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ARTICLE 1 - PARTIES
Name
:
ALSERO TURİZM TİCARET LTD. ŞTİ.
Contact:
ARTICLE 2- SUBJECT OF THE AGREEMENT
2.1. The subject of this Distance Sales Agreement ("Agreement") is to regulate the procedures and principles concerning the Buyer's electronic reservation of tourism services offered by the Seller through the website, the payment of the service fee, the provision of the service and the determination of the rights and obligations of the parties in this context.
2.2. Services that may be offered under the Agreement include package tours, day tours, accommodation, transfers, VIP transfers, airport transfers, car rentals, boat or yacht charters, guiding services, events and organizations, ticketing services and other tourism services offered by the Seller via the website. For each reservation, the scope of the service is determined by the reservation summary, service descriptions, reservation confirmation and, if any, the special terms specific to the service.
ARTICLE 3- FORMATION OF THE AGREEMENT AND RESERVATION PROCEDURE
3 . 1 . It is essential that the name, surname, contact details, identity or passport information and other information required to complete the reservation provided by the Buyer during the reservation process be accurate, complete and up to date. The Buyer shall be responsible for consequences arising from such information being incorrect, incomplete or not up to date.
3 . 2 . The Buyer acknowledges that, prior to completing the reservation, they have the opportunity to review this Agreement, the Preliminary Information Form and the special terms relating to the reserved service electronically; that they have read and understood these documents and have expressed their intent to conclude the Agreement by electronically consenting to them.
3 . 3 . The Seller may refuse a reservation request or require additional verification for objective reasons such as technical error, insufficient availability, the service provider's failure to confirm the reservation, inability to verify the payment transaction, security reasons, legal non-compliance or suspicion of misuse contrary to the principle of good faith. In such case, the Buyer will be informed through an appropriate communication channel as soon as possible.
3 . 4 . After the reservation is finalized, the Seller shall send the reservation number and reservation details to the Buyer by e‑mail, short message (SMS) or another suitable electronic communication method. The Buyer is obliged to verify the accuracy of the reservation details within a reasonable time and to notify the Seller without delay of any error or omission. If change requests are accepted, any additional fees or costs that may arise shall be communicated to the Buyer prior to the transaction being carried out.
ARTICLE 4 – SCOPE OF SERVICE
4 . 1 . Items included in and excluded from the service fee shall be clearly and transparently communicated to the Buyer during the reservation process. Unless expressly stated otherwise, personal expenses, optional tours, minibar, room service, additional food and beverages, personal insurance, visa fees, foreign departure taxes, museum or archaeological site entrance fees and similar ancillary services are not included in the service fee. (expert advice is required at this point.)
For yacht charters and similar marine tourism services, an advance expenditure allowance called the Advance Provisioning Allowance (APA) may be applied in addition to the charter fee. APA is collected to cover fuel costs, port fees, marina fees, customs and transit log procedures, provisioning, supply of food and beverages, operational expenses incurred by the crew during the voyage and other expenses specified in the charter agreement. The scope, rate, calculation method, timing of payment and set‑off principles for expenses to be covered under the APA may be stipulated separately in the yacht charter agreement, charter party or the special terms applicable to the reservation. This Agreement shall apply together with such special provisions.
4 . 2 . The Seller shall not unilaterally change the essential elements of the service stated at the time of reservation. However, where equivalent changes are necessary due to force majeure, security, decisions of public authorities, mandatory changes in transportation infrastructure or operational reasons originating from service providers, the Buyer shall be informed in accordance with applicable law and the necessary measures shall be taken.
4 . 3 . Unless otherwise agreed in writing, obtaining the passport, identity card, visa, health documents or other official documents required by the authorities of the relevant country in order to benefit from the service shall be the responsibility of the Buyer. Information and guidance provided by the Seller are advisory in nature and do not bind or guarantee the decisions of the relevant public authorities.
4 . 4 . Services provided under this Agreement are limited to the number of persons, dates, destination and scope of service specified at the time of reservation. Additional services requested by the Buyer or changes made after the reservation are subject to the Seller's approval and, if applicable, payment of additional fees.
ARTICLE 5 – PRICING AND PAYMENT TERMS
5 .1. Prices for the services offered by the Seller are determined based on the amounts published on the website or other sales channels on the date the reservation is made and confirmed by the reservation summary. Items included in and excluded from the service fee shall be clearly and transparently communicated to the Buyer during the reservation process.
5 .2. The Buyer is obliged to pay the service fee in full and on time in accordance with the payment method selected at the time of booking.
5 .3. If payment is not made within the specified period, the Seller shall have the right, within the framework of the special terms applicable to the relevant service and the applicable law, to cancel or suspend the reservation.
5 . 4 . The Seller shall not be liable for such costs that arise beyond its control.
ARTICLE 6 – PERFORMANCE OF THE SERVICE
6 .1. The Seller undertakes to provide the service for which the reservation has been confirmed by the Buyer in accordance with the booking summary, booking confirmation, voucher (service voucher), Pre-Contract Information Form, this Agreement and the special terms relating to the service.
6 .2. The date, duration, meeting point, accommodation details, transfer times, guiding services and other operational information related to the service may be communicated to the Buyer electronically during booking or before the commencement of the service. The Buyer is obliged to examine such information carefully and to make the necessary arrangements in due time.
6 .3. Depending on the nature of the service, the Seller may perform it through its own organization or through hotels, airlines, land or sea transport operators, transfer companies, car rental companies, boat or yacht operators, guides, local agents and other service providers.
6 .4. The Buyer must be present at the date, time and meeting point specified at the time of booking in order to benefit from the service.
6 . 5 . The Buyer agrees to comply with the reasonable instructions of the Seller’s personnel, guides and service providers concerning safety, organization and the proper provision of the service during its delivery. Should the service be rendered improperly or the safety of other participants be jeopardized due to the Buyer’s non‑compliance with such instructions, the Seller reserves the right to take necessary measures in accordance with applicable law.
6 . 6 . If performance of the service is impossible or the service cannot be utilized due to reasons attributable to the Buyer, the Buyer shall be liable.
ARTICLE 7 – TRAVEL DOCUMENTS AND VISA PROCEDURES
7 .1. The Buyer is responsible for obtaining and maintaining the validity of and carrying during the trip the passport, identity card, visa, transit visa, residence or entry permit, health documents, vaccination certificates, travel insurance and any other official documents that may be required by the authorities of the relevant country in order to benefit from the reserved service.
7 .2. Unless otherwise expressly undertaken in writing by the Seller, the preparation, assessment and final decision on visa applications are at the discretion of the competent consulates or official authorities of the relevant country. The Seller does not guarantee that a visa will be issued, that entry permission will be granted or that admission to the relevant country will be permitted.
7 . 3 . Unless the Seller’s fault is established, the Seller shall not be liable for any inability to benefit from the service resulting from the Buyer’s submission of incomplete or incorrect documents or failure to meet the entry requirements of the relevant country.
7 . 4 . If competent authorities refuse the Buyer’s entry, travel or transportation, such decisions are exclusively within the authority of the relevant bodies and the Seller shall not be responsible for them.
ARTICLE 8 – PRICE CHANGES
8.1. Price changes may be applied only in cases permitted by applicable law. The reasons that may necessitate a price change are limited to the following:
a) Changes in fuel or other energy costs,
b) Changes in taxes, duties, fees and similar mandatory financial obligations related to transportation services provided within the scope of the tour,
c) Changes in the exchange rates on which the package tour price is calculated.
8 . 2 . Commissions, exchange rate differences, transaction fees and similar costs arising from banks, credit card companies, payment service providers or currency conversion systems are subject to the practices of the relevant institutions, and the Seller shall not be liable for such transactions which occur outside its control.
ARTICLE 9 – CANCELLATION AND CHANGES
9 .1. The Buyer is obliged to communicate any requests for cancellation, modification of the reservation or transfer of the rights and obligations under the reservation to another person to the Seller in writing or by means of a durable medium as soon as possible.
9 .2. The Buyer’s request to cancel the reservation shall be assessed in light of the nature of the reservation, the type of service, the cancellation terms of the service providers, the special terms relating to the reservation, the Cancellation and Refund Policy, the Package Tour Conditions and the provisions of applicable law.
9 .3. If the cancellation request is accepted, the refund, deductions, mandatory costs originating from service providers and other financial consequences shall be determined in accordance with the special terms relating to the reserved service and the Cancellation and Refund Policy.
9 .4. The Buyer may request changes to the travel date, participant information, accommodation, transportation or other aspects of the reservation. Such requests shall be evaluated by the Seller taking into account availability, approval of service providers, operational feasibility and applicable law.
9 .5. Any additional fees, price differences or mandatory costs arising from third-party service providers that may result from the acceptance of a change request shall be notified to the Buyer prior to the transaction being carried out.
ARTICLE 10 – RIGHT OF WITHDRAWAL
1 0 . 1 . Pursuant to the provisions of the Regulation on Distance Contracts governing exceptions to the right of withdrawal, the consumer does not have a right of withdrawal in respect of contracts for tourism services to be performed on a specific date or during a specific period, such as accommodation, carriage of goods, vehicle rental, provision of food and beverages, services provided for entertainment or leisure, and similar dated tourism services.
1 0 . 2 . With respect to package tour services, the consumer's rights to rescind the contract, cancel, modify, transfer, obtain refunds and other rights shall be assessed within the framework of Law No. 6502 on Consumer Protection, the Package Tour Contracts Regulation, this Agreement, Package Tour Terms and the Cancellation and Refund Policy.
10.3. For services that are not excluded from the right of withdrawal and where its exercise is permitted under applicable law, the consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying a penalty. In such cases, the Seller shall perform the necessary procedures in accordance with the relevant legal provisions.
ARTICLE 11 – FORCE MAJEURE
1 1 .1. For the purposes of this Agreement, force majeure means events that occur beyond the parties' reasonable control, that were unforeseeable at the time of the contract's formation, that could not have been prevented, and the consequences of which could not be avoided.
1 1 .2. The following events, without limitation, may be regarded as force majeure:
a) Natural disasters,
b) Epidemic or pandemic diseases,
c) War, threat of war, mobilization, acts of terrorism, or similar extraordinary events,
ç) Strikes, lockouts, widespread disruptions in transportation systems or infrastructure failures,
d) Suspension of air, sea, road or rail transport, closure of ports or airports, or significant operational restrictions,
e) Travel bans, entry/exit restrictions, changes in visa procedures or similar official decisions issued by public authorities, consulates, border security authorities or other competent authorities,
f) Widespread outages in electricity, internet, communications infrastructure or information systems that materially affect the provision of the service,
g) Other similar extraordinary events occurring beyond the parties' reasonable control that significantly impede proper performance of the contract.
1 1 . 3 . If it is not possible to provide the service as planned due to force majeure, the Seller may propose to the Buyer to change the service date, offer an equivalent alternative service, postpone the reservation or implement other solutions permitted by applicable law.
1 1 . 4 . Upon the cessation of the force majeure event, the parties shall mutually evaluate whether performance of the contract can resume. If performance objectively becomes possible, the parties shall act with reasonable cooperation regarding the continuation of the reservation.
1 1 . 5. The existence and effects of a force majeure event shall be assessed in light of the circumstances of each case and the applicable legal provisions.
ARTICLE 12 – PROTECTION OF PERSONAL DATA
1 2 .1. The Seller shall process the Buyer's personal data obtained under this Agreement in accordance with Law No. 6698 on the Protection of Personal Data ("KVKK"), the relevant secondary legislation and other applicable data protection regulations.
1 2 .2. The Buyer's personal data may be processed for purposes including the creation of the reservation, formation and performance of the contract, processing of payments, accommodation, transportation, transfers, guiding services, vehicle rental, boat or yacht charter, carrying out customer service processes, compliance with legal obligations and other related purposes.
1 2 . 3 . Detailed information regarding the personal data processing activities carried out by the Seller is made available to the Buyer via the website.
ARTICLE 13 – ELECTRONIC RECORDS AND EVIDENCE
1 3 .1. The parties agree that this Agreement may be concluded electronically and that consents given electronically shall be legally valid within the framework of applicable law.
1 3 .2. Electronic records created during reservation transactions, reservation confirmations, the Pre-Information Form, e-mail correspondence, short messages (SMS), mobile application notifications, online payment records, system logs, call center recordings, electronic transaction records and other digital data may be regarded as evidence within the scope of applicable legal provisions.
1 3 . 3 . The Buyer acknowledges that the e-mail address, mobile phone number and other contact details used during reservation transactions belong to the Buyer; and that verification procedures, consents and notifications carried out via these communication channels shall be deemed to have been made by the Buyer until proven otherwise.
ARTICLE 14 – DISPUTE RESOLUTION
1 4 .1. The law of the Republic of Turkey shall apply to disputes arising from the formation, interpretation, performance and termination of this Agreement.
1 4 .2. The Parties agree to make reasonable efforts to resolve disputes primarily through negotiation conducted in good faith and with mutual cooperation.
1 4 .3. The Buyer may initially submit requests, suggestions, complaints and objections concerning the service to the Seller via the contact channels specified on the Seller's website, the call center, the e‑mail address or other communication methods. The Seller shall endeavor to review and conclude such submissions within a reasonable period.
1 4 .4. Disputes arising from this Agreement shall be subject to the jurisdiction of the Consumer Arbitration Committees and Consumer Courts authorized under Law No. 6502 on the Protection of the Consumer, according to the amount in dispute.
MADDE 1 6 – YÜRÜRLÜK VE SON HÜKÜMLER
1 6 .1. This Distance Sales Agreement shall enter into force and become binding on the parties when the Buyer approves the Agreement electronically and completes the reservation process.
1 6 .2. The Buyer declares that they have had the opportunity to review this Agreement, the Pre-Contract Information Form and other legal documents relating to the reservation in electronic form; that they have read and understood the Agreement and have accepted it of their own free will.
1 6.3 . This Agreement has been prepared in Turkish. In the event the Agreement is prepared or translated into other languages, the Turkish text shall prevail unless otherwise provided by mandatory law.
1 6 . 4 . By completing the reservation process, the Buyer declares that they have read, understood and accepted all provisions of this Agreement in electronic form.