Terms

GENERAL PRINCIPLES CONTAINING MANDATORY ELEMENTS TO BE INCLUDED IN PACKAGE TOUR AGREEMENT

In accordance with the provisions of the Law on Consumer Protection No. 6502 and the Package Tour Contracts Regulation dated January 14, 2015, prior information has been provided to the consumer, a brochure has been given before the contract is established, and this contract has been prepared under the following conditions.

• COMPANY NAME: D HOLIDAY TOURISM AND TRAVEL MANAGEMENT LTD. CO.
• CONTACT INFORMATION: +9002128131620 / info@dholiday.com.tr

The provisions of this agreement are valid for consumers acting for non-commercial and professional purposes as defined by the Law on Consumer Protection No. 6502 and the regulations of the Package Tour Contracts Regulation, who purchase or commit to purchasing a package tour or to whom a package tour contract is transferred, and for participants indicated herein.

In this agreement, the consumer acts on behalf of and represents the participants specified in clause 1.2 and is responsible for informing them based on the pre-information provided to them within the scope of the relevant legislation and the contents of the brochure. The consumer is responsible for any consequences arising from the failure to fulfill the information obligation. In this regard, the brochure provided to the consumer is considered to have been given to the participant.

1.3. The consumer is responsible for providing accurate information regarding themselves and the individuals specified in 1.2 for inclusion in the contract. The agency is not responsible for any consequences that may arise from incorrect identification and contact information (e.g., airline penalties, etc.).

1.4. The consumer agrees, declares, and commits that they will be contacted through the contact information specified in clause 1.2 for themselves and the participants.

2. SUBJECT

The subject of this contract is to determine the rights and obligations of the parties concerning the sale and performance of the service specified in the brochure and priced, regarding the Consumer Protection Law No. 6502 and the provisions of the Package Tour Contracts Regulation.

3. PACKAGE TOUR CHARACTERISTICS AND DURATION

3.1. DURATION

The package tour departs on Istanbul Airport and returns on Istanbul Aırport for a total of nights and days.

3.2. CHARACTERISTICS

AGE AND HEALTH REQUIREMENTS: Information must be provided based on the climate and geographical conditions of the destination at the time of travel, such as allergies, asthma, pregnancy, and elderly travelers. INFORMATION ABOUT TOURIST GUIDING SERVICES: Detailed information will be provided about where and how tourist guiding services will be provided based on the characteristics of the package tour (museum and archaeological site city tours, etc.).

3.3. The information specified in this article and included in the brochure can only be changed after the contract is established with the express agreement of both parties.

4. CONTRACT PRICE

4.1. The contract price, including taxes and all services included in the brochure provided to the consumer, is EURO Tours and other services not included in this price are subject to additional charges.

4.2. Any changes in fees and similar payments will be passed on to the consumer.

4.3. Price changes are only possible if the consumer is notified in writing or via a durable medium at least 20 days prior to the anticipated departure date, and shall not exceed 5% of the contract price, under the following circumstances: 4.3.1. If the price change is due to extraordinary fluctuations in foreign exchange rates. 4.3.2. If the price change is due to extraordinary changes in fuel costs. 4.3.3. If the price change is due to changes in taxes, duties, fees, and other legal obligations collected at places such as ports and airports.

5. PAYMENT PLAN AND METHOD

• Cash Bank Trasfer

6. GENERAL PROVISIONS

7.1. The ORGANIZER or INTERMEDIARY shall obtain mandatory package tour insurance covering the guarantees for consumers who have purchased package tours, including insolvency, in accordance with the Travel Agencies Law No. 1618.

7.2. The ORGANIZER or INTERMEDIARY shall immediately notify the CONSUMER of any substantial changes to the contract and its effects on the price. Substantial changes to the contract include: a) Significant changes made to the contract content for reasons not attributable to the consumer before the start of the package tour b) Other price changes, except for those specified in clause 4.3 of this contract.

7.3. The minimum number of participants required for organizing the tours is specified in the brochure provided to the consumer. If the number of participants does not reach 6 the package tour may be partially or completely canceled, and the consumer will be notified at least twenty days prior to the departure date. In this case, the CONSUMER has no right to compensation. However, the travel agency commits to refunding all payments received from the consumer and all documents that obligate the consumer within 14 days.

7.4. If applicable, the contact number of the travel agency at BARIS N. AKDENIZ ST. NO:8-1/93 BEYLIKDUZU ISTANBUL Address, and http://www.walksturkey.com internet address of the representative (hereinafter referred to as the REPRESENTATIVE)

7.5. The ORGANIZER or INTERMEDIARY is also obliged to provide information enabling direct communication with the responsible person where the consumer is a minor.

7.6. The ORGANIZER or INTERMEDIARY advises the consumer to insure themselves against the costs of returning to the departure point and any damages and medical expenses arising from accidents in case of accidents or illnesses before the start of the package tour.

7.7. If optional insurance covering the situations mentioned in 7.6 has been contracted in case of cancellation of the package tour, information regarding this must be provided.

7.8. The consumer must immediately notify the ORGANIZER or INTERMEDIARY in writing of any deficiencies arising during the performance of the contract to the independent service provider. If this deficiency is not remedied, the CONSUMER has the right to demand a discount from the contract price proportional to the deficiency.

8. FORCE MAJEURE EVENTS

8.1. Force majeure events as defined by laws are extraordinary and unpredictable occurrences that prevent the start, continuation, or conclusion of the package tour, despite all necessary care and precautions being taken, and events over which the agency has no influence, are considered force majeure for the ORGANIZER/INTERMEDIARY. These events include:

a) Natural disasters or epidemics such as earthquakes, fires, volcanic eruptions, floods, storms, hurricanes, fog, avalanches, lightning, and similar events, as well as nuclear or chemical disasters or spills, and similar situations and events deemed extraordinary.

b) Extraordinary circumstances that prevent international air, land, and sea transportation at border gates in Turkey, neighboring countries, or the country/city included in the package tour, including wars or mobilizations, civil unrest, attacks or terrorist actions, sabotage, uprisings, occupations, civil wars, revolutions, expropriation, military coups, forced seizure of power, civil disturbances, industrial disputes, government sanctions, embargoes, strikes, lockouts, port closures or congestion, and any other extraordinary circumstances that could detain workers.

c) Other force majeure events determined by the parties based on the type of package tour.

8.2. In cases where force majeure is present, the ORGANIZER/INTERMEDIARY cannot be held responsible for damages resulting from non-fulfillment or improper fulfillment of the contract. The ORGANIZER or INTERMEDIARY, along with their representatives in that location, is obliged to provide swift assistance to the consumer in case of hardship.

9. ASSIGNMENT OF THE CONTRACT

9.1. If the consumer cannot continue with the package tour, they may transfer the contract to a third party who meets all conditions applicable to the package tour, by notifying the ORGANIZER or INTERMEDIARY in writing or via a permanent data carrier at least seven days before the start of the tour.

9.2. The transferring and receiving parties are jointly responsible to the ORGANIZER or INTERMEDIARY for paying the remaining balance and any additional costs arising from the transfer, provided these costs are reasonable and do not exceed the actual cost incurred by the ORGANIZER or INTERMEDIARY.

10. TERMINATION OF THE CONTRACT, CANCELLATION CONDITIONS AND CONSEQUENCES

10.1. If a fundamental term of the contract changes before the start of the package tour, the consumer may accept this change or, by notifying the ORGANIZER or INTERMEDIARY in writing or via a permanent data carrier, exercise one of the following optional rights:

a) Participate in another tour of equal or higher value without paying an additional fee offered by the ORGANIZER or INTERMEDIARY.

b) Participate in a tour of lower value on the condition that the price difference is refunded to them.

c) Withdraw from the contract without any payment.

10.2. In the case of withdrawal from the contract, the ORGANIZER or INTERMEDIARY is obliged to refund all amounts paid by the CONSUMER within 14 days without any deductions from the date they receive the withdrawal notification.

10.3. If the package tour is canceled by the ORGANIZER or INTERMEDIARY before the start due to a reason not caused by the consumer, the CONSUMER may exercise the optional rights specified in Article 10.1.

10.4. If it is determined that the ORGANIZER or INTERMEDIARY has failed to fulfill an important obligation after the package tour has started, they will offer equivalent alternative arrangements to the CONSUMER without imposing additional costs. The ORGANIZER or INTERMEDIARY is obligated to compensate for the difference between the services offered and those provided. The CONSUMER may withdraw from the contract if they do not accept the alternative arrangements. In this case, the ORGANIZER or INTERMEDIARY loses the right to demand payment, and any payments made will be refunded to the participant within 14 days from the date of withdrawal. However, the ORGANIZER or INTERMEDIARY may request a proportional compensation for the services rendered until that time. Additionally, they are required to provide free transportation to the place where the CONSUMER started the package tour or any other agreed location and cover the costs incurred for necessary accommodations.

10.5. The CONSUMER has the right to unilaterally terminate the contract by notifying the ORGANIZER or INTERMEDIARY in writing or via a permanent data carrier. If this termination is communicated at least 30 days before the start of the package tour, the amount paid will be refunded to the CONSUMER without any deductions, except for mandatory taxes, fees, and similar legal obligations. However, if this termination is notified less than 30 days before the start of the package tour Tour registration is finalised upon payment. For cancellations made 5 days
before the tour date, except for force majeure, 50% of the tour price is
refunded. In cases where there is less than 3 days to the tour date, no refund is made and
the payment that has lost its validity does not entitle the participant to any
other tour.

10.6. For the CONSUMER or their first-degree relatives, force majeure events as defined by law, severe accidents, serious illnesses requiring treatment, or death that prevent the fulfillment of any provision of the cruise package tour contract are considered force majeure for the CONSUMER. The CONSUMER must prove the existence of force majeure with valid documents obtained from official institutions. If the CONSUMER provides written or permanent data carrier termination notice within less than 30 days before the start of the package tour due to unforeseen circumstances that could not be prevented despite all necessary care, any amounts paid will be refunded to the CONSUMER within 14 days from the date the termination notice reaches the ORGANIZER or INTERMEDIARY, excluding mandatory taxes, fees, and similar legal obligations, as well as amounts paid to third parties that can be documented and are non-refundable.

11. DISCLAIMER OF LIABILITY

11.1. The ORGANIZER or INTERMEDIARY cannot be held liable for damages arising from the non-fulfillment or improper fulfillment of the contract if the non-fulfillment is caused by the following situations:

a) The CONSUMER’s fault.

b) An unexpected and unavoidable act by a third party not involved in the performance of the contract.

c) The occurrence of one of the force majeure events defined in Article 8.

ç) The occurrence of an event that the ORGANIZER, INTERMEDIARY, or independent service provider could not foresee or prevent despite exercising all necessary care.

d) The cancellation of the package tour due to the failure to achieve the minimum participation required for its organization, provided that this cancellation has been communicated in writing or via a permanent data carrier to the CONSUMER at least twenty days before the start of the package tour as stipulated in the contract.

11.2. In the cases specified in subparagraphs (b), (c), and (ç) of Article 11.1, the ORGANIZER or INTERMEDIARY, along with their representatives in that location, is obligated to provide swift assistance to the CONSUMER in case of hardship.

12. This contract has been prepared in two copies and signed by the authorized representatives of the parties, along with all its annexes, after being read, checked, and accepted. The parties have mutually accepted and confirmed their commitments and acquisitions by signing this contract together. The party representing those participating in the trip whose names are written in this contract acknowledges that they bear full legal responsibility towards them.

13. In cases where the AGENCY partially or fully fails to comply with the contract, the compensation payable will be calculated based on the provisions of the TÜRSAB Kütahya Table.