioned in the contract other than the signatory have absolutely no right to object.
- NORESTE TOURS reserves the right to make any changes in tour, hotel sales and organizations. If the rules of this contract are not complied with, Tursab Arbitration Board and Istanbul Enforcement Courts are authorized.
- In cases where the agency does not comply with the contract partially or completely, the articles of TURSAB KÜTAHYA SCHEDULE shall be applied in calculating the compensation to be paid.
- A copy of the compulsory travel insurance policy, which includes bankruptcy, defective and incomplete services that travel agencies are obliged to have in accordance with the Law No. 1618 on Travel Agencies and the Association of Travel Agencies, as amended by Law No. 5571, for tours with transportation and accommodation, has been given to the customer, and the customer confirms that he/she has received it by signing the contract.
Service Defect Complaints
In case of defective or faulty service, the Arbitration Committee or Consumer Courts are authorized according to the material limits determined by the Consumer Protection Law.
Service Guarantee
In case of sufficient participation and no force majeure reasons, the travel agency accepts and undertakes to provide the services it has undertaken above, independently of the given advertisements and published brochures about the trip, in return for the price written above. In case the travel agency fails to fulfill its commitments written above partially or completely, the amount of the refund to be made to the customer will be in accordance with the provisions of the TÜRSAB KÜTAHYA SCHEDULE and the travel agency accepts and undertakes to provide the services it has undertaken above, in return for the price written above.
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