KAS YACHT (kasyacht.com) Distant SALES AGREEMENT
This contract has been arranged pursuant to the Regulation on Distance Contracts (“Regulation”) published in the Official Gazette dated 06.03.2011 and numbered 27866, in accordance with the obligation to make a contract for sales made via internet and other communication tools, and in cases where there is a gap in this contract, the provisions of the Regulation will be applied primarily.
1. PARTIES KAS YACHT Andifli mah: The old marina will be referred to as the agency no 17 and the person who receives the service by ratifying this contract will be referred to as the “CUSTOMER”.
2. SUBJECT The subject of this contract is the Law No. 4077 on the Protection of Consumers and the provisions of the relevant Regulation, regarding the services that the Agency displays, advertises and sells through the internet address named kastatilim.com or through other communication tools, the qualifications and sales price of which are specified in the contract. It covers the rights and obligations of the parties.
3. SERVICE AND PRICE INFORMATION SUBJECT TO THE CONTRACT The current tour program, voucher, tour registration form, collection receipt, tickets and other printed documents presented to the consumer during the reservation are an integral part of this contract.
4.1. Customer access information of the Agency mentioned in this contract, qualifications of the product or service subject to the contract, information about the sales price, payment method, delivery and performance, additional costs, contract period, validity period of commitments related to the product or service, termination conditions, complaints and objections. He declares that he has read and informed all the information regarding his subjects within the scope of this contract and that he has given the necessary confirmation.
4.2. For the performance of the service subject to the contract, a signed copy of this contract must be delivered to the Agency and the price must be paid. If, for any reason, the product price is not paid or is canceled in the bank records, the Agency has no obligation to perform the service.
4.3. For all services offered by the Agency, the customer accepts that he / she made a reservation with his / her own free will and that he / she will not claim any rights from the Agency with the claim that it does not comply with the pleasure or terms of the service, and that the Agency has no responsibility.
4.4. At every stage of all services received through the agency, it is obligatory to contact the Agency through the contact information stated above or by visiting the Agency itself. Otherwise, the Agency does not accept any responsibility in case of changes, cancellations, new reservations and a different service by the Customer directly from the relevant companies.
4.5. In case of early departure from the hotel, no right or request can be filed for a refund. In case of early departure from the hotel, the Customer agrees to pay the entire reservation amount without any objection. KAS YACHT (kasyacht.com) Distance Sales Contract
4.6. Due to a problem not caused by the Agency, in case the purchased service cannot be provided (the hotel closes without prior notice, the hotel needs an urgent renovation, the hotel receives more reservations, etc.), a written notification from the relevant company to the Agency before the service start date. If it is done, the customer is offered an alternative service in the same category or a refund of the total amount paid is offered. In rare cases where the Agency is not informed, it is deemed that the supplier / intermediary institution or the relevant hotel will find an alternative service in the same category or the fee collected upon the request of the Customer is immediately refunded.
4.7. Although the customer has shown all the necessary care, which prevents the start or continuation of the trip; The Agency does not make a definite registration as much as the required number of passengers and / or due to adverse weather conditions, natural disasters, road block, strike, terrorism, fog, possibility of war, unpredictable technical issues, political event, change in inter-state relations, popular movements, all force majeure. can cancel or postpone. In case of cancellation, the Agency will notify the Customer and return the total amount paid by the Customer up to that day within 10 days at the latest. However, in this case, the customer does not have a separate right to compensation.
4.8. Agency; It is in a position to provide services to customers who purchase the service, accommodation facilities, carrier companies and all kinds of third parties and legal entities that provide other services related to travel. For this reason, contrary to the agreements made between the Agency and the establishments undertaking the transportation of the Customer registered for the trip with the application, the absence of the vehicles at the departure place at the time shown in the schedule, all kinds of delays, breakdowns of land-air and sea vehicles, fog-storm and all kinds of weather conditions reasons such as disability, changes in the route and routes, etc. The Agency cannot be held liable for material and moral damages caused by all unforeseen technical defects.
4.9. Pension features, hotel concepts, star qualities differ from facility to facility and country to country. star hotels in Turkey are determined by the Culture and Tourism Ministry. The stars will be notified by the Agency for bookings made in Turkey, the hotel is in the stars that show him with the Agency does not have any responsibility in this regard.
4.10. Hotel fees in the agency are determined over the rates on the date of programming. This price includes all taxes. Except for the type of accommodation received by the customer, the cost of extra meals and drinks, personal expenses and out-of-program services will be paid by the customer.
4.11. The plane, bus etc. specified in the tour program. Departure times in transportation vehicles are arranged according to the official programs of the relevant institutions. The Agency is not responsible for the change of these hours, departure time and the changes made in accordance with this necessarily the program. In case of an increase in airline tickets by the airline before the departure date, the customer must pay this difference at the latest 2 working days before the departure of the tour, otherwise the cancellation terms will apply. The Agency is not responsible for transportation that cannot be realized due to weather conditions, strikes, technical failures, etc. In destinations where the airlines organize additional flights due to the excess demand, the relevant airlines may change the tariff by shifting the reservations to additional flights, the Agency does not accept responsibility in such cases. The agency is an intermediary between the airline and the Customers, and the consumers buy the tours by knowing the risk of time change. they accept and declare in advance what they have received. The Agency will notify the Customer of such changes as soon as possible. KASYACHT (kasyacht.com)) Distance Sales Contract
4.12. Airport taxes and special municipal taxes in the cities of accommodation are not included in the prices. On special charter flights, whether the aircraft is chartered by the Agency or another company or another airline company, all regulations regarding flights are made within the framework of the Warsaw Convention and relevant international rules. It can make all kinds of time changes on these flights, departure times are not guaranteed, the carrier may change or stop the stopover places shown on the ticket if necessary, and no responsibility is taken for the flight connections. The carrier undertakes to make every effort to transport passengers and luggage.
4.13. The excess baggage fee above the per person right to carry luggage applied by the airline during trips by plane belongs to the passenger and this fee is determined according to the principles of the airline company. The Agency is not responsible for items forgotten in vehicles or accommodation centers. Again, in case of late arrival, damage or loss of baggage during trips by plane, the responsibility lies with the airlines and the Agency does not accept any responsibility.
4.14. The Agency reserves the right to change the vehicle type and model on bus trips, and Customers must be present at the departure point 30 minutes before the departure time. In the event that a sufficient majority is not provided for the trip on the buses, the Agency makes ticketing for the scheduled services of the bus companies with D2-B2 authorization certificate for intercity transportation in order to ensure the transportation of the customers, and in this case, if the buses do not go to the hotel, the transportation of the Customer between the Bus Station and the Hotel is carried out by the Agency. Need breaks are given at the rest facilities on the route. Stopover locations may vary depending on weather, road and general conditions.
4.15. In package tours, accommodation nights will be based on the total number of days. Delays in transportation vehicles due to force majeure or delay of the airline company are not under the responsibility of the Agency.
4.16. Visa and passport procedures belong to the Customer. However, if all the necessary documents and visa service fee are delivered to the Agency in full 2 months before the start of the trip, the visa procedures can be followed up against the fee. The submitted passport must be valid for 6 months from the tour end date. As the visa procedures are entirely under the initiative of the consulates, the Agency has no responsibility for the passport delivered, as the visa cannot be obtained or the visa cannot be reached on the tour date. The Agency is not responsible for delays or disruptions in consulates. If you cancel for any reason the tour, visa fees, expenses, and balance remaining outside the visa service charges that also obtaining visas it did not guarantee entry into the country, visit the country for any reason involves inserting or visa despite being right in Turkey are not allowed to go to to make any payments to customers and the Agency will not be responsible for any damages arising from this situation.
4.17. The customer (s) who do not have a signature in the contract but who receive the service subject to the contract are also deemed to have accepted and committed any rights and obligations arising from this contract by reading and accepting this contract. Despite this, in case the customer (s) who receive the service on the grounds that they are not signed in the contract personally, lawsuits and follow-ups related to the Agency and the reason for the service they have received, and the Agency has to pay a price or compensation to the customer other than the matters written in this contract, the Agency will The right of recourse is reserved for the excess amount paid to (s). Customers participating in this trip have learned the terms of this contract, which will be valid between the parties, due to the catalogs and advertisements, even if they have not signed them, and have committed to participate in the trip under the terms of this contract. KASYACHT (kasyacht.com) Distance SALES AGREEMENT
4.18. Customers are required to have their passports, valid visas and identity cards when staying abroad, and their identity cards on Cyprus tours. The Agency does not have any responsibility in the event that the exit is blocked due to any lack of transaction related to the passport or personal reasons caused by the customer (lack of visa or the refusal of any government agency or personnel, etc.), the customer is obliged to bear the consequences of the cancellation and delay. .
4.19. In the event that the relevant bank or financial institution fails to pay the service fee to the Agency due to the fact that the credit card belonging to the Customer is used unfairly or unlawfully by unauthorized persons not due to the Agency’s fault, the Customer shall be liable for the service fee and the damages arising from the Agency. It accepts and undertakes to make the relevant payment immediately.
4.20. In the event that the contractual service cannot be provided by the Agency for a just cause, the Agency may supply goods or services of equal quality and price to the Customer before the contractual performance obligation expires. The customer has the prior consent of this matter.
4.21. The scope of the coverage for incomplete or defective performance, damages, losses and losses of customers who have purchased travel insurance service or included in the travel insurance travel package is determined by the policy of the insurance company that provides this service. In the event that the customer leaves the tour he started with a bet because the service is defective, he must notify the Agency official and the hotel he stayed in in writing, together with the reasons. Otherwise, the customer is deemed to have purchased and used the service. Using the service until the end of the complaint by the customer eliminates the rights of compensation such as substitution service and refund of the complaints. If the package tour service is purchased, the package tour is covered by insurance if the package tour is missing or not available at all. The coverage is up to the package tour price. Compulsory travel insurance is provided by us for all customers in package tours, and in services other than Package Tours, the customer can insure all kinds of accidental damage and treatment costs before the accommodation service begins.
5. CANCELLATION – CHANGES
5.1. In the event that the customer misses the beginning of the service purchased and fails to notify in writing within 24 hours that he will accept the performance later, the Agency has the right to cancel all reservations made on behalf of the customer after 24 hours. No refund will be made to the Customer for such cancellations.
5.2. If this reservation is within the scope of campaign / Early sale, no cancellation or change can be made under any circumstances.
5.3. When the customer requests a cancellation or waiver up to 15 days before the start of the service, the entire amount paid will be refunded. However, if a visa is obtained for travel abroad, the visa fee is not refunded.
5.4. The Customer agrees and undertakes to pay 35% of the trip fee to the Agency in case of cancellation of the contract 15-7 days before the commencement of the service, and the entire amount to the Agency as a withdrawal compensation for less than 7 days. Date changes made by the customer are subject to cancellation.
5.5. In the event of cancellation / transfer of the discounted service, the Customer agrees and undertakes to pay 50% of the service fee until 7 days before the commencement of the service, and the entire service fee to the Agency if less than 7 days remain. KASYACHT (kasyacht.com) Distance SALES AGREEMENT
5.6. In the cancellation of reservations made, due to the validity of the cancellation conditions of the relevant hotels and airline companies, payment from the Customer in accordance with the terms of that ticket / airline company or hotel without any request from the Agency or from the Customer. can be requested.
5.7. The customer, the tour, hotel etc. purchased. In the event that it is not possible to continue the program, at least 7 days before the departure date, by informing the Agency of its intention, the reservation, tour, hotel, etc. to a third person who will meet all the conditions applicable to In this case, hotel, tour etc. The transferee and transferee are jointly liable to the Agency for the payment of the balance amount and all additional costs arising from the said transfer. Transferred hotel, tour etc. The visa fees of the customers whose visa procedures have been completed will not be refunded. Hotel, tour etc. The visa responsibilities of the transferring customers will belong to them.
5.8. The agency may, if deemed necessary, partially or completely cancel the tours it has announced or registered before the start of the service, provided that the customer notifies the customer. In the same period or during the service, the supplier may change the names of the hotels within the scope of service, transportation vehicles and their places of movement, the order of visits specified in the program and shown as places to visit. If the customer does not accept these changes and cancellations for justified reasons, he / she has the right to cancel the reservation and refund the unused service fees. In this case, the customer is not entitled to compensation.
5.9. The reservation can be canceled uninterruptedly if the customer documents the discomfort and deaths of his or his first-degree relatives with an official report from the fully-fledged state hospital for 10 days. In cases that cannot be documented with a report or documented incompletely, the Customer will not be able to make any request. All deductions and other payments received are requests of hotels or tour operators and are not related to the Agency.
5.10. For room type changes, customer addition and customer removal requests, the campaign and payment terms of the reservation are updated according to the conditions of the day the change is made. For reservations accommodating two or more people, if one person changes their name, the campaign and payment terms of the reservation are updated according to the conditions of the day the change is made. For single occupancy, the name change is canceled.
5.11. For all changes made after the first change, a transaction fee of 50.-TL / per person is charged for each transaction.
5.12. Change, cancellation etc. made by the intermediary company. the Agency does not accept any responsibility.
6. RIGHT OF WITHDRAWAL The customer has the right to withdraw within (7) 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 by fax or e-mail within this period. In the event that this right is exercised, it is obligatory to deliver the invoice of the service offered to the Customer or the third party, and the originals of the tour registration forms to the Agency. The service fee is refunded to the Customer 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. KASYACHT (kasyacht.com) Distance SALES AGREEMENT
7. EFFECTIVENESS This contract will come into force when the Customer signs to purchase the aforementioned services and it is accepted that the effective date will be the signature date by the parties. If the customer signs this contract, the customer will be deemed to have read and accepted all the terms of the contract. This contract expires if the service is received and consumed by the customer or is subject to cancellation in any way.
8. RESPONSIBILITY Agency’s LIABILITIES; The Agency is responsible for changes in the tour program purchased by the customer after the start of the trip. The agency may compensate the obvious changes that are unfavorable or damaged to the customer in the form of a price or service refund to the customer during or after the trip, as well as compensating for additional services that are not included in the price and provided to the customer during the trip. The purchase, use or consumption of additional or replacement services by the customer eliminates the customer’s right to reimbursement and compensation. Customer RESPONSIBILITIES; The Customer accepts that he / she will provide the information and documents included in the scope of the package tour and requested by the Agency in the annexes of the contract, and that he / she is responsible for the information and documents provided.
9. NOTIFICATION, INTRODUCTION BROCHURE The Customer is obliged to notify the Agency of the non-performance of the contract at all or not as required within 30 days from the date of performance of the service. Explanations about tours are included in the Introductory brochure and tour programs, which are an integral part of the contract. Changes made in these tours are immediately notified to the Customer. Changes after the contract are made with the agreement of the parties.
10. AUTHORIZED COURT Istanbul Central Courts and Execution Directorates are authorized to resolve disputes arising from the implementation of this contract. This contract consists of 9 articles and was signed by the parties on 6 pages.… ../. …… / 2018. KASYACHT (kasyacht.com) …………………… ..