Sales Agreement


 

DOMESTIC & INTERNATIONAL TRAVEL - RESERVATION - PACKAGE TOUR - REGISTRATION AND SALES AGREEMENT

This agreement has been signed between Macellan Tourism and Education Consultancy Domestic and Foreign Trade Limited Company, located at “Çamlık Mah. Efes Sk. No: 33-35 İç Kapı No: 9 Çekmeköy/Istanbul” (“travel agency” hereinafter) and the customer who purchases the service, and their accompanying individuals (“consumer” hereinafter).

I- PAYMENTS

  1. For domestic hotel and tour sales, at least 35% of the reservation fee must be paid at the time of registration, and the balance must be paid within 7 business days from the date of sale. If the tour start date or hotel check-in date is 7 days or less, the full tour/hotel fee must be paid at the time of registration. If the specified payments are not made within these periods, the reservation will be canceled and 35% of the total service fee will be invoiced to the consumer as a cancellation fee.

  2. For international and cruise tours, at least 35% of the reservation fee must be paid at the time of registration, and the balance must be paid no later than 30 days before the start of the trip. If the tour start date or hotel check-in date is 30 days or less, the full tour/hotel fee must be paid at the time of reservation. If the specified payments are not made within these periods, the reservation will be canceled and 35% of the total service fee will be invoiced to the consumer as a cancellation fee.

  3. In sales with campaigns (such as early booking discounts and promotional sales), the consumer who purchases the discounted service is obligated to pay the full price at the time of reservation.

  4. For special products and services, the total amount must be paid no later than 60 days before the start of the service. If the specified payments are not made within these periods, the reservation will be canceled and 35% of the total service fee will be invoiced to the consumer as a cancellation fee.

II- CANCELLATION - WITHDRAWAL - CHANGES

  1. The travel agency may cancel the package tour agreement due to reasons such as insufficient number of confirmed bookings or force majeure preventing the trip from starting or continuing. In this case, the consumer does not have the right to compensation. The travel agency is required to notify the participants of the cancellation and refund all amounts collected from the consumer within 14 days. Even if the visa process has been completed, the visa fees are non-refundable in the event of a tour cancellation. The responsibility for obtaining the visa lies with the consumer.

  2. A- For domestic hotel sales, if the consumer cancels the reservation/agreement up to 30 days before the start of the service, the full reservation fee paid, excluding mandatory taxes, fees, and legal obligations, will be refunded.

    B- For domestic hotel sales, if the consumer cancels the reservation/agreement 29 - 15 days before the start of the service, 35% of the tour fee will be paid to the travel agency, and if canceled less than 14 days before the start, the full fee will be paid. Requests for date changes by the consumer will be considered as cancellations, and date change requests must be submitted in writing considering the timeframes mentioned in the related clauses.

    C- For both domestic and international package tours, if the consumer cancels the reservation/agreement up to 30 days before the start of the service, the full reservation fee paid, excluding mandatory taxes, fees, and legal obligations, will be refunded. However, if the visa has been obtained for international travel, the visa fee is non-refundable. If the consumer cancels the reservation/agreement less than 29 days before the start of the trip for reasons other than force majeure, the full tour fee will be paid to the travel agency. Date changes will be treated as cancellations and must be submitted in writing according to the specified timeframes. In the case of campaign package tours (such as early booking discounts), cancellations made after the booking date, for any reason, will result in the loss of the entire tour fee, and no refund will be made. Name, date change, and transfer requests will not be accepted. The consumer agrees to pay the full tour fee as a cancellation compensation in this case.

    D- For cruise tours, if the consumer cancels the reservation/agreement up to 90 days before the start of the service, 10% of the tour fee will be paid; 89 - 60 days before, 30% of the tour fee will be paid; 59 - 31 days before, 50% of the tour fee will be paid; 30 - 16 days before, 75% of the tour fee will be paid; and if canceled less than 15 days before, the full tour fee will be paid.

    E- If the consumer or a first-degree relative experiences a health issue or death within 30 days of the start of the service, the consumer may receive a full refund excluding mandatory taxes, fees, and non-refundable third-party costs, provided that an official report is submitted from a public hospital. In cases of force majeure, the payment made will be refunded within 14 days excluding certain non-refundable expenses.

    F- All domestic and international service cancellations will be refunded according to the payment method. Payments made in foreign currency will be refunded in foreign currency, and payments made in Turkish Lira will be refunded in Lira. The consumer cannot claim any difference in exchange rates during the refund process.

  3. For the situations mentioned in Article 2, consumers must claim material damages covered by insurance from the relevant insurance company.

  4. If the consumer has purchased discounted products during domestic hotel sales (such as early booking campaigns), for any reason, including force majeure, name and date changes, transfers, and cancellations are not accepted. In such cases, the consumer agrees to pay the entire reservation fee as a cancellation compensation to the travel agency.

  5. If the consumer fails to inform in writing about their participation in a trip they missed, the travel agency has the right to cancel all reservations made for the consumer after 24 hours. No refund will be made in such cancellations.

  6. The consumer may transfer the package tour to a third party in writing or through a permanent data storage device up to 7 days before the start of the service. The transferee, along with the transferor, is responsible for the balance and additional costs arising from the transfer. Visa fees are non-refundable for transferred tours, and the responsibility for the visa lies with the transferee. Transfers are not accepted for campaign package tours.

  7. Force Majeure: Unfavorable weather conditions, road blockages, strikes, terrorism, war, war threats, unforeseen technical issues are considered force majeure if they prevent the start or continuation of the trip. In such cases, the travel agency cannot be held responsible. If a location is not permitted to be visited by local authorities, another location can be visited upon request. If the passengers do not request an alternative, the visit to a restricted location will be considered as completed. Illnesses or deaths of the consumer or first-degree relatives are also considered force majeure with an official report from a public hospital.

  8. Sales are made in cash or through credit card payments, either in full or through installments. If payment is not made for credit card sales, the consumer will be addressed by the bank with whom they signed a credit card agreement. In this case, the interest rates applied by the bank will apply, and the travel agency will not be involved in this matter.

  9. In case the credit card used by the consumer to pay for the service is used illegally by unauthorized individuals, if the payment is not made to the travel agency due to the dispute with the bank or financial institution, the consumer will be liable for the disputed service fee and any losses from the reservation date onwards, including legal interest.

III - GENERAL TERMS

  1. The consumer participating in the tour has the right to bring and take 2 suitcases, each no larger than 50cm x 70cm, and in air travel, 20kg of luggage. The responsibility for the suitcases and their contents rests with the owners.

  2. All services included in the package tour program are specified. Any tours or services outside of these are subject to extra charges. During reservation, the tour package fee and additional service fee are collected separately in the form of two separate receipts. The amount collected also covers the guiding fee.

  3. Items that are smelly, leaking, flammable, explosive, or cause disturbances to others, as well as sharp, piercing, and firearms, and any kind of animals, are not allowed on vehicles and accommodations without the express written consent of the travel agency. Possession of identification or permits does not alter this condition.

  4. In case of loss or damage to the consumer's luggage, if caused by the severe fault of the travel agency's personnel, the travel agency will pay the material and moral compensation for the lost or damaged items, considering the transportation cost part of the total tour price. The travel agency is responsible for the loss, damage, or theft of items declared in writing by the consumer along with their value. The agency's responsibility is limited to the transportation cost of the tour, and the loss of official documents like the consumer's ID or passport will not hold the travel agency accountable.

  5. Cancellations by the travel agency regarding the tour can be notified to each consumer individually or generally through an announcement in a widely circulated newspaper in Turkey. In this case, the notification obligation is considered fulfilled.

  6. The travel agency has the right to change the hotel names, transportation vehicles, departure times, and locations while keeping the standards of the program, by notifying the consumer. The sample tour programs provided during registration can have their dates and prices changed based on the number of participants. The consumer agrees that if the overnight stays or the category of the accommodation do not change, the terms of the tour are fulfilled.

  7. If the consumer requests the travel agency to follow up on visa processes, the consumer must have a passport valid for at least six months and apply within the required documentation and timeframe set by the relevant consulate. The travel agency acts as an intermediary between the consumer and the consulate and is not responsible for failure to obtain the visa. If the visa is not granted, the cancellation terms mentioned above apply.

  8. The coverage for service defects, damage, loss, and shortcomings for those who have purchased travel insurance is determined by the insurance company's policy. The travel agency is not responsible for the scope or application of these guarantees.

  9. On the day of arrival at the hotel or ship, rooms may not be available before 2:00 PM. Consumers must vacate their rooms by 12:00 PM on the day of departure. The standard for extra beds in triple rooms may vary according to the hotel.

  10. The price and conditions stated in the package tour contract cannot be altered. This rule does not apply to changes in taxes, fees, or exchange rates such as port or airport taxes. If there is a price increase before the tour due to these reasons, the consumer will be notified, and in such cases, the consumer has the right to cancel the contract without compensation.

  11. The travel agency is responsible for any changes made after the commencement of the tour that affect the consumer negatively, and compensation can be offered according to the conditions of the TÜRSAB Kütahya Chart.

  12. If the consumer abandons the tour due to defective service, they must immediately notify the travel agency and the accommodation facility in writing, with reasons. Failure to do so means that the consumer is considered to have taken the service.

  13. The consumer acknowledges that they have read the contract and that the accommodation details of the facility, including brochures, websites, and other resources, have been shared with them. They have agreed to these terms for themselves and for any individuals traveling with them.

  14. Consumers who are part of the tour but have not signed the contract are considered to accept the terms upon the signing by the person they authorized.

  15. The travel agency acts as an intermediary with hotels, carriers, and other service providers. Therefore, the agency is not responsible for delays, damages, or cancellations caused by various factors like weather, strikes, accidents, or other uncontrollable events.

  16. Charter flights are subject to international aviation rules, and carriers may make schedule changes or changes to stopovers. The flight times provided during booking are approximate, and the agency is not responsible for any changes.

  17. All included services in the tour programs are separately listed. Any additional tours or services are subject to extra fees. These extra tours are only conducted with sufficient participation and no compensation or refund will be provided if the extra tours are not carried out.

  18. The travel agency is responsible for any force majeure events or other circumstances that affect the tour, except for those caused by the consumer’s actions or third-party liabilities.

  19. Any issues not covered in this contract will be governed by the relevant Turkish and international laws, including the Civil Aviation Act, the Consumer Protection Law, and the TÜRSAB Kütahya Chart.

  20. For minors traveling abroad and to Cyprus without both parents, notarized consent from the parents is required. Otherwise, the flight will not take place.

SERVICE DEFECT COMPLAINTS:

In case of defective or faulty services, the Arbitration Board or Consumer Courts, as determined by the Consumer Protection Law, are authorized.

SERVICE GUARANTEE:

The consumer agrees to receive information regarding services, advertisements, announcements, campaigns, and activities related to the group companies, brands, suppliers, and organizations affiliated with Macellan Turizm ve Eğitim Danışmanlığı İç ve Dış Ticaret Limited Şirketi. The consumer also consents to receiving commercial electronic communications, including SMS, MMS, etc., in accordance with Law No. 6563. If the consumer wishes to cancel this consent, they must notify Macellan Turizm ve Eğitim Danışmanlığı İç ve Dış Ticaret Limited Şirketi through the communication channels provided in this agreement, and the company will cease the notifications.

I accept.

Full Name:

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