ARTICLE 1 - SUBJECT:
The subject of this contract is the sale and performance of the service that the AGENT sells to the CONSUMER electronically through the website www.yilcanturizm.com.tr, along with the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers - Regulation on the Implementation Principles and Procedures of Distance Contracts.
ARTICLE 2 - GENERAL PROVISIONS:
2.1- The CONSUMER declares that they have read and are informed about the qualifications of the product subject to the contract, the sale price, and the payment method, and that they have given the necessary confirmation electronically.
2.2- The AGENT is responsible to the CONSUMER for any defects in the service subject to the contract.
2.3- If the credit card of the CONSUMER is used unlawfully or unjustly by unauthorized persons not due to the fault of the AGENT after the performance of the service and the bank or financial institution does not pay the service fee to the AGENT, the CONSUMER is responsible for the service fee and the damages incurred.
ARTICLE 3 - CANCELLATION - TRANSFER
3.1. The AGENT may cancel or delay the trip in case of reasons that prevent the start or continuation of the trip despite showing all necessary care; these include failure to gather the required number of confirmed reservations, adverse weather conditions, roadblocks, strikes, terrorism, fog, war risks, unforeseeable technical issues, and all force majeure events at least 24 hours before the departure time. In this case, the CONSUMER does not have the right to compensation.
3.2 A- If the CONSUMER requests cancellation up to 15 days before the start of the service, the entire amount paid will be refunded.
B- If the CONSUMER cancels the contract between 15-7 days before the start of the service, they agree and undertake to pay 35% of the trip fee to the AGENT, and if it is less than 7 days, the entire amount. Any date changes made by the CONSUMER are considered as cancellations.
C- In case of cancellation or transfer of discounted services, the CONSUMER agrees and undertakes to pay 35% of the service fee up to 7 days before the service starts, and the entire service fee after 7 days.
D- For special products, in case of cancellations made up to 60 days before the service starts, the CONSUMER will be refunded the entire amount paid so far. If the CONSUMER cancels the contract 59-31 days before the start of the service, they are obliged to pay 25% of the trip fee, 30-15 days before 50%, 14-7 days before 75%, and if less than 7 days, the entire amount to the AGENT.
E- The illnesses or deaths of the CONSUMER or their first-degree relatives that prevent the CONSUMER from participating in the service for 10 days must be reported in writing with an official report from a state hospital before the start of the service; this is an exception to the cancellation/transfer clauses.
3.3 The CONSUMER can transfer the trip to another person up to 7 days before the start of the trip. The transferee is jointly responsible with the transferor for all expenses arising from the transfer. The CONSUMER is obliged to submit all cancellation/transfer requests in writing to the AGENT before the start of the service.
3.4 If the CONSUMER fails to notify that they will participate in the service they missed, the AGENT has the right to cancel all reservations and services made on behalf of the CONSUMER after 24 hours. In such cancellations, no refunds will be made to the CONSUMER.
3.5 In cases where the AGENT deems necessary, they can cancel the tours they have announced or registered before the service starts, in whole or in part, by notifying the CONSUMER. Similarly, during the same period or service, the AGENT can change hotel names, transportation vehicles, their departure points, and the order of visits to places indicated in the program. If the CONSUMER does not accept these changes and cancellations for valid reasons, they have the right to cancel the reservation and request a refund for the unused service fees.
3.6 Notifications of possible tour cancellations by the AGENT may be made individually to each CONSUMER or announced on the website. The CONSUMER accepts this in advance.
ARTICLE 4 - GENERAL PROVISIONS:
1- All responsibility regarding baggage 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 and the facility they will stay at.
2- In case of baggage loss or damage due to the serious fault of the provider; if the CONSUMER arranges a loss or damage REPORT from the provider, half of the part of the total trip cost allocated to transportation will be paid by the AGENT as compensation for the material and moral value, characteristics, and attributes of the lost items and suitcase. The AGENT is responsible for all losses, damages, and theft of items that have been declared in writing with their values delivered to them, up to the transportation cost of the trip.
3- Visa PROCEDURES and SERVICES are not included in the purchased service.
4- The AGENT is responsible for causes other than force majeure, situations for which the CONSUMER is responsible, and personal liabilities of third parties occurring after the service has started. In cases falling under the AGENT's liability, the AGENT may compensate the CONSUMER for changes detrimental to them in the form of fee or service refunds according to the provisions of the TÜRSAB Kütahya Schedule, or may provide additional and/or alternative arrangements that are not included in the price during the service. If additional or substitute services have been received or used by the CONSUMER, this eliminates the CONSUMER's rights to refund and compensation.
5- The CONSUMER agrees that they will comply with the rules stated by the guides, facilities, and transportation vehicle authorities regarding the purchased service; and will respect the lives, property, and peace of third parties, otherwise they will not be able to receive the service for justified reasons and shall have no right to a refund.
6- If the CONSUMER terminates their reservation on the grounds that the performed service is defective, they are obliged to inform the AGENT and the accommodation facility about the reasons for termination in writing. Otherwise, they will be considered to have received and used the service.
7- The CONSUMER must inform the AGENT in writing during the performance of the service about any complaints they have; this is an obligation of good faith for the CONSUMER to cooperate and act diligently.
8- Consumers who do not have their signatures on the contract but participate in the service subject to the contract will be deemed to have accepted and undertaken the provisions of the contract by ensuring that the CONSUMER (s) they authorized to register read and approve this contract.
The AGENT reserves the right to recourse to other CONSUMERS for any excess amount paid or the collection of the service fee from CONSUMERS who signed the contract.
9- According to Article 12 of Law No. 1618; if a packaged tour service is purchased, the cases of incomplete or non-provision of the package tour are insured. The coverage amount is up to the price of the package tour.
10- The CONSUMER may insure against the costs of returning to the departure point in case of accidents and illnesses, and any losses arising from any accidents and treatment costs before the start of the package tour and/or accommodation service.
11- In cases where the AGENT partially or completely fails to comply with the contract, the provisions of the TURSAB KÜTAHYA SCHEDULE will be applied in calculating the compensation to be paid.
ARTICLE 5 - COMPETENT COURT:
The Bandırma Consumer Courts and Arbitration Boards are competent to resolve disputes arising from the implementation of this contract.
The CONSUMER is considered to have accepted all the terms of this contract.