1) PARTIES AND SUBJECT MATTER
On one side, ACE GOLF TRAVEL TOURISM LTD. (hereinafter referred to as the Agency) owned by the owner of ACE GOLF TRAVEL agency, holding a Class A certificate approved by the Ministry of Culture and Tourism with the number …, and on the other side, the participant whose name, surname, and other personal information are stated in the “Golf Package Registration Form,” which is an integral part of this agreement (hereinafter referred to as the participant), has signed a package tour contract for the provision of the specified service, in accordance with the terms and conditions explicitly stated herein, having been approved by both parties.
2) CHARACTERISTICS OF THE SERVICE AND PLACE OF PERFORMANCE
In accordance with the contract between the agency and the participant, it is mutually agreed by both parties that this contract is an integral part and supplement of this contract. The agency undertakes to provide the services specified in the package program, which is an integral part of this contract, along with the total cost of the package, while the participant agrees, declares, and undertakes to fulfill the obligations specified in this contract and the attached program. The special price conditions, special terms, and commitments included in the program and participation forms, which are also part of this contract, are accepted by the parties to be complementary and inseparable parts of this contract. Any changes to the golf package by the parties can be made with the prior notification and consent of both parties. The basic features of the service provided by the agency, including package departure, return dates and times, duration of the package including accommodation, stopover locations, transportation and transfer connections including package and tour routes, modes of transportation, accommodation location and class, number of meal servings, if any, guide and other services included in the package, are provided in the tour program signed by the participant, and the participant hereby agrees and undertakes to receive services within this program. In this regard, the participant acknowledges and undertakes that this contract and its annexes constitute a golf package contract in accordance with the relevant legislation.
3) GENERAL CONDITIONS
a) An application confirmed orally or in writing becomes valid and effective with the timely payment of the prepayment specified in the golf package program to the bank specified by the agency or in the manner notified by the agency, and with the participant’s signing, approval, and/or acceptance of this contract in writing or electronically. b) The participant who makes a reservation on behalf of multiple individuals or a group is obliged to inform all other participants and group members in detail about the detailed itinerary program and the conditions of this contract, which are an integral part of this contract, and to declare that this contract and its annexes are valid for each participant within the same group. It is mutually agreed and undertaken by the parties that this contract will become valid with this obligation. c) Participants who register for the trip on behalf of other participants, even if they do not have a signature in the contract, are deemed to have accepted and undertaken the terms of this contract by having the registered participants sign this contract. Participants who join the trip, even if they do not sign the contract, have agreed to participate in the golf package under the terms of this contract due to the Ace Golf Travel website. Therefore, participants have no right to cancel or postpone the golf package. d) Even if there is more than one participant or a group reservation, each of the participants belonging to the group is responsible for fulfilling the conditions and providing the documents and information requested by the agency within the required time and in due time as an integral part of the detailed itinerary program included in this contract.
4) FORCE MAJEURE
a) The agency cannot be held responsible for any damages or losses arising directly or indirectly from any adverse consequences caused by any reason, including but not limited to natural disasters (earthquake, flood, fire, landslide, eruption of lava and volcano…), force majeure (martial law, curfew, terrorism, hotel, airport raid, hijacking of aircraft, war, civil unrest, riots and similar actions), public movements (strike, rally, march, road closure…), intergovernmental tensions, diplomatic restrictions, health issues (epidemics, quarantine), adverse weather conditions (snowfall, blizzard, fog, storm, lightning…), changes in customs regulations, general restrictions in the transportation sector, including bankruptcy or liquidation of any transportation company by air, train or sea, provided that there is no attributable fault to the agency. In short, in the absence of any fault attributable to the agency, there is no obligation to pay any amount. In this case, the agency cannot be held responsible for its inability to fulfill its obligations or incomplete performance or deficiencies in performance. The participant hereby acknowledges and undertakes that he/she will not make any material or moral claims against the agency in such cases and waives his/her claims. After the expenses made by the agency until the cancellation of the package are deducted, the remaining amount will be refunded to the participant. b) The agency has the right to unilaterally terminate the contract and the entire program attached thereto due to any reason specified above. c) The agency cannot be held responsible for any adverse consequences arising from delays, breakdowns, accidents, or personal faults of the drivers of these vehicles, as contrary to the agreements made with transportation vehicles (bus, minibus, midibus, off-road vehicles, rental cars, train, ferry, ship, aircraft, helicopter, balloon). In this sense, no material or moral liability can be attributed to the agency. In case of possible delays due to flight cancellations, delays, or technical failures, the sole addressee of the participant is the airline companies and the owners of transportation vehicles. The participant hereby acknowledges and undertakes in advance that any changes and arrangements may be made in flights by airline companies in flights within the framework of the Warsaw Convention provisions revised on 28.9.1995 and international aviation rules, and he/she will not object to this. d) The agency reserves the right to change the package due to natural, social, cultural, road and weather conditions. e) The agency reserves the right to use other force majeure reasons not written in this contract and provided by other regulations. f) The agency has the right to change the airline, transfer points, accommodation facilities, or departure times by notifying the participant in advance and subject to the same standards, and it is mutually agreed by the parties that the participant does not have the right to cancel and/or request a refund in such cases.
5) PAYMENTS AND RESERVATION CONDITIONS a) Applications regarding reservation by the Participant to the Agency can be made verbally (phone, office visit, etc.) or in writing (letter, fax, e-mail, etc.) before or after the detailed package program goes on sale. The agency prioritizes the applications and the participant is notified that the trip is confirmed or that they are on the reserve list. b) The price of the package, including taxes, and the method of payment are stated. It can also be collected in €, provided that the transaction is made at the exchange rates determined daily by the agency. For single withdrawals and installment sales with credit cards, card commissions applied by banks and intermediary institutions are added to the amount. c) The pre-reservation made is finalized by depositing at least 50% of the package price and simultaneously signing this sales contract. The balance must be paid no later than 30 days before the package date. If the specified payments are not made within the mentioned periods, the reservation made will be cancelled. d) The Agency reserves the right to unilaterally cancel the application unconditionally and without the obligation to give any reason, if the payment is not made in the manner and on the specified date. In this case, the agency does not have a prerequisite for giving written or verbal feedback or statements.) Prepayment and/or advance payment cannot be made to the bank for a package without receiving confirmation from the agency. All costs and expenses related to the return of such erroneous and unconfirmed transfer belong to the participant or the sender.
6) TRAVEL INSURANCE The agency is obliged to provide compulsory package insurance for travel agency activities in accordance with Law No. 1571. The agency can obtain this insurance from companies that fulfill the guarantees required for travel insurance in accordance with the relevant law of TÜRSAB or the Ministry of Tourism. This insurance covers the bankruptcy of the agency or the failure to provide the package tour service for any reason. It is not a more comprehensive Travel Assurance Package and/or Health insurance and does not cover treatment and similar expenses. Purchasing such a comprehensive insurance package is a private expense for the guest.
7) TRAVEL TOUR PRICES a) The agency has clearly stated what is included and what is not included in the prices offered for the packages it offers for sale with its detailed program for accommodation packages and the payment terms, leaving no room for hesitation. Apart from the detailed tour program, any additional services requested by the participant (room and flight seat selection, transportation class selection, etc.) are forwarded to the relevant institution for fulfillment, provided that the fees are paid. However, there is no guarantee that the request will be fulfilled. The participant has no right to postpone, cancel or request compensation for the trip due to additional services that cannot be provided. b) Visa fees of countries that apply visas are strictly excluded from the price, and visa fees are also included in this price. The participant accepts and undertakes that he/she will not request a refund due to the visa not being obtained due to reasons arising from or not caused by the participant. c) Since transportation, airport taxes, ticket issuance service fee, international exit fees and visa fees are calculated separately in the detailed golf package program, if these fees are changed by the relevant institutions near the start of the package and an additional fee is requested, the participant will be charged this fee without any reservation. He also agreed to pay unconditionally. Since such price differences that may be beyond the initiative of the agency must be paid immediately by the participant, the participant has accepted the right that these price differences and increases will be added to the package price by the agency. d) Prices given in package programs are per person in double rooms. Except for the special conditions specified in the detailed golf package program annexed to this contract, the participant accepts and undertakes that if the participant who wants to stay in double rooms but makes a reservation as one person does not have a roommate with him 21 days before the trip, he will have to pay the difference for one person. e) If a participant who joins the trip to stay in a double room and makes a prepayment wants to cancel the package, the second person who will stay in the room in cases where the participant has the right to a refund, and if the participant does not pay the single room difference, the participant who withdraws from the single room will pay the single room difference and agrees in advance that it will be deducted from the amount he can get a refund. and commits.
9) TERMINATION CONDITIONS a) The Agency may cancel any package 30 days before the golf package start date or before, if deemed necessary, without obtaining approval from the participant, but by notifying the participant. In such cancellations, the amount paid to the participant will be refunded in full. However, the participant accepts and undertakes that the participant has no right to claim any material or moral compensation before the agency due to this cancellation and waives such compensation claims. b) If the payments are made by credit card by the participant, the credit card commission charged by the banks will be deducted and refunded. The agency is not responsible for any damages arising from the participant voluntarily upgrading the aircraft or using miles. c) – If the package is canceled by the participant after the reservation is made, regardless of the reason, even if more than 90 days remain until the package start date, a 15 percent cancellation penalty will be applied for the reservation made. For cancellations made between 90 days and 61 days in advance: 25 percent of the total package price; For cancellations made between 60 days and 30 days in advance: 50 percent; A cancellation penalty will be applied and the remaining money will be refunded. – NO REFUNDS WILL BE GIVEN for cancellations made after this date. In addition, any other losses that may arise from the amount paid for the flight ticket and insurance policy will be calculated separately and collected from the canceling participant. If the refund is made through a bank, bank charges are deducted from the amount to be refunded. d) The participant agrees and undertakes to pay the package fee to the agency under the above conditions in case of cancellation. Otherwise, the agency reserves the right to claim legal interest that will accrue and any loss or damage that may arise from delay. e) The participant may transfer the purchased package to any person he/she wishes up to 21 days before the start of the trip, except for the special conditions specified in the detailed golf package program. The transferee is jointly and severally liable with the transferor for the balance and expenses arising from the transfer. Even if the transferee does not have a signature on the sales contract, the transferee is responsible for this sales contract in accordance with the rule of succession, and the transferee does not have the right to request a refund if he cannot go on the trip due to reasons arising from himself or if he cannot participate for any reason. f) The agency has the right to cancel all reservations made on behalf of the participant 24 hours after the start of the trip, unless the participant notifies in writing that he will participate in the golf package that he missed the start of. The participant accepts and undertakes that no payment or refund will be made to the participant in such cancellations. g) When the participant or the agency cancels the package in accordance with the cancellation conditions, the amount to be refunded will be in the currency paid to the agency. The agency cannot be responsible for exchange rate differences that may occur over time. For payments made by credit card, the refund will be made to the same credit card. The agency cannot be responsible for possible damages that may occur.
10) PROBLEMS ARISING FROM THE AGENCY’S MISTAKE If the trip cannot be made due to reasons arising from the agency’s faulty application or serious fault, the agency accepts and undertakes to refund the entire amount paid to the participant. a) The Agency is responsible for any changes that occur after the start of the golf package program purchased by the consumer. The agency may compensate the consumer for obvious changes that are harmful to the consumer during or after the golf package in the form of a fee or service refund in accordance with the provisions of the TÜRSAB Schedule (TÜRSAB TOURISM CONSUMERS’ REQUESTS EVALUATION SCHEDULE), as well as additional services provided to the consumer during the package that are not included in the price. can also seek compensation. The fact that additional or replacement services have been received and used or consumed by the consumer eliminates the consumer’s rights to refund and compensation. b) In matters not written in this contract, provisions of 1618 SY, 4077 SY, 4288 SY, 2634 SY, IATA, IHA, UFTAA Convention, Civil Aviation Law, The provisions of the UK, the Turkish Commercial Code, the international agreements in which Turkey is included, and the statutes, regulations, circulars and communiqués issued thereunder, and the internationally accepted Frankfurter Tabelle’s TÜRSAB Schedule applicable in Turkey will be applied.
11) PROBLEMS THAT MAY ARISE FROM MISTAKES OR EXCUSES OF THE PARTICIPANT a) The agency cannot be held responsible for the consequences that may arise from payments not made on time, documents not delivered to the agency on time or incomplete documents. In such cases, the agency has the right to cancel the participant’s trip. In cases where the participant’s reservation is canceled due to the participant not submitting the documents requested by the agency on time, the provisions of the article titled above are applied for refunds in such cancellations. Mandatory cancellations after the dates specified in this termination clause will not be refunded, regardless of the reason, and the participant will not have any right to claim for these reasons. b) When applying for a visa to consulates through an agency, the participant accepts that the agency is only an intermediary institution. The participant also accepts that the agency has no responsibility or liability if the visa is not issued to the participant. The agency cannot be held responsible for any financial damages that may arise from this contract due to visa rejection. c) Participant’s identity card, passport, customs documents, ticket, vaccination, etc. Not being able to go on a trip due to reasons such as disability, having an invalid passport from the parent, not having a consent to go abroad for their children, having a report that they cannot travel on airplanes, not having enough blank pages or not enough time in their passport, or being prevented from going abroad by judicial or administrative authorities or law enforcement officers. The participant cannot claim any refund, refund or compensation from the agency in case he/she is banned or blocked, kept in an airport, arrested or detained during the trip. d) The participant is responsible for the accuracy of the name or surname (as written in the passport) information declared in this agreement. The agency will rely on the information provided to it by the participant in passport, visa, customs procedures or ticket transactions, and the agency has absolutely no obligation to conduct a separate or independent review or investigation of this information. The agency cannot be held responsible for any problems or consequences arising from the information provided to the agency by the participant. The participant cannot have any claim or right for compensation in this case. e) In case the participant is late to the accommodation or meeting place or misses the package due to a delay that may arise from the means of transportation (such as plane, train, ship, bus, private vehicle) in arriving at the starting point of the trip or a similar reason (such as not being able to find a place in the transportation vehicles or traffic congestion), cannot hold the agency responsible for these matters that are under its responsibility, and cannot make any claims or compensation. If the participant is not ready at the airport, station, bus station or meeting point at the relevant departure point at the time notified by the agency, in case of delay or failure to arrive, the ticket will not be canceled and the trip fee will not be refunded in any way. f) Except for documenting a service that has not been provided despite paying the fee, no refund is possible if the participant does not want to stay at the allocated hotel for any reason or wants to leave the trip or hotel due to personal problems or excuses. g) The participant accepts and undertakes that he will not hold the agency responsible for the consequences of his own health problems (blood pressure, heart, asthma, high altitude problems, etc.). h) The participant accepts and undertakes that the agency will not be held responsible for any damage or loss that may occur to persons or property beyond the agency’s control, or any injuries such as sprains or fractures that may occur during the agency’s package program and for which no fault can be attributed to the agency. The agency will do its best in such cases, but the addressee for such requests will be the relevant insurance company. i) If the participant continues to benefit from the package program despite complaining, he/she is deemed to have waived his/her claim for compensation and refund regarding the subject of the complaint.
12) VARIOUS ISSUES a) The participant is responsible for any damage, loss or damage caused by the participant in the accommodation facilities or service providing vehicles and venues. b) The agency does not make any representations, warranties and/or guarantees regarding obtaining a visa. Since obtaining a visa does not guarantee entry to the country in question, the agency will not have any liability if the participant is not accepted to the country included in the package, and for this reason alone, the participant has no right to a refund, compensation or damage to the agency, and there is no compensation to be paid to the participant in this regard. the ayes have it. c) Participant’s tax debt, etc. The participant is responsible for any damages and losses that may occur if he/she cannot start the package, even against his/her wishes, due to reasons such as a ban on traveling abroad or a ban on traveling abroad for any reason. In such cases, the participant accepts and undertakes that he/she has no right to compensation before the agency. d) The participant is responsible for any excess baggage amount other than the announced baggage quantity and weight. The participant is solely and completely responsible for all loss and damage arising from the participant’s failure to pay the excess baggage amount to the relevant airline company. e) In cases where the luggage is damaged or lost, the agency is not responsible and will do its best to solve the problem. The participant will be responsible for dealing with the relevant accommodation, transportation or insurance company. f) The participant must comply with the hotel check-in and check-out times announced by the accommodation facilities in advance. The participant is responsible for payments other than the services included in the trip price, and the participant is obliged to pay such expenses immediately and on time. g) The agency reserves the right to change the tour guide, airline company, hotel and facilities in case of necessity, provided that the participant is informed unilaterally. h) Any responsibility regarding the baggage and its contents belongs to the participant. The agency cannot be held responsible for any loss or damage to cameras, mobile phones, computers, valuable documents or jewelery left in luggage or handbags. I) The participant is responsible for evaluating the suitability of the package he/she will register for with his/her health and fitness conditions. For this purpose, she may request all kinds of written and verbal information from the agency. Participants with any health problems are obliged to consult their doctor and obtain approval before registering for the package and to notify the agency of this situation before registering for the package. Depending on the type of discomfort, the agency reserves the right to accept or reject the participant’s package. i) Group leaders are obliged to convey information about the flow of the package to their group. The participant must ensure that he/she receives all information regarding the package completely and accurately at every stage. The agency cannot be held responsible for the consequences that may arise from not having heard the explanations addressed to the general public, or from incomplete or indirect misunderstanding of the information provided. j) Each participant who does not comply with the rules and creates unrest within the group by displaying incompatible behavior and exhibits individual behavior, who wants to change the package program by forming a group, is responsible to the other participant and the agency for all damage and loss that may occur due to these behaviors, and is obliged to cover all damages that may arise. k) It is the responsibility of the participant to comply with the local customs and traditions in the countries visited, to follow the warnings and to act as recommended for personal safety. The participant is responsible for any material and moral damages caused by the participant in these matters. l) The agency does not make any promises to the participant other than the written matters in this contract and its annexes. Except for those specified, no person or organization is authorized to make promises to the participant on behalf of the agency or to discount the package fee. m) It is the duty of care of the well-intentioned consumer to notify the agency official in writing about the issues the participant is complaining about during the performance of the service. If the participant uses the service to the fullest even though he/she has a complaint, it eliminates the participant’s rights to compensation such as replacement service or refund regarding the issues he/she complains about. Complaints expressed in any survey or feedback form that may be distributed or presented by the agency after the end of the trip are not evaluated within the scope of this article and do not give the participant any right to claim. n) The agency has the right and initiative to choose the most suitable vehicle for the safety and health of the package and the game, both during the package and the package, and it is not possible for the participant to request an extra or additional vehicle. The participant has already accepted and undertaken that he/she will not object to traveling with the most suitable vehicle provided by the agency. o) The participant cannot request a discount and/or refund from the agency regarding whether there is a price difference between the participants and other participants. For this reason, he cannot request cancellation. p) The participant accepts and undertakes that in cases where the group leader misses meeting the guide at the meeting point and meeting time specified in the program at the beginning of the trip, thus not being able to participate in the trip, missing the plane, missing the bus, etc., the package fee will not be refunded to the participant and that he cannot request an exchange with another package. r) The participant accepts and undertakes in advance that if the means of transportation are changed outside of the initiative, the possible cost increases will be reflected in the package prices as they are and that the participant will pay the cost difference without objecting to this situation. s) It is accepted and undertaken by the participating party that the agency will not have any liability in case the border cannot be crossed or the relevant country cannot be entered due to possible problems at border gates or customs areas at airports. t) If the participant misses the tour leader slowly or absent-mindedly during the package and gets lost at the tour site or remains alone, the participant is responsible for the additional fees incurred or incurred by the participant, and the participant accepts and undertakes that he/she will not make a request to the agency and will not request a deduction and/or refund due to such expenses. . u) In case of leaving the facility before the breakfast and/or lunch and dinner time at the accommodation facilities, the participant cannot claim the cost or refund of these meals. If more time is spent during the package and game due to unforeseen reasons and a sudden change is made in the program, the agency has no liability due to this change that occurs outside the initiative, and the participant cannot claim any material or moral compensation from the agency in this regard. The participant has no right to claim in this regard. v) By signing the contract, the participant accepts that he will receive phone calls, SMS messages and news about the packages and informative e-mails from the agency. y) The agency undertakes to adhere to its legal responsibilities announced on its website regarding the processing and storage of personal data. (www. acegolftravel.com)
13) NOTIFICATIONS AND NOTIFICATIONS The title and address information of the agency declared by the Participant and stated below are the legal residence and head office address, and the parties have accepted that notifications to these addresses will result in a legal notification and result.
14) DISPUTE This sales contract is subject to Turkish law and will be interpreted in accordance with Turkish law. The participant accepts that the agency’s records are conclusive evidence in case of dispute. It was signed after being read and signed by both parties and their conformity with their wills were exchanged, and in case of dispute, Istanbul (central) courts and enforcement offices are authorized.
ACE GOLF TRAVEL TURİZM LTD. ŞTİ.
Belek Mah. Atatürk (Çamlık) Cad. No:18/D Antalya / Serik / Belek
Tel: +905369912462 www.acegolftravel.com
