Passenger Agreement
TURİLLA TRAVEL
GENERAL PARTICIPATION TERMS, PACKAGE TOUR AGREEMENT AND PASSENGER INFORMATION TEXT
Please read the entire agreement carefully.
This agreement regulates the general participation terms, and the rights and obligations of the parties, regarding domestic and international tours, package tours, tours with accommodation, day tours, and the transportation, accommodation, guiding, transfer, sightseeing, activity and other services related thereto, organized or offered for sale by Turilla Travel.
The party referred to in this agreement as the "Agency" or "Turilla Travel" is TURİLLA TRAVEL TURİZM PAZARLAMA LİMİTED ŞİRKETİ, and the party referred to as the "Participant" or "Consumer" is the person who makes the reservation or on whose behalf the reservation is made.
This agreement shall be evaluated together with the package tour agreement, tour program, preliminary information form, price and payment information, KVKK Clarification Text, insurance policy and, if any, special terms separately issued for the relevant tour.
Mandatory provisions of the legislation are reserved. The fact that any provision contained in this agreement is contrary to the legislation or invalid shall not affect the validity of the other provisions.
ARTICLE 1 – PARTIES AND CONSUMER INFORMATION
Participant's Full Name:
Turkish ID / Passport No:
Date of Birth:
Telephone:
E-mail:
The Participant is obliged to provide complete, accurate and up-to-date information concerning themselves and the persons with whom they will travel.
ARTICLE 2 – RESERVATION AND ACCURACY OF INFORMATION
For the reservation to be finalized, the Participant must provide their full name, Turkish ID number or passport information, date of birth, telephone number and other required information completely and accurately.
The Participant is responsible for any insurance, accommodation, transportation, border crossing, official procedure and other consequences that may arise from providing incomplete, incorrect, false or outdated information.
A person making a reservation on behalf of more than one person is obliged to check the accuracy of the information provided.
The Participant accepts that special requests communicated during the reservation shall become part of the agreement only if they are expressly accepted by the Agency in writing or electronically.
ARTICLE 3 – ELECTRONIC RESERVATION AND CONFIRMATION
Reservations, payments, confirmations and information carried out through the website, online reservation system, e-mail, SMS, WhatsApp, social media messages, electronic payment systems and other permanent data storage media shall be deemed written/electronic transactions within the scope of the relevant legislation.
The Participant is obliged to review the agreement, preliminary information, tour program, price, payment, cancellation and other terms sent to them electronically.
Reservation records, payment records, messages, e-mails, call records, system records and other electronic records obtained lawfully may be used as evidence in disputes.
This article may not be interpreted in a manner that eliminates the consumer's statutory rights of proof and evidence.
ARTICLE 4 – PACKAGE TOUR AND SCOPE OF SERVICES
The services included in the package tour are expressly specified in the tour program.
Services not included in the tour price are separately specified in the tour program or preliminary information form.
Unless expressly stated otherwise, personal expenses, museum and archaeological site entrance fees, cable cars, boats, extra tours and activities, lunches, alcoholic/special beverages, international departure fees, visa fees and similar personal or additional expenses are not included in the tour price.
If the Participant voluntarily does not benefit from any service, does not use the service or is late, no separate refund shall be made for unused services, without prejudice to the rights arising from the legislation.
ARTICLE 5 – SEATING ARRANGEMENT
Seats may be determined by taking into account the order of reservation, vehicle capacity and operational planning.
A specific seat number is not guaranteed at the time of reservation.
The seating arrangement may be changed due to a vehicle change, technical necessity, safety, operational or transportation conditions.
The inability to fulfill the Participant's preference for a specific seat shall not, by itself, constitute grounds for a refund or compensation, provided that it does not create an additional right under the legislation.
All seats inside the vehicle are subject to the standards determined by the vehicle manufacturer and the transportation service.
ARTICLE 6 – TRANSPORTATION SERVICE
The transportation service may be provided by the vehicle or authorized carriers specified in the tour program.
The Agency may use independent carriers in the actual performance of the transportation service, provided that its responsibilities imposed by legislation are reserved.
Delays or vehicle changes may occur in the transportation service due to vehicle breakdowns, traffic, accidents, road conditions, weather conditions, official inspections or reasons beyond the carrier's control.
The Agency cannot be held responsible for third-party events that cannot be attributed to it and for which its liability does not arise under the legislation.
The Agency's legal rights of recourse are reserved with regard to damages arising from the transportation service and caused by the fault of the relevant carrier.
ARTICLE 7 – RULES INSIDE THE VEHICLE
Seat belts must be worn throughout the journey.
Standing up while the vehicle is moving, walking around inside the vehicle or engaging in behavior that may distract the driver is prohibited.
Alcoholic beverages may not be consumed inside the vehicle.
Keeping or using drugs or illegal substances inside the vehicle is prohibited.
Loud conversations, music, arguments or similar behavior that may disturb other passengers are not permitted.
It is mandatory not to speak loudly during the guide's narration and to avoid behavior that disrupts the tour flow.
The consumption of sunflower seeds, shellfish, strong-smelling foods and products that may disturb other passengers may not be permitted by the operator or carrier.
Power outlets inside the vehicle may only be used to charge low-power personal devices permitted by the manufacturer and carrier. The use of devices that consume high power or pose a safety risk is prohibited.
Refreshments and materials inside the vehicle may not be taken outside the vehicle.
ARTICLE 8 – LUGGAGE AND PERSONAL BELONGINGS
Large luggage may only be carried in the luggage compartment designated by the carrier. Large luggage may not be allowed inside the vehicle for safety or capacity reasons.
Sharp, piercing, flammable, explosive, dangerous or security-risk items may not be kept in hand luggage.
The Participant is responsible for safeguarding money, foreign currency, passports, identification documents, telephones, computers, tablets, cameras, jewelry and other valuables.
The Agency shall not be liable for belongings forgotten, lost or stolen in the vehicle, hotel, restaurant, rest area or visiting points, without prejudice to the liabilities that may legally be imposed on it.
For security and operational reasons, luggage may not be allowed to be opened outside the designated times.
If sightseeing takes place before hotel check-in on the first day as required by the program, access to the main luggage may not be possible. Participants are advised to keep any medicines, documents, clothing and personal belongings they may need in their hand luggage.
ARTICLE 9 – DEPARTURE, BREAK AND MEETING TIMES
The Participant must comply with the departure, break and meeting times communicated by the guide and operations staff.
If the vehicle or group is delayed due to the Participant's lateness, or if the Participant misses a service, the Participant is responsible for the resulting personal consequences, without prejudice to the Agency's statutory responsibilities.
Compensation for transfers, sightseeing or other services missed because the Participant was not present on time is not guaranteed.
Departure and return times may change depending on traffic, weather conditions, road conditions, official inspections, border crossings and other operational reasons.
ARTICLE 10 – TOUR PROGRAM AND CHANGES
The visiting points, times and durations specified in the tour program indicate the planned operation.
The order of visits may be changed due to weather conditions, road conditions, traffic, crowds, security, decisions of official authorities, natural disasters, technical breakdowns or other mandatory reasons.
The guide may operationally change the order of visits, break durations and the flow of the daily program, provided that the general structure and essential elements of the agreement are preserved.
The Agency cannot be held responsible for activities that cannot be carried out in the program due to the Participant's delay.
If a visiting point cannot be visited due to security, weather, road conditions, a decision of an official authority or force majeure, the Agency may offer an equivalent or reasonable alternative where possible.
Program changes may not be implemented in a manner that eliminates the consumer's rights arising from the legislation.
ARTICLE 11 – FORCE MAJEURE
Force majeure refers to events occurring beyond the reasonable control of the parties that could not be foreseen or prevented despite the exercise of necessary care.
These include earthquakes, floods, landslides, fires, storms, heavy snow, dense fog, epidemics, quarantine, war, threat of war, terrorist incidents, civil unrest, strikes, closure of transportation infrastructure, closure of border gates, decisions of official authorities, states of emergency, security threats, power or communication outages, cyberattacks and similar events.
The program may be changed, delayed, visits may be cancelled, or routes or services may be changed due to force majeure.
In the event of force majeure, the rights and obligations of the parties shall be determined according to the mandatory provisions of the legislation.
If the Participant is in a difficult situation, the Agency shall endeavor to provide the necessary assistance and organization to the extent prescribed by the legislation.
ARTICLE 12 – MINIMUM NUMBER OF PARTICIPANTS
If a minimum number of participants is stipulated for the tour, this number shall be stated in the tour program or preliminary information form.
If the minimum number of participants is not reached, the Agency has the right to cancel the tour or propose an alternative date/service, provided that it complies with the notification periods prescribed by the legislation.
The Participant's elective rights in this situation are subject to mandatory legislation.
ARTICLE 13 – ACCOMMODATION
Room allocation shall be made in accordance with hotel availability and operational planning.
No guarantee is given regarding the room number, floor, view or a specific room; however, this provision shall not apply if a special room feature has been expressly undertaken in writing in the reservation.
For single-occupancy accommodation requests, the single-room supplement determined for the relevant tour shall be charged.
The Participant is responsible for any damage caused to the hotel, room, belongings or facilities.
In the event of technical or operational problems originating from the hotel, the Agency shall coordinate with the service provider, provided that it fulfills its obligations under the legislation.
Accommodation facilities may be changed for mandatory operational reasons to an equivalent or higher standard. The Participant's legal rights are reserved.
ARTICLE 14 – EXTRA TOURS AND ACTIVITIES
Extra tours and activities are optional unless otherwise stated in the tour program.
The realization of extra services depends on a sufficient number of participants, weather and road conditions, the availability of the local service provider and operational conditions.
The cancellation and refund conditions for extra services purchased by the Participant shall be determined according to the nature of the relevant service and applicable legislation.
For extra services voluntarily purchased by the Participant and not attended despite being available, the non-refundable conditions of the service provider and the terms previously communicated to the Participant shall apply.
Extra tour prices may vary periodically. For extra services with variable prices, the pricing conditions communicated to the Participant before the reservation shall apply.
Participants who do not join an extra tour must remain at the waiting or meeting point determined by the guide to be safe and appropriate.
If the extra service is provided by a third party, the responsibility of the relevant service provider within its own field of activity and the Agency's obligations arising from the legislation are reserved.
ARTICLE 15 – LOCAL TRANSPORTATION, HIGHLANDS, BOATS, CABLE CARS AND NATURE ACTIVITIES
In some destinations, transportation to highlands or special areas may be provided by local cooperatives, minibuses, off-road vehicles, boats, cable cars or other third-party service providers.
In these services, vehicle or program changes may be made due to capacity, weather conditions, road conditions, technical breakdowns or official decisions.
The Participant accepts that these activities may involve risks different from standard urban transportation conditions, depending on the natural and geographical conditions of the destination.
Damages arising from the Participant's own fault shall be borne by the Participant.
The Agency reserves its right of recourse against the relevant persons with regard to damages arising from the fault of third-party service providers, without prejudice to its own statutory obligations.
ARTICLE 16 – MUSEUM, ARCHAEOLOGICAL SITE AND ENTRANCE FEES
Unless expressly stated as included in the program, museum, archaeological site, national park, cable car, boat and similar entrance fees are not included in the tour price.
The use of a Museum Card and personal entrance fees shall be borne by the Participant.
If visiting places are closed by official authorities or their entrance requirements are changed, the program may be arranged accordingly.
ARTICLE 17 – MEALS AND RESTAURANT SERVICES
Meals included in the tour price are specified in the tour program.
Meals not included are the Participant's responsibility.
During busy periods, groups at restaurants may be separated among different tables.
Menu contents may vary according to restaurant capacity and regional conditions.
Special dietary requirements, allergies or intolerances must be communicated to the Agency during the reservation. The Agency does not guarantee that the request will be met by the service provider; however, it shall forward the notified request to the relevant service provider.
ARTICLE 18 – HEALTH AND PHYSICAL FITNESS
The Participant is obliged to assess whether the tour program is suitable for their health and physical condition.
On tours involving walking, stairs, sloped terrain, highlands, nature areas, boats, cable cars or similar activities, the Participant must take their personal health condition into account.
The Participant must inform the Agency, to the extent necessary and in accordance with legislation on the protection of personal data, of existing health conditions that may affect their participation in the tour.
The Participant's responsibility for consequences arising from their own fault, an incorrect health declaration or failure to take necessary precautions is reserved.
In emergency medical situations, the Agency and guide may contact the healthcare facility or emergency assistance service they deem necessary.
ARTICLE 19 – GUESTS AGED 0–2
Depending on the characteristics of the tour, some tours may not accept babies aged 0–2.
Such a restriction shall be clearly stated in the tour program or in the information provided before the reservation.
For baby or child reservations, the Turkish ID number/passport information and exact date of birth must be provided accurately.
The Participant is responsible for any consequences that may arise in insurance, transportation, accommodation or official procedures due to incomplete or incorrect information.
ARTICLE 20 – CHILDREN AND PARTICIPANTS UNDER 18
Obtaining legal representative approval, consent forms and other documents regarding the travel of participants under 18 is the responsibility of the relevant participant/legal representative.
For international tours, any additional documents required by the relevant country for child passengers shall be obtained by the Participant.
If the Participant cannot join the trip due to missing documents, the Participant shall be responsible for the resulting consequences, without prejudice to the Agency's statutory responsibilities.
ARTICLE 21 – INTERNATIONAL TRAVEL, PASSPORTS, VISAS AND BORDER CROSSINGS
The validity and procurement of passports, identity documents, visas, residence permits, international departure fees, travel permits, consent forms and other official documents are the Participant's responsibility.
The Participant is obliged to check the entry requirements of the country they will visit in advance.
The Participant's responsibility is reserved if they cannot join the trip due to damage to their passport or identity document, validity period, photograph mismatch, lack of a visa, deportation order, international travel ban, judicial/administrative restriction or decision of an official authority.
Permission to enter or leave a country at a border gate is within the authority of the relevant official authorities.
If the Participant is refused entry to a country by official authorities or prevented from leaving a country, the Agency shall not be liable for consequences not arising from its own fault.
ARTICLE 22 – SPECIAL TERMS FOR BATUMI AND BORDER CROSSINGS
In destinations such as Batumi where travel is made using an identity document:
The identity document to be used must comply with official rules applicable on the date of travel,
The identity document must be valid and usable,
Damaged, broken, cracked or documents that will not be accepted by official authorities must not be used,
Necessary consent forms and documents for passengers under 18 must be kept ready,
International departure fees and other legal obligations must be fulfilled,
are the Participant's responsibility.
If the trip cannot take place due to decisions of the official authorities at the border gate, the Agency cannot be subject to additional compensation liability in circumstances not arising from its own fault, without prejudice to the Participant's rights arising from the legislation.
ARTICLE 23 – TRAVEL INSURANCE
Mandatory insurance required by the legislation within the scope of the package tour is subject to the relevant policy and legislation.
The scope of insurance, coverage limits, exclusions and claims procedures shall be determined according to the insurance company's policy terms.
Situations outside the insurance coverage are not covered by the insurance company.
The Participant must review the policy terms and, where necessary, apply directly to the insurance company.
The Agency does not replace the insurance company in claims or compensation requests assessed by the insurance company under the policy.
ARTICLE 24 – SPECIAL WARNING REGARDING FORCE MAJEURE AND NATURAL CONDITIONS
Especially on Black Sea, highland, nature and similar tours, certain routes or visiting points may be temporarily closed due to heavy rainfall, fog, landslides, floods, road closures, falling rocks, icing, heavy snow, storms and similar natural conditions.
In such cases, safety shall be prioritized and the program may be changed.
ARTICLE 25 – HOLIDAYS, FESTIVALS AND BUSY PERIODS
The Participant is informed that during holidays, public holidays, festivals, concerts, sporting events and similar busy periods, there may be more congestion than usual at traffic routes, border gates, museums, restaurants, hotels and visiting points.
Reasonable delays and operational changes that may arise from this congestion cannot be considered a breach of the agreement if the Agency is not at fault.
Especially upon returning from holidays, the arrival time in areas with heavy traffic, such as Istanbul, cannot be guaranteed precisely.
ARTICLE 26 – CASH AND PERSONAL EXPENSES
ATM, banking or card payment facilities may be limited on some tour routes.
Participants are advised to prepare the necessary cash or payment method for their personal expenses in advance.
The Agency is not responsible if the Participant cannot meet personal needs due to not having sufficient cash.
ARTICLE 27 – PARTICIPANT'S CONDUCT AND SAFETY OBLIGATIONS
The Participant may not engage in behavior that endangers the safety or peace of the guide, driver, Agency personnel or other participants.
Insults, threats, fights, physical assault, harassment, disturbing public order, drug use, loss of control due to excessive alcohol consumption or behavior that seriously disturbs other participants is prohibited.
An incident report may be prepared regarding a Participant who fails to comply with the rules.
If it is necessary to remove the Participant from the tour to protect safety or public order, coordination may be established with law enforcement or relevant official authorities to the extent possible.
If the Participant is removed from the tour, no refund shall be made for unused services not caused by the Agency's fault and arising from the Participant's behavior; the Participant may be responsible for their return, accommodation or other personal expenses.
This article may not be applied in a manner that violates the consumer's statutory rights.
ARTICLE 28 – DAMAGES CAUSED BY THE PARTICIPANT
Material or legal damage caused by the Participant's faulty behavior to the vehicle, hotel, restaurant, transfer vehicle, museum, archaeological site, third-party service provider or another person shall be the Participant's responsibility.
The Agency reserves its right of recourse against the Participant for documented amounts that it is required to pay due to the Participant's fault.
ARTICLE 29 – GUIDE AND OPERATIONAL AUTHORITY
Guides and operations staff may issue instructions regarding departure and meeting times, break durations, order of visits and operational practices for the safe and orderly conduct of the tour.
Participants must comply with reasonable instructions given for safety and operational purposes.
The guide's operational decisions may not be used to change the essential elements of the agreement in violation of the legislation.
ARTICLE 30 – RETURN AND DROP-OFF POINTS
At the end of the tour, participants shall be dropped off at points determined by operations and deemed safe.
For reasons of traffic, road safety, the vehicle route and operational considerations, a request to be dropped off at a different point may not be fulfilled.
A request by the Participant to be dropped off at an unsafe point or a point outside the route may be rejected by the driver or operations staff.
ARTICLE 31 – CANCELLATION AND TERMINATION
The Participant's right to terminate the package tour agreement is reserved under the relevant legislation.
For terminations made at least thirty days before the start of the package tour, a refund shall be made as prescribed by the legislation, excluding expenses arising from taxes, duties and similar legal obligations that must be paid by law.
For terminations made less than thirty days before the start of the tour, reasonable deduction rates expressly notified in this agreement and during the reservation may be applied.
If the Participant requests termination due to force majeure that they could not foresee or prevent, the mandatory provisions of the legislation shall apply.
Amounts paid to third parties that are documented and non-refundable, as well as taxes, duties and similar expenses that must legally be paid, may be taken into account to the extent permitted by the legislation within the scope of the refund.
Refunds shall be made within the periods prescribed by the relevant legislation.
Special cancellation terms applicable to discounted, promotional or specially priced products may also be applied, provided that they are clearly communicated to the Participant before the reservation and do not contradict the legislation.
ARTICLE 32 – ASSIGNMENT OF THE AGREEMENT
If the Participant cannot join the package tour, they may assign the agreement to another person, provided that the conditions prescribed by the legislation are met.
The assignment request must be notified to the Agency in writing or through a permanent data storage medium at least seven days before the start of the tour.
The assignor and assignee shall be responsible for the outstanding balance and reasonable assignment costs as prescribed by the legislation.
ARTICLE 33 – CANCELLATION OF THE TOUR BY THE AGENCY
If the Agency has to cancel the tour for reasons not attributable to the Participant, the Participant's elective rights granted by the legislation are reserved.
If cancellation occurs because the minimum number of participants has not been reached, the notification period prescribed by the legislation shall be observed.
If the tour cannot be carried out due to force majeure, the rights and obligations of the parties shall be determined according to the mandatory legislation.
ARTICLE 34 – FAILURE TO PERFORM OR IMPROPER PERFORMANCE OF THE TOUR
The Participant must immediately report any deficiency arising during the tour first to the guide, operations staff, service provider or Agency.
The Agency or service provider must be given an opportunity to remedy the reported deficiency reasonably.
The Agency may offer an equivalent alternative service where required by the legislation.
If the Participant experiences any deficiency or problem during the service, the consequences arising from failure to report the incident in a timely manner shall be assessed within the scope of the notification obligations imposed on the Participant by the legislation.
ARTICLE 35 – LIABILITY
The Agency is responsible for its own fault and the liabilities imposed on it by the legislation.
To the extent permitted by the legislation, the Agency shall be released from liability where the failure to perform or improper performance of the agreement is caused by the Participant's fault, the unforeseeable and unavoidable conduct of a third party not involved in the performance of the agreement, force majeure, or events that could not be foreseen or prevented despite all necessary care having been exercised.
Liability arising from the faults of independent service providers within their own fields of activity shall be assessed under the relevant legislation.
This article may not be interpreted in a manner that eliminates the Agency's statutory liabilities.
ARTICLE 36 – PERSONAL DATA AND KVKK
The Participant's personal data may be processed in accordance with the relevant legislation for the purposes of reservations, ticketing, accommodation, transportation, insurance, guiding, official procedures, accounting and fulfillment of legal obligations.
Where necessary, data may be shared with hotels, carriers, insurance companies, guides, transfer companies, service providers and official institutions within the scope of the legislation.
Sensitive personal data shall only be processed to the extent legally necessary and in accordance with the provisions of the KVKK.
The Participant accepts that the KVKK Clarification Text has been presented to them and that they have had the opportunity to review it.
ARTICLE 37 – USE OF PHOTOGRAPHS, VIDEOS AND IMAGES
Photographs and video recordings showing the general tour environment may be taken during the tour.
With regard to using the Participant, in a clearly recognizable manner, in advertising, commercial promotion or individual visual content, the necessary explicit consent and permissions shall additionally be obtained in accordance with the relevant legislation.
A Participant who does not consent to such use should notify the Agency in writing, where possible, before the start of the tour.
Where the Participant's explicit consent is required, such consent shall be obtained separately.
ARTICLE 38 – ENVIRONMENT AND CULTURAL VALUES
Throwing garbage into the environment, damaging natural areas or disturbing public order during the tour is prohibited.
The Participant must comply with the rules concerning the historical, cultural and natural areas visited.
Damage caused by the Participant to the environment, historical artifacts or third parties shall be their own responsibility.
ARTICLE 39 – ACCOMMODATION AND SECURITY OF PERSONAL BELONGINGS
The Participant must safely keep money, passports, electronic devices, jewelry and other valuables in the hotel room.
If a safe or security service provided by the hotel is used, the terms of the relevant facility shall apply.
ARTICLE 40 – PRICE AND PRICE CHANGES
The package tour price, including taxes, is shown in the agreement and preliminary information documents.
A price change may only be made under the conditions and within the periods permitted by the relevant legislation.
For legally permitted price changes, the reason for the change and the calculation method shall be notified to the Participant.
For international tours where the price is determined in a foreign currency, the exchange rate to be used and the payment method shall be clearly specified at the time of contracting.
ARTICLE 41 – INSURANCE AND RISKS
The Participant accepts that travel insurance does not cover all risks and that the coverage, limits and exclusions set out in the policy are valid.
Claims against the insurance company for damages not covered by the insurance shall be made according to the relevant policy terms.
ARTICLE 42 – SPECIAL SERVICE REQUESTS
The Participant's disability, baby, child, special room, special meal, health or other special requests should be communicated, to the extent possible, before the reservation.
Special requests not expressly accepted by the Agency cannot be considered guaranteed services.
ARTICLE 43 – ABANDONING THE TOUR PARTWAY
If the Participant voluntarily leaves the tour, abandons the tour partway through, does not continue with the program or ends their journey independently of the return arrangements, no refund shall be made for unused services, provided that the Agency is not at fault.
Any additional transportation, accommodation, meal or other personal expenses arising from the Participant's voluntary departure from the tour shall be borne by the Participant.
If the Participant abandons the tour partway through due to health reasons or force majeure, the relevant legislation, insurance policy and agreement provisions shall apply.
ARTICLE 44 – ECONOMIC AND OPERATIONAL CONDITIONS
During the provision of the services specified in the tour program, the capacity, working hours, occupancy rates or operational conditions of third-party service providers may change.
For changes not caused by its fault, the Agency shall endeavor to produce an alternative solution as required by the legislation.
ARTICLE 45 – PARTICIPANT'S NOTIFICATION OBLIGATION
The Participant must report any deficiency, damage, loss, health problem or significant service-related issue occurring during the tour to the guide or Agency as soon as possible.
Cases where notification is not possible are reserved.
ARTICLE 46 – OFFICIAL AUTHORITIES
The decisions and practices of customs offices, police, gendarmerie, border gates, governor's offices, district governor's offices, municipalities, national parks, museum directorates, airports and other official authorities are outside the Agency's control.
Delays, inspections, searches, entry bans, route changes or program changes arising from the decisions of these authorities shall be assessed within the framework of the relevant legislation.
ARTICLE 47 – RIGHT OF RECOURSE REGARDING LEGAL LIABILITIES
If the Agency is required to make a payment to the Participant under the legislation and it is determined that the damage arose from the fault of a third party, the Agency's rights of recourse against the relevant third party are reserved.
ARTICLE 48 – DISPUTES
The parties may first apply to the Agency in writing to resolve the dispute.
The consumer's right to apply to Consumer Arbitration Committees and Consumer Courts is reserved under the relevant legislation.
Jurisdiction rules in consumer transactions are subject to mandatory legislation.
The legislation of the Republic of Türkiye shall apply to disputes arising from this agreement.
ARTICLE 49 – EVIDENCE
The parties accept that the agreement, reservation form, payment records, bank records, POS records, e-mails, SMS, WhatsApp correspondence, website records, electronic confirmations, tour lists, vehicle and hotel records, reports and other lawfully obtained records may be used as evidence in the resolution of disputes.
This article may not be interpreted in a manner that limits the consumer's statutory rights of evidence and proof.
ARTICLE 50 – PRIORITY OF THE AGREEMENT AND ANNEXES
The tour program, preliminary information form, price and payment information, package tour agreement, general participation terms, insurance policy and KVKK texts shall be evaluated as a whole.
In the event of a conflict, the mandatory provisions of the legislation shall apply first.
The provisions of a special agreement or program regulating the specific conditions of the tour and separately provided to the Participant shall take precedence over the general terms.
ARTICLE 51 – RESERVATION OF CONSUMER RIGHTS
No provision of this agreement may be interpreted as a waiver of the rights granted to the consumer under Law No. 6502 on Consumer Protection, the Package Tour Agreements Regulation, Law No. 1618 or other mandatory legislation.
Any provision determined to be contrary to the legislation shall not be applied; the other provisions shall remain in force.
ARTICLE 52 – ACCEPTANCE AND APPROVAL
The Participant;
the tour program,
the scope of the package tour,
the price and payment terms,
the accommodation terms,
the transportation terms,
the extra services,
the cancellation and termination terms,
the passport/visa and border crossing requirements,
the insurance terms,
the general participation rules,
the KVKK Clarification Text,
the safety and conduct rules to be followed during the tour
accepts and declares that they have read these, had the opportunity to review them and made the reservation based on the information provided to them.
The Participant accepts that their information is accurate and that the consequences arising from providing incorrect or incomplete information may be their responsibility.
ARTICLE 53 – CONSUMER DECLARATION
"I have read this entire agreement, the tour program, the preliminary information text, the cancellation and termination terms, and the insurance and KVKK information; I have become informed about their contents and accept them without prejudice to my rights arising from the legislation."
ARTICLE 54 – EFFECTIVE DATE
These General Participation Terms and Package Tour Agreement shall enter into force upon the Participant's confirmation of the reservation and/or agreement.
Approval and acceptance transactions carried out electronically shall be deemed a declaration of intent regarding the formation of the agreement to the extent valid under the relevant legislation.
THIS AGREEMENT CONSISTS OF 54 ARTICLES, AND A COPY OF THE AGREEMENT SHALL BE PROVIDED TO THE PARTICIPANT ON PAPER OR THROUGH A PERMANENT DATA STORAGE MEDIUM.
