Atlasholidays Service Reservation & Sales Agreement
The consumer has been informed before the service is provided pursuant to the provisions of Law on the Protection of the Consumer numbered 6502 and the Package Tour Agreements Regulations dated 14.01.2015 and numbered 29236 and this Agreement has been made with the following terms and conditions.
Article 1 – PARTIES
1.1. This Agreement has been made between AKFE YAPI İNŞAAT TURİZM YATIRIM SANAYİ VE TİCARET A.Ş. having its registered office at Şenlikköy Mah. Yeşilköy Cad. No: 9/A Florya, Bakırköy / Istanbul - Turkey ("ATLASHOLIDAYS") and the CUSTOMER buying the service defined in Article 3.
1.2. CUSTOMER is the natural person or legal entity that has the name surname/trade title, residence address, R.T. Personal number/tax number, date of birth/date of registration in the trade registry, e-mail address and the telephone numbers entered in the website and confirmed to be true for the membership on www.atlasholidays.com electronic commerce website ("WEBSITE") of ATLASHOLIDAYS.
Article 2: CONTRACT SERVICE, PRICE AND PAYMENT
2.1. This agreement regulates the sales of the below mentioned service which the CUSTOMER intends to buy by entering the WEBSITE of ATLASHOLIDAYS including the processes through the application on mobile device or by individually applying to ATLASHOLIDAYS authorized agency to the CUSTOMER and the rights and liabilities of the parties concerning the other issues. After the CUSTOMER agrees this Agreement on the WEBSITE or in ATLASHOLIDAY authorized agency, the price and expenses of the service he/she wants to buy are collected by the chosen payment method.
2.2. Type, price and sale value of the service and payment (collection) information are as follows.
Name or title, full address, phone number and other contact information of the package tour organizer or agent and the representative if any and the participant:
Ticket and Hotel Information:
Commencement and ending dates and place of the journey:
Means of transport used and the class departure and return dates, times and places of the journey:
Accommodation dates, type, place, qualification and class of the accommodation:
Places of destination of the package tour and in case of staying for a specific time, the dates and duration of stay:
Total price of the package tour including taxes in Turkish Lira:
Passport and visa number and validity:
Age and information regarding the medical conditions of the consumer:
Minimum number of participants for the package tour organization and the deadline for the cancellation notice of the package tour to the participant if such number is not reached:
Information regarding Compulsory insurance and other insurances if any:
Information about tour guiding services:
Taxes, fees, duties and similar legal liabilities not included in package tour price:
Special requests of the customer notified before the contract:
Route of the journey:
Price and Sales Value:
Number of days of the accommodation:
Payment (Collection) Information:
Mode-Means of Payment:
Article 3- POINTS PREVIOUSLY NOTIFIED TO THE CUSTOMER
3.1. CUSTOMER confirms and accepts that he/she is previously informed by ATLASHOLIDAYS about the following points regarding the service to be provided, and he/she has obtained information by seeing and reviewing all general and special explanations before the establishment of this Agreement with the acceptance of the CUSTOMER on the WEBSITE or in the authorized agent of ATLASHOLIDAYS and before entering the payment liability of the sales value specified in the Agreement.
3.1.1. The title and contact information of ATLASHOLIDAYS and current introductory information;
3.1.2. Sales processing stages regarding the purchase of the service through the WEBSITE and proper instruments and methods for the correction of the information entered incorrectly;
3.1.3. Rules of privacy, data usage-processing and electronic communication applied by ATLASHOLIDAYS for CUSTOMER information, and the permissions granted by CUSTOMER to ATLASHOLIDAYS on the said matters, CUSTOMER’s legal rights, rights of ATLASHOLIDAYS and the parties’ usage procedures of their rights;
3.1.4. Restrictions of service stipulated by ATLASHOLIDAYS;
3.1.5. Methods and instruments of payment accepted by ATLASHOLIDAYS for the service and the main features and qualifications of the service, total price including taxes (total value which will be paid by the CUSTOMER to ATLASHOLIDAYS including the relevant expenses);
3.1.6. Other payment/collection and delivery information about the service and the information about the execution of the Agreement, the commitments and responsibilities of the parties on these subjects;
3.1.7. Services for which the CUSTOMER does not have the right of withdrawal;
3.1.8. The conditions of using the right of withdrawal, if any, by the CUSTOMER, duration and procedure, and the CUSTOMER’s forfeiture of the right of withdrawal if it is not exercised in due of time;
3.1.9. In case of the service with the right of withdrawal, the possibility of collecting the amount by deducting from the refund made to the CUSTOMER;
3.1.10. If the CUSTOMER is a legal entity, it can not exercise the consumer rights especially the right of withdrawal for the services purchased for commercial or professional purposes (in any case, mass purchase shall be deemed like this);
3.1.11. As all other terms and conditions contained in this Agreement and this Agreement are sent to the CUSTOMER by electronic mail or submitted by hand by the authorized agent of ATLASHOLIDAYS after the establishment of it with the acceptance of the CUSTOMER on the WEBSITE or in the authorized agent of ATLASHOLIDAYS, CUSTOMER may keep it for any time and have access, and ATLASHOLIDAYS may keep this Agreement for the period specified in the law;
3.1.12. In case of dispute, the CUSTOMER may communicate his/her complaints to ATLASHOLIDAYS, and legal application may be made to District/Provincial Arbitration Boards and Consumer Courts according to the relevant provisions of Law no. 6502;
3.1.13. Commencement and ending dates and place of the journey;
3.1.14. Means of transport used and the class departure and return dates, times and places of the journey;
3.1.15. Accommodation dates, type, place, qualification, and class of the accommodation;
3.1.16. Meal plan;
3.1.17. Route of the journey;
3.1.18. Information about the passport, visa, age and medical conditions according to the package tour qualifications;
3.1.19. Minimum number of participants for the package tour organization, if any, and the deadline for the cancellation notice of the package tour to the participant if such number is not reached;
3.1.20. Compulsory insurance as per the Law on Travel Agencies and Union of Travel Agencies dated 14/9/1972 and numbered 1618 and other insurances if any;
3.1.21. Information about tour guiding services.
Article 4- GENERAL PROVISIONS
4.1. If requested and required by the service provided, CUSTOMER is liable to present the documents confirming his/her identity information submitted at the time of reservation. CUSTOMER and ATLASHOLIDAYS’ authorized agent shall be jointly and severally responsible for any loss incurred due to difference between the documents presented by the CUSTOMER and identity information submitted at the time of reservation.
4.2. In case the CUSTOMER does not pay to ATLASHOLIDAYS the service charge of the relevant bank or financial institution regarding the claim that the credit card used by the CUSTOMER to pay the agreement value is used inequitably and unlawfully by unauthorized persons without fault of ATLASHOLIDAYS after the execution of the work which is the subject of the agreement and the CUSTOMER and credit card owner are different persons; CUSTOMER shall be responsible for the contested service charge and any loss together with the legal interest accrued from the date of reservation.
ARTICLE 5 – RULES REGARDING THE CONFIDENTIALITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATION AND INTELLECTUAL-INDUSTRIAL RIGHTS
5.1. Following privacy rules, policies and conditions are valid for the protection, privacy, processing, usage of information on the WEBSITE and communication and other matters:
5.2. Necessary measures for the security of the information entered by CUSTOMER on the WEBSITE and the processes based on such information have been taken in the system infrastructure of ATLASHOLIDAYS as per the current technical possibilities according to the nature of information and process. In addition, as such information is entered using the CUSTOMER’s device, it is the responsibility of the CUSTOMER to take the necessary measures including the ones related to viruses and similar harmful applications in order to be protected and not be accessed by unauthorized persons.
5.3. Based on the approval of the CUSTOMER granted by accepting this Agreement, ATLASHOLIDAYS may record, keep in printed/magnetic archives, update when required, share, transfer, use and otherwise process the information received from the CUSTOMER at the time of WEBSITE membership and shopping with its current affiliates, subsidiaries, partners, successors and/or third parties/organizations for the provision of various services and for electronic and other commercial-social communication made for information, advertising-introduction, promotion, sales, marketing, store card, credit card and membership purposes, for a period specified in the laws with the specified parties and their successors. Based on the approval granted by accepting this Agreement, CUSTOMER agrees and authorizes the abovementioned use, sharing, processing of the personal or non-personal available and new information and to receive commercial and non-commercial electronic communication and other communication pursuant to Law on Protection of Personal Data dated 24.3.2016 and numbered 6698 and electronic commerce regulations.
5.4. CUSTOMER has the right to request the termination of use, processing, transfer of his/her data or communication with him/her by reaching ATLASHOLIDAYS through the communication channels specified in the Agreement. As per the explicit declaration of the CUSTOMER in this respect, the use, processing, transfer of his/her personal data or the communication with him/her is terminated within legal period; besides, upon the request of the CUSTOMER, the information is deleted from the data recording system or made anonymous except for the information which is required and/or possible to be kept legally. CUSTOMER may always apply to and receive information from ATLASHOLIDAYS through the abovementioned communication channels regarding the correction of the procedures for processing his/her personal data or the persons to whom it is transferred if they are missing or incorrect, notification of the corrected information to relevant third parties, deletion or destruction of the data, objection to a result obtained from automatic system analysis against him/her, and the compensation of loss incurred as a result of illegal processing of the data. ATLASHOLIDAYS shall fulfill the applications and requests of the CUSTOMER within legal period, or may reject the applications and requests giving legal reasons to the CUSTOMER.
5.5. All intellectual and industrial rights and property rights regarding all information and content of the WEBSITE and their arrangement, revision and partial or complete usage belong to ATLASHOLIDAYS excluding the ones belonging to other third parties as per the other agreements binding ATLASHOLIDAYS.
Article 6- TERMINATION AND TRANSFER
6.1. CUSTOMER may terminate this Agreement unilaterally under the following conditions provided that request for termination is sent to ATLASHOLIDAYS in writing or through the permanent data storage.
6.2. In case CUSTOMER terminates the Agreement up to minimum 30 days prior to the commencement of the service, the whole price paid by the CUSTOMER except for the compulsory taxes, fees and expenses arising from similar legal liabilities is refunded unless the service offered under the Agreement by the third parties providing such service abroad and that are not a party to this Agreement is non-refundable.
6.3. In case the Customer terminates the Agreement in a period less than 30 days prior to the commencement of the service, the deduction in the amount and/or at the rate of ______________________________ can be made from the values paid by the CUSTOMER.
6.4. In case of the submission of a report confirming the disease/death of the CUSTOMER or his/her first degree relatives which does not exist at the time of reservation but prevents them from participating in the service under the Agreement and similar documents regarding other situations which can not be anticipated despite due diligence of the CUSTOMER in writing prior to the commencement of the service, the amount paid shall be refunded to the CUSTOMER without any deduction except for the compulsory taxes, fees and expenses arising from similar legal liabilities and the documented and non-refundable amounts paid or which will be paid to third parties within 14 days from the receipt of the relevant reports and documents by ATLASHOLIDAYS unless the service offered under the Agreement by the third parties providing such service abroad and that are not a party to this Agreement is non-refundable.
6.5. In case the CUSTOMER does not inform in writing that he/she shall participate in the service the beginning of which he/she has missed partially or completely without any valid reason, ATLASHOLIDAYS reserves the right to cancel all reservations and services on the name of the CUSTOMER after 24 hours and to terminate the Agreement. In such cases, no refund is made to the CUSTOMER. If the CUSTOMER informs within 24 hours from the commencement of the service that he/she shall participate in the service, the difference arising from the service charges of the transportation shall be paid by the CUSTOMER provided that similar service is available and such service can be provided on the date of such declaration of the CUSTOMER.
6.6. ATLASHOLIDAYS may partially or completely change the details of the service announced or booked or cancel the service with valid reasons prior to the commencement of the service by notifying the CUSTOMER. If the CUSTOMER does not accept such changes and cancellation, he/she may exercise one of the following 3 (three) rights of choice by notifying his/her cancellation of the reservation in writing or through the permanent data storage within 2 business days: In this case the CUSTOMER has the right; (1) to participate in a package tour with an equal or higher value offered by ATLASHOLIDAY or its agent without paying additional charge or (2) to participate in a package tour with a lower value provided that the price difference is refunded to him/her or (3) to withdraw from the contract without paying any compensation.
Article 7- OTHER PROVISIONS
7.1. CUSTOMER can make use of the services offered by ATLASHOLIDAYS under this Agreement only by reading this Service Reservation and Sales Agreement and checking the relevant box at electronic commerce website of ATLASHOLIDAYS at www.atlasholidays.com ("WEBSITE"). It is not possible to make use of the services offered under the Agreement without fulfilling the said process.
7.2. CUSTOMER hereby declares, accepts and undertakes to fulfill his/her liabilities under this Agreement in full.
7.3. This Agreement takes effect on the date of receipt by the CUSTOMER's electronic mail address of the confirmation electronic mail sent to electronic mail address of the CUSTOMER following the completion of the reservation or after it is signed by the CUSTOMER upon the submission by the authorized agent of ATLASHOLIDAYS.
7.4. Unless otherwise stipulated in writing by ATLASHOLIDAYS, CUSTOMER should pay the whole service sales price before the service is realized. In case of cash sales, if the service charge is not paid in full to ATLASHOLIDAYS before the service, ATLASHOLIDAYS may unilaterally cancel the service and terminate the Agreement without assuming any responsibility.
7.5. If the bank/financial institution to which the credit card used belongs does not pay the service sales value to ATLASHOLIDAYS or reclaims the amount paid due to any reason before the realization of the service, service sales value shall be reflected to the CUSTOMER by ATLASHOLIDAYS when the CUSTOMER and credit card owner are different persons.
7.6. In case of default of the CUSTOMER, commercial advance interest is applied on a monthly basis as stipulated by the Laws in force.
7.7. ATLASHOLIDAYS has and reserves the rights of deduction, reduction and discount arising from this Agreement and relevant Laws for the amount refunded. CUSTOMER's legal rights are also reserved for the situations in which the Agreement is terminated by the CUSTOMER due to non-performance of ATLASHOLIDAYS.
7.8. CUSTOMER may submit his/her demands and complaints about the service and sales to ATLASHOLIODAYS verbally or in writing through ATLASHOLIDAYS communication channels in the introduction section of the Agreement.
7.9. CUSTOMER hereby accepts, declares and undertakes that he/she has read and has information about the documents containing the qualifications of the service which is the subject of this Agreement, sales value and the method of payment and the detailed information about the performance; he/she shall have his/her passport, valid visa and identity card for overseas accommodation, and identity card and/or passport for Cyprus accommodation, he/she has fulfilled the visa liabilities of the country travelled determined for the citizens of the country which the CUSTOMER is a citizen of, and he/he shall keep all documents required for this purpose during the term of service and present them to the authorities if requested, and ATLASHOLIDAYS shall not have any legal and/or penal responsibility if the CUSTOMER is not allowed to go out from the country due to any uncompleted passport process or personal reasons arising from the CUSTOMER himself/herself (tax debt, absence of visa, lack of permission from any governmental institution etc.) or is not allowed to enter the country travelled due to lack and/or inconsistency of passport, visa and similar processes; he/she has the whole responsibility related to his/her baggage and content; he/she is obliged to follow and control the items he/she has, ATLASHOLIDAYS and/or its employees shall not have any legal and/or penal responsibility due to the items lost, stolen during the service, he/she shall not make any claim against ATLASHOLIDAYS and/or employees of ATLASHOLIDAYS due to the reasons specified; he/she is liable to comply with the laws and practices which the facility he/she will accommodate and the vehicle he/she will travel within the scope of the service specified in this Agreement are subject to; he/she shall obey the rules notified by the facility, agent and means of transport authorities regarding the service purchased, he/she shall not put the safety of life and property of third parties at risk, otherwise ATLASHOLIDAYS shall not perform the service under the Agreement and the CUSTOMER does not have the right of return for this reason; CUSTOMER shall pay for the extra food, drinks, personal expenses outside the scope of the service under this Agreement and the value of all goods and services outside the scope of the service; he/she shall notify ATLASHOLIDAYS authorities and the accommodation hotel in writing as per the liability of cooperation and diligence about the reasons of termination of the service if the service is terminated due to being defective, otherwise he/she shall be deemed to have made use of the service completely.
7.10. CUSTOMER hereby accepts, declares and undertakes that he/she is a party to the Agreement also on behalf of the other persons who will participate with him/her in the service provided under this Agreement and he/she is liable to give information of the said persons such as name-surname, Personal Number correctly to include them in the service, and he/she is liable and responsible for informing the other participants about the scope of information given to him/her, the information submitted to him/her through the WEBSITE is deemed to be given to the participants and the information given under this article is deemed to be accepted by the said participants.
7.11. ATLASHOLIDAYS hereby accepts, declares and undertakes that the information given on the WEBSITE and the subjects arranged in this Agreement are parallel.
7.12. Except for the fault of the CUSTOMER, unexpected and unavoidable behavior of a third party, force majeure (bad weather conditions, road barrier, strike, terror, fog, probability of war, unpredictable technical problems etc.), occurrence of unpredictable and unpreventable situation despite the due diligence of ATLASHOLIDAYS in which cases the CUSTOMER shall not have the right to compensation; if ATLASHOLIDAYS breaches the Agreement partially or completely, ATLASHOLIDAYS shall be responsible for the loss incurred by the CUSTOMER provided that compulsory insurance provisions defined in the Law no. 1618 are reserved.
7.13. Part of the situations written above may not be included in this Agreement as per their nature. Nevertheless, the arrangements included in the information seen and agreed by the CUSTOMER on the WEBSITE constitute the integral part of this Agreement.
7.14. CUSTOMER has the right to keep and save the information sent to his/her electronic mail address or submitted by ATLASHOLIDAYS authorized agent after the acceptance of the Agreement, the Agreement and the electronic mail containing them to reach and view them at any time. On the other hand, this Agreement and all other relevant records are kept in ATLASHOLIDAYS systems for the legal periods.
7.15. ATLASHOLIDAYS records constitute evidence for the settlement of any disputes which may arise from this Agreement and/or its application; the rights of the parties in the relevant imperative legal regulations are valid and reserved.
7.16. CUSTOMER hereby accepts and declares that he/she has read all terms and explanations in this Agreement and in the information on the WEBSITE which is an integral part of it, he/she has previous knowledge about the basic properties, qualifications, sales price, mode of payment of the service sold, all other information about ATLASHOLIDAYS and the service sold, and all subjects written in article 3 of this Agreement including the right of withdrawal and personal information and electronic communication information, he/she has seen all of them on the WEBSITE electronically or in the Agreement text submitted by ATLASHOLIDAYS authorized agent and he/she has given confirmation, approval and acceptance for them electronically and has agreed the terms of this Agreement with the purchase of the service.
7.17. Such information and this Agreement is also sent to the above-mentioned electronic mail address of the CUSTOMER given to ATLASHOLIDAYS, and the said electronic mail includes the summary of order together with the confirmation of the receipt of the order.
7.18. In case one or more articles of this Agreement become invalid due to any reason, the other provisions of the Agreement shall not be affected and remain in force.
7.19. As the communication information such as address, telephone, e-mail given by the CUSTOMER at the time of drawing up the Agreement shall be used for the notifications referred in the Agreement, the responsibility of not notifying the changes of communication information belongs to the CUSTOMER.
7.20. If the service is a package tour, the situations of incomplete package tour or failure to provide the package tour are secured with insurance pursuant to article 12 of the Law no. 1618. Scope of guarantee is as much as the package tour amount. CUSTOMER may buy insurance for the expenses of returning to departure point in case of accident and sickness and for the loss arising from any accident and for the treatment expenses at his/her own expense before the package tour and/or accommodation service commences.
7.21. Travel insurance security package is paid by the CUSTOMER. The scope of the coverage due to missing or defective performance, loss, damage and harm of the CUSTOMER buying travel insurance service or whose package includes travel insurance shall be determined by the insurance policy of the insurance company providing this service. ATLASHOLIDAYS does not have any responsibility for the content, scope and application of such coverage.
7.22. CUSTOMER approves to be informed about the brands operated by ATLASHOLIDAYS and the services, advertisements, announcements, campaigns and activities of its suppliers and the organizations with which it cooperates and to receive commercial electronic messages pursuant to the Law no. 6563. If the CUSTOMER wants to cancel such approval, he/she shall notify ATLASHOLIDAYS through the communication channels included in this Agreement and ATLASHOLIDAYS shall cease to send information.
7.23. If the information given to the CUSTOMER or the provisions of the Agreement remain unchanged, no information shall be given again before the journey.
7.24. Turkish Law shall be applied for any disputes arising from the execution of this Agreement and Istanbul Courts and Execution Offices shall be competent.
This Agreement consisting of 7 articles have been issued with me, and I have read, agreed and approved its final version, and I have received one copy of it together with all annexes in writing or through permanent data storage. I hereby accept, declare and undertake that I have read and received information about all services provided under the package tour which is the subject of this Agreement and their qualifications, sales price and mode of payment and the performance within the framework of the Law on the Protection of the Consumers and Package Tour Agreements Regulations, and I have read and understood the content and articles of the Agreement and I have been informed. I have been informed that I can buy optional travel insurance regarding the package tour. This declaration is valid also when my reservation is executed and signed by someone else on my behalf.
AKFE YAPI İNŞAAT TURİZM YATIRIM SANAYİ VE TİCARET A.Ş. CUSTOMER