Distance Sales

DISTANCE SALES CONTRACT

 

Article-1

PARTIES

 

1.1. Information of the Seller;

'SELLER'; (hereinafter referred to as "SELLER" in the contract)

Seller’s Title: Trio Travel Turizm Sağlık Sanayi ve Ticaret Limited Şirketi

Mersis No: 0859137170800001

Address: Kadirga Liman Caddesi No:45/A Sultanahmet - ISTANBUL

Phone: +90 507 943 68 58

E-mail: info@istanbulluxurytransfer.com   

 

Our company is a member of the Istanbul Chamber of Commerce (ITO), and the electronic contact information where you can obtain ITO's code of conduct regarding the profession is as follows: (www.ito.org.tr, Telephone: 444 0 466)

 

1.2. Information on the Buyer;

 

'BUYER'; (hereinafter referred to as "BUYER" in the contract)

Buyer’s Name: [name]

Surname: [surname]

Contact Address:

[company] [addres 1st line] [addres 2nd line] [city] [postal code] [county] [country]

Telephone: [phone number]

By accepting this contract, the BUYER agrees in advance that if he/she creates the reservation subject to the contract, he/she will be obliged to pay the price subject to the order and the additional fees specified such as tax and that he/she has been informed in this regard.

 

Article-2

DEFINITIONS

 

In this Agreement, the expressions defined below shall have the following meanings unless expressly defined differently elsewhere in this Agreement or in any annexes hereto which may hereafter be executed refers to:

 

2.1. "Buyer" is a natural or legal person who makes transactions on the Website,

2.2. "Minister" means the Minister of Customs and Trade,

2.3. "Ministry" means the Ministry of Customs and Trade,

2.4. "Price" means the total price of the Order created by the Buyer,

2.5. "Invoice" means a paper invoice, electronic invoice, or e-archive invoice,

2.6. "Service" means any consumer transaction, other than the provision of goods, which is made or undertaken to be made in return for a fee or benefit,

2.7. "Return Form", the document shared with the Buyer in the Preliminary Information Form and which must be filled in and sent to the Seller for returns to be made in accordance with the provisions of this Agreement,

2.8. "Website", Trio Travel Turizm Sağlık Sanayi ve Ticaret Limited Şirketi website and mobile applications of this website,

2.9. "Law" means the Law No. 6502 on Consumer Protection,

2.10. "Personal Data" means any information relating to an identified or identifiable natural person,

2.11. "Force Majeure" shall be deemed to be Force Majeure (pandemic, epidemic, epidemic disease, natural disaster, war, terrorism, insurrection, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.), which did not exist or were not foreseen at the time of signing the Agreement, which developed beyond the control of the Parties, and which, with its occurrence, made it impossible for one or both of the Parties to fulfill their contractual obligations and responsibilities partially or completely or to fulfill them on time. However, the Parties shall not claim that the performance of their obligations to pay money under the contract is affected by the Force Majeure event.

2.13. "Payment" means the Buyer's payment of the Price of the Services purchased by the Buyer to the Seller through the payment options defined on the Website,

2.14. "Seller" refers to Trio Travel Turizm Sağlık Sanayi ve Ticaret Limited Şirketi

2.15. "Order" means all of the Services for which the Buyer has completed the purchase on the Website,

2.16. "Order Confirmation" means the Seller's digital declaration of acceptance that the Services purchased by the Buyer have been sold to the Buyer,

2.17. "Orderer" means a natural or legal person who requests a service through the SELLER's website,

2.18. "Site" means the website of the SELLER,

2.19. "Agreement", Law No. 6563 on the Regulation of Electronic Commerce and this Distance Sales Agreement regulated in accordance with Article 4/e of the Distance Contracts Regulation published in the Official Gazette dated November 27, 2014, and numbered 29188 regarding the implementation of this law and other legislation,

2.20. "Parties", SELLER and BUYER,

2.21. "Delivery" means the delivery of the Order to the Buyer's Delivery Address by cargo or delivery companies,

2.22. "Product(s)" means any service offered for sale by the Seller on the Website

2.23. "Regulation" refers to the Regulation on Distance Contracts (OG: 27.11.2014/29188)

 

 

Article-3

SUBJECT OF THE CONTRACT

 

3.1. The subject of this contract 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, the Distance Contracts Regulation, and other relevant legislation in relation to the sale and presentation of the Products whose qualifications and sales price are specified below, which the Buyer who signed this contract ordered electronically from the Seller's Website. The provisions of the Code of Obligations and the Turkish Commercial Code shall apply to Buyers who are not considered consumers.

 

3.2. The Buyer, the name, title, open address, telephone and other access information of the Seller, the basic qualities of the goods subject to sale, the sales price including taxes, the payment method, the conditions and costs of the delivery of the Products, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to exercise this right, the official authorities where they can submit their complaints and objections, etc. It accepts and declares that the seller has informed it in a clear, understandable, and suitable for the internet environment and that it accepts and declares that it accepts the provisions of this Agreement by ordering the Product by giving its confirmation- approval- acceptance- permission to this preliminary information electronically.         

 

3.3. The Preliminary Information on the Website and the invoice issued upon the order placed by the Buyer are integral parts of this contract.

 

Article-4

CONTRACTUAL SERVICE(S), PAYMENT INFORMATION,

EXECUTION OF THE SERVICE(S)

 

4.1. The Buyer accepts and declares that he/she has been informed about the nature, type, service code, amount, total cost, payment method, the person to whom the service will be provided, the date and place where the service will be provided, invoice information, additional services, if any, and the fees for these services before the payment is made and that he/she approves this information. The person to be invoiced and the person who made the contract must be the same.

 

4.2. It consists of the type of service, amount, total cost, payment method, and information when the reservation is finalized.

 

4.3. The basic characteristics, total cost, date, place, and payment terms of the service subject to this Agreement are stated in the Reservation Summary. The Reservation Summary is an integral annex and part of this Agreement.

 

4.4. The total cost of the service subject to the contract, including all taxes, is shown below.

 

Service: [Tour Name] [Tour Code]

Date: [Date of Service Provision]

Number of People: [Number of People Booked]

Total Price [Total Cost of Tour]

 

Payment

 

4.5. The total service fee stated above is collected from the Buyer by Trio Travel Turizm Sağlık Sanayi ve Ticaret Limited Şirketi. The TL amount, including VAT (total installment amounts in installment transactions) of the Products selected by the Buyer and all costs, including shipping fees, if any, are processed through the payment method chosen by the Customer after approval by the Buyer, and an order confirmation e-mail is sent to the Buyer following the payment.

 

4.6. Payment is made on condition that the Buyer fills in the payment details and information in full and completely in the relevant section and the Payment is approved by the bank or the Seller according to the selected Payment method. Payment can be made as a single payment, or installment options provided by banks can also be used. The Seller can change the accepted payment methods and installment facilities anytime.

 

4.7. The debt payment to be made by the Buyer to the bank that is the provider of the debit card, credit card, or digital payment instruments used by the Buyer in the Payment, and any arrangements regarding this payment or delays are between the Buyer and the relevant bank and the Seller is not a party to these matters.

 

4.8. The Buyer is obliged to use the debit card, credit card, or digital payment instruments that belong to him and that he is authorized to use in all Payments to be made on the Website by debit or credit card or through digital payment systems.

 

4.9. The Buyer accepts, declares, and undertakes that he/she will carry out the transactions and Payments to be made by using a debit card, credit card, or digital payment instruments entirely on his/her own behalf and account and in case of using payment instruments belonging to third parties, he/she accepts, declares and undertakes that he/she will obtain approval and instructions from the debit card, credit card and/or account holder for the payment transaction. The Buyer shall bear the financial, legal, and criminal liability arising from the failure to obtain these instructions, consents, and approvals.

 

4.10. If the payment is made by a payment instrument that does not belong to the Buyer, the Seller assumes no liability to the owner of the payment instrument. The Seller cannot be shown as a party in disputes that may arise between the Buyer and these persons.

 

4.11. All legal, financial and criminal liability arising from using lost, stolen, duplicate, expired, insufficient limit debit and credit cards belongs to the Buyer. 

 

4.12. If the total price of the paid Order, including the situation specified in Article 4.8. above, is canceled or returned to the rightful owner for legal reasons, and the Buyer's payment obligation to the Seller continues. In such a case, the Buyer's debt becomes due and payable without notice upon the realization of the return and cancellation, and the canceled or returned Payment amounts shall be immediately paid by the Buyer to the Seller in cash and in a lump sum. The Seller is under no obligation to deliver the Order until the completion of the Payment by the Buyer. The Buyer shall be liable for any damages arising from the cancellation and return of the relevant Payment. 

 

4.13. If the Seller suffers any damages due to irregular or illegal use, the Buyer has agreed and undertaken to cover these damages.

4.14. If irregularities are detected in the payment and banking transactions made by the Buyer in the digital environment within the scope of membership or purchase transactions carried out on the Website, the transaction is blocked, and the relevant membership is frozen. The Order in which irregularities are detected in banking and payment transactions shall be canceled and necessary notifications and complaints shall be made to the judicial and administrative authorities about the relevant persons. Transaction and log records are forwarded to the official authorities as evidence of the irregularity. 

 

Execution of Service

 

4.15. The Seller undertakes to provide the touristic tour service purchased by the Buyer on the dates specified in the Agreement, under the conditions specified and within the scope of the service clearly defined in the Agreement.

 

4.16. The service provision shall occur on the date and place specified by the Buyer. The Seller shall notify the Buyer of all details regarding the service provision at least one day before the service start date. If the service is not utilized on the specified date and place, the seller does not accept responsibility, and the damages and expenses arising belong to the Buyer.

 

4.17. If the Seller is obliged to make any changes to the dates, locations, or other important details of the provision of services, it is obliged to immediately notify the Buyer of such changes. If the Buyer does not accept the changes, he may exercise his right of withdrawal, and the amount paid will be refunded without any deduction.

 

4.18. The Buyer shall receive the purchased service on the date and place specified in the contract. If the service is not received on the date and place specified by the buyer, the seller does not accept responsibility.

 

4.19. The Seller shall make all reasonable efforts to provide the purchased tour to the Buyer. However, the Seller cannot be held responsible for delays in the tour service provision or failure to fulfill the service due to weather conditions, natural disasters, transportation strikes, unexpected road closures on important routes, and external factors beyond its control. In the event of such external factors, the Seller is obliged to notify the Buyer immediately. In this case, the Seller and the Buyer can negotiate alternative solutions regarding the service provision. For example, alternatives such as rescheduling the tour to another date or conducting it on a different route may be considered.

 

4.20. If the Buyer does not accept the proposed alternative solutions, the payments made shall be refunded no later than 14 days from the date of occurrence of the external factors and notification to the Buyer.

 

Article-5

INVOICE INFORMATION

 

Name/Surname/Title: [name] [surname]

Address: [adres 1st line] [adres 2nd line] [city] [postal code] [county] [country]

Telephone: [recipient phone number]

Email/Username: [email/username]

Invoice Delivery: The invoice will be sent to the Buyer's e-mail address after the booked tour is realized (service is provided), including the fees for additional services requested, if any.

 

 

Article-6

RIGHT OF WAIVER AND THE CANCELLATION OF THE ORDER

 

Pursuant to Article 15(g) of the Regulation on Distance Contracts No. RG. 27.11.2014/29188, the buyer cannot exercise the right of withdrawal in contracts for accommodation, transportation of goods, car rental, food and beverage supply, and leisure time for entertainment or recreation, which must be made on a specific date or period.

 

 

Article-7

SAFETY

 

The Seller has taken the necessary measures to secure the information shared and transactions made by the Buyer on the Website within the scope of its infrastructure and technological possibilities. The Buyer is aware that despite all the security measures taken by the Seller, the security of the device used by the Buyer while making transactions on the Website may jeopardize the security of the information and transactions shared on the Website. The Buyer accepts that it is its responsibility to take the necessary measures against viruses and similar harmful applications to protect its device and prevent access to its information and transactions.

 

Article-8

PROTECTION OF THE PERSONAL DATA

 

8.1. The Buyer, with his/her consent to this Agreement, accepts and declares that he/she has explicit consent to the processing of his/her Personal Data and its transfer to our business partners at home and abroad, provided that it is limited to the same legal reason and purpose, for the Seller to fulfill its obligations arising from the Agreement and for legal reasons stipulated in the relevant legislation; in order to ensure the supply, transportation and delivery of his/her order.

 

8.2. The data security policy of the Seller, which includes the details of the protection and processing of the Buyer's Personal Data, has been published at Trio Travel Turizm Sağlık Sanayi ve Ticaret Limited Şirketi/pages/veri-guvenligi-politikasi. The Buyer accepts the data security policy of the Seller with its approval of this Agreement.

 

Article-9

PRELIMINARY INFORMATION

 

9.1. In all kinds of sales transactions made on the Website, prior to the completion of the sale and payment process, the Buyer shall be informed about the details of the purchased Products (information such as touristic trip dates, number of participants, preferred services and special requests and fee information) and information about the seller and the legal rights of the consumer, in accordance with Law No. 6563, Law No. 6502 and related regulations. The Order is completed after the Buyer approves this information digitally.

 

9.2. A copy of the Preliminary Information Form is sent to the Buyer by e-mail after the completion of the Order.

 

Article-10

OTHER PROVISIONS

10.1. The Seller is not responsible for price inaccuracies arising from typographical and system errors.

 

10.2. The Buyer accepts, declares, and undertakes that he/she has read and understood the Agreement and is aware of his/her rights and obligations.

 

Article-11

NOTICE

 

Notifications made to the addresses specified in this Agreement shall be deemed valid and binding in accordance with the legal regulations on notifications under Turkish Law unless a Party notifies the other Party of a change of address in writing through a notary public.

 

Article-12

INTEGRITY

 

12.1. This Agreement and any documents heretofore executed as annexes to this Agreement constitute the entire agreement between the Parties and terminate and supersede all prior understandings between the Parties with respect to the subject matter of this Agreement.

 

Article 13

SEPARABILITY

 

13.1. If any provision or rule in this Agreement is found to be unenforceable or invalidated for any reason, the other provisions and rules shall remain in force.

13.2. If any invalid or unenforceable provision is to be rendered valid, enforceable, or legal by modification, such provision shall be enforced with the minimum modification necessary to render such provision legal, valid, or enforceable.

13.3. The Parties shall use reasonable endeavors to ensure this Agreement is in full force and effect.

 

Article-14

EFFECTIVENESS

 

14.1. The BUYER is deemed to have accepted all the terms of this contract when he/she makes the payment for the order placed through the Site.

 

14.2. SELLER :  Trio Travel Turizm Sağlık Sanayi ve Ticaret Limited Şirketi

E-MAIL: info@istanbulluxurytransfer.com

 

BUYER :  [name] [surname] [email]

Telephone: [phone number]

Your reservation details:

Reservation no:

Special requests:

Total order amount:

 

14.3. A copy of this Agreement established in a digital environment has been sent to the Buyer by e-mail.

 

14.4. The Seller has the right to make changes at any time in the Distance Sales Contracts regulating the sales made on the Website. Amendments to the Agreement shall be binding for transactions made after the date of publication of the Agreement containing the amendments on the website.

 

Article-15

APPLICABLE LAW and JURISDICTION

 

15.1. Turkish Law is the applicable law in disputes arising out of this Agreement, its annexes, or the relationship between the Seller and the Buyer.

15.2. The Buyer may directly communicate its complaints about the purchased Products to the Seller (using the Seller's contact addresses specified above under the heading Parties). In the event of a complaint, the Seller will provide all possible support to resolve the problem.

15.3. In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees within the monetary limits determined by the Ministry of Commerce every year as required by law, and Consumer Courts in cases exceeding these limits. Within this framework, the Buyer may apply to the Arbitration Committees and Consumer Courts in his/her or the Seller's place of residence (domicile) if he/she wishes.