- الصفحة الرئيسية
- Distance Sales Contract
Distance Sales Contract
1- PARTIES OF THE CONTRACT
TESA GRUP TURİZM LTD.ŞTİ. (hereinafter referred to as the AGENCY) and the person receiving the service (referred to as the CONSUMER) has signed a service contract by approving this contract.
2- SUBJECT OF THE AGREEMENT
The subject of this contract covers the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 4077 – Regulation on the Application Procedures and Principles of Distance Agreements regarding the sale and performance of the hotel reservation service that the Agency sells to the Consumer.
3- GENERAL PROVISIONS
The name, title, full address, telephone and other access information of the Consumer, the Agent, the basic characteristics of the service subject to sale, the sales price including taxes, payment method, etc. All preliminary information about the service subject to sale and the use of the right of withdrawal and how to use this right, official authorities etc. where they can submit their complaints and objections. It accepts and declares in accordance with the provisions of this contract that it has been informed clearly, understandably and in accordance with the internet environment by the Agency, confirmed this preliminary information electronically and / or by phone or e-mail, and then approved the reservation and the contract.
The consumer accepts the information document about the reservation made through the online system and the e-mail and sms notifications to be made by the Agency for later.
Consumers who do not have a signature in the contract but participate in the service are deemed to have accepted and committed the terms of the contract with the approval of this contract by the Consumer authorized on their behalf. The Agency reserves the right to recourse to other Consumers.
In the event that the contractual service is used by a person other than the Consumer, the Agency is not responsible for the person in question not accepting the performance.
In the event that the bank or financial institution does not pay the service fee to the Agency due to the unfair or illegal use of the credit card belonging to the Consumer after the performance of the service, the Consumer is obliged to compensate the damages arising.
4- MUTUAL RIGHTS AND OBLIGATIONS
The agency is obliged to fulfill its action within the time it has committed and is obliged to notify the Consumer of possible cancellation notifications as soon as possible.
If the consumer does not accept the bet because the service purchased is defective, it is obliged to immediately notify the Agency and the accommodation facility in writing. Otherwise, the consumer is deemed to have accepted the performance and used the service. In case the accommodation facility is not available with the specified qualifications or is not in a position to provide service, the responsibility belongs to the accommodation facility and the Agency does not have any responsibility. In this case, the Agency has the right to accommodate the consumer in the same standard or in a higher category facility. In the event that the consumer does not accept such a change, he / she has the right to take back the price paid for the reservation and cannot demand any compensation from the Agency.
In the event that force majeure prevents the realization of the contract, the actual party will notify the other party immediately and in writing. In the event of force majeure, if the Consumer requests cancellation, the Agency is obliged to return to the Consumer the price that can be obtained from the person or organization that the agency has purchased or intermediated. The agency cannot be held responsible for the refund of the amount that it cannot receive. In cases under the responsibility of the agency, it may compensate the changes against the Consumer in the form of a price or service refund to the Consumer in accordance with the provisions of the TÜRSAB Schedule, or compensate the Consumer with additional or alternative services provided during the service. The purchase and use of additional or replacement services eliminates the consumer’s right to reimbursement and compensation. With the bet that the service is defective, in case of early departure, including force majeure, the Consumer has to inform the Agency official and the hotel the reasons for the accommodation in writing during the performance of the service, and the refund is at the initiative of the cooperating hotel / provider. The consumer cannot object to the Agency in this regard. The criminal action to be applied is invoiced to the Consumer.
The consumer must first notify the hotel of all their dissatisfaction with the hotel, and then show the hotel as the opposite party in case of lawsuits and complaints. No material or moral compensation can be requested from the agency in this regard.
In addition to the price increases for the early reservation period and / or all periods (except for system-related inaccuracies), the difference is not requested from the customer and there is no refund for the discounts called action by the facility.
All responsibility for the baggage and its contents belongs to the owner and the Agency is not liable for loss, theft or damage. The consumer is obliged to comply with the laws and practices to which the vehicle to be traveled and the facility to be accommodated. The scope of coverage for incomplete or defective performance, damages and losses of Consumers who purchase travel insurance service is determined by the policy of the insurance company that provides this service. The agency does not bear any responsibility for the content, scope or application of these guarantees.
5- CANCELLATION, CANCELLATION AND CHANGES
The agency may cancel the contract in cases caused by force majeure or service providers, hotels to be accommodated or third parties that prevent the start or continuation of the service, although it has taken all necessary care. This situation must be reported to the Consumer as soon as possible. In this case, the Consumer has no right to compensation. The cost of services not used by the Agency will be refunded to the consumer.
In the event that the Consumer does not notify in writing that he missed the beginning of the service purchased and that he will accept the performance later within 24 hours, the Agency has the right to cancel all reservations made on behalf of the Consumer 24 hours later. No refund will be made to the Consumer in such cancellations.
The agency, if deemed necessary, may cancel the services it has announced or registered, up to 7 days prior to its commencement, partially or completely. If the consumer does not accept these changes and cancellations, he / she has the right to cancel the reservation and get the full refund within 10 days.
If the consumer cancels the contract 7 days before the start of the service, he agrees and undertakes to pay 35% of the service fee to the Agency as a cancellation compensation for less than 7 days. Date changes made by the consumer are subject to cancellation and the prices of the service on the date of change are valid. In the event that the consumer is not able to continue with the service purchased, he / she informs the Agency in writing at least 7 days before the departure date and makes the reservation, tour, hotel, etc. It can be transferred to a third party by fulfilling all applicable conditions. In this case, hotel, tour etc. transfers and transfers are jointly liable to the Agency for the payment of the service fee and all additional costs arising from the said transfer.
The reservation can be canceled uninterruptedly if the consumer or his first-degree relatives document the discomfort and deaths of the 10-day usual occupation with an official report from the fully-fledged state hospital. In cases that cannot be documented with a report or documented incompletely, the consumer cannot make any request.
The consumer agrees and undertakes to pay 50-TL / per person processing fee for each transaction for all changes to be made.
6- RIGHT TO WITHDRAWAL
The customer has the right to withdraw within 7 (seven) days from the effective date of this contract for the performance of the contractual service to him or to the person he has shown. In order to use the right of withdrawal, it is obligatory to notify the Agency in writing via fax or e-mail within this period. If this right is exercised, it is obligatory to deliver the invoice of the service offered to the Consumer or the third party and the originals of the tour registration forms to the Agency. The service fee is refunded to the Consumer within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.
The right of withdrawal cannot be exercised for services purchased with campaign services and early booking opportunities.
The information provided by the consumer to the Agency for the purpose of making payment with the information specified in this contract will not be shared with third parties except in the presence of administrative / legal obligations by the Agency.
Credit card information is used only for obtaining authorization by securely transmitting it to the relevant banks during the collection process and is never stored. All information regarding the credit card is deleted from the system after the provision.
8- OTHER PROVISIONS
Law No. 1618 on matters not specified in this Agreement, 4077 TKHK, IATA, IH, UFTAA Convention’s provisions, UK., TCC, Turkey ‘international conventions to which the included and Regulations issued in relation to these Regulations, the Circular and Notices TÜRSAB Kutahya charts provisions will be applied.
Istanbul Anatolian Courts and Executive Directorates are authorized to resolve disputes arising from the implementation of this contract.
Even if the consumers have not signed this hotel reservation agreement by mail order, virtual pos, money order or EFT for any reason, they have learned the terms of this agreement, which will be valid between the parties, through the catalog, website or advertisements, and to receive this hotel reservation agreement in the written terms of this agreement. have accepted and committed.