Service Agreement

PACKAGE TOUR SERVICE/DISTANCE SALES AGREEMENT ARTICLE 1- PARTIES AND SUBJECT MATTER This agreement is the execution of a contract between the Travel Agency named Tatilciniz Turizm Ticaret Limited Şirketi, tax number 8310760760, residing at Mecidiyeköy Mahallesi Musa Dayı Sokak Can İş Merkezi No:4B Şişli/Istanbul (hereinafter briefly referred to as the Agency in this agreement), and, on the other side, the tour participant defined below (hereinafter briefly referred to as the tour participant in this agreement), regarding the scope and conditions of domestic and international trips.

ARTICLE 2 – GENERAL PROVISIONS

 2.1. The Agency is responsible for reasons other than force majeure occurring after the commencement of the service it has undertaken, circumstances for which the consumer is responsible, and circumstances arising from the personal responsibilities of third parties. In circumstances within the Agency's responsibility, it may compensate changes adverse to the consumer in the form of a refund of the price or service in accordance with TURSAB provisions, or may also compensate them through additional and/or alternative arrangements provided to the consumer during the service that are not included in the price.

2.2. The consumer accepts that they will comply with the rules communicated by the guide, facility, agency and transportation vehicle authorities regarding the purchased service; respect the life, property and peace of third parties; otherwise, they may not receive the service for justified cause and have no right to a refund.

2.3. If the consumer terminates the reservation on the grounds that the service performed is defective, they must notify the Agency representative and the hotel where they are staying in writing of the reasons for termination. Otherwise, they shall be deemed to have received and used the service.

2.4. Consumers who have not signed the agreement but participate in the service subject to the agreement shall be deemed to have accepted and undertaken the provisions of the agreement when the consumer whom they authorized to register in their name reads and signs this agreement. Nevertheless, if a consumer participating in the trip brings an action or initiates proceedings against the Agency concerning the trip in which they participated on the grounds that they personally did not sign the agreement, and the Agency is required to pay the consumer an amount or compensation other than the matters written in this agreement, the Agency reserves the right of recourse against the consumer who signed the agreement for the excess amount paid by the Agency. Even if the consumers participating in this trip have not signed it, they have learned these agreement terms, which will be valid between the parties, through the catalogs and advertisements and have undertaken to participate in the trip under these agreement terms.

2.5. If there is a conflict between the copy of the agreement retained by the consumer and the copy retained by the agency, the records in the copy retained by the agency shall prevail.

 ARTICLE 3- AGREEMENT PRICE

3.1. The agreement price is the equivalent in FOREIGN CURRENCY/TL, including VAT, as stated in the tour brochure.

ARTICLE 4 - PAYMENTS

4.1. An application made by the tour participant becomes final when the advance payment specified in the detailed trip program is paid on time by the agency to the bank designated by the agency or, in the notified manner, in cash or by credit card directly to the agency, and this agreement is signed, approved and/or accepted by the participant in writing or electronically, and all its terms enter into force.

4.2. The participant who makes a reservation on behalf of a group is obliged to inform the other participants and group members in the same group in detail of the detailed trip program attached hereto, which is an integral part of this agreement, and the terms of this agreement, and to declare that this agreement and its appendices are valid for each participant. The parties have accepted and undertaken that the agreement shall become valid upon fulfillment of this obligation. A participant who has not signed the agreement but participates in the trip subject to the agreement shall be deemed to have accepted and undertaken the provisions of the agreement when the participant whom they authorized to register in their name signs this agreement. The participants participating in this trip, even if they have not signed the agreement, have learned these agreement terms, which will be valid between the parties, through the Tatilciniz Trip Program (Brochure), the Tatilciniz website and advertisements, and have accepted to participate in the trip under these agreement terms. For this reason, participants have no right to cancel or postpone the tour.

4.3. At the time of registration, at least 50% of the reservation price must be paid, and the remaining balance must be paid no later than 30 days before the start of the trip. If the specified payments are not made within the aforementioned periods, the reservation will be canceled and 35% of the price will be invoiced to the consumer as a withdrawal compensation.

4.4. The consumer purchasing a discounted service is obliged to pay the entire service price on the reservation date.

 4.5. For special products and services such as private tours and similar services, the balance must be paid no later than 30 days before the commencement of the service. The withdrawal compensation is the same as in Article 4/4.1.

4.6. In the event of cancellation, refund or changes to the flight ticket included in the tour price within the scope of special products such as private tours and similar products, airline rules shall apply; in the event of cancellation, refund or changes to hotel and extra tour reservations, hotel rules shall apply. 4.7. The Agency has clearly stated, without leaving room for doubt, which matters are included and excluded in the prices it offers for trips launched for sale with detailed programs for weekend trips with accommodation and domestic and international trips, as well as the payment terms. Outside the detailed trip program, all kinds of additional services requested by the participant (such as room and seat selection on the aircraft, class selection in transportation vehicles, etc.) shall be forwarded to the relevant institution to be fulfilled provided that the fees are paid. However, no guarantee is given that the request will be fulfilled. The participant has no right to postpone or cancel the trip or request compensation due to additional services that cannot be fulfilled.

 4.8. Visa fees for countries requiring visas are strictly excluded from the price, and visa fees are additionally charged. The participant accepts and undertakes in advance that they will not request a refund of any fee because the visa cannot be obtained for reasons attributable or not attributable to the participant. Since the Agency will separately handle initiating and concluding all applications related to the visa, it reserves the right to request a service fee in this regard.

 4.9. Since transportation, airport taxes, ticketing service fees, international departure fees and visa fees are calculated separately in the detailed trip program, the participant accepts that they will additionally pay these amounts unconditionally if the relevant institutions change them or request an additional fee close to the start date of the tour. Since such price differences, which may be outside the Agency's discretion, must be paid immediately by the participant, the participant accepts that the Agency has the right to add these price differences and increases to the tour price.

4.10. The prices provided in tour programs are per-person prices in double rooms. Except for the special conditions specified in the detailed trip program attached to this agreement, the participant accepts and undertakes that if a participant who wishes to stay in a double room but makes a reservation as one person does not have a roommate found 21 days before the trip, they must pay the single-person difference.

4.11. A participant who joins the trip to stay in a single room and makes an advance payment accepts and undertakes in advance that, if they wish to cancel the trip and are entitled to a refund, and the second person staying in the room does not pay the single-room difference, the participant canceling the single room will pay the single-room difference, which will be deducted from the amount they can receive as a refund.

ARTICLE 5 – CANCELLATION, REFUND AND TRANSFER 5.1. Where deemed necessary, the Agency may cancel any trip without obtaining the participant's approval, provided that it notifies the participant, 21 days or more before the trip start date for weekend trips with accommodation and domestic trips, or 30 days or more before the trip start date for international trips. In such cancellations, the amount paid by the participant shall be refunded in full. However, the participant accepts and undertakes that they have no right to claim any material or moral compensation from the Agency due to this cancellation and waives such compensation claims. Despite exercising all necessary care, the Agency may cancel or postpone the trip due to failure to obtain the required number of confirmed registrations and/or adverse weather conditions, road blockages, strikes, terrorism, civil unrest, possible war, unforeseeable technical issues and all force majeure events that prevent the trip from commencing or continuing. In this case, the consumer has no right to compensation.

5.2. If the consumer requests cancellation 30 days before the realization of the tour as specified in the package tour agreements regulation, the entire amount paid shall be refunded to them. (Except for discounted, private and similar special products and reservations made during the early reservation period.) When the participant or the Agency cancels the trip in accordance with the cancellation period, the amount to be refunded shall be in the currency paid to the Agency. The Agency cannot be held responsible for exchange-rate differences that may arise over time. For payments made by credit card, the refund shall be made to the same credit card. If payments are made by the participant by credit card, the credit card commission charged by the banks shall be deducted before the refund is made.

 5.3. The consumer accepts and undertakes that if they cancel the agreement from 30 days to 15 days before the commencement of the group trip, they will pay 50% of the trip price to the Agency, and if they cancel the agreement less than 15 days before the commencement, they will pay the entire price to the Agency. Date changes made by the consumer shall be deemed cancellations.

5.4. For special products such as private tours and similar products and for airline tickets, the consumer accepts and undertakes that if they cancel the agreement from 30 days to 15 days before the commencement of the service, they will pay 50% of the trip price to the Agency, and if they cancel the agreement less than 15 days before commencement, they will pay the entire price to the Agency. Date changes made by the consumer shall be deemed cancellations. If payment is not made, the Agency has the right to cancel all reservations and services made on behalf of the consumer 24 hours later.

5.5. The consumer may transfer the tour to a person of their choice up to exactly 30 days before the commencement of the service. The transferee shall be jointly and severally liable with the transferor for the balance and all expenses arising from the transfer. The consumer is obliged to submit all cancellation/transfer requests to the Agency in writing before the commencement of the service. Hotel and airline company rules shall apply to transfers of private tours and similar products and airline tickets.

5.6. Where deemed necessary, the Agency may partially or completely cancel the tours it has announced or registered before the commencement of the service, provided that it notifies the Consumer. It shall refund the amount paid. During the same period or during the service, the Agency may change the names of the hotels within the scope of the service, the transportation vehicles and their departure points, and the order of visits to 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, they have the right to cancel their reservation and receive a refund of the unused service fees.

5.7. If package prices are created by obtaining special prices from hotels or other tourism service providers under special conditions, such as ''none-refundable / non-refundable’’, the guest shall be duly informed and the conditions applicable at the time of reservation shall apply in case of cancellation.

ARTICLE 6 – OTHER MISCELLANEOUS MATTERS6.1. The participant is responsible for any damage, loss or harm caused by the participant at accommodation facilities or in vehicles and places providing services. 6.2. The participant is responsible for any damage and loss arising if they cannot commence the tour, even against their wishes, for reasons such as an international travel ban imposed for any reason, including a travel ban imposed due to tax debt or similar reasons. The participant accepts and undertakes that they have no right to compensation from the Agency in such circumstances. 6.3. The participant is responsible for all excess baggage fees beyond the announced number and weight of baggage. The participant is solely and fully responsible for all damage and loss arising from failure to pay the excess baggage fee to the relevant airline company.

6.4. The Agency is not responsible in cases such as baggage damage or baggage loss, but will do its best to resolve the issue. The participant shall directly contact the relevant accommodation, transportation or insurance company.

6.5. All responsibility concerning the baggage and its contents belongs to the participant. The Agency cannot be held responsible for the loss or damage of cameras, mobile phones, computers, valuable documents, jewelry or money left inside baggage or handbags.

6.6. The Agency reserves the right to unilaterally change the tour guide, airline company, hotels and facilities where accommodation will be provided, where necessary, provided that it informs the participant.

6.7. It is the duty of a good-faith consumer for the participant to notify the Agency representative in writing during the performance of the service of the matters about which they are dissatisfied. If the participant continues to use the service until the end despite being dissatisfied, they lose their compensation rights, such as requesting substitute service or a refund, regarding the matters of which they complained. Complaints stated in any survey or feedback form that may be distributed or provided by the Agency after the end of the trip shall not be evaluated under this article and shall not give the participant any right to make a claim.

6.8. The participant may not request a discount and/or refund from the Agency on the grounds of whether there is a price difference between them and other participants. For this reason, they may not request cancellation.

6.9. Both during the tour and during the trip, the right and discretion to select the most suitable vehicle for the safety and well-being of the tour and trip belong entirely to the Agency, and the participant may not request an extra or additional vehicle or means of transport. The participant accepts and undertakes in advance that they will not object to traveling in the most suitable vehicle provided by the Agency.

6.10. The participant accepts and undertakes that if they miss the meeting with the tour leader or guide at the meeting point and time specified in the program at the beginning of the trip, and therefore cannot participate in the trip, miss the plane or miss the bus, the tour fee will not be refunded and they may not request a change to another trip.

6.11. The participant accepts and undertakes that the Agency shall have no responsibility if, due to possible problems at border gates, airports or customs areas, the border cannot be crossed or entry into the relevant country cannot be made.

6.12. If the participant leaves the accommodation facility before the time of breakfast and/or lunch-dinner, they may not request the price or refund of these meals. If more time is spent due to unforeseeable reasons during the trip and tour and an immediate change is made to the program, the Agency shall not be responsible for this change arising outside its discretion, and the participant may not request material or moral compensation from the Agency in this regard; the participant has no right to make any claim in this regard.

6.13. By signing the agreement, the participant accepts that they will receive phone calls, SMS messages, and news and informational emails regarding the tours from the Agency.

6.14. The Agency undertakes to comply with its legal responsibilities announced on its own website concerning the processing and storage of personal data.

6.15. The guide fee is included in the tour price for tours where a guide is indicated.

6.16. The persons, accommodation and tour details within the scope of the Tour Duration, Meal and Beverage Times, Transportation Vehicle Type and Stopover Locations are as specified in the Tatilciniz Trip Program (Brochure).

ARTICLE 7 – FORCE MAJEURE 7.1. The Agency cannot be held responsible for any damage or loss arising from the consequences of any adverse situation, including but not limited to natural disasters (earthquake, flood, fire, landslide, etc.), extraordinary circumstances (martial law, curfew, terrorism, hotel or airport raid, hijacking of an aircraft, war, civil unrest, riot, rebellion and similar movements), public movements (strikes, rallies, marches, etc.), interstate tensions, diplomatic restrictions, health problems (epidemics, quarantine), adverse weather conditions (snowfall, blizzard, fog, storm, etc.), changes in customs regimes, general restrictions in the transportation sector, and special restrictions such as the bankruptcy or liquidation of any transportation company on airways, railways, waterways or highways, or any negative circumstance directly or indirectly arising from any reason in which the Agency has no fault or which could not have been foreseen. In short, if there is no fault attributable to the Agency, it is not obliged to pay any amount. In this case, the Agency cannot be held responsible for failure to perform or incomplete performance of its obligations or for disruptions in performance. The participant accepts and undertakes that they will not make any material or moral claim against the Agency in these circumstances and waives such claims. After the expenses incurred by the Agency up to the cancellation of the tour are deducted from the tour price, the remaining amount shall be refunded to the participant.

7.2. The Agency has the right to unilaterally terminate the agreement and all attached programs and cancel the trip for any of the reasons stated above.

7.3. Contrary to the agreements made between the Agency and transportation vehicles (buses, minibuses, midibuses, off-road vehicles, rental vehicles, trains, ferries, ships, aircraft, helicopters, balloons), the Agency cannot be held responsible for the consequences of any adverse event arising from delays, breakdowns, accidents or the personal faults of the drivers of these vehicles. In this regard, no material or moral liability may be imposed on the Agency. The Agency cannot be held responsible under any circumstances for damages and losses arising from possible cancellations, delays, delays caused by technical failures or delays in flights, trains and ferries.

7.4. The Agency reserves the right to change the route of the trip and tour, as well as to make changes to the tour, due to natural, social, cultural, road and weather conditions.

7.5. The Agency reserves the right to use or not use other force majeure events not written in this agreement and granted to it under applicable legislation.

7.6. The parties have accepted that the Agency has the right to change the airline, transfer points, accommodation facilities or departure times by notifying the participant in advance and provided that the same standards are maintained, and that the participant has no right to request cancellation and/or a refund in such cases.

7.7. If sufficient participation cannot be achieved, the Agency may cancel the tour or, by informing the passenger and obtaining their approval, transfer them to another tour program of equivalent quality or to a cooperating agency.

ARTICLE 8 – DISPUTE RESOLUTION AND COMPETENT COURT8.1. Istanbul Consumer Courts shall have jurisdiction over the resolution of disputes arising from the implementation of this agreement. This agreement consists of 8 articles and has been signed by the parties of their own free will. TATİLCİNİZ Turizm Ticaret Limited Şirketi          Tour Participant Named in the Application Form