Service Agreement
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Distance Sales Contract
DOMESTIC & INTERNATIONAL TOUR - RESERVATION - PACKAGED TOUR - REGISTRATION AND SALES CONTRACT
This contract is signed between Bluemaxx Travel (hereinafter referred to as "travel agency") and the customer purchasing the service and those accompanying them (hereinafter referred to as "consumer").
I- PAYMENTS
1. In domestic hotel and tour sales, at least 35% of the reservation fee must be paid at the time of registration, and the balance must be paid within 7 working days from the date of sale. If there are 7 days or less remaining until the start date of the tour or the check-in date of the hotel, the full amount of the tour/hotel fee must be paid at the time of registration. In case the specified payments are not made within the mentioned periods, the reservation will be cancelled and 35% of the total service fee will be invoiced to the consumer as cancellation compensation.
2. For international tours and cruise ships, at least 35% of the reservation fee must be paid at the time of registration, and the balance must be paid no later than 30 days before the start of the trip. If there are 30 days or less remaining until the start date of the tour or the check-in date of the hotel, the full amount of the tour/hotel fee must be paid at the time of reservation. In case the specified payments are not made within the mentioned periods, the reservation will be cancelled and 35% of the total service fee will be invoiced to the consumer as cancellation compensation.
3. Consumers who purchase services via promotional sales (such as early booking discounts and promotional sales) are obliged to pay the full amount of the service on the reservation date.
4. For special products and services, the total amount must be paid no later than 60 days before the start of the service. In case the specified payments are not made within the mentioned periods, the reservation will be cancelled and 35% of the total service fee will be invoiced to the consumer as cancellation compensation.
II - CANCELLATION - WITHDRAWAL - CHANGES
1. The travel agency may cancel the contract for the packaged tour if there is a lack of the required number of confirmed passengers and/or due to force majeure circumstances that prevent the start or continuation of the trip. In this case, the consumer's right to compensation does not arise. The travel agency is obliged to notify participants of the cancellation of the tour and refund all fees received from the consumer within 14 days. Even if the visa process has been completed, in case of cancellation of the relevant tour, visa fees will not be refunded to consumers. Visa responsibilities for consumers who have purchased a packaged tour lie with themselves.
2. A - In domestic hotel sales, if the consumer terminates the reservation/contract up to 30 days before the start of the service, the full amount of the reservation fee paid by them will be refunded to them, except for expenses arising from mandatory taxes, duties, and similar legal obligations.
B- In domestic hotel sales, if the consumer cancels the reservation/contract between 29 and 15 days before the start of the service, they accept, declare, and undertake to pay 35% of the tour fee to the travel agency; if they cancel it less than 14 days before the start, they accept, declare, and undertake to pay the full amount. Requests for date changes made by the consumer are deemed as cancellations, and requests for date changes will be submitted in writing by the consumer, taking into account the periods specified in the relevant articles.
C- In domestic and international packaged tours, if the consumer terminates the reservation/contract up to 30 days before the start of the service, the full amount of the reservation fee paid by them will be refunded to them, except for expenses arising from mandatory taxes, duties, and similar legal obligations. However, if a visa has been obtained for international travel, the visa fee will not be refunded. If the consumer cancels the reservation/contract more than 29 days before the start of the trip due to reasons other than force majeure, they accept, declare, and undertake to pay the full amount of the tour fee to the travel agency. Requests for date changes made by the consumer are deemed as cancellations, and requests for date changes will be submitted in writing by the consumer, taking into account the periods specified in the relevant articles. In promotional packaged tour sales (such as early booking discount and promotional titled packaged tours), in case of cancellations for any reason from the date of reservation, the full tour fee is forfeited and no refund is made. Requests for name changes, date changes, and transfers are not accepted. In this situation, the consumer accepts and undertakes to pay the full amount of the tour fee to the travel agency as cancellation compensation.
D- In cruise ship tours; if the consumer cancels the reservation/contract up to 90 days before the start of the service, they accept, declare, and undertake to pay 10% of the tour fee to the travel agency; if they cancel the reservation/contract between 89 and 60 days before, they accept, declare, and undertake to pay 30% of the tour fee; if they cancel the reservation/contract between 59 and 31 days before, they accept, declare, and undertake to pay 50% of the tour fee; if they cancel the reservation/contract between 30 and 16 days before, they accept, declare, and undertake to pay 75% of the tour fee; if they cancel the reservation/contract less than 15 days before the start, they accept, declare, and undertake to pay the full amount of the tour fee to the travel agency.
E- If the consumer notifies the travel agency with an official board report obtained from a fully equipped state hospital regarding illnesses and deaths that prevent their own or first-degree relatives' usual occupation for 10 days, which occurs less than 30 days before the start of the service, the amount paid by the participant will be refunded to them without any deduction, except for expenses arising from mandatory taxes, duties, and similar legal obligations, and amounts paid to third parties that can be documented and are non-refundable. If the consumer, despite exercising all necessary care, encounters a situation or force majeure that could not be foreseen or prevented, and notifies the termination within less than 30 days before the start of the packaged tour, submitting documentation regarding said situation, the amount paid by the consumer will be refunded to them within 14 days without any deduction, except for expenses arising from mandatory taxes, duties, and similar legal obligations, and amounts paid to third parties that can be documented and are non-refundable.
F- Refunds of fees in all Domestic and International service cancellations; refunds are made according to payment methods. Payments made in foreign currency are refunded in the same currency, and payments made in TL are refunded in TL according to payment methods. The consumer cannot request exchange rate differences in fee refunds.
G-Visa Application and Non-Issuance of Visa
The consumer accepts, declares, and undertakes that obtaining a visa for international travel is entirely at the discretion of the relevant country's consulate, that Bluemaxx Travel is only in an intermediary position in visa processes, and that it is not responsible in any way for the failure to obtain a visa, delayed issuance, or rejection of a visa.
If the consumer fails to obtain a visa, cannot attend the visa appointment, the visa result is not finalized by the travel date, or the visa is rejected for any reason; even if this results in the consumer being unable to participate in the trip, this situation is considered as a cancellation caused by the consumer.
In this context;
- If cancellation, withdrawal, or inability to participate occurs due to failure to obtain a visa, visa rejection, or inability to complete the visa process 29 (twenty-nine) days or less before the start of the service, the full tour fee will not be refunded and is forfeited.
- In this situation, the consumer accepts that they will not make any claim for fee refund, compensation, or rights.
Consulate fees paid under the scope of the visa application, service fees, air tickets, accommodation, insurance, and similar fees paid to third parties and non-refundable will not be refunded under any circumstances.
The consumer accepts that they have read, understood, and signed the contract knowing the risk of visa non-issuance.
3. In the situations specified in article 2, the material damage covered by the insurance of the consumers will be claimed from the relevant insurance company.
4. The consumer, having purchased discounted products during the discounted sales period of domestic hotels (domestic early reservation campaigns), does not accept requests for name and date changes, transfers, and cancellations for any reason other than force majeure. In this situation, the consumer accepts, declares, and undertakes to pay the full amount of the reservation fee to the travel agency as cancellation compensation.
5. If the consumer does not notify in writing that they will join the tour after missing its start, the travel agency has the right to cancel all reservations made on behalf of the consumer 24 hours later. In such cancellations, no fee refund will be made to the consumer.
6. The consumer may transfer the packaged tour to a third party by notifying in writing or through a permanent data storage provider up to 7 days before the start of the service. The transferee is jointly liable with the transferor for the balance and expenses arising from the transfer. Visa fees for consumers whose visa processes have been completed regarding transferred tours will not be refunded. Visa responsibilities for consumers who have taken over a packaged tour will lie with themselves. Transfers are not accepted in promotional packaged tour sales.
7. Force Majeure: Unfavorable weather conditions, road blockage, strikes, terrorism, war, possibility of war, unforeseeable technical issues that prevent the start or continuation of the trip are accepted as force majeure by both parties. Illnesses and/or deaths of the passenger or first-degree relatives that prevent their usual occupation for 10 days are also considered force majeure provided that there is an official board report obtained from a fully equipped state hospital.
8. Sales are made in cash or with bank credit cards as upfront and/or with bank installment credit cards as installments. In sales made with credit cards, if the payment is not made, the consumer is liable with the bank where they signed the credit card contract. In this situation, the interest rates applied by the bank are valid, and the travel agency will not be the subject of the matter.
9. In case the bank or financial institution does not pay the service fee to the travel agency due to the claim that the credit card used by the consumer to pay the contract price after the performance of the contracted work was used unauthorizedly and unlawfully by unauthorized persons, the consumer will be liable for the disputed service fee and all damages with legal interest accruing from the reservation date.
III- GENERAL PROVISIONS
1. The consumer participating in the tour has the right to carry and bring 2 suitcases not exceeding dimensions of 50cm x 70cm in all trips, and 20kg baggage in air travel. The responsibility for the suitcases and items inside them lies with their owners.
2. All services included in the package tour program are specified. Tours or services outside of these are subject to extra charges. During reservation, two separate fees are collected against receipts under the names of the tour package fee and extra service fee. These collected fees also cover the guide fee.
3. Items with odorous, flowing, flammable, or explosive properties, or items that cause discomfort to the surroundings, as well as cutting, piercing, and firearms and all kinds of animals, are not allowed in vehicles and accommodation facilities without the additional, explicit, and written permission of the travel agency. The existence of identity or license documents does not change this situation.
4. In case of loss or damage to the consumer's luggage, if it arises from gross negligence of the travel agency staff, the material and spiritual value of the items found in the lost or damaged luggage, disregarding other characteristics and features, half of the part attributable to transportation within the total tour fee will be paid by the travel agency to the item owner consumer as material and spiritual compensation for the lost goods and suitcase. The travel agency is liable for any kind of loss, damage, and theft of items declared in writing with their values to them by the consumer, up to the transport fee of the tour. If the lost item is the consumer's identity, passport, etc., official documents, no liability will be imposed on the travel agency.
5. Notifications of possible tour cancellations by the travel agency can be made individually to each consumer, or generally through advertisements in the Turkish edition of a high-circulation newspaper. In this case, the notification obligation is considered fulfilled.
6. The travel agency has the right to change the hotel names, transportation vehicles, departure times, and their departure locations within the scope of the trip, provided that they adhere to the standards specified in the program, by notifying the consumer, or to transfer the consumer to another agency. Tour programs given during registration are sample programs. Dates when extra tours specified in tour programs will be organized and prices may change depending on the number of participants. The consumer accepts that the conditions of the trip have been met if the overnight stay duration during the total trip time is not shortened and no changes are made to the class and categories of the facilities to be stayed in.
7. If the consumer requests the travel agency to follow up on visa processes, the consumer must have a passport valid for at least six months and apply to the travel agency within the framework of documents and deadlines determined by the relevant consulate. The travel agency is in an intermediary position between the consumer and the consulate in visa processes and is not responsible for the failure to obtain a visa. If the visa is not approved by the consulate, the cancellation conditions specified above will apply.
8. The scope of coverage for incomplete or defective performance, damage, loss, and losses related to consumers who have purchased travel insurance service or are included in a travel insurance package is determined by the policy of the insurance company providing this service. The travel agency does not bear any responsibility regarding the content, scopes, and implementation methods of these coverages.
9. Rooms may not be delivered to consumers before 14:00 on the day of arrival at the hotel or ship. On the day of departure from the hotel, consumers must vacate their rooms by 12:00 at the latest. The standard of additional beds in triple rooms may vary depending on the hotel.
10. The prices and conditions stipulated in the travel agency's package tour contract cannot be changed. This provision does not apply to price changes resulting from other taxes and fees such as port and airport landing taxes, and exchange rates. However, price increases occurring before the package tour due to the reasons given above are notified to the consumer. In this situation, the consumer has the right to withdraw from the contract without paying any compensation. Visa expenses, expenses arising from mandatory taxes, duties, and similar legal obligations, amounts paid to third parties that can be documented, and insurance fees will not be refunded under any condition.
11. The travel agency is responsible for changes occurring after the start of the trip in the tour program purchased by the consumer. The travel agency may compensate the consumer in the form of fee or service refund for obvious changes that are detrimental to the consumer and cause damage, either during or after the trip, in accordance with the provisions of the TÜRSAB KUTAHYA TABLE. Additionally, they may resort to compensation through extra and/or alternative arrangements given to the consumer during the trip that are not included in the price. The acceptance and use or consumption of extra or substitute services by the consumer eliminates the consumer's rights to fee refund and compensation.
12. If the consumer leaves the tour they started claiming that the service is defective, they must immediately notify the travel agency authority and the hotel where they stayed in writing with the reasons. Otherwise, the consumer will not be considered to have left the tour and will be deemed to have received and used the service. It is the duty of the good-faith consumer to notify the authorized person in writing about the matters complained of during the performance of the service.
13. The provisions of this contract concluded during registration between the travel agency and the consumer have been read by the consumer. The consumer has been informed from sources such as brochures, websites, sales software programs, etc., regarding all accommodation details of the facility and has signed by requesting and accepting that registrations be made for other individuals they indicated will participate in the same trip under the same conditions. The consumer accepts to pay the price difference that will arise from incorrect and/or incomplete voucher information declared by them.
14. Consumer(s) who did not sign the contract but participated in the trip subject to the contract are deemed to have accepted and undertaken the contract provisions by signing this contract with the consumer(s) they appointed to register in their own name. Nevertheless, if the consumer(s) participating in the trip sue the travel agency and initiate proceedings based on the excuse that they did not personally sign the contract, and the travel agency is forced to pay a fee or compensation to the consumer outside the matters written in this contract, the right of recourse for the excess amount paid by the travel agency to the consumer(s) who signed the contract is reserved. Consumers participating in this trip are deemed to have learned the terms of this contract that will be valid between the parties through catalogs and advertisements, even if they did not sign, and have accepted and undertaken to participate in the trip under these contract terms. The fulfillment of legal obligations is considered achieved by preparing one copy of this contract in the name of the person(s) who will/participated in the trip subject to the contract and giving a written copy to the consumer appointed to conclude the contract. The contract, voucher, and receipt sent by the agency to the consumer's fax, email, etc., communication addresses will be signed by the consumer and sent back to the agency. In case they are not sent within 24 hours, they are deemed to have accepted and undertaken the provisions of this contract. For the cancellation insurance to be valid, this contract must be signed by the consumer and sent to the agency.
15. The travel agency is in an intermediary position with consumers participating in the trip, hotels, carrier companies, and all types of third parties and legal entities providing other services related to the trip. Therefore, both parties know that the travel agency is not responsible for any irregularities, material or spiritual damage accidents, or deficiencies or errors in accommodation facilities arising from the fact that they do not have the status of operator, due to vehicles not being present at the departure location at the times shown in their programs contrary to agreements made between consumers who registered for the trip by applying to the travel agency and the institutions undertaking transportation, delays, breakdowns, fog, storms, snow, and all kinds of weather conditions of land, air, and sea vehicles, road blockages, changes in route and routes, strikes, terrorism, possibility of war, or similar force majeure causes, mistakes of the person using the transportation vehicle, personal faults of third parties, or unforeseeable technical issues.
16. Since all regulations regarding charter flights are subject to international aviation rules, the Warsaw Convention allows airlines to make any kind of time changes on these flights. Departure time cannot be guaranteed. The carrier may change the stopover places shown on the tickets or may not make a stopover. Since flight times are finalized 48 hours in advance, the times specified during sales are probable times, and the travel agency cannot be held responsible for changes due to this reason. Therefore, cancellation and refund requests made for this reason will not be accepted.
17. All services included in the tour program are specified separately. Tours or services outside of these are subject to extra charges. Local agencies in the cities or countries visited determine and recommend extra tour fees and contents. These tours can only be conducted if sufficient participation is ensured, and no compensation and/or refund can be requested from the travel agency due to the non-conduct of extra tours.
18. The travel agency is responsible for reasons other than force majeure occurring after the start of the service they promised, situations for which the consumer is responsible, and situations arising from the personal liabilities of third parties.
19. In matters not written in this contract, the provisions of Law No. 1618, Law No. 6502, Law No. 2634, IATA, IHA., UFTAA conventions, Civil Aviation Law, Turkish Commercial Code (TBK.), Turkish Code of Obligations (TTK.), international treaties to which Turkey is a party, and regulations, directives, circulars, and announcements issued in connection with them, as well as the provisions of the TÜRSAB Kutahya Table, which applies Frankfurter Tabelle internationally accepted in Turkey, will be implemented. This voucher and package tour contract prepared in two copies between the parties has been prepared front and back with all attachments by the authorized parties of the parties, read, controlled, and accepted. The parties have mutually accepted, undertaken, and performed their commitments and have accepted and confirmed them by signing together. They have additionally accepted and undertaken that they bear all legal responsibility towards the persons who accepted this voucher and contract in the name of the customers who will participate in the trip and whose names are written in this contract and who signed on behalf of the parties.
20. For children under 18 years old who cannot travel with both parents in international and Cyprus flights, notarized consent is mandatory. Otherwise, the flight cannot be made.
SERVICE DEFECT COMPLAINTS:
In case defective or faulty service is provided, the Arbitration Board or Consumer Courts are competent according to the material limits determined by the Law on Protection of Consumers.
SERVICE GUARANTEE:
Provided that there is sufficient participation and no force majeure, the travel agency accepts and undertakes to fulfill the services they promised above independently from the advertisements given and brochures published, against the fee written above again. In case the travel agency fails to fulfill their promises written above partially or completely, the amount of refund to be made to the customer will be determined independently according to the provisions of the TÜRSAB KUTAHYA TABLE.
Name and Surname on Behalf of Customer and Those Accompanying Them:
Date:
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Signature
SERVICE GUARANTEE :
The consumer gives consent to be informed and to share commercial electronic messages, SMS, MMS, etc., in accordance with Law No. 6563 regarding the services, advertising, announcements, campaigns, and activities of Bluemaxx Travel, its affiliated group companies, brands it operates, suppliers, and organizations it cooperates with. If the consumer wishes to revoke the consent given, they will notify this situation to the communication channels of Bluemaxx Travel located in this contract, and Bluemaxx Travel will terminate the notification.
I accept.
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