Distance Sales and (If Applicable) Package Tour Agreement

Legal English version aligned with Turkish Law No. 6502, Distance Contracts & Package Tour Regulations, and GDPR/KVKK. This text is a professional adaptation of the user-supplied draft.

1. Subject Matter

   This Agreement governs the mutual rights and obligations for the online purchase and performance of tour, hotel, cruise, transfer, and package tour services via www.amitaibooking.com, pursuant to Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts / Package Tours.

2. Pre-Contractual Information & Confirmation

   The Buyer confirms having reviewed service characteristics, total price, payment terms, and cancellation/withdrawal rules prior to order confirmation. No order is finalized without explicit consent. The Agreement and the Pre-Information Form are provided on a durable medium (e-mail / downloadable copy).

3. Service Characteristics & Scope

   • The service is limited to the content stated on the program/product page; items outside the scope are excluded unless agreed in writing.
   • Transfers are provided in the specified vehicle type and capacity.
   • If no standard is stated, the Agency may provide an equivalent or higher grade service without constituting non-performance.
   • Delays due to traffic, weather, road conditions, technical failures, or official restrictions beyond the Agency’s control are treated as force majeure; the Agency cannot be held liable.

4. Price, Payment & Adjustments

   • Prices are charged in the currency valid at order time; taxes included unless otherwise stated. Exchange-rate fluctuations after payment confer no claims.
   • Accepted methods: credit card, virtual POS, mail order, bank transfer (EFT).
   • Package tour prices may be adjusted only if notified ≥ 20 days before departure and the increase does not exceed 5% of the total price; otherwise the Buyer may withdraw.
   • In case of payment failure or bank rejection, the Agency may suspend service.

5. Taxes, Fees & Ancillary Charges

   • Official tax/fee increases or mandatory regulatory surcharges may be reflected to the Buyer.
   • Visa services, travel insurance, personal expenses, special room requests, and any items not expressly included are billed separately.
   • Night transfers (23:00–06:00), extra baggage, additional stops, or route changes are charged as extras.

6. Right of Withdrawal, Cancellation & Changes

   • No 14-day cooling-off right applies to services tied to a specific date/period (Law No. 6502 Art. 15/1-g).
   • Cancellation/alteration rules are stated on the product page and brochure; the Buyer accepts these before purchase.
   • Non-attendance or non-use attributable to the Buyer does not entitle a refund.
   • The TÜRSAB Kütahya Schedule may be referenced as a reasonable benchmark for services already rendered; it is not binding unless agreed.

7. Additional Rights for Package Tours

   • Material change/cancellation: For a substantial change or full cancellation by the Agency, the Buyer may (i) accept an equivalent service/tour or (ii) receive a full refund; the choice must be notified in writing within a reasonable time.
   • Transfer: The Buyer may transfer participation by written notice ≥ 7 days before departure. Transferor and transferee are jointly and severally liable.
   • Liability: The Agency is directly liable for non-conforming performance by third-party suppliers (carriers, accommodation, guides, etc.) except where force majeure applies.

8. Force Majeure & Minimum Participation

   • Force majeure includes natural disasters, epidemics, war, terrorism, strikes/lockouts, transport/technical failures, official bans, and adverse sea/weather conditions.
   • If performance becomes impossible, the Agency may offer an equivalent alternative or make a proportional refund for unperformed parts. If unsuitable, the Buyer may choose refund.
   • If the minimum participation is not met, the Agency may cancel the tour and refund all payments after notifying the Buyer.

9. Transport Rules & Carrier Liability

   • Air/sea/road transport is subject to carrier rules and international conventions (e.g., Montreal/Warsaw) and cruise line conditions.
   • Baggage loss/damage/delay is under the carrier’s liability; claims must be made directly to the carrier.
   • Hotel star/class ratings follow host-country standards, which may differ by destination.

10. Visa, Passport & Health

    • The Buyer is responsible for obtaining/maintaining valid passports, visas, IDs, vaccinations, and health certificates for the travel period.
    • Visa refusal, delay, or entry denial is subject to the product page/brochure cancellation rules.
    • The Buyer must follow official health requirements; the Agency is not liable for issues arising from non-compliance or personal health conditions.

11. Insurance

    • The Agency holds Mandatory Professional (Financial) Liability Insurance under Law No. 1618.
    • Optional travel health, trip cancellation, and baggage/personal-effects insurance are available at additional cost upon explicit consent.
    • Coverage, limits, and exclusions are determined by the insurer’s policy terms; the Agency is not responsible for disputes arising therefrom.

12. Personal Data Protection (KVKK & GDPR)

    • Identity, contact, payment, and travel data are processed solely for service performance, reservations, legal obligations, and customer care in compliance with KVKK.
    • For EU data subjects, cross-border transfers may occur as necessary for service performance under GDPR with appropriate safeguards.
    • No personal data are shared with third parties for commercial purposes without explicit consent; commercial messages require separate consent (e.g., via İYS).
    • Data subjects may exercise access/rectification/erasure and related rights by written or e-mail request to the Agency.

13. Invoicing

    • E-invoice or e-archive is issued per tax legislation and delivered electronically to the Buyer’s e-mail or registered address.
    • For corporate purchases, accuracy of tax ID, title, and address is the Buyer’s responsibility.
    • Invoices are generally issued within 7 days after payment and reservation completion.

14. Governing Law & Dispute Resolution

    • Turkish Law applies to interpretation and enforcement; mandatory consumer protections of the Buyer’s residence country are reserved.
    • Jurisdiction: Istanbul Anatolian Courts and Enforcement Offices; administrative consumer remedies (Consumer Arbitration Committees/Courts) remain available as per law.

15. Entry into Force

    By ticking “I have read, understood, and agree to the Terms and Conditions”, the Buyer accepts all provisions. The Agreement is concluded electronically upon confirmation.

Annex: Pre-Information Form (Mandatory)

© Amitai Cruises Travel Agency — This Agreement template is provided for informational and contractual use on amitaibooking.com.