1. PARTIES
1.1. SELLER:-
Title: Univer Travel Turizm Hizmetleri San. ve Tic. Ltd. Şti or “Seller”)
Address: Kavacık Mah. Muhtar Sokak Tecom Plaza No.5 İç Kapı No:4 BEYKOZ/İSTANBUL
Telephone: 444 85 95
Mersis No: 0892070446700001
KEP Address: univertravel@hs01.kep.tr
1.2. BUYER-CUSTOMER
Name, Surname, TR Identity Number/Passport Number, Telephone, Address, E-Mail information are included in the RESERVATION FORM WHICH IS AN INTEGRAL PART OF THE AGREEMENT.
2. DEFINITION
In the Agreement; WEBSITE: means www.univertravel.com.tr which can be accessed online, where various services and content are offered within the framework determined by the seller, Call center: means call center 444 85 95, SELLER: Univer Travel Turizm Hizmetleri San. ve Tic. Ltd. Şti, BUYER or CUSTOMER: means person(s) who have purchased the service through the Website or Call Center, PROVIDER or HOTEL: means hotels offering accommodation services which are sold through the Website or Call Center, PRODUCT/SERVICE: means the products and services offered to the CUSTOMER by the Seller and purchased by the customer.
3. SUBJECT OF THE AGREEMENT
The subject of the product or service of this Distance Sales Agreement is the determination of the mutual rights and obligations of the parties regarding DETAILS (Room Type, information of the person who will accommodate, number of days to be accommodated, price, payment method, etc.) sale of accommodation service INCLUDED IN THE RESERVATION FORM THAT IS AN INTEGRAL PART OF THE AGREEMENT, purchase of accommodation service by the CUSTOMER and supply by the SELLER/SUPPLIER in accordance with the provisions of the Law on the Protection of the Consumer No. 6502 and Distance Agreements Regulation. The BUYER has the opportunity to obtain sufficient information about the basic characteristics of the product or service through the website www.univertravel.com.tr, the agencies, the call center and other information channels of the SELLER and agrees and undertakes that he/she has obtained sufficient information in this way. The full amount of the reservation is paid while registering. If the full amount is not paid, the reservation cannot be made. However, if a reservation is made despite an insufficient balance for any reason, the CUSTOMER will be responsible for the whole reservation cost from the date of registration. If the full amount of the reservation is not paid, the SELLER may cancel the reservation and claim all losses caused by the cancellation from the CUSTOMER. The service purchased by the CUSTOMER and the scope of the service is specified in the voucher (hotel check-in document) and in the brochure given together with these Sales Rules, in the Preliminary Information Form. The CUSTOMER agrees and undertakes that relevant goods or services are as specified in clause (g) of article 15 of the Distance Agreements Regulation “Agreements for accommodation, transportation, car rental, food and beverage supply, and leisure time for entertainment or recreation, which must be made on a specific date or period” and as specified in clause (ğ) “Agreements for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer” and he/she does not have RIGHT OF WITHDRAWAL.
4. SERVICES AND PAYMENT INFORMATION
The total price of the accommodation service to be purchased or reserved including taxes is communicated before the completion of the purchase and/or reservation process of the service. The CUSTOMER is not liable for the additional costs, expenses, commissions and fees that may come into question under any name, especially for transactions made with a credit card, and that institutions such as banks mediating the transaction may charge the BUYER. If the Customer has authorized the purchase of the Service, the amount of the Service (including taxes and other charges) will be obtained from the credit card used for payment. It is not mandatory that the holder of the credit card used for payment is one of the guests staying there. Some products or services of the SELLER may now or in the future require a separate payment and may be excluded from the product or service purchased by the buyer. The information about the product sold (name of the product, amount, unit price (including VAT), total selling price (including VAT), total amount, payment method and plan, billing address, etc.) IS INCLUDED IN THE RESERVATION FORM WHICH IS AN INTEGRAL PART OF THE AGREEMENT. By confirming the reservation, the CUSTOMER agrees and declares that he/she knows and confirms all the details including the total price including VAT.
5. GENERAL PROVISIONS
The CUSTOMER agrees and declared that preliminary information has been provided to him/her about the basic characteristics of the products in the agreement, the sales price including all taxes and the payment method INCLUDED IN THE RESERVATION FORM THAT IS AN INTEGRAL PART OF THE AGREEMENT and specified in detailed in Article 3 of this Agreement, and full title, address and contact information, the Mersis address of the SELLER before the conclusion of this Agreement in the section regarding the subject of the agreement on the internet or by the call center appropriately in a clear and understandable manner and this preliminary information has been confirmed electronically and / or by telephone or e-mail, and then he/she has confirmed the reservation and the agreement. All prices and charges under this Agreement include VAT and all other taxes.
6. RIGHTS AND LIABILITIES OF THE PARTIES:
6.1. The CUSTOMER agrees that he/she has been informed about the characteristics of the service purchased in the Preliminary Information, Preliminary Information Form and/or by means of the brochure.
6.2. The parties agree and declare that they accept the provisions of the Law on the Protection of the Consumer No. 6502 and Distance Agreements Regulation in addition to the terms and conditions of this Agreement and that they will act in accordance with these provisions.
6.3. The CUSTOMER agrees that he/she accepts these accommodation sales rules on behalf of other persons who will participate in the trip together with him/her and that he/she must provide correct information that will allow them to participate in the trip such as name-surname, TR ID number, passport number, address, credit card, he/she is obliged and responsible for informing other participants about the preliminary information and the scope of the brochure, the brochure given to him/her is deemed to have been given to other participants as well. The customer, being a party to the agreement, irrevocably agrees, declares and undertakes that he/she is legally responsible for any dispute that may arise in this context.
6.4. The CUSTOMER agrees that he/she is responsible for his/her luggage and its contents, he/she is obliged to keep track of and check the items he/she carries, the SELLER /SUPPLIER and/or its employees do not accept any legal and/or criminal liability for lost, stolen or disappeared items, he/she will not make any claims against the SELLER /SUPPLIER and/or employees of the SELLER /SUPPLIER for the above reasons.
6.5. By signing, the CUSTOMER agrees that he/she is obliged to comply with the laws and customs to which the facility in which he/she is staying is subject, that he/she will comply with the rules declared by the authorities of the facility in relation to the service purchased, that he/she will not endanger the life and safety of third parties, and he/she will be personally and primarily responsible for all material/moral, legal/criminal damages that may arise if he/she endangers the safety/integrity of third parties, otherwise the SELLER /SUPPLIER will not provide the said service and in this case the CUSTOMER will not have the right to claim a refund.
6.6. The CUSTOMER agrees that the cost of additional food and beverages not within the scope of the accommodation service, personal expenses and all goods and services out of the defined service will be borne by him/her.
6.7. The CUSTOMER agrees that the right to compensation does not arise in cases such as fault of CUSTOMER, unexpected and unavoidable behavior of a third party, force majeure (adverse weather conditions, roadblocks, strikes, terror, fog, possible war events, unforeseeable technical problems, etc.), in cases where the SELLER /SUPPLIER/Agent/independent service provider, despite all due care, is unable to provide the service due to an unforeseeable and unavoidable event.
6.8. After the provision of the contractual service, if the bank or financial institution does not pay the service fee to the SELLER because the credit card used by the CUSTOMER for the payment of the accommodation fee has been misused and unlawfully used by unauthorized people, through no fault of the SELLER, the CUSTOMER will be liable for the disputed service fee and any damages, as well as the legal interest accruing from the date of the reservation.
6.9. If the SELLER /SUPPLIER wrongfully refuses to provide the service, the SELLER /SUPPLIER will return all payments made by the CUSTOMER to the CUSTOMER within 14 days.
6.10. The refund shall be made to the credit card used for the payment or to the bank account from which the payment was made. It shall not be made to a different account.
6.11. If the CUSTOMER notifies that he/she wants to cancel the accommodation service purchased by him/her up to 15 days (including the 15th day) before the start of the service in writing or by fixed data storage, he will be refunded the full amount paid (except for the costs resulting from the taxes, duties and similar legal obligations to be paid, as well as the deduction of the bank commission of 5% if the payment is made by credit card).
6.12. If the CUSTOMER notifies that he/she wants to cancel the accommodation service purchased by him/her up to a period between 8 days (including the 8th day) and 14 days (including the 14th day) before the start of the service in writing or by fixed data storage, he/she agrees to pay 50% of the price to the SELLER and if this period is less than 8 days (7 days or less), he/she agrees to pay the full amount. However, the fee will not be refunded if the service was purchased using the NON-REFUNDABLE PAYMENT option, which is offered to the CUSTOMER at a discount during the sale. In addition, no refund will be made if the CUSTOMER doesn’t accommodate without canceling or makes changes.
6.13. Changes in dates requested by the CUSTOMER will imply a waiver and will be communicated in writing by the CUSTOMER, taking into account the deadlines mentioned above.
6.13. With this agreement, the CUSTOMER agrees, declares and undertakes that in the event that he/she changes/wants the reservation made during the special discount period (early booking period, etc.), the new reservation will be made in accordance with the price lists in force at the time of the actual reservation. The Customer agrees that the special discounts do not apply to reservation changes made outside the periods in which the special discounts are applied at the time of registration.
6.15. The SELLER /SUPPLIER will respond to the CUSTOMER’s change request within the time period available to the SELLER /SUPPLIER at that time.
6.16. Children will receive an age discount if they stay in the same room with their parents (adults). According to this agreement, the age of the child/children indicated by the customer when making the reservation will be taken into account when checking in the hotel. In order to determine the age of the child/children, the hotel staff may require that the identity of the child/children be presented when checking in. In this case, the customer will show the identity of the child. If the age of the child indicated at the time of reservation and the age of the child in the ID card differ, the necessary changes will be made to the reservation and the customer agrees, declares and undertakes to pay the resulting difference in price.
6.17. The CUSTOMER cannot transfer the purchased service to third parties under any circumstances. In case of transfer, this agreement will be terminated without good cause and the CUSTOMER agrees that no refund will be made.
6.18. If the CUSTOMER does not notify in writing that he/she will participate in the service whose start he/she missed, the SELLER / SUPPLIER has the right to cancel all reservations and services made on behalf of the CUSTOMER after 24 hours. In such cases, no refund will be made to the CUSTOMER. If the CUSTOMER declares that he/she will participate in the service again within 24 hours after the start of the service, he/she can benefit from the service.
6.19. The SELLER /SUPPLIER may cancel all or part of the announced or registered tours, provided that the CUSTOMER is informed about it before the start of the service. In such a case, the service fee paid by the CUSTOMER will be refunded within 14 days.
6.20. Since the contact information such as address, phone, email provided by the CUSTOMER during the purchase will be used for notifications, the CUSTOMER is responsible for not notifying changes in contact information. The CUSTOMER irrevocably agrees, declares and undertakes that he/she bears the sole responsibility for any conflict that may arise for this reason.
6.21. If the CUSTOMER is a minor, depending on the rules of the facility, he/she may not be able to access the service without their parents or legal guardian. If such a situation occurs, the non-refundable cancelation policy in this agreement will apply.
6.22. The CUSTOMER agrees that regardless of the time of arrival at the hotel where the SELLER /SUPPLIER provides service, he/she will check in at the hotel no earlier than 2:00 p.m. on the day of arrival and will leave the room no later than 12:00 p.m., regardless of when he/she leaves the hotel and he/she will pay the cost of the additional service offered to him/her after leaving the room.
6.23. If the CUSTOMER behaves in a way that he/she disturbs the service rules of the SELLER /SUPPLIER and the general regulation in the hotel, the SELLER /SUPPLIER has the right to ask the CUSTOMER to leave the hotel. In this case, the CUSTOMER agrees that no refund will be given.
6.24. If the CUSTOMER makes payment by credit card, the title of the SELLER will appear on the bank statement. The transaction made through this commercial title is related to the service received by the CUSTOMER. If there is an already signed agreement between the parties covering the same services, it will automatically become invalid when this agreement is signed and the latest agreement will be effective.
7. APPROVAL FOR COMMERCIAL ELECTRONIC MESSAGES
The CUSTOMER consents to be informed about the services, advertisements, promotions, campaigns and activities of the SELLER /SUPPLIER and the brands operated by the SELLER /SUPPLIER, its suppliers and the organizations from which it receives services, as well as the partners, stakeholders and the organizations with which they collaborate and agrees to the sending of commercial electronic messages, emails, SMS, etc. to him/her in accordance with Law No. 6563. If the CUSTOMER wants to withdraw its consent, he/she must notify the SELLER /SUPPLIER and communication channels of the SELLER /SUPPLIER in this Agreement and the SELLER /SUPPLIER will stop the notification.
8. PROCESSING OF PERSONAL DATA and EXPLICIT CONSENT DECLARATION
The personal data provided by CUSTOMER within the framework of this agreement will be processed, protected and kept in the country and abroad in accordance with the provisions of the Law on Protection of Personal Data No. 6698 in order to allow the persons concerned to benefit from the services offered by the SELLER /SUPPLIER and to enable the business units to carry out the necessary work and manage the relevant business processes during the stay. By signing the Agreement , the CUSTOMER agrees and declares that he/she has read and been informed of the “Clarification Text”, the “Agreement on the Protection of Personal Data and Confidentiality”, the “Explicit Consent Declaration” on the website www.univertravel.com, he/she consents to the processing of his/her personal data, including sensitive personal data, within the scope of Articles 5 and 6 of the Law on the Protection of Personal Data No. 6698.
9. EVIDENTIAL CONTRACT
It has been accepted as evidence by the parties pursuant to Article 193 of the Code of Civil Procedure that in all circumstances, the electronic and system records, commercial records, ledger records, microfilms, microfiche and computer records kept in the SELLER /SUPPLIER’s or Agency’s own database or in the database, cloud of the organizations from which it receives services shall constitute binding, conclusive and exclusive evidence.
10. CHANGES IN THE AGREEMENT
As of the date of signing of this Agreement, neither party may demand the change or amendment of any provision of this Agreement except as provided herein. If the parties agree, all types of changes in the agreement are made in writing, the parties cannot claim that some provisions of the agreement have been tacitly amended, as the actual practices have not been objected to.
11. NOTIFICATION
The addresses of the parties specified to in Article 1 of this Agreement are accepted as addresses for the notices to be given because of the Agreement. The party whose address has changed is obliged to notify the other party in writing within 3 days, otherwise the notification made to the old address will remain valid. All notifications to be made on the basis of this Agreement must be in writing.
12. RIGHT OF WITHDRAWAL
The “right of withdrawal” is governed by Article 9 of the Distance Agreements Regulation, and the “exceptions to the right of withdrawal” are governed by Article 15 of the same regulation. Accordingly, the CUSTOMER agrees, declares and undertakes that he/she knows that he/she cannot use his/her right of withdrawal in the cases specified in Article 15 of the Law on the Protection of the Consumer No. 6502 and Distance Agreements Regulation.
The CUSTOMER agrees and undertakes that relevant goods or services are as specified in clause (g) of article 15 of the Distance Agreements Regulation “Agreements for accommodation, transportation, car rental, food and beverage supply, and leisure time for entertainment or recreation, which must be made on a specific date or period” and as specified in clause (ğ) “Agreements for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer” and he/she does not have RIGHT OF WITHDRAWAL.
13. RESOLUTION OF DISPUTES
In case of disputes arising out of the performance of this Agreement, the Arbitration Committee for Consumer Problems in the area where the buyer purchased the goods or where he/she resides shall have jurisdiction up to the value specified by the Ministry of Commerce, and in case of disputes exceeding this value, the Consumer Courts shall have the jurisdiction in the area where the buyer or the seller resides. In other disputes, the jurisdiction of the Istanbul Courts and Execution Offices has been accepted.
14. FINAL PROVISIONS
A bank commission of 5% will be deducted from the refund amount for refund transactions made under this agreement if the payment is made by credit card. The CUSTOMER accepts this deduction by signing the agreement and paying by credit card.
15. EFFECTIVE DATE
All articles of this Agreement have been read and accepted by the BUYER and SELLER, and the term of the agreement begins on the date of signature and ends with the provision of the service. The terms and conditions for using the website, the Agreement on the Protection of Personal Data and Confidentiality, the Explicit Consent Declaration and the Special Terms and Conditions of the Agreement are annexes to the Agreement and are included in the Agreement. This Agreement has been effective as of the date and time of signing by the CUSTOMER /BUYER.
16. ANNEXES OF THE AGREEMENT
THE RESERVATION FORM AND THE INFORMATION ON IT ARE AN INTEGRAL PART AND ANNEX OF THE AGREEMENT. THE CUSTOMER ACCEPTS THE RESERVATION FORM AND THE AGREEMENT AS A WHOLE.