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Distance Sales Contract

1- A service contract has been signed between the PARTIES OF THE CONTRACT,

 

SEBA TRAVEL TURİZM TAŞIMACILIK SANAYİ VE TİCARET LTD. ŞTİ.(hereinafter referred to as AGENCY) and the person receiving the service (hereinafter referred to as CONSUMER) by approving this agreement. 

 

2- SUBJECT OF THE CONTRACT

 

The subject of this contract covers the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on Consumer Protection - Regulation on the Procedures and Principles of Implementation of Distance Contracts, regarding the sale and performance of the hotel reservation service that the Agency sells to the Consumer. 

 

3- GENERAL PROVISIONS

 

Consumer, Agency's name, title, full address, telephone and other access information, basic characteristics of the service subject to sale, sales price including taxes, payment method, etc. All preliminary information regarding the service subject to sale, the exercise of the right of withdrawal and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He/she accepts and declares in accordance with the provisions of this contract that he/she has been informed in advance by the Agency in a clear, understandable manner and in accordance with the internet environment, confirmed this preliminary information electronically and/or by telephone or e-mail, and then approved the reservation and the contract. 
The Consumer accepts the information document regarding the reservation made through the online system and the subsequent e-mail and SMS notifications to be sent by the Agency. 
Consumers who do not have a signature on the contract but participate in the service are deemed to have accepted and undertaken the terms of the contract when the Consumer they have authorized on their behalf approves this contract. The Agency reserves the right to recourse to other Consumers. 
If the service subject to the contract is used by a person other than the Consumer, the Agency is not responsible for the person in question not accepting the performance. 
If the relevant bank or financial institution does not pay the service fee to the Agency due to the unfair or unlawful use of the Consumer's credit card by unauthorized persons after the performance of the service, the Consumer is obliged to compensate for the resulting damages. 

 

4- MUTUAL RIGHTS AND OBLIGATIONS 

 


The Agency is obliged to fulfill its duty within the time it has committed and is obliged to notify the Consumer of possible cancellation notices as soon as possible. 
If the Consumer does not accept the performance because the service he has purchased is defective, he is obliged to immediately notify the Agency and the accommodation facility in writing. Otherwise, the Consumer is deemed to have accepted the performance and used the service. If the accommodation facility does not have the specified qualifications or is not in a position to provide service, the responsibility belongs to the accommodation facility and the Agency does not have any responsibility. In this case, the Agency has the right to accommodate the consumer in a facility of the same standard or a higher category. If the Consumer does not accept such a change, he has the right to take back the price he paid for his reservation and cannot claim any compensation from the Agency. 
If force majeure prevents the contract from being realized, the party in whose name the contract is made will notify the other party immediately and in writing. If the Consumer requests cancellation in the presence of force majeure, the Agency is obliged to refund to the Consumer the price it can receive from the person or organization from which it purchased the service or mediated. The agency cannot be held responsible for the refund of the money it did not receive. In cases within the Agency's responsibility, it may compensate the Consumer for changes against the Consumer in the form of a fee or service refund in accordance with the provisions of the TÜRSAB Kütahya Schedule, or may seek compensation through additional or alternative services provided to the Consumer during the service. Purchasing and using additional or substitute services eliminates the Consumer's rights to refund and compensation. 
In case of early departure, including force majeure, on the grounds that the service is defective, the Consumer is obliged to notify the Agency representative and the hotel he/she is staying in in writing about the reasons during the performance of the service, and the refund is at the initiative of the cooperating hotel / provider. The Consumer cannot raise an objection to the Agency in this regard. The penal action to be applied will be invoiced to the Consumer. 
The consumer must first report all his/her dissatisfaction with the hotel to the hotel, and then present the hotel as the opposing party in the lawsuits and complaints he/she will file. No material or moral compensation can be claimed from the Agency in this regard. 
The difference in price increases for the early booking period and/or all periods (except for system-related errors) is not requested from the customer, and there is no refund for discounts called action by the facility. 
All responsibility for the baggage and its contents belongs to the owner, and the Agency has no responsibility for loss, theft or damage. The consumer is obliged to comply with the laws and practices governing the vehicle in which he will travel and the facility in which he will stay. 
The scope of coverage for incomplete or defective performance, damage and losses of Consumers purchasing travel insurance services is determined by the policy of the insurance company offering this service. The agency does not bear any responsibility for the content, scope or application of these guarantees. 
 

 

5- CANCELLATION, ABANDONMENT AND CHANGES

 

 

Although the agency has shown all necessary care, it may cancel the contract in cases of force majeure or arising from service providers, hotels to be accommodated or third parties that prevent the start or continuation of the service. This situation must be reported to the Consumer as soon as possible. In this case, the Consumer has no right to compensation. The cost of services not used by the Agency is refunded to the Consumer. 
If the Consumer does not notify in writing within 24 hours that he missed the start of the service he purchased and that he will accept the performance later, the Agency has the right to cancel all reservations made on behalf of the Consumer after 24 hours. In such cancellations, no refund will be made to the Consumer. 
If deemed necessary, the agency may partially or completely cancel the services it has announced or recorded up to 7 days before the start. If the consumer does not accept these changes and cancellations, he has the right to cancel his reservation and receive a full refund of the fee he paid within 10 days. 
The Consumer agrees and undertakes to pay 35% of the service fee to the Agency as cancellation compensation if he/she cancels the contract 7 days before the start of the service, and the entire amount less than 7 days before the start of the service. Date changes made by the consumer have the effect of cancellation and the prices of the service on the change date are valid. 
If it is not possible for the Consumer to continue the service he/she has purchased, the Consumer must notify the Agency in writing of the situation at least 7 days before the departure date and cancel his/her reservation, tour, hotel, etc. may transfer it to a third party by fulfilling all applicable conditions. In this case, hotel, tour, etc. The transferor and the transferee are jointly responsible for the payment of the service fee and all additional expenses arising from the transfer in question to the Agency. 
The reservation can be canceled without interruption if the consumer certifies the illness or death of himself or his first-degree relatives that prevents his usual occupation for 10 days with an official report from a full-fledged state hospital. The Consumer cannot make any claims in cases that cannot be documented with a report or are incompletely documented. 
The consumer accepts and undertakes to pay a transaction fee of 50 TL/person for each transaction for all changes to be made. 

 

6- RIGHT OF WITHDRAWAL 

 

The customer has the right to withdraw within 7 (seven) days from the date of entry into force of this contract for the performance of the contractual service to himself or to the person he designates. In order to exercise the right of withdrawal, it is mandatory to notify the Agency in writing via fax or e-mail within this period. If this right is exercised, it is mandatory to submit the original copies of the invoice of the service provided to the Consumer or the third party and the Tour registration Forms to the Agency. The service fee is refunded to the Consumer 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. 
The right of withdrawal cannot be exercised for services purchased through promotional services and early booking opportunities. 

 

7- CONFIDENTIALITY 

 


The information specified in this agreement and the information provided by the Consumer to the Agency for the purpose of payment will not be shared by the Agency with third parties, except for the existence of administrative/legal obligation. 
Credit card information is only used to obtain authorization by being securely transmitted to the relevant banks during the collection process and is never stored. All information regarding the credit card is deleted from the system after authorization. 

 

8- OTHER PROVISIONS 

 


In matters not written in this contract, Law No. 1618, TKHK No. 4077, IATA, IHA, UFTAA Convention provisions, BK., TTK, international agreements in which Turkey is included and the Statutes, Regulations, Circulars and Communiqués issued accordingly. The provisions of TÜRSAB Kütahya Schedule will be applied. 
Istanbul Anatolian Courts and Enforcement Offices are authorized to resolve disputes arising from the implementation of this agreement. 
Even if consumers cannot sign this hotel reservation contract for any reason by purchasing it by mail order, virtual POS, money order or EFT, they have learned the terms of this contract, which will be valid between the parties, through the catalogue, website or advertisements, and they have the right to accept this hotel reservation contract in accordance with the written conditions in this contract. have accepted and committed.