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Return Conditions

Service Contract

PAYMENTS AND FINAL REGISTRATION

1) Final registration for our tours is made upon payment of the tour fee and signing of the package tour contract.

2)

a- At the time of registration, at least 35% of the reservation amount must be paid, with the balance paid no later than 15 days before the start of the tour. If the specified payments are not made within these periods, the reservation will be cancelled and 35% of the amount will be charged to the consumer as a cancellation fee.

b- In installment sales, the reservation holder accepts and undertakes to pay their debt according to the deadlines specified in this contract. If the debtor fails to pay one or more installments; if the agency has fulfilled its obligations, and the reservation holder fails to pay two consecutive installments, or if the total amount of unpaid installments equals one-tenth of the sales price, the agency shall grant the reservation holder an additional week to request payment of the unpaid installments. If the reservation holder still fails to pay their debt, the entire debt becomes due immediately. In this case, the agency may demand full payment of the debt. If the reservation holder falls into default as specified above, the agency shall apply a penalty of 5% of the total tour fee and late interest of 75% per annum on the unpaid tour fee (in case of card payments, the rights held by the institution in the contract between the cardholder and the institution remain valid). Additionally, in mail order transactions, the agency may unilaterally defer the installment schedule and number without changing them. The reservation holder cannot claim compensation for this.

c- A consumer purchasing discounted services is obliged to pay the full service fee on the reservation date.

d- For special products and services, the balance must be paid no later than 60 days before the start of the service. The cancellation fee is the same as in clause 2/a.

II- CANCELLATION-REFUND-TRANSFER-MODIFICATIONS

1) Despite having exercised all necessary care, the agency cannot be held liable for cancellations, delays caused by insufficient final registrations (not reaching the required number of passengers), adverse weather conditions, road blocks, strikes, terrorism, fog, war risks, unforeseeable technical issues, and cancellations by carrier companies that hinder the start or continuation of the tour. Accordingly, the agency may make any changes to the program, fees, and transportation vehicles in the program, and may cancel or postpone the tour. In such cases, the consumer has no right to compensation.

2)

a- If the consumer requests cancellation up to 15 days before the start of the service, the full amount paid will be refunded to them.

b- If the consumer cancels the contract 15-7 days before the start of the service, they accept and undertake to pay 35% of the tour fee to the agency; if cancelled less than 7 days before, they accept and undertake to pay the full amount. Date changes made by the consumer are considered cancellations.

c- In case of cancellation/transfer of discounted services, the consumer accepts and undertakes to pay 35% of the service fee to the agency if cancelled up to exactly 7 days before the start of the service, and the full amount if cancelled after 7 days.

d- For special products, if cancellations are made up to 60 days before the start of the service, the consumer receives a full refund of all amounts paid up to that point. If the consumer cancels the contract 59-31 days before the start of the tour, they accept and undertake to pay 25% of the tour fee; if cancelling 30-15 days before, 50% of the tour fee; if cancelling 14-07 days before, 75% of the tour fee; and if cancelling less than 7 days before, the full amount to the agency.

e- Provided that the participant who purchased the Travel Guarantee Insurance Policy has made a payment to the travel agency, in cases written in the policy (death, serious and significant accidents and illnesses, etc.), if they cancel their trip by presenting an official medical report from a fully equipped state hospital obtained before the tour start date and before the departure of the transportation vehicle used, the amount paid will be covered by the insurance company within the limits of the policy and according to the policy terms. The travel agency bears no responsibility towards the participant.

3) In our tours, in case of injury, death, or loss occurring in any land, air, or sea transport vehicles used for transportation, the insurance policies of the carrier companies shall apply.

4) The consumer may transfer the tour to any person they wish up to exactly 7 days before the start of the service. The transferee is jointly responsible with the transferor for the outstanding balance and all expenses arising from the transfer. The consumer is obliged to submit all cancellation/transfer requests in writing to the agency before the start of the service.

5) If the consumer does not notify in writing that they will participate in the service whose start they have missed; the agency has the right to cancel all reservations and services made on behalf of the consumer after 24 hours. In such cancellations, no fee refund is made to the consumer.

6) The agency may partially or completely cancel tours it has advertised or registered for, subject to notifying the consumer, one day before the start of the service. Within the same period or during the service, the agency may change hotel names included in the service scope, transportation vehicles and their departure points, and the order of visits to places shown as destinations in the program. If the consumer does not accept these modifications and cancellations for valid reasons, they have the right to cancel their reservation and receive a refund for unused service fees.

7) If the conditions for refund are met, refunds can only be made after the invoice is issued upon return of the original invoice to the agency. Cash payments are refunded in cash, and credit card refunds are processed by the bank where the charge was made, upon instruction given to the bank for credit card return. After the agency sends the refund instruction to the bank, our agency is not responsible for any delays or postponements arising from refunds. In this case, the consumer(s) have no right to compensation.

8) Unused rights such as transportation, accommodation, side trips, etc., used within the tour are not refundable.

III- GENERAL PROVISIONS

1) All responsibility regarding luggage and its contents lies with the owner. The consumer is obliged to comply with the laws and customs applicable to the vehicle they will travel in and the facility they will stay at.

2) In cases of baggage loss or damage caused by gross negligence of the provider; if the consumer has the provider issue a LOSS OR DAMAGE REPORT, regardless of the material and moral value and other characteristics of the items inside the baggage, half (1/2) of the portion of the total tour fee attributable to transportation will be paid by the agency to the item-owning consumer as material and moral compensation for the lost goods and suitcase. The agency is liable for any loss, damage, or theft of declared items delivered with their values in writing, up to the maximum amount of the tour's transportation fee.

3) The agency is liable for causes other than force majeure occurring after the start of the promised service, situations for which the consumer is responsible, and cases arising from the personal liability of third parties. In cases within the agency's liability, the consumer may be compensated either through a refund of fees or services according to the provisions of the TÜRSAB Kütahya Schedule, or the agency may also resort to compensation via additional and/or alternative arrangements provided to the consumer during the service that are not included in the price. The fact that additional or substitute services have been received or consumed by the consumer eliminates the consumer's right to a fee refund and compensation.

4) The consumer agrees to comply with the rules communicated by the guide, facility, agency, and transportation vehicle authorities regarding the purchased service; to respect the life, property, and peace of third parties; otherwise, they may not receive the service for valid reasons.

5) If the consumer terminates the reservation claiming the performed service was defective, they must inform the agency authority and the hotel they stayed at in writing about the reasons for termination. Otherwise, they will be considered to have received and used the service.

6) It is the duty of the good-faith consumer to cooperate and act diligently by reporting the matters they complain about to the agency in writing during and after the performance of the service.

7) Consumer(s) who did not sign the contract but participated in the service subject to the contract are deemed to have accepted and undertaken the terms of the contract by reading and signing it through the consumer(s) they appointed to register in their name. The agency reserves the right of recourse against other consumers to collect any excess amount or service fee paid to the consumer(s) who signed the contract. Consumers participating in this tour, even if they did not sign, are deemed to have learned the terms of this contract which will be valid between the parties due to catalogs and advertisements, and have agreed to participate in the tour under these contract terms.

8) The reservation holder has been given the agency catalog containing the tour information for which the reservation was made when the contract was concluded, and detailed information regarding the facility they will stay at is also provided in the contract annex. Additionally, detailed information regarding the tour was provided when the contract was concluded. The reservation holder declares that they possess detailed information regarding the tour for which they made the reservation and that the catalog was given to them.

9) Pets are not accepted on our tours.

10) Room blocking is done by the facility, and the agency cannot intervene directly.

11) Hotel star ratings are BERLIKA Tourism evaluations, not Tourism Ministry evaluations. The hotel service concept and features are as advertised by the hotel (web page, brochure, catalog, etc.). Participants and the reservation holder cannot claim compensation from the agency claiming the performed service was defective. They acknowledge that this defect does not originate from the agency.

12) For domestic tours, the identity card must be carried by the passengers.

13)

a- If it is determined that the declared characteristics (such as age) of children who will stay free or at a discount according to the criteria set by the facility are incorrect, immediate and full payment will be made for these children, and compensation will be sought in every tour.

b- Child discounts apply alongside two adults. Used for a single child. Beds may not be provided for children aged 0-6 in hotel accommodations.

14) Our tours are a whole consisting of hotel, bus, tour program, and guiding services, and cannot be considered separately. The tour program is an integral part of this contract.

15) The latest circular related to the tour invalidates the previous circular.

16) During the tour, our guide may make changes to the tour program according to unexpected weather and road conditions, provided they try to adhere to the specified program as much as possible. BERLIKA Tourism is not responsible for places listed in the tour program that could not be visited due to guests failing to comply with the times given by our guide during the tour.

17) BERLIKA Tourism has no responsibility for tours that could not be conducted due to adverse weather conditions before and during the tour, and force majeure events.

18) Transportation is provided with minibuses for registrations between 12-20 people, midibuses for registrations between 21-31 people, and 46-seater buses for registrations between 32-46 people. The reservation holder accepts that the vehicle for the tour they reserved will be provided under these conditions.

19) Seat numbers are guaranteed in tours with bus transportation, but seat location and position are not guaranteed. The agency may change the seat number assigned during registration, subject to prior notification.

20) According to Law No. 1618 on Travel Agencies, BERLIKA Tourism or BERLIKA Tourism employees (operations, guides, captains, assistants) cannot derive financial benefit from stopover locations, lunch meals taken, local shopping centers, entertainment centers, boats, ferries, midibuses, minibuses, etc., or similar tour transfer vehicles. Business and service selection is made considering regional conditions and customer interests in the regions where they are located. BERLIKA Tourism is not responsible for defective service provision resulting from these businesses.

21) The right to choose applies to the purchase of services labeled as extra in the tour program (lunch, boat trip, etc.). Subject to not disrupting the tour program and informing the guide, tour leader, and agency, the customer may purchase services from any business they wish. BERLIKA Tourism is not responsible for defective service provision resulting from these businesses.

22) In bus travels, each passenger may carry one suitcase of size 50 x 70 and one handbag of size 20 x 50. Items outside these dimensions are accepted if the bus luggage capacity allows, otherwise they are not accepted. The reservation holder cannot carry flammable, sharp, or odorous substances with them during the journey.

23) Visa procedures and services are not included in the purchased service.

24) In air travel, the reservation holder has accepted that flight times and aircraft types may change due to reasons originating from the airline company. Additionally, the rules of the airline company are valid, and the reservation holder has accepted these rules. Special warnings and notifications were made during the contract regarding this matter.

25) For foreign tours - including babies - a passport is required. (For TRNC, an identity card is sufficient). Visa and passport procedures are entirely the responsibility of the reservation holder themselves. However, if all documents are submitted complete 15 days before the start of the tour, visa procedures can be followed by the agency for a fee. Since obtaining a visa is an operation dependent on the initiative of the consulate of the relevant country and strictly tied to the relevant individual, the agency bears no responsibility if the visa cannot be obtained, nor does it entitle the consumer to a fee refund.

26) In reservations made indirectly or directly through another agency, the participant accepting participation in the relevant tour, the reservation holder, and third party(ies) have accepted together with the agency that they are bound by this contract made between BERLIKA Tourism and the agency.

27) Direct participants or third parties who have participated in and reserved the tour have accepted advertising through any communication channel previously notified to the agency, provided that the agency covers the transmission fee (sms, brochure, electronic mail, catalog, etc.).

28) According to Article 12 of Law No. 1618; if a package tour service is purchased, cases where the package tour is missing or cannot be provided at all are insured. The coverage limit is equal to the package tour fee.

29) If the consumer wishes, they may insure return costs to the starting point in case of accident and illness, damages arising from any kind of accident, and treatment costs before the package tour and/or accommodation service begins.

30) The parties accept and declare that the addresses specified in this contract are their notification addresses, and notifications sent to these addresses will be valid unless changes are notified in writing.

31) In cases where the agency does not comply partially or fully with the Contract, the articles of the TURSAB KÜTAHYA SCHEDULE will be applied in calculating the compensation to be paid.

On behalf of the individuals named above, we hereby agree to the general conditions written below and the manner specified on the front page between us and BERLIKA TOURISM TRAVEL AGENCY, and I accept and undertake to pay the balance amount on the determined dates. 


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