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PACKAGE TOUR AGREEMENT
Package Tour Organizer: Alsero Turizm Ticaret Ltd. Şti. – ALSERO TOURS TÜRSAB Certificate No: 3142
Tour Name: Tour Code: Tour Date: Contract No: Contract Date:
ARTICLE 1 – PARTIES
1.1. Package Tour Organizer
Alsero Turizm Ticaret Ltd. Şti. Brand: ALSERO TOURS TÜRSAB Certificate No: 3142 Address: Balgat 1410 Cadde No 2/1 Çankaya - Ankara Phone: E-mail: info@alserotours.com KEP: MERSIS/Tax No: 0591401592
Hereinafter referred to as the "Organizer".
1.2. Participant
Name and Surname: T.R. ID No / Passport No: Address: Phone: E-mail:
Hereinafter referred to as the "Participant" or the "Consumer".
1.3.
A Participant who makes a reservation on behalf of more than one person is obliged to provide the necessary information regarding the other participants and to ensure that the contract and pre-contractual information are delivered to the other participants. The individual rights of the other participants arising under applicable law are reserved.
ARTICLE 2 – SUBJECT AND SCOPE OF THE AGREEMENT
2.1. The subject of this Agreement is to determine the scope, price, payment terms, performance conditions and the rights and obligations of the parties with respect to the package tour that the Participant has purchased or undertakes to purchase.
2.2. A package tour means a travel service in which at least two of the following are combined and sold or offered for sale at an inclusive price: transport, accommodation and other tourism services; and the service covers more than twenty-four hours or includes an overnight stay.
ARTICLE 3 – MAIN CHARACTERISTICS OF THE PACKAGE TOUR
The principal information relating to the package tour is as follows:
Type of Transport: [Air / Bus / Train / Ferry / Ship / Other]
ARTICLE 4 – PACKAGE TOUR PRICE AND PAYMENT
4.1. The total price of the package tour, including taxes, is TL / EUR / USD.
4.2. The total amount payable by the Participant is the total amount notified to them at the time of sale and shown in the Pre-Information Form and the Tour Information and Price Form.
4.3. The payment schedule is as follows:
4.4. In foreign package tours where the price is determined in a foreign currency, if payment is made in Turkish Lira, the source and date of the exchange rate to be applied will be communicated to the Participant at the time of booking.
4.5. Taxes, duties, fees and similar legal liabilities not included in the package tour price, as well as expenses that the Participant must cover separately, shall be expressly specified prior to the contract.
ARTICLE 5 – SERVICES INCLUDED IN AND EXCLUDED FROM THE PACKAGE TOUR PRICE
5.1. Services included in the package tour price are shown in detail in Annex-3.
5.2. Services not included in the package tour price are separately shown in Annex-3.
5.3. Unless expressly stated otherwise, passport, visa, outbound departure tax, personal expenses, minibar, room service, excess baggage, tips, personal travel insurance and services not specified as included in the program are not included in the package tour price.
5.4. Optional services that are not offered within the scope of the package tour and that the Participant wishes to purchase additionally shall be charged separately from the main package tour price.
5.5. Advance Provisioning Allowance (“APA”) in Yacht Charter Services
Where yacht charter services are offered within the scope of the package tour, an advance provisioning allowance known as Advance Provisioning Allowance (“APA”) may apply in addition to the package tour price.
APA is an advance collected to cover fuel costs, port and 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 package tour program or the yacht charter/charter agreement.
Where APA applies, the APA amount or calculation method, time of payment, scope of expenses to be covered under the APA, and the method of refund or offset of any unused balance shall be expressly set out in the package tour agreement, the yacht charter/charter agreement or the special terms relating to the package tour.
By its nature, APA is a separate advance/payment outside the package tour price and shall be offset against actual expenditures made under the APA. If there is an unused APA balance, the balance amount shall be refunded to the Participant unless otherwise agreed in the relevant contract.
Where APA applies, the APA amount or calculation method shall be clearly and intelligibly notified to the Participant separately from the total package tour price before reservation and formation of the contract.
ARTICLE 6 – TOUR PROGRAM AND PERFORMANCE OF SERVICES
6.1. The detailed program of the package tour is shown in the Detailed Tour Program.
6.2. Transportation, accommodation, guiding, visits, meals and other services included in the program shall be provided in accordance with the scope and characteristics specified in the contract.
6.3. Changes in the opening hours of museums, archaeological sites, places of worship, historical areas, restaurants, hotels, ports, airports or other facilities, security measures, official decisions, weather and road conditions or operational necessities may result in changes to the order of visits or the manner of implementation of the program.
6.4. Subject to the preservation of the essential elements of the program, the order of visits or the times of day for visits may be changed for operational reasons.
6.5. If a service included in the program cannot be provided due to compulsory reasons, an equivalent alternative service shall be provided where possible.
ARTICLE 7 – TRANSPORT AND CARRIER SERVICES
7.1. Air, road, sea and rail carrier services used within the scope of the package tour are subject to the safety, baggage, check-in and carriage rules of the relevant carrier.
7.2. Flight or transport times, routes, vehicles, services and other transport elements may be changed by the carrier for operational reasons.
7.3. If changes made by the carrier affect the essential elements of the package tour, the Participant shall be notified in accordance with applicable legislation.
7.4. In the event of loss, damage or delay of baggage, the Participant must first notify the relevant carrier and ensure that a written report is prepared.
7.5. The responsibility for safeguarding the Participant's passport, money, medication, electronic devices and other valuables rests with the Participant.
ARTICLE 8 – ACCOMMODATION
8.1. The accommodation facilities, their classification and the accommodation dates to be used within the scope of the package tour are specified in Annex-1 and Annex-2.
8.2. The classification of accommodation facilities may vary from country to country. The Participant is informed that foreign classifications may not correspond exactly to the star system used in Turkey.
8.3. In cases of necessity, an equivalent accommodation establishment located in the same area, or, insofar as possible, one of the same or higher category, may be used. If such a change affects the Participant's rights, the provisions of the applicable legislation shall apply.
8.4. Early check-in, late check-out, connecting rooms, a specific view, bed type or similar special requests shall be guaranteed only if confirmed in writing by the relevant establishment.
ARTICLE 9 – GUIDING AND TOUR PROGRAM
9.1. The scope of the tour guiding service and the guiding language are specified in Annex-1 and Annex-2.
9.2. Professional tourist guides shall be used when required by applicable legislation.
9.3. The opening hours, security procedures, restorations, official decisions or other mandatory reasons may cause changes to the opening hours of museums, archaeological sites, historic areas or other points of visit.
9.4. Provided that the general scope of the program is preserved, the order of visits may be changed for operational reasons.
ARTICLE 10 – PASSPORT, VISA AND ENTRY REQUIREMENTS
10.1. For international package tours, the Participant is obliged to obtain in a timely manner and keep valid throughout the travel period a valid passport, visa, transit visa, residence or entry permit, health certificate, vaccination certificate, travel insurance and any other documents required by the authorities of the relevant country.
10.2. Passport validity, visa requirements, entry conditions and similar official requirements are subject to the current regulations of the relevant authorities.
10.3. Any visa consultancy or document preparation assistance provided by the Organizer does not guarantee the decision of the relevant consulate or official authority.
10.4. In the event that a visa application is rejected, is delayed, necessary documents cannot be provided in time or the Participant's entry into the country is prevented by the relevant authorities, and where such situations are not due to the Organizer's fault, the rights and obligations of the parties shall be assessed under the applicable legislation and the termination and cancellation provisions of this Agreement.
ARTICLE 11 – PRE-TRAVEL INFORMATION
11.1. Depending on the nature of the package tour, the Participant shall be provided, within the time periods and procedures prescribed by law, with the start and end information of the journey, stopovers, transfers, local representative or contact point details and other necessary operational information.
11.2. For domestic tours, the necessary operational information shall be provided at least twenty-four hours before the tour start; for international tours, at least forty-eight hours before the tour start.
11.3. Where such information is already included in the contract or pre-information documents and has not changed, whether a separate repeat notification is required shall be evaluated within the framework of the applicable legislation.
11.4. Notifications may be made by electronic mail, SMS, the customer panel or other means qualifying as a durable medium.
ARTICLE 12 – PRICE CHANGE
12.1. A change in the package tour price may only be made if the possibility of a price change is expressly provided for in this Agreement.
12.2. The package tour price may only be changed due to;
a) extraordinary changes in exchange rates in international package tours,
b) extraordinary changes in fuel costs,
c) changes in taxes, duties, fees and similar legal obligations levied at ports, airports or similar locations
;
12.3. In no event shall a price change exceed five percent of the contract price.
12.4. The reason for the price change and the method of its calculation shall be notified to the Participant in writing or via a durable medium at least twenty days before the start date of the package tour.
12.5. Price changes made outside the conditions set forth in this article shall be considered material changes to the contract.
ARTICLE 13 – CHANGES TO THE ESSENTIAL ELEMENTS OF THE PACKAGE TOUR
13.1. If, prior to the start of the package tour, changes are made to the essential elements of the contract for reasons not attributable to the Participant, the change and its effect on the price shall be notified to the Participant without delay.
13.2. The Participant may accept the change or exercise the optional rights granted by law.
13.3. If the Participant does not accept the change;
a) they may participate in another package tour of equal or higher value without paying an additional fee,
b) they may opt for a lower-value package tour and request a refund of the price difference, or
c) they may withdraw from the contract without any compensation payment.
13.4. In the event of withdrawal from the contract, the amounts paid by the Participant shall be refunded within the conditions prescribed by law.
ARTICLE 14 – CANCELLATION OF THE PACKAGE TOUR BY THE ORGANIZER
14.1. The Organizer may cancel the package tour before its commencement for reasons not attributable to the Participant.
14.2. Cancellation due to failure to reach the minimum number of participants shall be notified to the Participant by the last notification date specified in the contract and within the period provided by law.
14.3. In the event of cancellation by the Organizer, the Participant's optional rights granted by law are reserved.
14.4. If an equivalent or higher-value alternative package tour is offered to the Participant, the Participant's consent shall be sought.
14.5. If the Participant does not accept the alternative tour and withdraws from the contract, the refund and other legal rights prescribed by law shall apply.
ARTICLE 15 – TERMINATION OF THE CONTRACT BY THE PARTICIPANT
15.1. The Participant may unilaterally terminate the contract prior to the commencement of the package tour by notifying the Organizer in writing or by means of a durable medium.
15.2. In the event of a cancellation notified at least thirty days before the start of the package tour, no deduction shall be made from the amount paid by the Participant except for mandatory taxes, fees and similar statutory charges.
15.3. For cancellations made less than thirty days before the start of the package tour, a deduction of a specified amount or proportion may be applied, provided that this is expressly stated in this Agreement and/or in the special conditions relating to the reservation.
15.4. Any applicable deduction shall be determined taking into account the specific characteristics of the tour, the cancellation terms of third‑party service providers and the costs actually incurred.
15.5. If the Participant cancels less than thirty days before the start of the package tour due to an unforeseeable and unavoidable circumstance or force majeure despite having exercised all due care, the refund shall be made without deduction except for mandatory taxes, fees and similar statutory charges and for non‑refundable amounts paid to third parties and documented as such.
15.6. Refunds required under this article shall be made within the time period prescribed by the applicable legislation.
ARTICLE 16 – TRANSFER OF THE PACKAGE TOUR
16.1. If the Participant is unable to continue the package tour, the Participant may transfer the contract to a third party who fulfils all conditions applicable to the package tour by notifying the Organizer in writing or by means of a durable medium at least seven days before the start of the package tour.
16.2. The transferee must meet passport, visa, age, health, insurance and other participation requirements.
16.3. Any additional costs arising from the transfer may be notified to the Participant provided they are reasonable and do not exceed the Organizer’s actual incurred cost.
16.4. The transferor and the transferee shall be jointly and severally liable for payment of the outstanding balance and any additional costs arising from the transfer as determined in accordance with applicable law.
ARTICLE 17 – INCOMPLETE OR DEFECTIVE PERFORMANCE OF THE PACKAGE TOUR
17.1. The Participant is obliged to notify the guide, local representative, independent service provider or the Organizer without delay of any deficiencies arising during the performance of the package tour.
17.2. The Organizer shall take reasonable measures to remedy the deficiency as soon as reasonably possible.
17.3. If an essential element of the package tour is not provided at all or is not provided properly, an equivalent alternative service shall be offered to the Participant at no additional cost to the Participant.
17.4. If there is a difference in value between the alternative offered and the service agreed in the contract, the Participant’s rights regarding the price difference under the applicable law are reserved.
17.5. If the Participant reasonably refuses the offered alternative arrangement, the Participant’s rights to withdraw from the contract, to a refund, to free repatriation and, where necessary, to have accommodation costs covered, under applicable law, are reserved.
ARTICLE 18 – ORGANIZER’S LIABILITY
18.1. The Organizer shall be liable for damages arising from the non‑performance or improper performance of the package tour to the extent provided by applicable law.
18.2. The fact that accommodation, transport, guiding, transfers and other services within the package tour are provided by independent service providers shall not relieve the Organizer of its liabilities arising under package travel legislation.
18.3. The liability and compensation limits set out in international conventions applicable to international carriage and mandatory provisions of law shall remain reserved.
18.4. With respect to damages caused by the Participant’s personal fault in the performance of the package tour, the relevant provisions of the applicable law shall apply.
ARTICLE 19 – FORCE MAJEURE AND UNFORESEEABLE EVENTS
19.1. Events that occur beyond the reasonable control of the parties, that could not have been foreseen or prevented at the time the contract was concluded and whose consequences cannot be avoided shall be regarded as force majeure.
19.2. Earthquake, flood, fire, storm, epidemic, war, threat of war, terrorism, sabotage, uprising, strike, closure of transport systems, closure of airports or ports, closure of borders, official travel bans, decisions of public authorities and similar extraordinary events may be considered force majeure depending on the circumstances of the specific case.
19.3. If the performance of the package tour is affected by force majeure, the rights and obligations of the parties shall be determined in accordance with the applicable legislation.
19.4. The Organizer shall not be held liable for damages resulting from force majeure or from unforeseeable and unavoidable events despite the exercise of all due care, where the conditions for exemption from liability under the applicable law are met.
19.5. However, this shall not prejudice the Participant’s rights to cancel, to refunds, to assistance and to other rights arising from mandatory provisions of law.
19.6. If the Participant is in difficulty, the Organizer and, where applicable, its local representatives shall provide prompt and reasonable assistance in accordance with the applicable law.
ARTICLE 20 – PACKAGE TOUR INSURANCE
20.1. The Organizer shall fulfil the insurance obligations required by applicable law.
20.2. The document evidencing the mandatory package tour insurance shall be delivered to the Participant in the manner prescribed by law.
20.3. The Participant shall be informed that the mandatory insurance coverage may not cover all risks such as personal health, accident, baggage, trip cancellation or repatriation.
ARTICLE 21 – PARTICIPANT’S OBLIGATIONS
The Participant;
a) to keep travel documents valid and usable,
b) to fulfil visa and entry requirements for the country,
c) to comply with meeting and departure times,
ç) to comply with the reasonable safety and organizational instructions of the guide, carrier, accommodation facility and authorized personnel,
d) to notify, to the extent necessary and as early as possible, of health conditions, mobility restrictions, allergies, special dietary needs or other particular circumstances that may affect the safe provision of the service,
e) to comply with the rules of accommodation facilities, means of transport and sites visited,
f) to refrain from conduct that may seriously endanger the peace or safety of other participants,
g) to report service deficiencies to the relevant official or to the Organizer as soon as possible so that a remedy may be provided
accepts and undertakes.
ARTICLE 22 – SPECIAL REQUESTS AND ACCESSIBILITY
22.1. Special requests notified by the Participant before booking and accepted in writing by the Organizer form an integral part of the contract.
22.2. Wheelchair use, mobility restrictions, special dietary requirements, allergies, accessible rooms, connecting rooms, child services and similar special requests are guaranteed only if confirmed by the relevant service providers.
22.3. If the Participant has special health or mobility needs, the necessary information must be provided to the Organizer prior to booking so that the service can be provided safely and appropriately.
22.4. The Organizer does not perform medical diagnoses or assessments of medical fitness.
ARTICLE 23 – COMPLAINTS, NOTIFICATION AND ASSISTANCE
23.1. The Participant shall notify the guide, local representative or the Organizer of any deficiency or non-compliance arising during the performance of the package tour as soon as possible.
23.2. If the Participant’s failure to report a deficiency in a timely manner results in the loss of a reasonable opportunity to remedy it, the situation shall be assessed according to the circumstances of the specific case.
23.3. Contact information for emergencies:
ARTICLE 24 – ELECTRONIC COMMUNICATION AND DURABLE MEDIUM
24.1. This Agreement and its annexes may be concluded electronically and delivered to the Participant via a durable medium.
24.2. Notifications sent via e-mail, SMS, the customer panel, PDF and other tools that qualify as a durable medium under the applicable legislation shall be valid within the framework of the relevant legal provisions.
24.3. Consents given electronically by the Participant, reservation records and transaction records may be used as evidence under the applicable legislation.
24.4. This article shall not be construed to eliminate the Participant’s rights to present proof and evidence arising from law.
ARTICLE 25 – PERSONAL DATA PROTECTION
25.1. The Seller shall process personal data of the Buyer obtained under this Agreement in accordance with Law No. 6698 on the Protection of Personal Data ("KVKK"), applicable secondary legislation and other applicable data protection regulations.
25.2. The Participant’s personal data may be processed for the creation of the reservation, the formation and performance of the contract, the execution of payment transactions, accommodation, transportation, transfers, guiding, car rental, boat or yacht charter, customer service processes, compliance with legal obligations and other related purposes.
25.3. Detailed information regarding the personal data processing activities carried out by the Seller is made available to the Buyer on the website.
ARTICLE 26 – COMMERCIAL ELECTRONIC MESSAGES AND USE OF IMAGES FOR PROMOTIONAL PURPOSES
26.1. Operational notifications necessary for the performance of the package tour may be sent to the Participant within the scope of reservation and service management.
26.2. Separate consents required for commercial electronic messages for campaigns, advertising, discounts, new tours or similar marketing purposes shall be obtained in accordance with applicable legislation.
26.3. Permissions for the use of photographs or video images in which the Participant is identifiable in advertising, social media, the website or other promotional activities shall be arranged separately so that they are not a precondition for the purchase of the service.
ARTICLE 27 – DISPUTE RESOLUTION
27.1. This Agreement shall be governed by the law of the Republic of Turkey.
27.2. The Parties shall make reasonable efforts to resolve disputes primarily through good-faith negotiations and mutual communication.
27.3. The Participant’s right to apply to the Consumer Arbitration Committee is reserved in accordance with the value of the dispute and applicable legislation.
27.4. For disputes outside the jurisdiction of the Consumer Arbitration Committee, the competent Consumer Courts and other competent authorities may be approached.
27.5. The Parties’ rights to resort to mediation or other alternative dispute resolution methods under applicable legislation are reserved.
27.6. This article shall not be construed to limit the Participant’s right to apply to authorities competent and authorized under consumer legislation.
ARTICLE 28 – ENTRY INTO FORCE AND FINAL PROVISIONS
28.1. This Agreement shall enter into force when the Participant approves it electronically or physically and the package tour reservation is confirmed.
28.2. This Agreement and its annexes constitute a single whole.
28.3. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of the other provisions.
28.4. In the event of any conflict between any provision of this Agreement and mandatory legislation, the provision of the mandatory legislation shall prevail.
28.5. Information contained in brochures, the Prior Information Form, the detailed tour program and other pre‑sales documents provided to the Participant shall constitute complementary parts of this Agreement to the extent they are binding under applicable legislation.
28.6. Amendments to this Agreement cannot be applied retroactively in a manner detrimental to the Participant with respect to agreements concluded previously.
28.7. This Agreement and its annexes shall be provided to the Participant on paper or via a durable medium.
28.8. This Agreement was concluded on [ ] [electronically / physically] and consists of a total of [ ] pages and [ ] annexes.
ATTACHMENTS TO THE AGREEMENT (RECOMMENDED)
ANNEX-1: Tour Information, Price and Payment Form
ANNEX-2: Detailed Tour Program
ANNEX-3: List of Included / Excluded Services
ANNEX-4: Participant and Emergency Information Form
ANNEX-5: Compulsory Package Tour Insurance Certificate
ANNEX-6: Visa, Passport and Entry Information – if applicable
ANNEX-7: Special Requests and Service Conditions – if applicable
APPROVAL OF THE PARTIES
PACKAGE TOUR ORGANIZER
Alsero Turizm Ticaret Ltd. Şti. ALSERO TOURS TÜRSAB Certificate No: 3142
Authorized Full Name:
Date:
Stamp / Signature:
PARTICIPANT / CONSUMER