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Yaz Dış Ticaret ve Turizm A.Ş.
Hümeyra Sk. No:7 Nef 09 B Blok, K:13 D:245
Kağıthane 34415 · İstanbul · Türkiye
+90 212 293 83 56 / 57
Fax: +90 212 293 83 35
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TRAVEL PACKAGE TOUR SALES AGREEMENT
This agreement has been drawn up pursuant to the obligation to conclude a contract for sales carried out over the internet, in accordance with the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188, and its articles are set out below.
SELLER: YAZ DIŞ TİCARET VE TURİZM A.Ş.
BUYER: The person who purchases a tour or airline ticket through the SELLER's website.
The subject of this agreement is the determination of the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts (the "Regulation"), regarding the sale and delivery of passenger transport and tour tickets that the SELLER sells electronically to the BUYER through the SELLER's website at https://www.hip.com.tr.
The service that is the subject of this agreement is a tour, bus and airline passenger transport ticket. The sales price of the ticket (including taxes), the method of payment, the place of departure, the destination, the travel date and the departure time consist of the information as it stands at the moment the order is finalized, and this information is also sent to the buyer's email address.
During the tour and airline ticket purchasing process on the SELLER's website at https://www.hip.com.tr, the BUYER must first select the package tour and date, and correctly enter their email address along with the other personal information required by the Road, Sea and Air Transport Regulation. Before proceeding with the tour purchase, upon checking the "SALES AGREEMENT" box under the "I Have Read and Accept the Sales Agreement" option located above the "Complete Payment" option, the terms of the sales agreement will be displayed on the BUYER's screen. The BUYER's checking of the "I Have Read and Accept the Sales Agreement" option does not mean that this agreement has been concluded. The BUYER is obligated to read this sales agreement and to check all the information contained in the text of the agreement. The BUYER is free to make changes and corrections to their order and personal information until they check the "Complete Payment" box. After reading, checking and approving the sales agreement, the BUYER may proceed with the purchase transaction. After the BUYER gives this approval, this sales agreement will be deemed concluded upon the completion of the purchase transaction by the BUYER correctly entering the payment information and checking the "Complete Payment" option. If, despite errors in the order and personal information, the BUYER completes the purchase transaction without correcting these errors, it is not possible to correct the information electronically.
After the payment is approved and the purchase transaction is completed, this Package Tour and ticket sales agreement will be automatically sent to the email address provided by the BUYER, and a copy will also be kept by the SELLER in electronic form for a period of 1 year from the date on which the sales transaction took place. The BUYER hereby accepts and declares in advance their consent to the storage by the SELLER of the personal data they have specified in the ticket they have purchased.
The BUYER accepts and declares that they have read and are informed about all the preliminary information regarding the essential characteristics of the Package Tour and passenger transport ticket that is the subject of the agreement, the sales price including all taxes, the method of payment and the delivery, and that they have provided the necessary confirmation electronically.
The Package Tour and passenger transport ticket that is the subject of the agreement will be received by the BUYER from the SELLER's nearest branch or by email prior to the start of the trip, and the BUYER will keep it with them throughout the trip. The BUYER may also carry the purchased Package Tour and ticket with them by receiving/printing it as an e-ticket to their email address.
The Package Tour and passenger transport ticket that is the subject of the agreement is delivered personally to the BUYER. For this reason, the BUYER must present their identity/passport number or card to the SELLER's authorized personnel when receiving the passenger transport ticket. When receiving the Package Tour and ticket, the BUYER is obligated to verify that the information on the ticket is correct and belongs to them. Objections made subsequently are invalid.
The BUYER declares and accepts the accuracy of the mobile phone number they have entered into the system during ticket purchase and through other channels on the site, and all personal data entered into the system, including but not limited to the foregoing, and consents in advance to the collection, processing and use of this data, and to its sharing with third parties and institutions that are not party to the agreement.
The BUYER accepts, declares and undertakes that the SELLER shall have no liability whatsoever in the event of a deterioration in their state of health during transport.
The BUYER accepts, declares and undertakes that, in order to ensure that pets travel more comfortably and safely in the sections of the vehicles designated for baggage transport, they shall be transported in cages suitable for their species, sedated and under veterinary supervision, accompanied by a document showing that a veterinary examination has found no objection to travel; and that by signing the consent form presented to them in this regard, they shall assume full responsibility arising therefrom, and that the SELLER shall have no liability whatsoever due to this transport. Otherwise, the SELLER may refuse to transport the pet.
The BUYER accepts and declares that, in the event of delays and cancellation of services occurring for reasons beyond the SELLER's fault, they shall not claim any rights or receivables from the SELLER on the grounds that they have suffered material or moral damage. The right to a refund of the Package Tour and Ticket fee is reserved.
Pursuant to Article 2/h of the Regulation on Distance Contracts, in contracts concluded with providers offering services in the travel and passenger transport sector, in which the provider undertakes to perform the service that is the subject of the contract on a specific date or within a specific time period, the right of withdrawal cannot be exercised by the BUYER.
Nevertheless, should the BUYER wish to cancel the Package Tour and ticket, they may carry out this transaction subject to compliance with the cancellation conditions. The BUYER may cancel the ticket obtained from the SELLER's website or by email, again through the SELLER's website or by email.
The purchased package tour or ticket is valid for the Date/Time and Route written on it. A ticket not used on the day and time written on it shall be deemed invalid. Passengers who are not present in the vehicle at the departure time of the package tour or airplane/bus shall be deemed to have waived their travel rights. In this case, no fee refund shall be made to the passenger who does not participate in the trip.
The BUYER accepts and declares that, pursuant to the Road, Air and Sea Transport Regulation, flammable, combustible, explosive, poisonous, contagious, radioactive and similar items, as well as flowing, contagious, odor-emitting foodstuffs and legally prohibited substances that may pose a danger cannot be transported, including in the baggage section of the vehicle, and that they will therefore not carry baggage and items of the specified nature with them.
The BUYER must not share their credit card information with others. The BUYER accepts and declares that they personally and solely will be responsible for the security of this information, that the SELLER has no liability whatsoever for the use of the credit card information by anyone other than the BUYER, and that they accept and declare that they will compensate any damage suffered by the SELLER as a result of all negligence and fault on their part regarding matters such as the security, storage, keeping away from the knowledge of third parties and use of the BUYER's credit card information.
The SELLER may, when deemed necessary, record, share, use, store, process and retain the BUYER's personal data through the transactions carried out or, in cooperation with real or legal persons, for the purposes of direct marketing and similar purposes. The information requested from or provided by the BUYER during the Package Tour and ticket purchase transaction over the https://www.hip.com.tr website, and the information related to the transactions carried out over the https://www.hip.com.tr website, may be used by the SELLER and the persons with whom it cooperates to carry out various statistical evaluations, to create a database or to conduct market research, without disclosing the identity of the BUYER, even if outside the purposes and scope determined by the agreements made by the https://www.hip.com.tr website with its members and businesses.
Pursuant to Law No. 5651, as the person who provides and operates the systems hosting the services and content, the SELLER may, when necessary, also use the BUYER's IP address for the purposes of identifying problems related to the system and resolving problems that may arise on the site, for generally identifying the BUYER, and for collecting comprehensive demographic information. The SELLER may also provide links to other websites within the https://www.hip.com.tr website. The SELLER bears no responsibility for the privacy practices and content of the websites accessed via such links.
Unless otherwise stated in this Privacy Policy and except for the limited circumstances stated below, the SELLER will not disclose the BUYER's information to companies with which it does not cooperate and to third parties.
These circumstances are:
Despite the SELLER taking the necessary information security measures, the SELLER shall have no legal and/or criminal liability in the event that personal information is damaged or falls into the hands of third parties as a result of cyber attacks on the https://www.hip.com.tr website or system.
The SELLER declares and undertakes that the BUYER has read and accepted the Privacy Policy and Protection of Personal Data text published on the website.
Pursuant to Law No. 6563 on the Regulation of Electronic Commerce, the BUYER, by concluding this agreement, declares and undertakes that they accept the sending to them, by the SELLER and the real and legal persons with which it cooperates, of commercial electronic messages of any content by telephone, call center, fax, automatic dialing machines, smart voice recording systems, SMS, email and other means, and the sending of commercial electronic messages regarding campaigns, promotions, related activities, cooperations, competitions, games, innovations, current services, changes and any other subject.
In the event that the BUYER defaults on transactions made with a credit card, the BUYER will pay interest within the framework of the credit card agreement made with them by the card-issuing bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; it may demand from the BUYER the resulting costs and attorney's fees; and in any case, in the event that the BUYER defaults due to their debt, the BUYER accepts to pay the loss and damage incurred by the SELLER due to the late performance of the debt. The SELLER has no liability whatsoever in the event that the BUYER defaults or legal action is initiated against them for this reason.
In the event that the BUYER defaults on payment of two installments consecutively or within a year during the term of this Agreement, all debts arising and/or to arise from the Agreement shall become due and payable.
In the event of a dispute arising from the implementation of this agreement, the Consumer Arbitration Committees up to the value announced each year in December by the Ministry of Industry and Trade, and the Consumer Courts at the place of residence of the Buyer or the Seller, are competent.
In the event that the order is finalized, the BUYER shall be deemed to have accepted all the terms of this agreement. The invalidity or unenforceability of any provision contained in this agreement shall not affect the validity of the other provisions of the agreement.
The SELLER may, in necessary cases, unilaterally amend part or all of this Package Tour and Ticket Sales Agreement.