User Agreement
GENERAL PROVISIONS
The CUSTOMER has read the brochure containing detailed information about the qualifications of the service subject to this Agreement, the sales price and payment method and the performance; that he/she will carry his/her passport, valid for at least six months from the date of departure of the tour and with at least two blank pages for the entry and exit stamp to be printed at the border gates, valid visa and identity card for his/her stays abroad, and identity card for Cyprus tours, and that he/she will keep his/her passport, valid visa and identity card with him/her in the country of departure from Turkey or in the country of departure from Turkey if his/her departure is prevented due to any deficiency in the treatment of the passport or due to personal reasons arising from the CUSTOMER himself/herself (tax debt, lack of visa, lack of permission from any government institution, etc.).In the event that the CUSTOMER is prevented from leaving Turkey or is prevented from entering the country of departure from Turkey due to passport, visa and similar treatment deficiencies and / or contradictions in the country of departure from Turkey, no legal and / or criminal liability of the Package Tour Organizer and the AGENCY will arise; all kinds of responsibility for the baggage and its contents belong to the CUSTOMER; that the CUSTOMER is obliged to monitor and control the belongings with him/her, that the Package Tour Organizer and the AGENCY or its employees have no legal and / or criminal liability for the items that are lost, subject to theft, lost during the tour, and that he/she will not make any claims against the Package Tour Organizer and the AGENCY and / or its employees for the reasons mentioned; that he/she is obliged to comply with the laws and customs governing the facility where he/she will stay and the vehicle he/she will travel with the signature of this Agreement; the CUSTOMER will comply with the rules notified by the tour leader, facility, agency and transportation vehicle authorities regarding the service purchased, will not endanger the life and property safety/integrity of third parties and will be personally and primarily responsible for all material/material damages that may arise in case of endangering the life and property safety/integrity of third parties, otherwise the Package Tour Organizer and the AGENCY will not perform the service subject to the Contract and therefore the CUSTOMER has no right of return; The CUSTOMER agrees, declares and undertakes that the cost of extra food and beverages, personal expenses and all goods and services outside the program that the CUSTOMER will receive outside the scope of the Package Tour subject to this Agreement shall be paid by him/her; that if the CUSTOMER terminates the use of the service on the grounds that the service performed is defective, he/she shall notify the Package Tour Organizer or the AGENCY official and the hotel where he/she stays in writing of the reasons for termination in accordance with the obligation to cooperate and act diligently, otherwise he/she shall be deemed to have received and used the service.
The CUSTOMER accepts that he/she is a party to the contract on behalf of other persons who will participate in the trip together with him/her and that he/she is obliged to provide the information that will enable these persons to participate in the trip, such as name-surname, tc identity number, and that he/she is obliged and responsible for informing other participants about the preliminary information and the scope of the brochure, and that the brochure given to him/her is deemed to have been given to the participants.
The Package Tour Organizer and the AGENCY accept, declare and undertake that the information specified in the brochure and the matters regulated in this Agreement are parallel.
The fault of the CUSTOMER, an unexpected and unforeseeable behavior of a third party, force majeure (adverse weather conditions, road obstacle, strike, terrorism, fog, possibility of war, unforeseeable technical issues, etc.), the Package Tour organizer.), the occurrence of an unforeseeable and unavoidable event even though the Package Tour organizer / AGENCY / independent service provider has taken all due care and the CUSTOMER's right to compensation does not arise in these cases; If the Package Tour Organizer or the AGENCY violates the Agreement in whole or in part, the Package Tour Organizer and the AGENCY will be responsible for the damages incurred by the CUSTOMER, without prejudice to the compulsory insurance provisions defined in Law No. 1618.
In case of baggage loss and damage caused by the gross negligence of the Package Tour Organizer or the AGENCY in package tours where air transportation is included; provided that the CUSTOMER has the Package Tour Organizer or the AGENCY issue a report of loss or damage, compensation will be made according to the provisions of the Montreal Convention, which is an international convention.
In the event that the CUSTOMER is a minor; depending on the rules of the accommodation facility or the vehicle in which the CUSTOMER will travel, it may result that the CUSTOMER may not benefit from the service without a parent or legal guardian, and in such a case, the cancellation conditions of this contract will come into effect.
The CUSTOMER cannot hold the Package Tour Organizer or the AGENCY responsible for his/her own faults and negligence, such as the inability of himself/herself or his/her relatives to participate in the trip by declaring health and other excuses, and in such a case, he/she knows that the cancellation conditions in this contract will be valid.
ARTICLE 1 - PARTIES THIS AGREEMENT IS AGREED BETWEEN EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ, INCORPORATED AT THE ADDRESS OF KEMALPAŞA MAH. AĞA YOKUŞU SK. NO: 11 İÇ KAPI NO: B01 FATİH/ İSTANBUL AND THE PARTICIPANT WHOSE NAME, LAST NAME, ADDRESS AND TELEPHONE ARE IN THE BELOW AND IN THE DOCUMENTS ATTACHED TO THE AGREEMENT. (PARTICIPANT REFERS TO THE CONSUMER WHO PURCHASES OR UNDERTAKES TO PURCHASE ANY PACKAGE TOUR, ON WHOSE BEHALF OR IN FAVOR A PACKAGE TOUR IS PURCHASED OR UNDERTAKEN TO BE PURCHASED OR A PACKAGE TOUR IS PURCHASED OR UNDERTAKEN TO BE PURCHASED, OR A PACKAGE TOUR CONTRACT IS TRANSFERRED TO HIM/HER).
ARTICLE 2 - SUBJECT OF THE CONTRACT EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ AND THE PARTICIPANT WHOSE NAME, SURNAME, ADDRESS AND TELEPHONE NUMBER ARE GIVEN ABOVE HAVE ENTERED INTO THIS PACKAGE TOUR CONTRACT UNDER THE CONDITIONS DETAILED BELOW. THIS CONTRACT MAY ALSO BE ESTABLISHED IN WRITING OR AT A DISTANCE BY MEANS OF A PERMANENT DATA STORAGE DEVICE SPECIFIED IN THE LEGISLATION AS ELECTRONIC MAIL, TEXT MESSAGE, INTERNET, DISK, CD, DVD, MEMORY CARD AND ALL SIMILAR MEANS AND MEDIA. BROCHURES, INFORMATION AND ALL KINDS OF CORRESPONDENCE RELATED TO THE TOUR THAT THE PARTICIPANT WILL PARTICIPATE IN CAN ALSO BE GIVEN ON PAPER OR SENT VIA A PERMANENT DATA STORAGE DEVICE.
ARTICLE 3 - BROCHURE PRIOR TO THE EXECUTION OF THIS AGREEMENT, THE PARTICIPANT HAS BEEN PROVIDED WITH A BROCHURE FOR PRELIMINARY INFORMATION PURPOSES. THE INFORMATION CONTAINED IN THE BROCHURE MAY BE CHANGED WITH THE EXPRESS AGREEMENT OF THE PARTIES AFTER THE CONCLUSION OF THE CONTRACT, PROVIDED THAT IT IS CLEARLY STATED IN THE BROCHURE AND NOTIFIED TO THE PARTICIPANT BEFORE THE CONTRACT IS CONCLUDED.
ARTICLE 4 - CONTRACT PRICE AND PAYMENT TERMS
4.1. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ IS OBLIGED TO COLLECT THE TOTAL PRICE IN FULL WHEN REGISTERING FOR TOURS.
4.2. FOR PAYMENTS IN FOREIGN CURRENCIES SPECIFIED AS TOUR PRICE FOR INTERNATIONAL TOURS, THE EXCHANGE RATE TO BE DETERMINED BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ ON THE DAY OF PAYMENT SHALL BE APPLIED.
4.3. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ MAY APPLY PROMOTIONAL PRICING FOR SOME TRIPS AND HOTEL CLASSIFICATIONS IN THESE TRIPS, IF DEEMED NECESSARY, IN ORDER TO ELIMINATE THE RISK OF NON-REALIZATION OF SOME TRIPS THAT FALL BELOW THE TARGET PARTICIPATION. THIS SPECIAL SITUATION DOES NOT GIVE RISE TO A DISCOUNT RIGHT FOR CUSTOMERS WHO HAVE ALREADY REGISTERED FOR THE SAME TRIP.
ARTICLE 5 - IN THE PRESENCE OF THE FOLLOWING CONDITIONS, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT MAY CHANGE THE PRICE BY NOTIFYING THE PARTICIPANT IN WRITING OR WITH A PERMANENT DATA STORAGE DEVICE AT LEAST 20 DAYS BEFORE THE DEPARTURE DATE OF THE TOUR AND SPECIFYING HOW THIS CHANGE IS CALCULATED;
5.1. FOR TOURS ABROAD WHERE THE CONTRACT PRICE IS DETERMINED IN FOREIGN CURRENCY, IF THE PRICE CHANGE IS CAUSED BY UNUSUAL CHANGES IN THE FOREIGN EXCHANGE RATE. 5.2. IF THE PRICE CHANGE IS CAUSED BY UNUSUAL CHANGES IN FUEL COSTS.
5.3. THE PRICE CHANGE IS CAUSED BY CHANGES IN TAXES, DUTIES, FEES AND SIMILAR CHARGES COLLECTED AT PORTS, AIRPORTS, ETC.
ARTICLE 6 - PRE-TRIP INFORMATION EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT SHALL INFORM THE PARTICIPANT AT LEAST 24 HOURS FOR DOMESTIC TOURS AND 48 HOURS FOR INTERNATIONAL TOURS BEFORE THE START OF THE TOUR. THIS INFORMATION IS NOT MANDATORY IF THE INFORMATION IN THE BROCHURE GIVEN TO THE PARTICIPANT OR IN THE CONTRACT CONCLUDED DOES NOT CHANGE.
ARTICLE 7 - CHANGES IN THE ESSENTIAL ELEMENTS OF THE CONTRACT
7.1. IF ONE OF THE ESSENTIAL ELEMENTS OF THE CONTRACT CHANGES, THE PARTICIPANT MAY ACCEPT THIS CHANGE OR AN ALTERNATIVE TOUR OFFERED BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT.
7.2. SIGNIFICANT CHANGES MADE BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY IN THE CONTENT OF THE CONTRACT BEFORE THE START OF THE PACKAGE TOUR DUE TO REASONS NOT CAUSED BY THE PARTICIPANT, AS WELL AS THE CHANGES SPECIFIED IN ARTICLE 4 OF THIS CONTRACT.EXCEPT FOR THE PRICE CHANGES MADE FOR THE REASONS SPECIFIED IN ARTICLE 4 OF THIS AGREEMENT, OTHER PRICE CHANGES ARE CHARACTERIZED AS FUNDAMENTAL CONTRACT CHANGES.
7.3. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT SHALL IMMEDIATELY NOTIFY THE PARTICIPANT OF ANY MATERIAL CONTRACTUAL CHANGES AND THEIR EFFECT ON THE PRICE.
7.4. IF ONE OF THE ESSENTIAL ELEMENTS OF THE CONTRACT IS CHANGED, THE PARTICIPANT MAY ACCEPT SUCH CHANGE, PROVIDED THAT YOU NOTIFY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT IN WRITING OR BY PERMANENT DATA STORAGE THAT YOU DO NOT ACCEPT THE CHANGES MADE BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT, HE/SHE MAY PARTICIPATE IN ANOTHER PACKAGE TOUR OF EQUAL OR HIGHER VALUE WITHOUT PAYING AN ADDITIONAL FEE OR PARTICIPATE IN A PACKAGE TOUR OF LOWER VALUE PROVIDED THAT THE PRICE DIFFERENCE IS REFUNDED TO HIM/HER.
7.5. IN CASE OF WITHDRAWAL FROM THE CONTRACT, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY SHALL REFUND THE ENTIRE AMOUNT PAID BY THE PARTICIPANT WITHIN FOURTEEN DAYS AT THE LATEST, WITHOUT ANY DEDUCTION, FROM THE DATE OF RECEIPT OF THE NOTICE OF WITHDRAWAL FROM THE CONTRACT.
ARTICLE 8 - CANCELLATION OF PACKAGE TOUR
8.1. IF EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT CANCELS THE TOUR BEFORE THE START OF THE PACKAGE TOUR DUE TO A REASON NOT CAUSED BY THE PARTICIPANT, THE PARTICIPANT MAY EXERCISE THE RIGHTS GRANTED TO HIM IN ARTICLE 7.4.
8.2. IN CASE OF CANCELLATION OF THE PACKAGE TOUR DUE TO FAILURE TO MEET THE MINIMUM PARTICIPATION FORESEEN FOR THE ORGANIZATION OF THE PACKAGE TOUR AND IN OTHER CASES LISTED IN ARTICLE 10 OF THE CONTRACT, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY CANNOT BE HELD LIABLE FOR DAMAGES ARISING FROM THE FAILURE TO PERFORM THE CONTRACT AT ALL OR PROPERLY.
ARTICLE 9 - INCOMPLETE PERFORMANCE OF THE CONTRACT AND LIABILITY
9.1. THE PARTICIPANT MUST IMMEDIATELY NOTIFY THE INDEPENDENT SERVICE PROVIDER OR EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT OF ANY DEFICIENCIES THAT ARISE DURING THE PERFORMANCE OF THE CONTRACT. FOLLOWING SUCH NOTIFICATION, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ SHALL EXERCISE DUE DILIGENCE TO REMEDY SUCH DEFICIENCY.
9.2. IF IT IS DETERMINED THAT EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ LIABILITY COMPANY OR ITS AGENT HAS FAILED OR WILL FAIL TO FULFILL A MATERIAL OBLIGATION AFTER THE PACKAGE TOUR HAS STARTED, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT SHALL OFFER THE PARTICIPANT EQUIVALENT ALTERNATIVE ARRANGEMENTS THAT DO NOT IMPOSE ADDITIONAL COSTS ON THE PARTICIPANT FOR THE CONTINUATION OF THE PACKAGE TOUR AND COMPENSATE THE PARTICIPANT FOR THE DIFFERENCE BETWEEN THE SERVICES OFFERED AND THE SERVICES PROVIDED.
9.3. THE PARTICIPANT MAY WITHDRAW FROM THE CONTRACT BY NOT ACCEPTING THE ALTERNATIVE ARRANGEMENT. IN CASE OF WITHDRAWAL FROM THE CONTRACT, THE RIGHT OF EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ LIABILITY COMPANY OR ITS INTERMEDIARY TO DEMAND A FEE ENDS AND THE PAYMENTS MADE SHALL BE RETURNED TO THE PARTICIPANT WITHIN FOURTEEN DAYS AT THE LATEST FROM THE DATE OF WITHDRAWAL FROM THE CONTRACT. HOWEVER, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT MAY DEMAND AN APPROPRIATE COMPENSATION FROM THE PARTICIPANT FOR THE ACTS PERFORMED UP TO THAT MOMENT IN THE PROPORTION IN WHICH THE PARTICIPANT HAS BENEFITED FROM THE SERVICE.
ARTICLE 10 - RELEASE FROM LIABILITY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ LIABILITY COMPANY OR ITS AGENT CANNOT BE HELD LIABLE FOR DAMAGES ARISING FROM THE FAILURE TO PERFORM THE CONTRACT AT ALL OR PROPERLY IF THE BREACH OF CONTRACT IS CAUSED BY THE FOLLOWING CIRCUMSTANCES:
10.1. FAULT OF THE PARTICIPANT.
10.2. UNEXPECTED AND UNAVOIDABLE BEHAVIOR OF A THIRD PARTY NOT INVOLVED IN THE PERFORMANCE OF THE CONTRACT. 10.3. FORCE MAJEURE.
10.4. THE OCCURRENCE OF AN EVENT THAT EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ, ITS AGENT OR INDEPENDENT SERVICE PROVIDER COULD NOT FORESEE AND PREVENT DESPITE EXERCISING ALL DUE CARE.
10.5. THE PACKAGE TOUR IS CANCELED DUE TO THE FAILURE TO ACHIEVE THE MINIMUM PARTICIPATION FORESEEN FOR THE ORGANIZATION OF THE PACKAGE TOUR AND THE CANCELLATION HAS BEEN NOTIFIED TO THE PARTICIPANT IN WRITING OR WITH A PERMANENT DATA STORAGE DEVICE AT LEAST ONE (1) DAY BEFORE THE START OF THE PACKAGE TOUR WITHIN THE PERIOD STIPULATED IN THE CONTRACT.
ARTICLE 11 - TRANSFER OF THE CONTRACT
11.1. IF IT IS NOT POSSIBLE FOR THE PARTICIPANT TO CONTINUE THE PACKAGE TOUR, THE PARTICIPANT MAY TRANSFER THE CONTRACT TO A THIRD PARTY WHO FULFILLS ALL THE CONDITIONS APPLICABLE TO THE PACKAGE TOUR BY NOTIFYING EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT IN WRITING OR WITH A PERMANENT DATA STORAGE DEVICE AT LEAST SEVEN DAYS BEFORE THE START OF THE TOUR.
11.2. THE TRANSFEROR AND THE TRANSFEREE OF THE PACKAGE TOUR CONTRACT SHALL BE JOINTLY AND SEVERALLY LIABLE TO EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT FOR THE PAYMENT OF THE BALANCE AMOUNT AND ALL ADDITIONAL COSTS ARISING FROM SUCH TRANSFER AND THE COSTS OF CHANGING THE AIRPLANE AND / OR ANY MEANS OF TRANSPORTATION.
ARTICLE 12 - TERMINATION AND CANCELLATION CONDITIONS OF THE CONTRACT
12.1. IN CHARTER PROGRAMS WITH PRIVATE FLIGHTS, FOR CANCELLATIONS UP TO 30 DAYS BEFORE THE TOUR DEPARTURE, THE PARTICIPANT WILL BE REFUNDED THE FULL AMOUNT PAID, EXCLUDING THE COSTS ARISING FROM COMPULSORY TAXES, FEES AND SIMILAR LEGAL OBLIGATIONS. FOR CANCELLATIONS MADE BETWEEN 30 AND 15 DAYS BEFORE THE TOUR DEPARTURE, 30% OF THE TOTAL TOUR PRICE WILL BE REFUNDED TO THE PARTICIPANT, EXCLUDING THE COSTS ARISING FROM COMPULSORY TAXES, FEES AND SIMILAR LEGAL OBLIGATIONS. IF THE FEE PAID BY THE PARTICIPANT UP TO THAT MOMENT IS LESS THAN 50%, THE DIFFERENCE WILL BE COLLECTED FROM HIM/HER. THERE IS NO REFUND OF THE TOTAL TOUR PRICE FOR CANCELLATIONS MADE LESS THAN 15 DAYS BEFORE DEPARTURE.
12.2. IF THE VISA APPLICATION WAS MADE BEFORE THE PARTICIPANT'S CANCELLATION REQUEST, THE VISA FEE WILL NOT BE REFUNDED. 12.1. IN CHARTER PROGRAMS WITH PRIVATE FLIGHTS, DATE CHANGES CAN BE MADE UP TO 30 DAYS BEFORE THE TOUR DEPARTURE. NO CHANGE CAN BE MADE IF THERE IS LESS THAN 30 DAYS TO DEPARTURE. FOR TOURS WITH SCHEDULED FLIGHTS, THE CANCELLATION AND CHANGE CONDITIONS OF THE AIRLINE USED ARE VALID. SERVICE FEE IS NON-REFUNDABLE. FOR SERVICES OTHER THAN AIRLINE TICKETS, THE PROVISIONS AND DATE RANGES IN ARTICLE 12.1. WILL BE VALID. 12.2. NO CHANGES AND CANCELLATIONS CAN BE MADE FOR EARLY BOOKING PERIOD, PROMOTIONAL TOURS, OFFICIAL HOLIDAYS, RELIGIOUS AND NATIONAL HOLIDAYS.
12.3. IN THE EVENT THAT THE PARTICIPANT GIVES NOTICE OF TERMINATION LESS THAN THIRTY DAYS BEFORE THE START OF THE PACKAGE TOUR DUE TO A SITUATION OR FORCE MAJEURE THAT THE PARTICIPANT COULD NOT FORESEE AND PREVENT DESPITE TAKING ALL NECESSARY CARE AND DOCUMENTS THE SITUATION, THE MANDATORY TAX TO BE PAID, THE AMOUNT PAID BY THE PARTICIPANT SHALL BE REFUNDED TO THE PARTICIPANT WITHOUT ANY DEDUCTION, EXCEPT FOR THE EXPENSES ARISING FROM FEES AND SIMILAR LEGAL OBLIGATIONS AND THE AMOUNTS PAID TO THIRD PARTIES THAT CAN BE DOCUMENTED AND CANNOT BE REFUNDED. THOSE WHO PARTICIPATE IN THE TOUR OTHER THAN THE PARTICIPANT WHO HAS THIS FORCE MAJEURE CANNOT BENEFIT FROM THIS ARTICLE.
12.4. REFUNDS TO BE MADE UNDER THIS ARTICLE SHALL BE MADE TO THE PARTICIPANT WITHIN FOURTEEN DAYS AFTER THE NOTICE OF TERMINATION REACHES EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY.
ARTICLE 13 - FORCE MAJEURE
13.1. NATURAL DISASTERS, ADVERSE WEATHER CONDITIONS, ROAD BLOCKAGE, STRIKES, TERRORISM, CIVIL UNREST, WAR, WAR PROBABILITY, QUARANTINE PROBABILITY, UNFORESEEN TECHNICAL ISSUES, AIRCRAFT DELAYS ARE CONSIDERED AS FORCE MAJEURE BY THE PARTIES IF THEY PREVENT THE START OR CONTINUATION OF THE TRIP. WHEN THESE FORCE MAJEURE REASONS ARE ACCEPTED BY THE EMBASSIES OR OFFICIAL AUTHORITIES OF THE COUNTRY IN QUESTION, THE CANCELLATION AND REFUND CONDITIONS OF AIRLINES AND HOTELS IN ACCORDANCE WITH THIS DECLARATION ARE VALID. IN THIS PROCESS, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ AND ITS AGENT CANNOT BE HELD RESPONSIBLE FOR DAMAGES ARISING FROM THE FAILURE TO FULFILL THE CONTRACT COMPLETELY OR PROPERLY.
13.2. THE PARTICIPANT IS OBLIGED TO PROVIDE EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT WITH ANY REPORT OR DOCUMENT RECEIVED FROM THE OFFICIAL AUTHORITIES REGARDING THE FORCE MAJEURE EVENT RELATED TO HIM/HER. PARTICIPANTS WHO FAIL TO DOCUMENT OR INCOMPLETELY DOCUMENT THE FORCE MAJEURE EVENT WITHIN THE REQUIRED PERIOD CANNOT MAKE ANY REQUEST FROM EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY.
ARTICLE 14 - COMPULSORY TRAVEL INSURANCE EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT HAS INSURED ITS LIABILITIES ARISING FROM THE FAILURE TO PROVIDE THE SERVICES IT HAS UNDERTAKEN WITHIN THE SCOPE OF THE PACKAGE TOUR, INCLUDING THE BANKRUPTCY OF THE AGENCY, WITHIN THE FRAMEWORK OF THE SPECIAL AND GENERAL TERMS AND CONDITIONS OF COMPULSORY PACKAGE TOUR INSURANCE. THIS POLICY CERTIFICATE HAS BEEN DELIVERED TO THE PARTICIPANT AS AN ANNEX TO THE CONTRACT. THE PARTICIPANT IS REMINDED THAT IN CASE OF ACCIDENT AND ILLNESS, THE PARTICIPANT MAY BE INSURED TO COVER THE COSTS OF RETURNING TO THE POINT OF DEPARTURE AND ANY DAMAGES AND TREATMENT COSTS ARISING FROM ANY ACCIDENT UP TO THE POLICY LIMIT.
ARTICLE 15 - MEANS OF TRANSPORTATION AND ACCOMMODATION FACILITIES
15.1. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT IS THE INTERMEDIARY BETWEEN THE AIRLINE AND THE PASSENGERS AND IS SUBJECT TO THE HAGUE PROTOCOL DATED 28.09.1955. THE DEPARTURE TIMES OF THE PLANES, BUSES, SHIPS, BOATS, TRAINS AND OTHER MEANS OF TRANSPORTATION SPECIFIED IN THE ITINERARY ARE PREPARED ACCORDING TO THE OFFICIAL SCHEDULES OF THE RELEVANT ORGANIZATIONS. CHANGES IN THESE TIMES, DATE CHANGES AND RELATED PROGRAM CHANGES, DELAYS ARE EVENTS BEYOND THE WILL OF EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT AND THESE EVENTS ARE EVALUATED IN ACCORDANCE WITH THE RULES OF INTERNATIONAL AIRLINE LEGISLATION, INTERNATIONAL TREATIES, OTHER TRANSPORTATION LEGISLATION. THE PROVISIONS OF THE RELEVANT LEGISLATION IN FORCE, IATA, OTHER CONVENTIONS, RULES OF TRANSPORTATION LEGISLATION, INTERNATIONAL CONVENTIONS TO WHICH TURKEY IS A PARTY AND THE PROVISIONS OF THE BYLAWS, REGULATIONS AND ALL KINDS OF LEGISLATION ISSUED IN CONNECTION THEREWITH SHALL APPLY TO THE MATTERS NOT WRITTEN IN THIS AGREEMENT.
15.2. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY SHALL TAKE THE NECESSARY CARE TO ENSURE THAT ACCOMMODATION FACILITIES AND TRANSPORTATION ORGANIZATIONS PROVIDE SERVICES AT THE TIME AND QUALITY SPECIFIED IN THE TOUR PROGRAM. IN CASE OF BREAKDOWNS, ACCIDENTS AND LOSSES THAT MAY ARISE IN TRANSPORTATION VEHICLES AND ACCOMMODATION FACILITIES DUE TO EVENTS BEYOND THE WILL OF EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT AND PROBLEMS THAT MAY ARISE IN CONNECTION THEREWITH, POLITICAL EVENTS, STRIKES, CHANGES IN INTERSTATE RELATIONS, TERRORISM, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT CANNOT BE HELD RESPONSIBLE FOR ANY FAILURE TO PERFORM THE CONTRACT AT ALL OR PROPERLY DUE TO EXTRAORDINARY AND FORCE MAJEURE EVENTS SUCH AS PUBLIC MOVEMENTS, WAR PROBABILITY, NATURAL DISASTERS, ADVERSE WEATHER CONDITIONS, FOG AND UNFORESEEN TECHNICAL PROBLEMS AND/OR DUE TO THE FAULT OF THE PARTICIPANT.
15.3. FLIGHT TIMES MAY CHANGE BEFORE THE FLIGHT, ALL TIMES MUST BE CONFIRMED 48 HOURS BEFORE THE DEPARTURE DATE. PASSENGERS HAVE PURCHASED THE TOUR KNOWING THAT FLIGHT TIMES MAY CHANGE. PASSENGERS MUST REQUEST A CONFIRMATION FROM EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT 48 HOURS BEFORE THE DATE OF THE TRIP AND BE AT THE APPOINTMENT PLACE AT THE SPECIFIED TIMES. OTHERWISE, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY CANNOT BE HELD RESPONSIBLE FOR ANY PROBLEMS THAT MAY ARISE. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY SHALL NOTIFY ITS PASSENGERS AS SOON AS POSSIBLE AS SOON AS IT RECEIVES NEWS OF ANY CHANGES.
15.4. THE PARTICIPANT SHALL PAY FOR EXTRA MEALS, DRINKS AND EXTRA SERVICES TO BE TAKEN DURING THE TRIP AND AT THE HOTEL, OTHER THAN THE ACCOMMODATION SPECIFIED IN THE TOUR PROGRAM. IN ADDITION, ACCORDING TO THE LEGISLATION OF THE COUNTRY TO BE VISITED, PAYMENTS SUCH AS TAXES, CITY ENTRANCE FEES, HOTEL ACCOMMODATION TAXES, FEES, ETC. THAT SHOULD BE TAKEN FROM TOURISTS BELONG TO THE PARTICIPANT.
15.5. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY IS NOT RESPONSIBLE FOR DAMAGES, LOSSES AND LOSSES ARISING FROM THE PARTICIPANTS IN THE PLACES VISITED AND ACCOMMODATED DURING, AT THE BEGINNING AND AT THE END OF THE TRIP.
15.6. REGARDLESS OF THE TIME OF ARRIVAL AT THE HOTELS, THE CHECK-IN TIME IS 15.00 LOCAL TIME. REGARDLESS OF THE TIME OF DEPARTURE FROM THE HOTELS, THE TIME TO VACATE THE ROOMS IS 12.00 LOCAL TIME.
15.7. CHILD DISCOUNTS APPLY WHEN CHILDREN STAY WITH THEIR PARENTS IN THE SAME ROOM AS THE 3RD OR 4TH PERSON. HOWEVER, IF THEY OCCUPY A BED IN THE HOTEL AND A SEAT ON THE PLANE, THE FULL PRICE IS CHARGED.
15.8. CITY TOURS AND EXTRA TOURS MAY BE ORGANIZED ON DIFFERENT DAYS THAN THE PROGRAM, PROVIDED THAT THE CONTENT DOES NOT CHANGE. EXTRA TOUR PRICES MAY VARY ACCORDING TO THE CONTENT AND NUMBER OF PARTICIPANTS. TOURS MAY NOT BE REALIZED DUE TO WEATHER CONDITIONS OR COMPULSORY SITUATIONS, IN THIS CASE EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ WILL OFFER THE MOST SUITABLE ALTERNATIVE POSSIBLE. NO PASSENGERS ARE PICKED UP OUTSIDE THE ANNOUNCED DEPARTURE POINTS. NO SEAT NUMBER GUARANTEE IS GIVEN ON THE BUSES.
15.9. THE BAGGAGE CARRYING RIGHTS OF THE PARTICIPANTS DURING THE TRAVELS ARE DETERMINED ACCORDING TO THE LIMITS OF THE TRANSPORTATION VEHICLES THEY TRAVEL WITH. FOR BAGGAGE OVER THESE LIMITS, THE PARTICIPANT SHALL PAY THE ADDITIONAL FEE TO BE APPLIED BY THE TRANSPORTATION COMPANY.
15.10. IN THE EVENT OF ANY BAGGAGE LOSS AND/OR DAMAGE THAT MAY OCCUR DURING THE FLIGHTS WITHIN THE TRAVEL PACKAGE PURCHASED FROM EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY, THE RULES TO BE APPLIED BY THE AIRLINE COMPANY SHALL APPLY, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY SHALL NOT HAVE ANY RESPONSIBILITY.
15.11. PARTICIPANTS ARE RESPONSIBLE FOR THE SAFETY OF THEIR MONEY, JEWELRY, VALUABLES, IMPORTANT DOCUMENTS SUCH AS IDENTITY CARDS AND PASSPORTS, AND IN CASE OF LOSS, DAMAGE AND THEFT, THE RESPONSIBILITY LIES ENTIRELY WITH THE PARTICIPANT. IN TRANSPORTATION VEHICLES, BAGGAGE TRANSPORTATION RULES DETERMINED BY THE RELEVANT AND/OR OFFICIAL ORGANIZATIONS ARE VALID. IN CASE OF VIOLATION OF THE RULES, THE PARTICIPANT IS RESPONSIBLE FOR THE PENALTIES INCURRED AND EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY IS NOT RESPONSIBLE.
15.12. THE PARTICIPANT IS RESPONSIBLE FOR THE BAGGAGE AND PERSONAL BELONGINGS AT EVERY STAGE OF THE TRIP, EXCEPT FOR AIR TRAVEL WITHIN THE TRAVEL PACKAGE.
15.13. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ AND/OR ITS INTERMEDIARY CANNOT BE HELD RESPONSIBLE FOR THE EXPENSES INCURRED IN RELATION TO VALUABLE ITEMS AND DOCUMENTS SUCH AS PASSPORTS, ID CARDS, AIRLINE TICKETS, ETC. LOST DURING THE TRIP.
ARTICLE 16 - VISA PARTICIPANTS ARE RESPONSIBLE FOR HAVING THE NECESSARY VISAS READY FOR INTERNATIONAL TRIPS. IF EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT IS REQUESTED TO FOLLOW UP THE VISA PROCEDURES, YOU MUST HAVE A PASSPORT VALID FOR AT LEAST 6 MONTHS AND AT LEAST 16 DAYS BEFORE THE DEPARTURE DATE OF THE TOUR WITH THE NECESSARY DOCUMENTS, VISA AND SERVICE FEES MUST BE PAID BY THE PARTICIPANTS AND MUST BE APPLIED TO EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR INTERMEDIARY. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT IS ONLY AN INTERMEDIARY IN VISA PROCEDURES AND HAS NO RESPONSIBILITY IN CASE OF VISA NOT GRANTED BY THE CONSULATES. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY IS NOT RESPONSIBLE FOR ANY DELAYS AND DOCUMENT DEFICIENCIES. THE DATE AND CONTENT OF THE VISA OBTAINED BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT MUST BE CHECKED BY THE PARTICIPANT. ANY CHANGES IN THE VISA FEES UNTIL THE TOUR DEPARTURE DATE WILL BE REFLECTED TO THE PARTICIPANTS AND THE DIFFERENCES WILL BE COLLECTED. DURING VISA APPLICATIONS, IF NECESSARY, CONSULATES OF OTHER COUNTRIES THAT ARE PARTY TO THE SCHENGEN AGREEMENT TO WHICH THE COUNTRY OF TRAVEL IS A PARTY CAN ALSO BE APPLIED, THIS IS IN THE INTEREST OF THE PARTICIPANTS FOR THE POSITIVE CONCLUSION OF THE VISA PROCEDURES. IN CASE OF FAILURE TO OBTAIN A VISA, THE CANCELLATION CONDITIONS IN THIS AGREEMENT APPLY AND THERE IS NO REFUND OR COMPENSATION OTHER THAN AS SET OUT IN THESE PROVISIONS. NO PAYMENT WILL BE MADE TO THE PARTICIPANTS WHO ARE NOT ALLOWED TO LEAVE TURKEY OR WHO ARE NOT ALLOWED TO ENTER THE COUNTRY OF TRAVEL FOR ANY REASON, EVEN IF A VISA HAS BEEN OBTAINED, AND EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY IS NOT RESPONSIBLE FOR THIS SITUATION. IF THE PARTICIPANT DECLARES THAT HE/SHE HAS A VISA FOR THE COUNTRY OF DESTINATION OR STATES THAT HE/SHE WILL FOLLOW THE VISA PROCEDURES HIMSELF/HERSELF, IN THIS CASE, ALL RESPONSIBILITY LIES WITH THE PARTICIPANT, THE PARTICIPANT CANNOT TERMINATE THE CONTRACT BY CLAIMING THAT THE VISA PROCEDURES HAVE NOT TAKEN PLACE, THE RESPONSIBILITY WILL BELONG TO THE PARTICIPANT.
ARTICLE 17 - OTHER PROVISIONS
17.1. THE DAY DURATIONS OF THE TOURS ARE GIVEN ACCORDING TO THE CALENDAR DAY. START AND END DAYS INDICATE THE NUMBER OF DAYS OF THE TOUR REGARDLESS OF THE TIME OF THE DAY.
17.2. PASSENGERS ARE REQUIRED TO HAVE THEIR PASSPORTS AND IDENTITY CARDS WITH THEM DURING ENTRY AND EXIT IN RELATION TO FORMALITIES AT CUSTOMS. PARTICIPANTS ARE RESPONSIBLE FOR ANY POSSIBLE PROBLEMS ARISING FROM ANY DEFICIENCY IN THE TREATMENT OF THE PASSPORT AND ANY DELAYS AND CANCELLATIONS DUE TO THIS. IN THIS CASE, THE PARTICIPANT LOSES ALL RIGHTS RELATED TO THE TRIP.
17.3. PARENTS OF PASSENGERS UNDER THE AGE OF 18 PARTICIPATING IN THE TOUR ARE OBLIGED TO KEEP AND PRESENT THEIR LEGAL DOCUMENTS.
17.4. IT IS THE DUTY OF CARE OF THE GOOD-FAITH CONSUMER TO INFORM THE AUTHORIZED PERSON IN WRITING DURING THE PERFORMANCE OF THE SERVICE ABOUT THE ISSUES THAT THE PARTICIPANTS COMPLAIN ABOUT. IF THE PARTICIPANT USES THE SERVICE TO THE END EVEN IF HE/SHE HAS A COMPLAINT, IT ELIMINATES HIS/HER RIGHTS TO COMPENSATION SUCH AS SUBSTITUTE SERVICE AND REFUND OF THE PRICE REGARDING THE ISSUES HE/SHE COMPLAINS ABOUT.
17.5. THIS CONTRACT HAS BEEN PREPARED TO DETERMINE THE SCOPE OF THE SERVICE TO BE PROVIDED TO THE PARTICIPANT, IT DOES NOT REPLACE INVOICES AND RECEIPTS AND DOES NOT MEAN THAT THE TOUR PRICE HAS BEEN PAID.
17.6. THE PERSONS WHO WILL PARTICIPATE IN THE TRIP NAMED IN THE CONTRACT ARE DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED THE ARTICLES OF THE CONTRACT, EVEN IF THEIR REGISTRATION PROCEDURES ARE MADE AND SIGNED BY SOMEONE ELSE.
17.7. THIS AGREEMENT HAS BEEN DRAWN UP, NEGOTIATED AND SIGNED WITH THE FREE WILL OF THE PARTIES AND BY READING ALL ARTICLES.
ARTICLE 18 - COMMERCIAL ELECTRONIC TRANSMISSION
18.1. THE CUSTOMER CONSENTS TO ALL KINDS OF COMMERCIAL ELECTRONIC COMMUNICATIONS TO BE SENT TO HIM BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ. IN THIS CONTEXT, THE CUSTOMER HEREBY CONSENTS TO ALL COMMERCIAL ELECTRONIC COMMUNICATIONS SENT TO HIM/HER BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ THROUGH AUTOMATED CALLING SYSTEMS SUCH AS FAX, ELECTRONIC MAIL, SHORT MESSAGE, ETC. THAT WORK WITHOUT PERSONAL INTERVENTION OR ANY OTHER COMMUNICATION MEANS WITHOUT ANY OTHER PRIOR CONSENT FROM THE CUSTOMER, ALL KINDS OF ELECTRONIC MESSAGES/SMS/FAXES ETC. FOR THE PURPOSES OF INFORMATION, MARKETING AND/OR ADVERTISEMENT REGARDING TRANSPORTATION SERVICES, VARIOUS RENTAL WORKS AND OTHER SERVICES. ACCEPTS AND DECLARES THAT IT CAN BE SENT. THE CUSTOMER MAY, AT ANY TIME, OPT OUT OF RECEIVING ELECTRONIC COMMUNICATIONS WITHIN THE SCOPE OF THESE TERMS OF USE WITHOUT ANY JUSTIFICATION. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ MAY COMMUNICATE THIS REQUEST USING THE CONTACT INFORMATION IN THE CALL OR MESSAGE OR TO THE CONTACT ADDRESSES IN THE SELLER INFORMATION FREE OF CHARGE. FOLLOWING THE RECEIPT OF THE REQUEST, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ WILL FULFILL THIS REQUEST WITHIN 3 WORKING DAYS.
The CUSTOMER has read the brochure containing detailed information about the qualifications of the service subject to this Agreement, the sales price and payment method and the performance; that he/she will carry his/her passport, valid for at least six months from the date of departure of the tour and with at least two blank pages for the entry and exit stamp to be printed at the border gates, valid visa and identity card for his/her stays abroad, and identity card for Cyprus tours, and that he/she will keep his/her passport, valid visa and identity card with him/her in the country of departure from Turkey or in the country of departure from Turkey if his/her departure is prevented due to any deficiency in the treatment of the passport or due to personal reasons arising from the CUSTOMER himself/herself (tax debt, lack of visa, lack of permission from any government institution, etc.).In the event that the CUSTOMER is prevented from leaving Turkey or is prevented from entering the country of departure from Turkey due to passport, visa and similar treatment deficiencies and / or contradictions in the country of departure from Turkey, no legal and / or criminal liability of the Package Tour Organizer and the AGENCY will arise; all kinds of responsibility for the baggage and its contents belong to the CUSTOMER; that the CUSTOMER is obliged to monitor and control the belongings with him/her, that the Package Tour Organizer and the AGENCY or its employees have no legal and / or criminal liability for the items that are lost, subject to theft, lost during the tour, and that he/she will not make any claims against the Package Tour Organizer and the AGENCY and / or its employees for the reasons mentioned; that he/she is obliged to comply with the laws and customs governing the facility where he/she will stay and the vehicle he/she will travel with the signature of this Agreement; the CUSTOMER will comply with the rules notified by the tour leader, facility, agency and transportation vehicle authorities regarding the service purchased, will not endanger the life and property safety/integrity of third parties and will be personally and primarily responsible for all material/material damages that may arise in case of endangering the life and property safety/integrity of third parties, otherwise the Package Tour Organizer and the AGENCY will not perform the service subject to the Contract and therefore the CUSTOMER has no right of return; The CUSTOMER agrees, declares and undertakes that the cost of extra food and beverages, personal expenses and all goods and services outside the program that the CUSTOMER will receive outside the scope of the Package Tour subject to this Agreement shall be paid by him/her; that if the CUSTOMER terminates the use of the service on the grounds that the service performed is defective, he/she shall notify the Package Tour Organizer or the AGENCY official and the hotel where he/she stays in writing of the reasons for termination in accordance with the obligation to cooperate and act diligently, otherwise he/she shall be deemed to have received and used the service.
The CUSTOMER accepts that he/she is a party to the contract on behalf of other persons who will participate in the trip together with him/her and that he/she is obliged to provide the information that will enable these persons to participate in the trip, such as name-surname, tc identity number, and that he/she is obliged and responsible for informing other participants about the preliminary information and the scope of the brochure, and that the brochure given to him/her is deemed to have been given to the participants.
The Package Tour Organizer and the AGENCY accept, declare and undertake that the information specified in the brochure and the matters regulated in this Agreement are parallel.
The fault of the CUSTOMER, an unexpected and unforeseeable behavior of a third party, force majeure (adverse weather conditions, road obstacle, strike, terrorism, fog, possibility of war, unforeseeable technical issues, etc.), the Package Tour organizer.), the occurrence of an unforeseeable and unavoidable event even though the Package Tour organizer / AGENCY / independent service provider has taken all due care and the CUSTOMER's right to compensation does not arise in these cases; If the Package Tour Organizer or the AGENCY violates the Agreement in whole or in part, the Package Tour Organizer and the AGENCY will be responsible for the damages incurred by the CUSTOMER, without prejudice to the compulsory insurance provisions defined in Law No. 1618.
In case of baggage loss and damage caused by the gross negligence of the Package Tour Organizer or the AGENCY in package tours where air transportation is included; provided that the CUSTOMER has the Package Tour Organizer or the AGENCY issue a report of loss or damage, compensation will be made according to the provisions of the Montreal Convention, which is an international convention.
In the event that the CUSTOMER is a minor; depending on the rules of the accommodation facility or the vehicle in which the CUSTOMER will travel, it may result that the CUSTOMER may not benefit from the service without a parent or legal guardian, and in such a case, the cancellation conditions of this contract will come into effect.
The CUSTOMER cannot hold the Package Tour Organizer or the AGENCY responsible for his/her own faults and negligence, such as the inability of himself/herself or his/her relatives to participate in the trip by declaring health and other excuses, and in such a case, he/she knows that the cancellation conditions in this contract will be valid.
ARTICLE 1 - PARTIES THIS AGREEMENT IS AGREED BETWEEN EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ, INCORPORATED AT THE ADDRESS OF KEMALPAŞA MAH. AĞA YOKUŞU SK. NO: 11 İÇ KAPI NO: B01 FATİH/ İSTANBUL AND THE PARTICIPANT WHOSE NAME, LAST NAME, ADDRESS AND TELEPHONE ARE IN THE BELOW AND IN THE DOCUMENTS ATTACHED TO THE AGREEMENT. (PARTICIPANT REFERS TO THE CONSUMER WHO PURCHASES OR UNDERTAKES TO PURCHASE ANY PACKAGE TOUR, ON WHOSE BEHALF OR IN FAVOR A PACKAGE TOUR IS PURCHASED OR UNDERTAKEN TO BE PURCHASED OR A PACKAGE TOUR IS PURCHASED OR UNDERTAKEN TO BE PURCHASED, OR A PACKAGE TOUR CONTRACT IS TRANSFERRED TO HIM/HER).
ARTICLE 2 - SUBJECT OF THE CONTRACT EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ AND THE PARTICIPANT WHOSE NAME, SURNAME, ADDRESS AND TELEPHONE NUMBER ARE GIVEN ABOVE HAVE ENTERED INTO THIS PACKAGE TOUR CONTRACT UNDER THE CONDITIONS DETAILED BELOW. THIS CONTRACT MAY ALSO BE ESTABLISHED IN WRITING OR AT A DISTANCE BY MEANS OF A PERMANENT DATA STORAGE DEVICE SPECIFIED IN THE LEGISLATION AS ELECTRONIC MAIL, TEXT MESSAGE, INTERNET, DISK, CD, DVD, MEMORY CARD AND ALL SIMILAR MEANS AND MEDIA. BROCHURES, INFORMATION AND ALL KINDS OF CORRESPONDENCE RELATED TO THE TOUR THAT THE PARTICIPANT WILL PARTICIPATE IN CAN ALSO BE GIVEN ON PAPER OR SENT VIA A PERMANENT DATA STORAGE DEVICE.
ARTICLE 3 - BROCHURE PRIOR TO THE EXECUTION OF THIS AGREEMENT, THE PARTICIPANT HAS BEEN PROVIDED WITH A BROCHURE FOR PRELIMINARY INFORMATION PURPOSES. THE INFORMATION CONTAINED IN THE BROCHURE MAY BE CHANGED WITH THE EXPRESS AGREEMENT OF THE PARTIES AFTER THE CONCLUSION OF THE CONTRACT, PROVIDED THAT IT IS CLEARLY STATED IN THE BROCHURE AND NOTIFIED TO THE PARTICIPANT BEFORE THE CONTRACT IS CONCLUDED.
ARTICLE 4 - CONTRACT PRICE AND PAYMENT TERMS
4.1. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ IS OBLIGED TO COLLECT THE TOTAL PRICE IN FULL WHEN REGISTERING FOR TOURS.
4.2. FOR PAYMENTS IN FOREIGN CURRENCIES SPECIFIED AS TOUR PRICE FOR INTERNATIONAL TOURS, THE EXCHANGE RATE TO BE DETERMINED BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ ON THE DAY OF PAYMENT SHALL BE APPLIED.
4.3. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ MAY APPLY PROMOTIONAL PRICING FOR SOME TRIPS AND HOTEL CLASSIFICATIONS IN THESE TRIPS, IF DEEMED NECESSARY, IN ORDER TO ELIMINATE THE RISK OF NON-REALIZATION OF SOME TRIPS THAT FALL BELOW THE TARGET PARTICIPATION. THIS SPECIAL SITUATION DOES NOT GIVE RISE TO A DISCOUNT RIGHT FOR CUSTOMERS WHO HAVE ALREADY REGISTERED FOR THE SAME TRIP.
ARTICLE 5 - IN THE PRESENCE OF THE FOLLOWING CONDITIONS, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT MAY CHANGE THE PRICE BY NOTIFYING THE PARTICIPANT IN WRITING OR WITH A PERMANENT DATA STORAGE DEVICE AT LEAST 20 DAYS BEFORE THE DEPARTURE DATE OF THE TOUR AND SPECIFYING HOW THIS CHANGE IS CALCULATED;
5.1. FOR TOURS ABROAD WHERE THE CONTRACT PRICE IS DETERMINED IN FOREIGN CURRENCY, IF THE PRICE CHANGE IS CAUSED BY UNUSUAL CHANGES IN THE FOREIGN EXCHANGE RATE. 5.2. IF THE PRICE CHANGE IS CAUSED BY UNUSUAL CHANGES IN FUEL COSTS.
5.3. THE PRICE CHANGE IS CAUSED BY CHANGES IN TAXES, DUTIES, FEES AND SIMILAR CHARGES COLLECTED AT PORTS, AIRPORTS, ETC.
ARTICLE 6 - PRE-TRIP INFORMATION EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT SHALL INFORM THE PARTICIPANT AT LEAST 24 HOURS FOR DOMESTIC TOURS AND 48 HOURS FOR INTERNATIONAL TOURS BEFORE THE START OF THE TOUR. THIS INFORMATION IS NOT MANDATORY IF THE INFORMATION IN THE BROCHURE GIVEN TO THE PARTICIPANT OR IN THE CONTRACT CONCLUDED DOES NOT CHANGE.
ARTICLE 7 - CHANGES IN THE ESSENTIAL ELEMENTS OF THE CONTRACT
7.1. IF ONE OF THE ESSENTIAL ELEMENTS OF THE CONTRACT CHANGES, THE PARTICIPANT MAY ACCEPT THIS CHANGE OR AN ALTERNATIVE TOUR OFFERED BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT.
7.2. SIGNIFICANT CHANGES MADE BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY IN THE CONTENT OF THE CONTRACT BEFORE THE START OF THE PACKAGE TOUR DUE TO REASONS NOT CAUSED BY THE PARTICIPANT, AS WELL AS THE CHANGES SPECIFIED IN ARTICLE 4 OF THIS CONTRACT.EXCEPT FOR THE PRICE CHANGES MADE FOR THE REASONS SPECIFIED IN ARTICLE 4 OF THIS AGREEMENT, OTHER PRICE CHANGES ARE CHARACTERIZED AS FUNDAMENTAL CONTRACT CHANGES.
7.3. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT SHALL IMMEDIATELY NOTIFY THE PARTICIPANT OF ANY MATERIAL CONTRACTUAL CHANGES AND THEIR EFFECT ON THE PRICE.
7.4. IF ONE OF THE ESSENTIAL ELEMENTS OF THE CONTRACT IS CHANGED, THE PARTICIPANT MAY ACCEPT SUCH CHANGE, PROVIDED THAT YOU NOTIFY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT IN WRITING OR BY PERMANENT DATA STORAGE THAT YOU DO NOT ACCEPT THE CHANGES MADE BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT, HE/SHE MAY PARTICIPATE IN ANOTHER PACKAGE TOUR OF EQUAL OR HIGHER VALUE WITHOUT PAYING AN ADDITIONAL FEE OR PARTICIPATE IN A PACKAGE TOUR OF LOWER VALUE PROVIDED THAT THE PRICE DIFFERENCE IS REFUNDED TO HIM/HER.
7.5. IN CASE OF WITHDRAWAL FROM THE CONTRACT, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY SHALL REFUND THE ENTIRE AMOUNT PAID BY THE PARTICIPANT WITHIN FOURTEEN DAYS AT THE LATEST, WITHOUT ANY DEDUCTION, FROM THE DATE OF RECEIPT OF THE NOTICE OF WITHDRAWAL FROM THE CONTRACT.
ARTICLE 8 - CANCELLATION OF PACKAGE TOUR
8.1. IF EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT CANCELS THE TOUR BEFORE THE START OF THE PACKAGE TOUR DUE TO A REASON NOT CAUSED BY THE PARTICIPANT, THE PARTICIPANT MAY EXERCISE THE RIGHTS GRANTED TO HIM IN ARTICLE 7.4.
8.2. IN CASE OF CANCELLATION OF THE PACKAGE TOUR DUE TO FAILURE TO MEET THE MINIMUM PARTICIPATION FORESEEN FOR THE ORGANIZATION OF THE PACKAGE TOUR AND IN OTHER CASES LISTED IN ARTICLE 10 OF THE CONTRACT, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY CANNOT BE HELD LIABLE FOR DAMAGES ARISING FROM THE FAILURE TO PERFORM THE CONTRACT AT ALL OR PROPERLY.
ARTICLE 9 - INCOMPLETE PERFORMANCE OF THE CONTRACT AND LIABILITY
9.1. THE PARTICIPANT MUST IMMEDIATELY NOTIFY THE INDEPENDENT SERVICE PROVIDER OR EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT OF ANY DEFICIENCIES THAT ARISE DURING THE PERFORMANCE OF THE CONTRACT. FOLLOWING SUCH NOTIFICATION, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ SHALL EXERCISE DUE DILIGENCE TO REMEDY SUCH DEFICIENCY.
9.2. IF IT IS DETERMINED THAT EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ LIABILITY COMPANY OR ITS AGENT HAS FAILED OR WILL FAIL TO FULFILL A MATERIAL OBLIGATION AFTER THE PACKAGE TOUR HAS STARTED, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT SHALL OFFER THE PARTICIPANT EQUIVALENT ALTERNATIVE ARRANGEMENTS THAT DO NOT IMPOSE ADDITIONAL COSTS ON THE PARTICIPANT FOR THE CONTINUATION OF THE PACKAGE TOUR AND COMPENSATE THE PARTICIPANT FOR THE DIFFERENCE BETWEEN THE SERVICES OFFERED AND THE SERVICES PROVIDED.
9.3. THE PARTICIPANT MAY WITHDRAW FROM THE CONTRACT BY NOT ACCEPTING THE ALTERNATIVE ARRANGEMENT. IN CASE OF WITHDRAWAL FROM THE CONTRACT, THE RIGHT OF EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ LIABILITY COMPANY OR ITS INTERMEDIARY TO DEMAND A FEE ENDS AND THE PAYMENTS MADE SHALL BE RETURNED TO THE PARTICIPANT WITHIN FOURTEEN DAYS AT THE LATEST FROM THE DATE OF WITHDRAWAL FROM THE CONTRACT. HOWEVER, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT MAY DEMAND AN APPROPRIATE COMPENSATION FROM THE PARTICIPANT FOR THE ACTS PERFORMED UP TO THAT MOMENT IN THE PROPORTION IN WHICH THE PARTICIPANT HAS BENEFITED FROM THE SERVICE.
ARTICLE 10 - RELEASE FROM LIABILITY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ LIABILITY COMPANY OR ITS AGENT CANNOT BE HELD LIABLE FOR DAMAGES ARISING FROM THE FAILURE TO PERFORM THE CONTRACT AT ALL OR PROPERLY IF THE BREACH OF CONTRACT IS CAUSED BY THE FOLLOWING CIRCUMSTANCES:
10.1. FAULT OF THE PARTICIPANT.
10.2. UNEXPECTED AND UNAVOIDABLE BEHAVIOR OF A THIRD PARTY NOT INVOLVED IN THE PERFORMANCE OF THE CONTRACT. 10.3. FORCE MAJEURE.
10.4. THE OCCURRENCE OF AN EVENT THAT EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ, ITS AGENT OR INDEPENDENT SERVICE PROVIDER COULD NOT FORESEE AND PREVENT DESPITE EXERCISING ALL DUE CARE.
10.5. THE PACKAGE TOUR IS CANCELED DUE TO THE FAILURE TO ACHIEVE THE MINIMUM PARTICIPATION FORESEEN FOR THE ORGANIZATION OF THE PACKAGE TOUR AND THE CANCELLATION HAS BEEN NOTIFIED TO THE PARTICIPANT IN WRITING OR WITH A PERMANENT DATA STORAGE DEVICE AT LEAST ONE (1) DAY BEFORE THE START OF THE PACKAGE TOUR WITHIN THE PERIOD STIPULATED IN THE CONTRACT.
ARTICLE 11 - TRANSFER OF THE CONTRACT
11.1. IF IT IS NOT POSSIBLE FOR THE PARTICIPANT TO CONTINUE THE PACKAGE TOUR, THE PARTICIPANT MAY TRANSFER THE CONTRACT TO A THIRD PARTY WHO FULFILLS ALL THE CONDITIONS APPLICABLE TO THE PACKAGE TOUR BY NOTIFYING EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT IN WRITING OR WITH A PERMANENT DATA STORAGE DEVICE AT LEAST SEVEN DAYS BEFORE THE START OF THE TOUR.
11.2. THE TRANSFEROR AND THE TRANSFEREE OF THE PACKAGE TOUR CONTRACT SHALL BE JOINTLY AND SEVERALLY LIABLE TO EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT FOR THE PAYMENT OF THE BALANCE AMOUNT AND ALL ADDITIONAL COSTS ARISING FROM SUCH TRANSFER AND THE COSTS OF CHANGING THE AIRPLANE AND / OR ANY MEANS OF TRANSPORTATION.
ARTICLE 12 - TERMINATION AND CANCELLATION CONDITIONS OF THE CONTRACT
12.1. IN CHARTER PROGRAMS WITH PRIVATE FLIGHTS, FOR CANCELLATIONS UP TO 30 DAYS BEFORE THE TOUR DEPARTURE, THE PARTICIPANT WILL BE REFUNDED THE FULL AMOUNT PAID, EXCLUDING THE COSTS ARISING FROM COMPULSORY TAXES, FEES AND SIMILAR LEGAL OBLIGATIONS. FOR CANCELLATIONS MADE BETWEEN 30 AND 15 DAYS BEFORE THE TOUR DEPARTURE, 30% OF THE TOTAL TOUR PRICE WILL BE REFUNDED TO THE PARTICIPANT, EXCLUDING THE COSTS ARISING FROM COMPULSORY TAXES, FEES AND SIMILAR LEGAL OBLIGATIONS. IF THE FEE PAID BY THE PARTICIPANT UP TO THAT MOMENT IS LESS THAN 50%, THE DIFFERENCE WILL BE COLLECTED FROM HIM/HER. THERE IS NO REFUND OF THE TOTAL TOUR PRICE FOR CANCELLATIONS MADE LESS THAN 15 DAYS BEFORE DEPARTURE.
12.2. IF THE VISA APPLICATION WAS MADE BEFORE THE PARTICIPANT'S CANCELLATION REQUEST, THE VISA FEE WILL NOT BE REFUNDED. 12.1. IN CHARTER PROGRAMS WITH PRIVATE FLIGHTS, DATE CHANGES CAN BE MADE UP TO 30 DAYS BEFORE THE TOUR DEPARTURE. NO CHANGE CAN BE MADE IF THERE IS LESS THAN 30 DAYS TO DEPARTURE. FOR TOURS WITH SCHEDULED FLIGHTS, THE CANCELLATION AND CHANGE CONDITIONS OF THE AIRLINE USED ARE VALID. SERVICE FEE IS NON-REFUNDABLE. FOR SERVICES OTHER THAN AIRLINE TICKETS, THE PROVISIONS AND DATE RANGES IN ARTICLE 12.1. WILL BE VALID. 12.2. NO CHANGES AND CANCELLATIONS CAN BE MADE FOR EARLY BOOKING PERIOD, PROMOTIONAL TOURS, OFFICIAL HOLIDAYS, RELIGIOUS AND NATIONAL HOLIDAYS.
12.3. IN THE EVENT THAT THE PARTICIPANT GIVES NOTICE OF TERMINATION LESS THAN THIRTY DAYS BEFORE THE START OF THE PACKAGE TOUR DUE TO A SITUATION OR FORCE MAJEURE THAT THE PARTICIPANT COULD NOT FORESEE AND PREVENT DESPITE TAKING ALL NECESSARY CARE AND DOCUMENTS THE SITUATION, THE MANDATORY TAX TO BE PAID, THE AMOUNT PAID BY THE PARTICIPANT SHALL BE REFUNDED TO THE PARTICIPANT WITHOUT ANY DEDUCTION, EXCEPT FOR THE EXPENSES ARISING FROM FEES AND SIMILAR LEGAL OBLIGATIONS AND THE AMOUNTS PAID TO THIRD PARTIES THAT CAN BE DOCUMENTED AND CANNOT BE REFUNDED. THOSE WHO PARTICIPATE IN THE TOUR OTHER THAN THE PARTICIPANT WHO HAS THIS FORCE MAJEURE CANNOT BENEFIT FROM THIS ARTICLE.
12.4. REFUNDS TO BE MADE UNDER THIS ARTICLE SHALL BE MADE TO THE PARTICIPANT WITHIN FOURTEEN DAYS AFTER THE NOTICE OF TERMINATION REACHES EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY.
ARTICLE 13 - FORCE MAJEURE
13.1. NATURAL DISASTERS, ADVERSE WEATHER CONDITIONS, ROAD BLOCKAGE, STRIKES, TERRORISM, CIVIL UNREST, WAR, WAR PROBABILITY, QUARANTINE PROBABILITY, UNFORESEEN TECHNICAL ISSUES, AIRCRAFT DELAYS ARE CONSIDERED AS FORCE MAJEURE BY THE PARTIES IF THEY PREVENT THE START OR CONTINUATION OF THE TRIP. WHEN THESE FORCE MAJEURE REASONS ARE ACCEPTED BY THE EMBASSIES OR OFFICIAL AUTHORITIES OF THE COUNTRY IN QUESTION, THE CANCELLATION AND REFUND CONDITIONS OF AIRLINES AND HOTELS IN ACCORDANCE WITH THIS DECLARATION ARE VALID. IN THIS PROCESS, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ AND ITS AGENT CANNOT BE HELD RESPONSIBLE FOR DAMAGES ARISING FROM THE FAILURE TO FULFILL THE CONTRACT COMPLETELY OR PROPERLY.
13.2. THE PARTICIPANT IS OBLIGED TO PROVIDE EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT WITH ANY REPORT OR DOCUMENT RECEIVED FROM THE OFFICIAL AUTHORITIES REGARDING THE FORCE MAJEURE EVENT RELATED TO HIM/HER. PARTICIPANTS WHO FAIL TO DOCUMENT OR INCOMPLETELY DOCUMENT THE FORCE MAJEURE EVENT WITHIN THE REQUIRED PERIOD CANNOT MAKE ANY REQUEST FROM EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY.
ARTICLE 14 - COMPULSORY TRAVEL INSURANCE EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT HAS INSURED ITS LIABILITIES ARISING FROM THE FAILURE TO PROVIDE THE SERVICES IT HAS UNDERTAKEN WITHIN THE SCOPE OF THE PACKAGE TOUR, INCLUDING THE BANKRUPTCY OF THE AGENCY, WITHIN THE FRAMEWORK OF THE SPECIAL AND GENERAL TERMS AND CONDITIONS OF COMPULSORY PACKAGE TOUR INSURANCE. THIS POLICY CERTIFICATE HAS BEEN DELIVERED TO THE PARTICIPANT AS AN ANNEX TO THE CONTRACT. THE PARTICIPANT IS REMINDED THAT IN CASE OF ACCIDENT AND ILLNESS, THE PARTICIPANT MAY BE INSURED TO COVER THE COSTS OF RETURNING TO THE POINT OF DEPARTURE AND ANY DAMAGES AND TREATMENT COSTS ARISING FROM ANY ACCIDENT UP TO THE POLICY LIMIT.
ARTICLE 15 - MEANS OF TRANSPORTATION AND ACCOMMODATION FACILITIES
15.1. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT IS THE INTERMEDIARY BETWEEN THE AIRLINE AND THE PASSENGERS AND IS SUBJECT TO THE HAGUE PROTOCOL DATED 28.09.1955. THE DEPARTURE TIMES OF THE PLANES, BUSES, SHIPS, BOATS, TRAINS AND OTHER MEANS OF TRANSPORTATION SPECIFIED IN THE ITINERARY ARE PREPARED ACCORDING TO THE OFFICIAL SCHEDULES OF THE RELEVANT ORGANIZATIONS. CHANGES IN THESE TIMES, DATE CHANGES AND RELATED PROGRAM CHANGES, DELAYS ARE EVENTS BEYOND THE WILL OF EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT AND THESE EVENTS ARE EVALUATED IN ACCORDANCE WITH THE RULES OF INTERNATIONAL AIRLINE LEGISLATION, INTERNATIONAL TREATIES, OTHER TRANSPORTATION LEGISLATION. THE PROVISIONS OF THE RELEVANT LEGISLATION IN FORCE, IATA, OTHER CONVENTIONS, RULES OF TRANSPORTATION LEGISLATION, INTERNATIONAL CONVENTIONS TO WHICH TURKEY IS A PARTY AND THE PROVISIONS OF THE BYLAWS, REGULATIONS AND ALL KINDS OF LEGISLATION ISSUED IN CONNECTION THEREWITH SHALL APPLY TO THE MATTERS NOT WRITTEN IN THIS AGREEMENT.
15.2. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY SHALL TAKE THE NECESSARY CARE TO ENSURE THAT ACCOMMODATION FACILITIES AND TRANSPORTATION ORGANIZATIONS PROVIDE SERVICES AT THE TIME AND QUALITY SPECIFIED IN THE TOUR PROGRAM. IN CASE OF BREAKDOWNS, ACCIDENTS AND LOSSES THAT MAY ARISE IN TRANSPORTATION VEHICLES AND ACCOMMODATION FACILITIES DUE TO EVENTS BEYOND THE WILL OF EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT AND PROBLEMS THAT MAY ARISE IN CONNECTION THEREWITH, POLITICAL EVENTS, STRIKES, CHANGES IN INTERSTATE RELATIONS, TERRORISM, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT CANNOT BE HELD RESPONSIBLE FOR ANY FAILURE TO PERFORM THE CONTRACT AT ALL OR PROPERLY DUE TO EXTRAORDINARY AND FORCE MAJEURE EVENTS SUCH AS PUBLIC MOVEMENTS, WAR PROBABILITY, NATURAL DISASTERS, ADVERSE WEATHER CONDITIONS, FOG AND UNFORESEEN TECHNICAL PROBLEMS AND/OR DUE TO THE FAULT OF THE PARTICIPANT.
15.3. FLIGHT TIMES MAY CHANGE BEFORE THE FLIGHT, ALL TIMES MUST BE CONFIRMED 48 HOURS BEFORE THE DEPARTURE DATE. PASSENGERS HAVE PURCHASED THE TOUR KNOWING THAT FLIGHT TIMES MAY CHANGE. PASSENGERS MUST REQUEST A CONFIRMATION FROM EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT 48 HOURS BEFORE THE DATE OF THE TRIP AND BE AT THE APPOINTMENT PLACE AT THE SPECIFIED TIMES. OTHERWISE, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY CANNOT BE HELD RESPONSIBLE FOR ANY PROBLEMS THAT MAY ARISE. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY SHALL NOTIFY ITS PASSENGERS AS SOON AS POSSIBLE AS SOON AS IT RECEIVES NEWS OF ANY CHANGES.
15.4. THE PARTICIPANT SHALL PAY FOR EXTRA MEALS, DRINKS AND EXTRA SERVICES TO BE TAKEN DURING THE TRIP AND AT THE HOTEL, OTHER THAN THE ACCOMMODATION SPECIFIED IN THE TOUR PROGRAM. IN ADDITION, ACCORDING TO THE LEGISLATION OF THE COUNTRY TO BE VISITED, PAYMENTS SUCH AS TAXES, CITY ENTRANCE FEES, HOTEL ACCOMMODATION TAXES, FEES, ETC. THAT SHOULD BE TAKEN FROM TOURISTS BELONG TO THE PARTICIPANT.
15.5. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY IS NOT RESPONSIBLE FOR DAMAGES, LOSSES AND LOSSES ARISING FROM THE PARTICIPANTS IN THE PLACES VISITED AND ACCOMMODATED DURING, AT THE BEGINNING AND AT THE END OF THE TRIP.
15.6. REGARDLESS OF THE TIME OF ARRIVAL AT THE HOTELS, THE CHECK-IN TIME IS 15.00 LOCAL TIME. REGARDLESS OF THE TIME OF DEPARTURE FROM THE HOTELS, THE TIME TO VACATE THE ROOMS IS 12.00 LOCAL TIME.
15.7. CHILD DISCOUNTS APPLY WHEN CHILDREN STAY WITH THEIR PARENTS IN THE SAME ROOM AS THE 3RD OR 4TH PERSON. HOWEVER, IF THEY OCCUPY A BED IN THE HOTEL AND A SEAT ON THE PLANE, THE FULL PRICE IS CHARGED.
15.8. CITY TOURS AND EXTRA TOURS MAY BE ORGANIZED ON DIFFERENT DAYS THAN THE PROGRAM, PROVIDED THAT THE CONTENT DOES NOT CHANGE. EXTRA TOUR PRICES MAY VARY ACCORDING TO THE CONTENT AND NUMBER OF PARTICIPANTS. TOURS MAY NOT BE REALIZED DUE TO WEATHER CONDITIONS OR COMPULSORY SITUATIONS, IN THIS CASE EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ WILL OFFER THE MOST SUITABLE ALTERNATIVE POSSIBLE. NO PASSENGERS ARE PICKED UP OUTSIDE THE ANNOUNCED DEPARTURE POINTS. NO SEAT NUMBER GUARANTEE IS GIVEN ON THE BUSES.
15.9. THE BAGGAGE CARRYING RIGHTS OF THE PARTICIPANTS DURING THE TRAVELS ARE DETERMINED ACCORDING TO THE LIMITS OF THE TRANSPORTATION VEHICLES THEY TRAVEL WITH. FOR BAGGAGE OVER THESE LIMITS, THE PARTICIPANT SHALL PAY THE ADDITIONAL FEE TO BE APPLIED BY THE TRANSPORTATION COMPANY.
15.10. IN THE EVENT OF ANY BAGGAGE LOSS AND/OR DAMAGE THAT MAY OCCUR DURING THE FLIGHTS WITHIN THE TRAVEL PACKAGE PURCHASED FROM EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY, THE RULES TO BE APPLIED BY THE AIRLINE COMPANY SHALL APPLY, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY SHALL NOT HAVE ANY RESPONSIBILITY.
15.11. PARTICIPANTS ARE RESPONSIBLE FOR THE SAFETY OF THEIR MONEY, JEWELRY, VALUABLES, IMPORTANT DOCUMENTS SUCH AS IDENTITY CARDS AND PASSPORTS, AND IN CASE OF LOSS, DAMAGE AND THEFT, THE RESPONSIBILITY LIES ENTIRELY WITH THE PARTICIPANT. IN TRANSPORTATION VEHICLES, BAGGAGE TRANSPORTATION RULES DETERMINED BY THE RELEVANT AND/OR OFFICIAL ORGANIZATIONS ARE VALID. IN CASE OF VIOLATION OF THE RULES, THE PARTICIPANT IS RESPONSIBLE FOR THE PENALTIES INCURRED AND EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY IS NOT RESPONSIBLE.
15.12. THE PARTICIPANT IS RESPONSIBLE FOR THE BAGGAGE AND PERSONAL BELONGINGS AT EVERY STAGE OF THE TRIP, EXCEPT FOR AIR TRAVEL WITHIN THE TRAVEL PACKAGE.
15.13. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ AND/OR ITS INTERMEDIARY CANNOT BE HELD RESPONSIBLE FOR THE EXPENSES INCURRED IN RELATION TO VALUABLE ITEMS AND DOCUMENTS SUCH AS PASSPORTS, ID CARDS, AIRLINE TICKETS, ETC. LOST DURING THE TRIP.
ARTICLE 16 - VISA PARTICIPANTS ARE RESPONSIBLE FOR HAVING THE NECESSARY VISAS READY FOR INTERNATIONAL TRIPS. IF EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT IS REQUESTED TO FOLLOW UP THE VISA PROCEDURES, YOU MUST HAVE A PASSPORT VALID FOR AT LEAST 6 MONTHS AND AT LEAST 16 DAYS BEFORE THE DEPARTURE DATE OF THE TOUR WITH THE NECESSARY DOCUMENTS, VISA AND SERVICE FEES MUST BE PAID BY THE PARTICIPANTS AND MUST BE APPLIED TO EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR INTERMEDIARY. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT IS ONLY AN INTERMEDIARY IN VISA PROCEDURES AND HAS NO RESPONSIBILITY IN CASE OF VISA NOT GRANTED BY THE CONSULATES. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY IS NOT RESPONSIBLE FOR ANY DELAYS AND DOCUMENT DEFICIENCIES. THE DATE AND CONTENT OF THE VISA OBTAINED BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS AGENT MUST BE CHECKED BY THE PARTICIPANT. ANY CHANGES IN THE VISA FEES UNTIL THE TOUR DEPARTURE DATE WILL BE REFLECTED TO THE PARTICIPANTS AND THE DIFFERENCES WILL BE COLLECTED. DURING VISA APPLICATIONS, IF NECESSARY, CONSULATES OF OTHER COUNTRIES THAT ARE PARTY TO THE SCHENGEN AGREEMENT TO WHICH THE COUNTRY OF TRAVEL IS A PARTY CAN ALSO BE APPLIED, THIS IS IN THE INTEREST OF THE PARTICIPANTS FOR THE POSITIVE CONCLUSION OF THE VISA PROCEDURES. IN CASE OF FAILURE TO OBTAIN A VISA, THE CANCELLATION CONDITIONS IN THIS AGREEMENT APPLY AND THERE IS NO REFUND OR COMPENSATION OTHER THAN AS SET OUT IN THESE PROVISIONS. NO PAYMENT WILL BE MADE TO THE PARTICIPANTS WHO ARE NOT ALLOWED TO LEAVE TURKEY OR WHO ARE NOT ALLOWED TO ENTER THE COUNTRY OF TRAVEL FOR ANY REASON, EVEN IF A VISA HAS BEEN OBTAINED, AND EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ OR ITS INTERMEDIARY IS NOT RESPONSIBLE FOR THIS SITUATION. IF THE PARTICIPANT DECLARES THAT HE/SHE HAS A VISA FOR THE COUNTRY OF DESTINATION OR STATES THAT HE/SHE WILL FOLLOW THE VISA PROCEDURES HIMSELF/HERSELF, IN THIS CASE, ALL RESPONSIBILITY LIES WITH THE PARTICIPANT, THE PARTICIPANT CANNOT TERMINATE THE CONTRACT BY CLAIMING THAT THE VISA PROCEDURES HAVE NOT TAKEN PLACE, THE RESPONSIBILITY WILL BELONG TO THE PARTICIPANT.
ARTICLE 17 - OTHER PROVISIONS
17.1. THE DAY DURATIONS OF THE TOURS ARE GIVEN ACCORDING TO THE CALENDAR DAY. START AND END DAYS INDICATE THE NUMBER OF DAYS OF THE TOUR REGARDLESS OF THE TIME OF THE DAY.
17.2. PASSENGERS ARE REQUIRED TO HAVE THEIR PASSPORTS AND IDENTITY CARDS WITH THEM DURING ENTRY AND EXIT IN RELATION TO FORMALITIES AT CUSTOMS. PARTICIPANTS ARE RESPONSIBLE FOR ANY POSSIBLE PROBLEMS ARISING FROM ANY DEFICIENCY IN THE TREATMENT OF THE PASSPORT AND ANY DELAYS AND CANCELLATIONS DUE TO THIS. IN THIS CASE, THE PARTICIPANT LOSES ALL RIGHTS RELATED TO THE TRIP.
17.3. PARENTS OF PASSENGERS UNDER THE AGE OF 18 PARTICIPATING IN THE TOUR ARE OBLIGED TO KEEP AND PRESENT THEIR LEGAL DOCUMENTS.
17.4. IT IS THE DUTY OF CARE OF THE GOOD-FAITH CONSUMER TO INFORM THE AUTHORIZED PERSON IN WRITING DURING THE PERFORMANCE OF THE SERVICE ABOUT THE ISSUES THAT THE PARTICIPANTS COMPLAIN ABOUT. IF THE PARTICIPANT USES THE SERVICE TO THE END EVEN IF HE/SHE HAS A COMPLAINT, IT ELIMINATES HIS/HER RIGHTS TO COMPENSATION SUCH AS SUBSTITUTE SERVICE AND REFUND OF THE PRICE REGARDING THE ISSUES HE/SHE COMPLAINS ABOUT.
17.5. THIS CONTRACT HAS BEEN PREPARED TO DETERMINE THE SCOPE OF THE SERVICE TO BE PROVIDED TO THE PARTICIPANT, IT DOES NOT REPLACE INVOICES AND RECEIPTS AND DOES NOT MEAN THAT THE TOUR PRICE HAS BEEN PAID.
17.6. THE PERSONS WHO WILL PARTICIPATE IN THE TRIP NAMED IN THE CONTRACT ARE DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED THE ARTICLES OF THE CONTRACT, EVEN IF THEIR REGISTRATION PROCEDURES ARE MADE AND SIGNED BY SOMEONE ELSE.
17.7. THIS AGREEMENT HAS BEEN DRAWN UP, NEGOTIATED AND SIGNED WITH THE FREE WILL OF THE PARTIES AND BY READING ALL ARTICLES.
ARTICLE 18 - COMMERCIAL ELECTRONIC TRANSMISSION
18.1. THE CUSTOMER CONSENTS TO ALL KINDS OF COMMERCIAL ELECTRONIC COMMUNICATIONS TO BE SENT TO HIM BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ. IN THIS CONTEXT, THE CUSTOMER HEREBY CONSENTS TO ALL COMMERCIAL ELECTRONIC COMMUNICATIONS SENT TO HIM/HER BY EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ THROUGH AUTOMATED CALLING SYSTEMS SUCH AS FAX, ELECTRONIC MAIL, SHORT MESSAGE, ETC. THAT WORK WITHOUT PERSONAL INTERVENTION OR ANY OTHER COMMUNICATION MEANS WITHOUT ANY OTHER PRIOR CONSENT FROM THE CUSTOMER, ALL KINDS OF ELECTRONIC MESSAGES/SMS/FAXES ETC. FOR THE PURPOSES OF INFORMATION, MARKETING AND/OR ADVERTISEMENT REGARDING TRANSPORTATION SERVICES, VARIOUS RENTAL WORKS AND OTHER SERVICES. ACCEPTS AND DECLARES THAT IT CAN BE SENT. THE CUSTOMER MAY, AT ANY TIME, OPT OUT OF RECEIVING ELECTRONIC COMMUNICATIONS WITHIN THE SCOPE OF THESE TERMS OF USE WITHOUT ANY JUSTIFICATION. EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ MAY COMMUNICATE THIS REQUEST USING THE CONTACT INFORMATION IN THE CALL OR MESSAGE OR TO THE CONTACT ADDRESSES IN THE SELLER INFORMATION FREE OF CHARGE. FOLLOWING THE RECEIPT OF THE REQUEST, EMTA GÜZELLİK SAĞLIK VE TURİZM HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ WILL FULFILL THIS REQUEST WITHIN 3 WORKING DAYS.