Adams Holiday Terms & Conditions & Cancellation Policy
1. Our contract
a. All bookings are made with Adams Holiday Turizm Ticaret Ltd Sti. trading as Adams Holiday (hereafter referred to as Adams Holiday, us or we).
b. By booking a product with us you will be deemed to have read, understood and accepted these Booking Terms & Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation / invoice.
c. A 'Client' (You) is all persons named on the booking form intending to travel with Adams Holiday.
d. A 'Product' is any service sold by Adams Holiday.
e. A contract between you and us comes into existence when we have confirmed the booking in writing and issued a Confirmation.
f. The person submitting the booking form (that incorporates these terms and conditions), either in hard copy or online warrants that s/he has full authority to do so on behalf of all persons whose names appear thereon, and confirms that all such persons are fully aware of and understand these terms and conditions.
g. We reserve the right to decline any booking at our discretion without further explanation.
h. Our company's website is www.adamsholiday.com. Our phone numbers are + 3843417070 and our whatsapp number is + 905324136704. Our website, logo and title have been registered by the state of the Republic of Turkey. Apart from this information, there is absolutely no website or contact number of our company. The purchases you have made, except for the contact details we have stated above, will be ignored by our company.
2. Information and Payment Policy
a. Before a booking is confirmed, we reserve the right to amend brochure prices due to any circumstances outside our control, such as but not limited to changes relating to governmental action, increases in transportation costs (including schedule airfares and the cost of fuel) changes in any dues, taxes or fees chargeable for services (including landing taxes or embarkation/disembarkation fees at airports), increases in admission fees and exchange rates.
b. Bank transfers are accepted as the full amount payable as published. We can only accept credit card payments in Turkish Lira (TRY). The full amount payable in Turkish Lira is calculated by taking the daily buying exchange rate on the date of sale multiplied by the full amount published and payable. The daily exchange rate can be found at www.tcmb.gov.tr. Your bank will use their exchange rate when charging your credit card for the amount of Turkish Lira that was withdrawn by us. We accept no responsibility for variations in the final transaction amount due to foreign currency and other fees and exchange rates used by banking institutions.
c. In case of cancellation of the reservation after the deposit payment is made, according to the items in the cancellation conditions, if there is an amount to be refunded, it will only be refunded to the card account where the transaction was made.
d. Any reduced prices or discounts that become available after you have paid your deposit will not apply to you. If you wish to cancel your booking to take advantage of a cheaper price, normal cancellation conditions will apply.
3. Deposit & Final Payment
a. Group Tours, FIT (Independent) & Private Tours: The following non-refundable deposits are required within 7 days of booking to hold a place for you on a group tour. In the case of FIT & Private tours a further deposit may be required by a specific hotel, tour operator, cruise line, airline or other principal. Final payment is due 42 days prior to departure. If your booking is made within 42 days of the departure date, then the full amount is payable at the time of booking.
b.
In the case of FIT & Private tours a further deposit may be required by a specific hotel, tour operator, cruise line, airline or other principal. Final payment is due 42 days prior
to departure. If your booking is made within 42 days of the departure date, then the full amount is payable at the time of booking.
c. Gulet cruises: Clients are required to pay a non-refundable deposit of 25% of the total booking cost must be paid within 7 days of booking. Full payment is required 60 days prior to departure.
d. Accommodation, Day Tours & Products with a total value under 350 Euro: Full payment must be received within 7 days of booking.
4. Child Discount Rates
a. The minimum traveller age for escorted group tours is 8 years. The exception to this is cabin charter gulet cruises – see clauses 26e & 26f below.
b. Children aged from 8 – 12 years of age travelling on an escorted group tour in Turkey with two accompanying adults will receive a discount of 25% off the full rate. The child discount cannot be combined with other discounts. At the time of booking, whichever discount is the highest will be applied to a booking.
c. Children of any age are welcome to participate in Day Tours and on independent travel programs or private gulet charters. Children aged 0-3 travelling on a day tour will be free of charge. Children aged 4-10 years travelling on a day tour will receive a discount of 25% off the full rate.
d. Full price is applied to children under the age of 12 who will participate in activities such as balloon tours and parachutes.
e. Children receive discounts on tours involving travel in Greece; however applicable discounts are dependent upon the specific itinerary, and will be advised by us at time of booking and applied upon confirmation.
f. Persons under 18 may book any of our tours only if they are travelling with a parent or legal guardian. There can be no exceptions to this policy.
5. Airport transfers
a. Airport transfers, where included in the tour, are available upon the start of services, for inbound transfers and the final day of tour for outbound transfers as per the tour itinerary. If you book pre-tour accommodation through us, the check in date would be deemed as the start of your services with us.
b. İstanbul airport transfers where included in the tour are available for all flights from either Ataturk or Sabiha Gokcen airports.
c. Full flight details including arrival time and flight number must be provided a minimum of 48 hours prior to arrival. Failure to provide full and correct details may void transfer entitlement.
d. Airport transfers are only available to and from tour hotels as specified by Adams Holiday.
6. Luggage
a. In addition to any personal items such as a handbag or laptop computer, you are entitled to have one main piece of luggage and a cabin bag or day pack. Please note that some domestic airlines in Turkey have a luggage limit of 15kg. If your tour program includes a domestic flight and your luggage exceeds 15kg you will be responsible for any excess baggage fees.
7. Free Time
a. Certain periods during the tour may be designated as "free time". These periods are provided primarily to give the Client a chance to rest, relax and/ or explore. The Client is free to use this free time as they wish. We do not accept responsibility for any loss, accident or injury which occurs during such 'free time'.
8. Tour Inclusions and Exclusions
a. The price of your tour includes all accommodation, transport and sightseeing as listed in the inclusions section of your itinerary. Your tour price excludes any item not mentioned in the inclusions section of your itinerary. This includes, but is not limited to: air travel unless mentioned within the inclusions of the tour; airport arrival/departure taxes, visas, personal insurance, personal items such as, but not limited to, extra beverages at meals, food or snacks at times other than your meal included on the itinerary, laundry, telephone, fax or Internet/E-mail access charges, film, fees for taking photographs or videos in certain locations, fees for changing money, medical expenses, excess baggage fees, customs duties, shopping and tips or gratuities. In short if it's not mentioned in the inclusions section of the itinerary then its not included.
9. Guaranteed Departure Products
a. Guaranteed Departure Products are guaranteed to depart on the dates advertised in the brochure except where beyond the control of Adams Holiday by Force Majeure and include all tours within the brochure and on the website with the exception of products detailed in clauses 24, 25 and 26.
10. Minimum Number Products
a. I declare that the name, credit card and other information I entered during the reservation are correct. Adams Holiday is not liable for any problems that may arise if the information is not correct. Card information given during pre-reservation will be valid for cancellation, refund payment, and no refund or cancellation payment is made for other name and card information. I have read and accept all the terms above
11. Minimum Number Products
a. Minimum Number Products are all Products that are not listed as Guaranteed Departure Products on our website. In the event that a minimum number product fails to secure sufficient bookings on any departure date, we will inform you or your Agent. In such a case you will be given the option of changing to an alternative date or Product of comparable value or upgrading to another tour or a refund of all monies paid. In this case, we will use our best endeavours to find a suitable alternative.
12.Maximum Group Size Products
a. Maximum number products include all tours with a Greek travel component and Gulet cruises. A maximum limit of 20 passengers is set for these tours. Maximum gulet numbers vary according to available cabin space. Bookings will be closed and not be accepted after this limit is reached. This limit may be changed at our discretion without notice if extenuating circumstances necessitate this. The maximum group size does not apply to ANZAC Day products.
13. Gulet cruises
a. Availability must be confirmed with Adams Holiday in writing prior to acceptance of any booking.
b. The departure date of a gulet cruise may not be changed by the client within 2 weeks of departure.
c. Single travellers must pay single supplement. The option to twin share with another traveller is not available. The option for a cabin with two single beds is not available as most gulets only have double beds.
d. The departure date of a gulet cruise may not be changed within 72 hours of departure.
e. Children under 12 years of age are not permitted on cabin charter gulet cruises.
f. Young travellers aged between 12 – 17 years undertaking a cabin charter gulet cruise must share a cabin with an accompanying adult.
14. Amendments & Cancellations by You
a - You can cancel at any time cancellation fees apply as follows. The cancellation will be effective as at the time that we receive a written request from you or your Agent. The following cancellation charges will apply:
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Days before Departure
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Group Tours / FIT & Private Tours
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Day Tours / Transfers / Accommodation
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Gulet Cruises
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43+ days
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Deposit
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Nil
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60+ days
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Deposit
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42 - 29 days
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25%
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Nil
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60 - 31 days
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25% (Deposit)
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28 - 14 days
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50%
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Nil
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30 - 16 days
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50%
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13 - 3 days
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100%
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Nil
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15 - 0 days
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100%
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2 - 0 days
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100%
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100%
|
|
|
| |
|
|
|
|
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b - After your booking has been confirmed proposed amendments must be provided to us in writing by 'the Lead Client' and will incur an administration fee of equivalent to EUR 50.00 except for the first change that will incur no fee or as otherwise agreed. No requested change can be guaranteed.
c - If any number of your party is prevented from travelling because of death, injury or serious illness of the client, close relative or friend, redundancy or jury service, it may be possible to transfer the booking to another suitable person or departure date or tour of similar standard and cost provided that written notice is confirmed by Adams Holiday.
d - If a refund is payable to you either because of an amendment or cancellation, the refund amount will be calculated according to these conditions and with consideration of evidence of exceptional circumstances. All bank fees incurred for processing/transferring the credited amount to the client will be the responsibility of the client.
e - No refund is given for a partially used Product.
f - No refund is available on bookings that received a discount due to a special offer or promotion.
15. Cancellation By Adams Holiday
a. All Adams Holiday Products are subject to a minimum number of participants except for guaranteed Departure Products listed in Clause 24.
b. We reserve the right to cancel any confirmed booking in any circumstances, however, we will not cancel a Guaranteed Departure Product except in the unusual circumstances of force majeure, defined here as war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, flight cancellation or any other external circumstances beyond our control. Compensation is not available if we are forced to cancel or in any way change a tour due to force majeure. However, where we are unable to provide the tour booked, we will return to you any monies paid to us or offer an alternative date or holiday of comparable standard.
16. Change of Hotels and Itinerary
a. We publish all product information in good faith and we will use our best endeavours to operate all Products as advertised. However, we reserve the right to change the tour itinerary at any time.
b. If we make a major itinerary change before departure, if time permits, we will inform you as soon as possible before your departure. A major change is one that affects at least one day out of five of the itinerary. When a major change is made, you may choose between accepting the change, obtaining a refund of money paid on the land portion of your trip, or accepting an alternative tour of the same or lesser value.
c. We reserve the right to change an itinerary after departure due to local circumstances or events outside our control. In such emergency circumstances, any additional costs of necessary itinerary alterations will be covered by you. We are not responsible for any incidental expenses that may be incurred as a result of a change of itinerary, including visas, vaccinations, or non-refundable flights.
d. The hotels listed on the our website are intended to be used on all departures, however, from time to time hotels may be changed in order to meet operating requirements and local conditions. We reserve the right to substitute hotels without prior notice. If a change becomes necessary for any reason, including alternate hotels for additional departures on the same date, or hotel location changes within or outside itinerary cities, the hotel substituted will be of equivalent or higher standard, when available, to those shown. No refunds are provided for hotel changes. Full cancellation penalties as noted above apply.
17. Accommodations
a. Organised tour accommodations are based on twin/double/triple share accommodation.
b. Single travellers may share a twin room with another traveller of the same sex, if available. If a same-sex room share is not available then the single room supplement will be payable. Room shares are arranged in order of booking.
c. For pre and post tour accommodations the entire room will be reserved for you. We cannot arrange shared pre and post tour accommodations for single travellers. Payment of a single supplement is required in this instance.
d. We will make every effort to accommodate people travelling together in their requested room type, however, this cannot be guaranteed.
e. Special requests such as bed types, smoking preference and connecting rooms are subject to availability.
f. If you are booking a triple room, please note that in some hotels, the third bed may be a “fold-away” bed. Availability of triple rooms is limited. We are not liable if a hotel can only provide a fold-away bed, and no compensation is payable to you in any such instance.
g. Single rooms may be smaller than a twin-bedded or double room.
h. The advertised hotels are intended to give an idea of the type of accommodation that may be expected. The actual hotels used for any given tour may change due to many reasons such as group size, availability, time of year, hotel standard has dropped or simply we found a better hotel. We update the website immediately if and when any changes take place. If and when we do change hotels it will be to a hotel of equal or higher standard and will be at no extra cost.
18. Travel Documentation
a. It is your responsibility to be in possession of a valid passport, visa permits, vaccinations, preventative medicines and other medical certificates and all necessary travel documents.
b. We are not liable for damages arising from changes in regulations or laws to the necessary travel document requirements. We provide information about these matters in good faith, however without liability.
c. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other documentation.
d. In the case of lost or stolen documents, while we are happy to assist in any way possible, we cannot be held responsible for any additional costs and you are not entitled to any reimbursement or compensation of paid travel expenses.
19. Travel Insurance
a. Under Turkish Law, adequate insurance is mandatory for all Clients to cover at least but not limited to personal accident, death, medical and repatriation expenses, loss of luggage and cancellation or curtailment of a Product and should not exclude any planned adventure activities from the time of booking for the full duration of the Product as a minimum. A Client and their personal belongings are the sole responsibility of the Client. Adams Holiday accepts no liability on the Client's behalf where Adams Holiday has provided a Product of reasonable standard. You are fully responsible for arranging your own insurance. You will be asked to provide proof of your travel insurance on Day 1 of your tour. You will not be able to join the tour without it.
20. Health, Safety and Conduct
a. Prior to booking, all Clients are expected to satisfy themselves that they are fit and able to complete the itinerary of their chosen tour as described in the brochure. If you have any pre-existing medical conditions or illness you must declare the true nature of such conditions at the time of booking, and make arrangements for the provision of any medication or other treatment which may be required during the tour. Such a client is required to provide a medical statement from a General Practitioner to confirm they are fit to travel. Failure to make any such disclosure will constitute a breach of these booking conditions and relieve Adams Holiday from any obligations and liability.
b. While we are happy to take special meal requests, we cannot be held responsible if they are not provided at hotels or restaurants during the tour.
c. It is your responsibility to have any inoculations that may be required for your intended destinations. You must advise Adams Holiday of any allergies or other physical conditions which might affect you during the tour. We reserve the right to decline or accept any person as a member of the tour or to decline or retain any person if such person's physical condition, mental well-being or behaviour interferes with the operation of the tour. There will be no refund in such cases.
21. Client Exclusion and Local Law
a. You agree to accept the authority and decisions of Adams Holiday's employees and its supplier's employees and representatives whilst on tour. If in the opinion of such persons, your health or conduct before or after the departure appears likely to endanger the safe, comfortable or happy progress of the tour, you may be excluded from all or part of the tour without prior notice or any liability on the part of Adams Holiday. In the case of Client ill health, we may make such arrangements as it sees fit and recover the costs thereof from the Client. Passengers agree to comply with the laws and regulations of the countries they travel. We will not be liable to any Clients who commit illegal or unlawful acts whilst on tour.
22. Liability of Adams Holiday
a. Adams Holiday Products and in particular, adventure activities, contain an element of risk to the personal safety of the Client that other package holidays may not contain. By accepting these Booking Conditions you are aware of the risks inherent in their chosen travel and you undertake such risks at your own volition. We accept no liability of Client's damages where we have fulfilled our Duty of Care to Clients by providing Products of a reasonable standard. We accept no liability if there has been no fault on the part of Adams Holiday or its' suppliers, and the reason for the claimed damages was either the Client's fault or a result of unusual circumstances beyond the control of Adams Holiday by force majeure or otherwise and the consequences of which could not have been avoided even with all due care.
b. In respect of carriage by air, sea and rail and the provision of accommodation, our liability in such cases will be limited in the manner provided by the relevant international conventions.
c. We accept no liability if you incur additional costs through delay, accident or disruption of the Product(s) beyond our control by force majeure or otherwise.
d. Optional activities not included in the tour price are not part of the tour or this contract. Although your tour guide may assist you to arrange optional activities this does not imply liability on our part. The contract for the provision of that activity will be between you and the optional activity provider.
e. Where you occupy a seat in a vehicle fitted with a seat belt, neither Adams Holiday nor our agents or contracted service providers will be liable for any injury, illness or death or for any loss or damages or claims arising from any accident or incident if the seat belt is not being worn at the time of such accident or incident.
23. Combination trips
a. Many of our tours are designed to fit with other departures to create a longer trip. This means that some of your group may have been travelling together prior to you joining the tour. If you would like information regarding whether your trip is part of a combination trip, please ask before you make your booking.
24. Tour Meeting Point
a. If you forsake your inbound airport transfer, or book a product that doesn't include an inbound airport transfer, you are responsible for transportation to and from the Tour Meeting Point. The Tour Meeting Points are as set out in the relevant brochures or as advised by Adams Holiday in the pre-departure pack for your tour at www.adamsholiday.com
25. Photography and Marketing
a. Our authorised representatives may take photographs and films of you while using any Adams Holiday Product. We reserve the right to use said material for any advertising or promotion in any medium we choose without obtaining further consent. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
b. We also reserve the right to use any comments you make, questionnaires or complimentary letters with respect to us, or our Products, minus any identifying information, in promotional literature without obtaining further consent.
26. Personal Data
a. All Client data is protected in accordance with "Protection of personal data" laws. By making a booking with us, you agree to our use of this data in order to meet contractual and other tour operations obligations. We reserve the right to use this for direct marketing purposes, market research, customer demographics, statistics and information of Adams Holiday and its business partners. If you do not want your data to be used by us, you may advise us by email, and said data will be destroyed.
27. Complaints
a. If you have a complaint about any of the Product arrangements you must raise the complaint immediately with a Adams Holiday employee so that we can use our best endeavours to rectify the problem. We cannot rectify a problem we are unaware of. Failure by you to complain on the spot will extinguish or at least reduce our liability to pay compensation. Should we be unable to resolve the problem on the spot, a complaint must be made in writing within 90 days of completion of the product.
28. Updates to terms and conditions
a. Adams Holiday reserves the right to update and / or alter these terms and conditions at any time, and it is the Clients' responsibility to be familiar with them. The latest terms and conditions can always be found on the Adams Holiday website: www.adamsholiday.com and will supersede any previous versions.
29. General
a. No employees or representatives of Adams Holiday have any right to alter, vary or waive any of these terms and conditions, nor to undertake any liability whatsoever on behalf of Adams Holiday, unless such be in writing and signed by the Managing Director of Adams Holiday.
b. All contracts for bookings made with Adams Holiday are governed by Turkish law and are subject to the exclusive jurisdiction of the Turkish courts should any dispute arise between parties to this contract.
c. As the buyer, I declare that I have read, understood and accepted all the rules of the contract written above..
1. DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
NAME SURNAME:
ADDRESS:
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME: Adams Holiday Tourism Trade Ltd. Sti.
ADDRESS: Kavaklıönü Mahallesi Şehit Turan Caddesi No: 7/10 Ürgüp Nevşehir
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, he will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that he has been informed about it.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
CUSTOMER: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically through the website of the SELLER. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title : Adams Holiday Tourism Trade Ltd. Sti.
Address : Kavaklıönü Mahallesi Şehit Turan Caddesi No: 7/10 Ürgüp Nevşehir
Telephone : + 90 384 341 70 70
Fax : + 90 384 341 70 70
Email : info@adamsholiday.com
5. BUYER INFORMATION
Person to be delivered
Delivery address
Telephone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.
7.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: During the delivery of the invoice order, to the invoice address together with the order.
It will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. BUYER's; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, with the information and documents required for the job, free from all kinds of defects, and to perform the work in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to act with caution and foresight, to protect and increase the quality of service, to show the necessary care and attention during the performance of the work.
9.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
9.5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
9.7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER's expense.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the delay of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average to reflect the amount returned to the credit card by the SELLER to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, phone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally liable for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the SELLER, he can use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, which are prepared in line with the BUYER's request or clearly personal needs and are not suitable for return, are delivered to the BUYER. Products that are unsuitable for health and hygiene to be returned if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, Goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, Instantly executed electronically Services or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned as per the Regulation if their packaging has been opened by the BUYER. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services that have been started with the approval of the consumer, as per the Regulation.
In order for cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) to be returned, their packages are unopened, untested, intact. and they must be unused.
12. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and be liable to the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, will be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:
Effective from 28/05/2014:
a) District consumer arbitration committees in disputes whose value is less than 2,000,00 (two thousand) TL, pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers,
b) Provincial consumer arbitration committees in disputes whose value is less than 3,000,00 (three thousand) TL,
c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes with a value between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, he is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SALES PERSON: Adams Holiday turizm Ticaret Ltd.Şti
BUYER:
DATE:
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