Distance Sales Agreement
1-) PARTIES AND SUBJECT MATTER:
This agreement is prepared in accordance with the law, using the sample contract of the Association of Turkish Travel Agencies (TURSAB), between the seller (referred to as "AGENT" in this agreement) on one side and the consumer, defined below, on the other side, regarding the sale of overseas tours and the mutual protection of rights.
Consumer: (Hereinafter referred to as "CONSUMER")
Address:
Phone:
2-) CONTRACT TERMS AND PRICES:
1. Package Tour Payment Details: The contract prices, fees, and expenses are additionally specified on the “Reservation Document.” All details of the payment, including the sale price (inclusive of VAT) whether paid in full or in installments, the number of installments, exchange rates for credit card payments, interest for delayed payments, advance payments, and remaining balance, are clearly and explicitly stated on the reservation document, and the consumer is informed and has provided their approval.
2. Included/Excluded Services: All services included in the tour price are individually specified in the reservation document and the tour-related circular. All services not included (even if not mentioned) are subject to extra charges. Taxes, duties, fees, and similar public payments required from tourists by the legislation of the destination countries and price changes due to exchange rate fluctuations are reflected to the consumer. This situation is immediately notified to the consumer, who may then either withdraw from the contract without any compensation or accept the changes and their impact on the price as specified in the supplementary agreement.
3-) TOUR DURATION / TRANSPORTATION MODE / STOPPING POINTS / NUMBER OF MEALS / ACCOMMODATION TYPE:
The duration of the tour, transportation mode, type of accommodation, number of meals, and other details are as specified in the “Reservation Document” provided with the contract. The consumer, by signing the bottom of this reservation document, acknowledges having reviewed the brochure and read and accepted all relevant details.
4-) PAYMENTS:
Package Tour Registration Terms: At the time of reservation, the consumer must pay at least 35% of the total reservation amount. The remaining balance must be completed at least 21 days before the start of the trip. If payments are not completed within the specified times, the reservation will be canceled by the agent, and the 35% payment made will be invoiced to the consumer as a cancellation fee. The consumer is deemed to have accepted these terms with this contract and cannot request a refund.
5-) FORCE MAJEURE:
The AGENT cannot be held responsible for any political events, strikes, disasters, weather conditions, technical events and failures, changes, or delays arising from interstate relations that may occur before or during the tour.
6-) CANCELLATION AND TRANSFER:
6.1) The AGENT, when necessary, may partially or completely cancel the tours it has announced or registered for, by notifying the consumer at least 7 days before the start of the trip. Within the same period, the agent may change the hotels, transportation vehicles, departure points, and destinations listed in the program. The consumer may accept these changes or, if they do not accept the changes, they may choose one of the following options by notifying the agent in writing or via a permanent data storage device:
1. Participate in another package tour offered by the organizer or intermediary of equal or higher value without paying any additional fee.
2. Participate in a lower-value package tour with a refund of the price difference to the consumer.
3. Withdraw from the contract without paying any compensation. In case of withdrawal, the organizer or intermediary must refund all payments made by the consumer within fourteen days from the date of receipt of the withdrawal notice without any deductions.
6.2) If there are changes in the exchange rate, fuel costs, taxes, duties, fees, and similar legal obligations charged at ports, airports, etc., the agent may increase the contract price by up to 5%, provided it notifies the consumer in writing or via a permanent data storage device at least 20 days before the tour starts. If the consumer violates the contract terms, the provisions of the debt law regarding default will apply. If the consumer fails to pay the contract price, a default interest rate will be applied at the legal interest rate.
6.3) For cancellations made at least thirty days before the start of the package tour, the consumer will be refunded the full amount paid, excluding mandatory taxes, duties, and similar legal obligations, within 14 days.
6.4) If the consumer cancels the package tour within less than thirty days before the start due to unforeseeable and unavoidable circumstances or force majeure, they will be refunded the full amount paid, excluding mandatory taxes, duties, and similar legal obligations, within 14 days.
For cancellations made 30/15 days before the start, the consumer agrees to pay 65% of the package tour price, and for cancellations made within less than 14 days, the full amount.
6.5) According to Article 12 of Law No. 1618 on Travel Agencies and the Association of Travel Agencies, if the package tour service is purchased, it is insured for cases of incomplete or non-provision. The coverage is limited to the package tour price (up to a maximum of 1,000 EURO). In this case, the consumer does not have a right to compensation.
6.6) For all package tours with flight transportation, cancellations and changes are subject to the rules of the relevant airline. For all tours except promotional tours, airline rules apply to cancellations, changes, and refunds.
6.7) No cancellations or changes are allowed for promotional tours and the flight tickets used in these tours. As promotional tickets are valid only with hotel reservations, in case of tour cancellation, flight and hotel reservations cannot be canceled, and the total payment amount will be invoiced to the participant. Promotional tours are specified within the tour packages.
6.8) For charter flights, no excuses are valid for cancellations made 30 days or later, and the full tour price will be invoiced to the consumer as a cancellation fee.
6.9) If it becomes impossible for the consumer to continue the package tour, they may transfer the contract to a third party who meets all the conditions for the package tour by notifying the agent in writing or via a permanent data storage device at least seven days before the start of the tour. The consumer transferring the contract and the transferee are jointly liable to the agent for the remaining balance and all additional costs arising from the transfer.
7-) CHANGES:
The agent may change the names of the hotels, transportation vehicles, departure times, and locations within the tour, provided it notifies the consumer at least 48 hours before the tour starts, adhering to the standards specified in the program. The tour programs provided during registration are examples of accommodation and transportation. The organization of additional tours mentioned in the program depends on the guide's initiative and necessary conditions. The guest accepts that the tour conditions are met as long as the total number of nights during the trip is not shortened and the class and categories of the accommodation facilities are not changed. Especially for special flights, if there are changes in departure times and flight numbers before the tour, the agent will inform the guests at least 48 hours before the tour. The agent is not responsible for any issues arising from transportation and accommodation arrangements made by guests on their own before this notification.
sıkıntılardan acente sorumlu değildir.
8- ) DEPARTURE TIMES:
The departure times of transportation vehicles like planes, ships, trains, buses, etc., are valid as of the contract date. The agent is not responsible for schedule changes made by the carrier companies afterward. The departure times and flight numbers of transportation vehicles in the contract should be checked with the agent before the trip. Changes may be made due to reasons related or unrelated to transportation vehicles. Our agency informs passengers of the tour departure details, and passengers are also responsible for learning these details.
9-) LUGGAGE:
9.1) The consumer participating in the tour is entitled to carry two suitcases, not exceeding 50cm x 70cm, and up to 20 kg for air travel. Valuable items such as money, important documents, and similar valuable jewelry should not be kept in the luggage. The agent is not responsible for the loss of valuable items inside the luggage.
9.2) Items with odor, leakage, flammability, or explosiveness, or those causing discomfort, as well as sharp, piercing, and firearms, and any kind of animals, are not allowed on the vehicles and accommodation facilities without the explicit written permission of the agent.
9.3) In case of luggage loss or damage caused by the severe fault of the agent's personnel, half of the transportation cost within the total trip price is paid to the owner of the lost item. The agent is only responsible for the loss, damage, or theft of items declared in writing with their values by the consumer up to the total trip price.
10-) VISA PROCEDURES:
Visa and passport procedures are the responsibility of the consumer. However, if all necessary documents are submitted to the agent at least one month before the start of the trip, visa procedures can be followed by the agent as an intermediary for a fee. The agent is not responsible for any issues related to visa issuance, as it is entirely at the discretion of the consulates. Obtaining a visa does not guarantee entry to the country, and the agent is not responsible for consumers not being admitted into the country. No refunds or compensation will be made for this reason. In case of tour cancellation due to visa denial, cancellation conditions apply.
11-) OTHER PROVISIONS:
11.1) The coverage of travel insurance included in the travel package for consumers regarding incomplete or defective performance, damage, loss, and other liabilities is determined by the policy of the insurance company providing this service. The AGENCY is not responsible for the content, scope, or application methods of these coverages.
11.2) If the consumer abandons the tour on the grounds of defective service, they must inform the AGENCY representative and the hotel they are staying at in writing, along with the reasons. Otherwise, the consumer will be considered to have abandoned the tour and used the service.
11.3) It is the duty of a well-intentioned consumer to report complaints about the service during its performance in writing to the authorized person. If the consumer continues to use the service despite having complaints, their right to compensation, replacement service, or refund for the complained issues is forfeited.
11.4) Consumers who participate in the tour covered by the contract but whose signatures are not present in the contract are considered to have accepted and committed to this contract if they have authorized another consumer to register on their behalf. Despite this, if consumers participating in the tour initiate lawsuits or proceedings against the AGENCY based on the absence of their signatures in the contract, and the AGENCY is obliged to pay compensation or other amounts beyond what is written in this contract, the AGENCY reserves the right to recourse against the consumer(s) whose signatures are present in the contract for the excess amount paid. These consumers are deemed to have learned the terms of this contract from announcements and committed to participating in the tour under these terms, even if they have not signed the contract.
11.5) In the event of discrepancies between the consumer's copy of the contract and the AGENCY's copy, the records of the AGENCY's copy will prevail.
11.6) In case of disputes arising from this contract, the Istanbul Chamber of Commerce Arbitration Board, the TURSAB Arbitration Board, and the Istanbul Courts and Execution Offices are authorized.
1. For matters not written in this contract, the provisions of Law No. 1618 and the regulations, bylaws, circulars, and notifications issued based on it; Law No. 2034, IATA, IHA, UFTAA Convention Provisions, and international private and official agreements will apply. I have read all the subjects and information mentioned in the above contract, received the brochure, and reviewed it. I have also received the breakdown of costs and expenses. By signing below, I accept the stated conditions on behalf of all participants.
Seller Company Name: Satguru Travel and Tourism Inc.
Address: İnönü Mah. Cumhuriyet Cd. No:59 k:3 D:10 Şişli/Istanbul
Phone: 0 (212) 2913357
Email: nitingangwani@satgurutravel.com
