BURAK TURİZM TRAVEL AGENCY
Hereinafter BURAK TURİZM Travel Agency shall be referred to as “AGENCY”, and those intend to purchase the programs and services offered by the AGENCY shall be referred to as “CONSUMER”.
1) This agreement covers arrangement of services to be delivered and conditions between “CONSUMER” who intends to purchase tours, organizations, hotel reservations organized by the AGENCY and all services offered for sale, and the “AGENCY”.
2) The person who signs the agreement on WEBSITE or by coming to and being enrolled at the agency is the only addressee of the agency in the capacity of “CONSUMER” on behalf of those who do not sign the agreement, however, participated in the contractual program and travel together. Even if those do not sign an agreement, they are deemed to be informed of the conditions of this agreement to be in force between the parties from the CONSUMER or by means of AGENCY leaflet, website and announcements, and to have accepted to participate in the offered services under the conditions hereof.
3) Information given to that person regarding the enrolled program are considered to be made to other CONSUMERs.
1) Our sales are made in cash or through single slip and in advance via banks’ credit cards and/or with the credit cards of the banks contracted for installment sales.
2) While enrolling to the programs announced by the AGENCY, total sum or specified down payment over the price indicated in the announcement is collected through credit card, bank transfer, or in cash.
3) For payments with down payment, “pre-reservation” money indicated at the time of enrollment is collected. Rest amount must be paid at least 15 days before the beginning of tour. If specified payments are failed to be made within the mentioned periods, the reservation made is cancelled. In that case, 35% of the program price is invoiced to the consumer as forfeit money. Moreover, the money taken during definite reservation as down payment before program sale is not refunded if the customer does not pay the residual amount of the price, since such money is taken as the assurance amount for program participation.
4- CANCELLATION – WAIVER – CHANGES
1) Depending on failure to achieve required number of program participants, and when deemed necessary, AGENCY may cancel the announced or enrolled programs partially or in whole until 7 days prior to beginning of them. Consumer is entitled to have full price refund. In that case, CONSUMER’s right for compensation does not arise.
2) In case CONSUMER waives at least 30 days prior to tour beginning and cancels his/her enrollment, price is refunded in full amount. However, since the tickets are purchased as group ticket for the tours in connection with airlines, trains and ships, any excuse is not accepted for cancellations after enrollment and airline, train and ship tickets are not refunded. Cancellation and refund conditions of carrier companies apply for airline, train and ship tickets.
3) All expenses incurred for visa procedures are collected from the CONSUMER if the travel is cancelled by the CONSUMER or relevant consulate does not issue visa.
4) If Consumer asks for any cancellation/change for any reason in his/her reservation 29-15 days before the beginning of the program, he/she accepts and undertakes to pay 35% of program price, and to pay the full price after 15 days to the AGENCY.
5) Name changes are impossible to make in chartered flights. If Consumer loses travel documents, he/she obliged to pay the penalty imposed by the relevant airway, railway and seaway.
6) Unless Consumer informs in writing that he/she will attend to the program whose beginning is passed up, AGENCY is entitled to cancel all reservations made on behalf of the Consumer within 24 hours as of program beginning. In such cancellations, any refund is not made to the Consumer.
5- GENERAL PROVISIONS
1) AGENCY is entitled to change the hotel names, transportation means, and departure times within scope of the program provided that “specified standards” of the program is preserved. Guide may apply changes in program according to road and weather conditions.
2) Programs given during enrollment are sample programs. AGENCY may not be held responsible for tours not approved by the legal authorities or not performed due to fire, earthquake, natural disaster, terrorism, etc.
3) Consumer accepts that program requirements are fulfilled unless overnight stays are shortened during program, and classes and categories of accommodation facilities are altered.
4) AGENCY may not be held responsible for troubles that may occur in airlines due to any reason such as strike, delay, etc.
5) Since all arrangements regarding charter flights are subject to international aviation rules, Warsaw Convention may implement any change in airlines and flight schedules. Departure time cannot be guaranteed. Carrier may change the stop points indicated in tickets. Or it may not give any stops. Since flight times become definite 48 hours before, the times indicated during sales are possible times, and AGENCY may not be held responsible for such changes.
6) Cancellation and refund requests due to such reasons arising from airway, railway and seaway carriers are not accepted.
7) If AGENCY is asked to follow visa procedures, Consumer is required to have a passport with a validity period of at least “seven months” and to deliver the documents prescribed by the relevant consulate to the AGENCY within periods prescribed again the same consulate. AGENCY has the capacity of intermediary between CONSUMER and consulate for visa procedures; it is not responsible for obtaining visa. If visa is not approved by the consulate, abovementioned cancellation conditions shall apply.
8) Compulsory travel insurance must be made for each participant by the AGENCY. Scope of the coverage included in that travel insurance package for incomplete or defective performances, damages and losses is set out with the policy of the insurance company providing said service. Agency assumes no responsibility for the contents, scopes and application methods of such coverage.
9) If Consumer abandons the program he/she begin by mentioning defective service, he/she is obliged to inform is/her tour abandonment to the Agency authority and to the hotel where he/she stays in writing together with the reasons. Otherwise, he/she deemed to have abandoned the program and considered to have purchased and utilized the service.
10) Written notification of the complained matters to the Agency by the Consumer during the performance of services is the duty of care of the well-intentioned Consumer. If Consumer utilizes the service completely despite having complained for such service annihilates the rights for compensation such as substitution service or price refund for complained matters.
11) Guide service is applicable for the places specified within scope of the program. AGENCY is not responsible for the tour leader and guide, and for guidance during market, bazaar and shopping activities.
12) AGENCY has an intermediary position between Consumers participated in the program and any third parties and legal persons in connection with hotel, carrier companies and program content as well as providing other services, and it is obliged to inform possible changes within 24 hours. Thus Agency may not held responsible for the violation of the agreements concluded between travel agency and transportation firms by the Consumers enrolled to the program by applying to the Agency, absence of the intermediaries at departure places o times indicated in their schedules, any delays or failures of road, air and marine vehicles, changes in itineraries and routes due to any weather conditions such as mist, storm, blizzard as well as road obstacles, reasons such as strike, terrorism, war, possibility of war or similar force majeure, any troubles that may arise from own fault of the driver of transportation means or personal faults of third parties or unpredictable technical matters, accidents causing pecuniary and non-pecuniary damages, incomplete or faulty services of accommodation facilities, and such issues arisen because travel agency has not the capacity of the business owner.
13) For travels performed via airline, train or ship, price rises imposed on such vehicles are added o announced trip prices at the same rate.
14) AGENCY transfers the demands of Consumer regarding room selection in accommodation facilities; however, it does not guarantee the fulfillment of such demands. The beds to be allocated to the third and fourth people that will stay in the same room are additional beds, and they may be smaller than present beds.
15) When arrived to the hotel, rooms are not delivered to the Consumers before 14:00. When leaving the hotel, Consumers are required to evacuate their rooms until 12:00 at the latest.
16) Items with stinking, fluid, combustible or explosive nature or causing disturbance as well as cutter, driller items and guns, and any kind of animals are not accepted to transportation vehicles and accommodation facilities.
17) For the matters that are not written in this agreement, provisions of 1618 SY, 4077 SY, 4288 SY, 2634 SY, IATA, IHA, UFTAA Convention, Civil Aviation Code, Code of Obligations, Turkish Code of Obligations, International agreements participated by Turkey and statutes, regulations, circulars and communiqués issued in connection with them as well as the provisions of TÜRSAB Kütahya Chart implemented in Turkey pursuant to internationally accepted Frankfurter Tabelle.
18) TÜRSAB Arbitration Board is competent for the disputes arising from the agreement and methods of the board apply.
19) Consumer is responsible for the accuracy of the names stated in the agreement by him/her (as it’s written in the passport). If there is any difference between the copy of the agreement retained by the Consumer and the copy retained by the AGENCY, the copy retained by the AGENCY and AGENCY records are taken as basis.
20) This package “sales agreement” executed between parties in two samples has been executed, read, controlled and accepted both-sided with all annexes by the authorized people of the parties. Parties accepted and confirmed the commitments and deeds agreed mutually by signing jointly. The person who accepted and signed this package “sales agreement” by proxy on behalf of the Consumers who will participate in the program and whose names are written in this agreement accepts and undertakes that whole legal responsibility against those people lies with him/her.
21) For the sales carried out on the website, enrolled CONSUMER is considered to have read the enrollment agreement and accepted its conditions.
Wish you peaceful travels...