Distance Sales / Service Agreement

Universal Turizm ve Ticaret Anonim Şirketi · Applies to online reservations made through booking.universaltravel.com.tr / universaltravel.com.tr.

1 - Parties to the Agreement

A service agreement has been concluded between Universal Turizm ve Ticaret Anonim Şirketi (hereinafter referred to as the AGENCY) and the person who receives the service by approving this agreement (referred to as the CONSUMER).

2 - Subject of the Agreement

The subject of this agreement covers the rights and obligations of the parties in relation to the sale and performance of the hotel reservation service sold by the Agency to the Consumer, in accordance with Law No. 4077 on Consumer Protection and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts.

3 - General Provisions

The Consumer accepts and declares, in accordance with the provisions of this agreement, that they have been informed in advance by the Agency in a clear, comprehensible manner appropriate to the internet environment about the Agency's name, title, full address, telephone and other contact details, the essential characteristics of the service subject to sale, the sale price including taxes, the method of payment and all other preliminary information relating to the service subject to sale, as well as the exercise of the right of withdrawal and how this right is to be exercised, and the official authorities to which complaints and objections may be submitted; that they have confirmed this preliminary information electronically and/or by telephone or e-mail; and that they have subsequently approved the reservation and the agreement.

The Consumer accepts the e-mail and SMS notifications to be made by the Agency regarding information and documents relating to the reservation made through the online system and thereafter.

Consumers who have not signed the agreement but who participate in the service are deemed to have accepted and undertaken the terms of the agreement upon the approval of this agreement by the Consumer whom they have authorised on their behalf. The Agency's right of recourse against the other Consumers is reserved.

In the event that the service subject to the agreement is used by a person other than the Consumer, the Agency is not responsible for the refusal of performance by that person.

If, after the performance of the service, the relevant bank or financial institution fails to pay the service fee to the Agency because the Consumer's credit card has been used unfairly or unlawfully by unauthorised persons, the Consumer is obliged to compensate the resulting damages.

4 - Mutual Rights and Obligations

The Agency must fulfil its obligation within the period undertaken and is obliged to notify the Consumer of any cancellation notices as soon as possible.

If the Consumer refuses performance on the grounds that the service purchased is defective, they must immediately notify the Agency and the accommodation establishment in writing. Otherwise the Consumer is deemed to have accepted performance and used the service. If the accommodation establishment is not made available with the stated qualities or is not in a condition to provide the service, responsibility lies with the accommodation establishment and the Agency bears no responsibility. In such a case the Agency is entitled to accommodate the consumer in an establishment of the same standard or of a higher category. If the Consumer does not accept such a change, they are entitled to recover the amount paid for their reservation and may not claim any compensation from the Agency.

If force majeure events prevent the performance of the agreement, the party affected shall notify the other party immediately and in writing. In the presence of force majeure events, if the Consumer requests cancellation, the Agency is obliged to refund to the Consumer the amount it is able to recover from the person or organisation from which it purchased or for which it intermediated the service. The Agency cannot be held responsible for the refund of amounts it cannot recover. In cases falling within the Agency's responsibility, the Agency may compensate changes that are unfavourable to the Consumer by way of a refund of the price or of the service in accordance with the provisions of the TÜRSAB Kütahya Schedule, or may make good the situation by means of additional or alternative services provided to the Consumer during the service. Receiving and using additional or substitute services extinguishes the Consumer's rights to a refund and to compensation.

In the event of early departure on the grounds that the service is defective, including for reasons of force majeure, the Consumer must notify the Agency representative and the hotel in which they are staying of the reasons in writing during the performance of the service, and any refund of the fee is at the initiative of the cooperating hotel/supplier. The Consumer may not raise any objection against the Agency in this respect. Any penalty to be applied is invoiced to the Consumer.

The Consumer must first report any dissatisfaction relating to the hotel to the hotel, and must subsequently name the hotel as the opposing party in any action brought and any complaint made. No pecuniary or non-pecuniary compensation may be claimed from the Agency in this respect.

In the event of price increases relating to the early booking period and/or to all periods (other than errors caused by the system), the difference is not additionally requested from the customer, just as no refund is made in the case of discounts described by the establishment as promotions.

All responsibility for luggage and its contents belongs to its owner, and the Agency has no responsibility for loss, theft or damage. The Consumer is obliged to comply with the laws and customs applicable to the vehicle in which they travel and to the establishment in which they stay.

For Consumers who purchase travel insurance, the scope of cover relating to incomplete or defective performance, damage, loss and harm is determined by the policy of the insurance company providing that service. The Agency bears no responsibility whatsoever for the content, scope or manner of application of such cover.

5 - Cancellation, Withdrawal and Changes

The Agency may cancel the agreement in cases of force majeure preventing the commencement or continuation of the service despite having exercised all due care, or in situations arising from service providers, the hotels in which accommodation is to take place or third parties. This situation must be notified to the Consumer as soon as possible. In such a case the Consumer has no right to compensation. The Agency refunds to the Consumer the price of the services not used.

If the Consumer does not notify in writing within 24 hours that they have missed the start of the service purchased and that they will accept performance subsequently, the Agency is entitled to cancel all reservations made in the Consumer's name after 24 hours. No refund of any fee is made to the Consumer in such cancellations.

The Agency may, in cases it deems necessary, cancel the services it has announced or registered, in whole or in part, up to 7 days before their commencement. If the Consumer does not accept such changes and cancellations, they are entitled to cancel their reservation and to recover the entire amount paid within 10 days.

The Consumer accepts and undertakes to pay the Agency, as withdrawal compensation, 35% of the service price if they cancel the agreement 7 days before the start of the service, and the full amount if they cancel less than 7 days beforehand. Date changes made by the Consumer have the effect of a cancellation and the prices of the service applicable on the date of the change apply.

If it becomes impossible for the Consumer to continue with the service purchased, they may transfer their reservation to a third party by notifying the Agency in writing at least 7 days before the departure date and by fulfilling all conditions applicable in respect of the tour, hotel and so on. In such a case the transferor and the transferee are jointly and severally liable to the Agency for payment of the service price and of all additional costs arising from the transfer in respect of the hotel, tour and so on.

The reservation may be cancelled without deduction where the Consumer documents, by means of an official report from a fully equipped state hospital, illnesses preventing their usual occupation for 10 days, or the death, of themselves or of their first-degree relatives. In cases which cannot be documented by report or which are incompletely documented, the Consumer may make no claim.

The Consumer accepts and undertakes to pay a processing fee of TRY 50 per person for each transaction in respect of all change operations to be carried out.

6 - Right of Withdrawal

The customer has the right to withdraw within 7 (seven) days from the date on which this agreement enters into force, in respect of the performance of the service subject to the agreement to themselves or to the person they designate. In order to exercise the right of withdrawal, written notification must be given to the Agency within this period by fax or e-mail. If this right is exercised, the originals of the invoice for the service provided to the Consumer or to the third party and of the tour registration forms must be delivered to the Agency. The service price is refunded to the Consumer within 7 days following receipt of these documents. If the original invoice is not sent, VAT and any other legal charges cannot be refunded.

The right of withdrawal cannot be exercised for services purchased under promotional offers and early booking opportunities.

7 - Confidentiality

The information specified by the Consumer in this agreement and the information notified by the Consumer to the Agency for the purpose of making payment shall not be shared by the Agency with third parties, except where there is an administrative/legal obligation.

Credit card information is used only to obtain authorisation by being transmitted securely to the relevant banks during the collection process, and is never stored. All information relating to the credit card is deleted from the system after authorisation.

8 - Miscellaneous Provisions

In matters not written in this agreement, the provisions of Law No. 1618, Law No. 4077 on Consumer Protection, the IATA, IHA and UFTAA Conventions, the Code of Obligations, the Turkish Commercial Code, the international conventions to which Türkiye is a party and the Statutes, Regulations, Circulars and Communiqués issued thereunder, as well as the provisions of the TÜRSAB Kütahya Schedule, shall apply.

The Courts and Enforcement Offices of Istanbul are competent for the resolution of disputes arising from the application of this agreement.

Even if Consumers have been unable to sign this hotel reservation agreement for any reason by purchasing via mail order, virtual POS, wire transfer or EFT, they have learned of the terms of this agreement, which shall be valid between the parties, from the catalogue, website or announcements, and have accepted and undertaken to purchase under the written terms of this hotel reservation agreement.

Yours faithfully, Universal Turizm ve Ticaret Anonim Şirketi

Universal Travel Services · Ferah Sokak No:29, Teşvikiye 34365, Istanbul, Türkiye

universal@universaltravel-tr.com · +90 212 225 92 32