Distance Selling Contract
Distance Sales Contract
Article 1- Parties:
This contract Domestic/ International Travel Servis Sales agreement is arranged under the following conditions regarding Domestic/ International Travel Servis Sales purchases between the TRANIGO (hereinafter referred to as AGENCY) which’s address is Istanbul/ Turkey (Türkiye) and the CONSUMER/S whose information given below.
Article 2- Subject-matter:
The subject of this contract is that it covers the mutual rights and the obligations of the parties by the provisions of Law no. 6502 (the Protection of the Consumer and the Regulation on distant contracts) regarding the Domestic/ International package tour and transportation service; which the AGENT sells to the CONSUMER electronically on the email@example.com e-mail adress, the qualifications, sale prices and conditions of which are stated below.
Article 3- Contract Fee and Payment Conditions
3.1- The Consumer will pay the contract fee to Agency by credit card through the Agency’s website or via EFT/ Money Transfer to the bank accounts specified by the Agency.
3.2- On the Service promotion page, all services included in the price are detailed in the Reservation Contract and Preliminary Information Form. All the other services other than these are subject to an extra fee.
3.3- The Consumer is obligated to pay at least 35% of the contract fee as a down payment at the time of registration, and the remaining balance at the latest 24 hours before the start of the service. If the specified payments cannot be made within the aforementioned periods, the reservation made is canceled and 35% of the service fee is invoiced to the Consumer as compensation for withdrawal. In addition, the amount received as a down payment is not refundable since it is taken as the security amount.
3.4- In addition to the contract price, the consumer agrees and undertakes to pay the interest, maturity difference, and foreign exchange difference to be calculated and notified by the agency in credit card payments.
Article 4- Cancellation – Transfers and Changes
4.1- For cancellations and changes in the reservations made, the support line (+90 545 445 8714) must be contacted or the valid reason must be sent to the firstname.lastname@example.org e-mail adress or notified in writing and/or with a permanent data storage.
4.2- The following rules will apply for the cancellations and changes:
a. In the case of the consumer requests cancelling- change up to 1 day (24 hours) before the tour service purchase date, 35% of the fee is refunded. In case of cancellations or changes made by the consumer, 24 hours to 48 hours before the service date, for a reason other than documenting the illnesses and deaths that prevent him or his/her first-degree relatives from their habitual occupation with an official report, the consumer will only pay 35% of the total service fee and if the cancellations or changes made by the consumer -less than 24 hours before the tour service purchase date, the consumer will be responsible for the total price and agrees and undertakes to pay these fees to the AGENCY.
b. In case of the consumer requests to make changes or cancellations for the discounted product that the consumer purchased in the early booking period for any reason, the consumer agrees and undertakes to pay the 35% of the total fee until 24 hours before he/she enters the facility, and to pay the full cost of the trip less than 24 hours before he/she enters the facility to the AGENCY.
c. In case of the consumer requests to make changes for the date of the product that he/she bought in the early booking period for any reason, the consumer accepts and undertakes that the booking will be changed without any discount and the list prices valid on the date of the request will be used.
d.In case of the consumer did not officially state the changes related to the reservation that he/she made, at the latest 24 hours before entering the facility, the travel options, and conditions written in the contract will be valid.
e.In case of the consumer nominally states that he/she cannot go/attend to the tour he/she bought, the Agency has the right to cancel all the reservations made by the consumer at any time after the starting date of the service. There is no refund to the customer in these kind of cancellations.
f.The Agency is responsible to fulfill its obligations within the period that the consumer has committed from the date of the purchase of the service. In case the agency fails to fulfill its obligation, the consumer can terminate the contract. In case of terminating the contract nominally, the Agency has to refund all collected payments together with the legal interest within 14 (fourteen) days the date after the agency receives the notice of termination and it has to return all valuable papers and similar documents that put the consumer in debt; if there is any.
In case of fulfillment of the said service becomes impossible, the Agency is responsible to notify the consumer in written or with permanent data retention three days from the date of learning related to the situation, and return all collected payments within fourteen days at the latest from the notification time.
Furthermore, in case of the Agency terminates the contract unjustly, the Agency must refund all the payments the consumer made till that date back to the consumer.
4.3- The date-changing requirements on the consumer reservation will be evaluated if the consumer notifies the agency at the latest 24 hours before the start date of the purchased service. Since the change requirements are at the initiative of the facility which cooperates with the Agency, the agency cannot be held responsible for the unfilled change requests.
4.4- Since the change requirements are at the initiative of the Agency, the date changing requirements after the service starts, no request or objection can be made to the Agency in this regard. In case of premature termination of the service,the consumer agrees and undertakes that he/she is responsible to pay the total price of the contract and the consumer pays the total price to the Agency.
4.5- According to hereby this contract, cancellations and changes without any deduction can be made maximum twice. In case of changing requests more than that (twice), the consumer is obligated to pay the total price of the reservation that he/she requested to make somechanges or cancellations.
4.6- The refunds for payments are made to the credit card or to the bank acoount that used for reservation.
Article 5- Other Terms:
5.1- The informations about the services of hereby this contract is viewed and evaluated on the Agency’s website by the Consumer. The service information can be printed out from the website by the Consumer after the reservation or during any step of the reservation. The service fee and the payment option can be seen by the Consumer on the website before the reservation is made, and the Consumer chooses one of the payment options. The Consumer enters his/her credit card information. The system in which the credit card information will be entered is protected by the international software protection and it is not possible to see or copy the information in any way. However, in case if the passwords and information get captured due to the virusses etc. to be found on the consumer’s laptop by the third parties or due to the negligence of the Consumer, the Agency is not obligated to pay any penalty clauses or compenaiton for the damages that the Consumer may incurred, and/so the Agency has the right to recourse the damages that may occur due to these reasons.
5.2- It is the Consumer’s duty of care, in good faith, to notify the officer about the issues that he/she is complaining about in writing during the performance of the service. In case the Consumer's use of service comes to an end without notifying the Agency although he/she has a complaint, it annihilates the compensation rights such as substitution and reimbursement related to the complaints.
5.3- If the consumer wishes, he/she can insure returning back to the point of departure with the treatment costs in case of an accident or sickness together with the damage arising from all kinds of accidents before the service starts. The scope of the guaranty for the damage –detriment, and loss of the Consumers purchasing travel insurance service is specified by the policy of the insurance company providing this service. The Agency is not responsible for any of the content, scope, or application of these guarantees.
5.4- Even if the Consumer could not sign this hereby tour and transportation reservation contract by mail order, virtual pos, transfer/ EFT, the consumer has learned the terms that will be valid between the parties through catalogue, website, or posts, and he/she has committed to purchase this tour and transportation contract under these written conditions.
5.5- The consumer undertakes that he/she signed this contract after reading it and making all the necessary viewing, after receiving all the information related to the service provider mentioned in the signed contract for the reservation from Agency’s website or officers. The Agency has no responsibility due to the fact that the service provider is not avaible in the qualification and standarts included in its announcements and declarations, since the Agency announced the qualifications of the service provider that the agency has promised and the information about the expected services due to the service provider’s statement, brochures, and information on the official website. The responsibility exclusively belongs to the service provider. In case the service provide does not have the expected standards or not able to perform the service in this standart on the start date of the service, the Consumer has the right to purchase a service from another provider which is in the same standart or in a higher catagory. If the consumer does not agree to have this change, he/she has the right to receive a refund of what he/she has paid for the reservtion.
5.6- In case of receiving the service without cancelling it, the service fee will not be refunded. If the act of God are certificated such as death, sickness, or accidents, the compensation of the service which is not taken will be refunded. The fees for the remaining period will not be refunded for any reason other than these reasons.
5.7- In addition to price inceases for the early reservation period and/or all periods (except for the system-related errors), the difference is not requested from the consumer, and there is no refund for sales named action by the Agency.
5.8- The Agency is responsible for all the causes that happened after the consumer purchased the service except the Act of God. In case of necessities, the Agency may compensate for the changes against the Consumer in accordance with the terms of TURSAB in the form of a price or service refund, also with the additional and/or alternative arrangements that are not included in the price which were given to the consumer during the trip. The fact that the additional or substitute services have been received, used, or consumed by the consumer, abrogates the consumer’s rights to compensation and refund. In case the Agency does not comply with the contract partially or completely, the provisions of the TURSAB Kütahya Schedule will be applied to calculate the compensation that will be paid.
5.9- Date of the service, name of the service purchaser, accommodation system, type of the room if there is any accommodation are included in the promotion page published on the Agency's website, which is an additional and inseparable part of the contract, in the reservation records made by the consumer and in the preliminary information form.
5.10- The consumer will receive the service on the provided dates. Except for these dates, the service provider may extend the date if it is available and after making the request and payment for the extension to the agency for the service.
5.11- The Agency has no responsibility for any of the consumer’s loss, damage, or stolen valuable goods.
5.12- The consumer(s) who did not sign the contract but participated in the service mentioned in hereby this contract accept and undertake the contract terms when their proctor signs the contract. The Agency reserves the right to recourse to other consumers for the collection of the excess amount or service fee paid to the signatories of the contract.
5.13- The consumer accepts and indicates that he/she approved the required confirmation since the consumer has received the information about the hereby this contract; the qualification, sale price, payment method, performance, and all other preliminary information, and he/she read it and has the knowledge about it. The Agency has the responsibility to the Consumer for the defective service.
5.14- The invoice will be sent to the address that the consumer mentioned in the invoice address section during the reservation period. In case the address section is left empty, the invoice will be sent to the address which was written in the contacts section. The Agency does not take responsibility for the undelivered invoice if the receiver is not at the address or the receiver is not mentioned, or if the consumer gives the wrong address.
5.15- For the reservation of families that have children, children age which their family mentioned will be considered. In case the officer identifies the difference between the mentioned age and the ID age, the mutatis mutandis will be made by the consumer paying price gap to the Agency or the service provider.
5.16- Act of God; bad weather conditions, road barrier, terror, strike-lockout, the possibility of war, deluge, fire, unpredictable technical issues, etc, will be considered as acts of God. The Agency has the right to cancel the reservation and/or change the reservation with another service in the same area or in another area that has a similar category and qualification due to these reasons (the act of God). The consumer has no right in this kind of situations.
5.17- The reservation/ Register form and the preliminary information form are a rider and inseparable for the hereby this contract and they are binding for the parties.
Article 6- The Competent Court:
In the resolution of the disputes arising from the implementation of this travel contract; First of all, the provisions of this contract and the provisions of the Consumer Protection Law No. 6502 and the relevant Regulation will be applied, and the parties can apply to the Consumer Courts and/or the Arbitration Committee for Consumer Problems within the legal limits. In the resolution of the disputes; the Competent Court is the Istanbul courts and enforcement offices.
The consumer accepts and declares that he/she has received a copy of all the information such as the qualification, sale venue, payment option, and information about the performance of the hereby service which are written in the (reservation) registration form, preliminary information form, and the website promotion page; and accepts and undertakes that he/she has read and has the information and gives the necessary confirmation in electronic environment.