Package Tour Agreement
Package Tour Agreement
Cancellation and Refund Terms
INCREASE IN THE AGREEMENT PRICE
If the agreement price increases, the consumer will not be asked to pay the difference, nor will discounts described by the facility as promotions be refunded to the consumer. However, for package tours abroad where the agreement price is set in foreign currency, if there is an extraordinary increase in the exchange rate, changes to taxes, duties, fees and similar legal obligations collected at places such as ports and airports, or an extraordinary increase in transportation costs, including fuel expenses (a price increase of more than 2% will be considered extraordinary), the consumer acknowledges that Kılıç Royal Tours has the right to change prices and terms by no more than 5% of the agreement price.
**DEPOSIT SYSTEM
A deposit, also known as a down payment or security deposit, is a general term for an advance payment made to reserve for the person paying the deposit an establishment that is temporarily open for sales but closed to others, in order to pay the monetary amount required to purchase a service or movable or immovable property. In other words, if you wish to have a good or service set aside in your name for a certain period while purchasing it, a specified percentage is paid as a deposit. The good or service is then reserved for you until the sale is completed. A deposit paid during a purchase, sale, or rental transaction is regarded as an indication of the buyer’s commitment. Deposits are used not only in our country but all over the world.
A deposit can be refunded only if the seller withdraws from the sale in question or if the service cannot be provided. If the buyer is unable to join the tour or exceeds the cancellation, refund, or postponement period stipulated in the package tour agreement, they are not entitled to a refund of any deposit or of the total payment.
If the consumer cancels less than 15 days before the service begins, the consumer declares, accepts, and undertakes to pay the entire reservation price to Kılıç Royal Tours. If, after exceeding the cancellation, refund, or postponement period, the consumer fails to join the tour they booked by paying a deposit without notifying the agency of a force majeure event and without the agency approving the consumer’s cancellation, refund, or postponement, the consumer declares, accepts, and undertakes to pay Kılıç Royal Tours the full remaining balance after deduction of the deposit.
TRANSFER OF SERVICE
If the consumer is unable to continue with the purchased tour/accommodation/service, they may transfer their reservation to a third party who meets all the applicable conditions of the agreement by notifying Kılıç Royal Tours at least 7 days before departure for day tours, or at least 15 days before departure for tours that include accommodation. In this case, the person or persons transferring and receiving the agreement are jointly and severally liable to Kılıç Royal Tours for the outstanding balance and payment of all additional costs arising from the transfer. For tours involving air travel, the matter will be assessed in accordance with the cancellation and change conditions of the carrier airline. In particular, for tours abroad, visa fees paid by consumers whose visa procedures have been completed for transferred tours are non-refundable. Consumers who take over a package tour are responsible for their own visas. If consumers do not have visas, or have applied but are unable to obtain a visa from the relevant authority by the tour start date, Kılıç Royal Tours accepts no liability and will collect the full tour price from both the transferor and transferee (jointly and severally). If the person taking over the service does not have the same status as the transferor, the transfer will not take place, or the transfer will be completed after any special discounts have been removed.
RIGHTS TO CHANGES
Before the package tour/service begins, significant changes made to the terms of the agreement for reasons not attributable to the consumer, as well as price and other changes not made for the reasons specified in Article 5 of the sales agreement, are deemed to be material changes to the agreement. Kılıç Royal Tours will immediately notify the consumer/participant in writing and/or via a durable data medium of any material changes to the agreement and the effect of those changes on the price. Following receipt of the notification, the consumer/participant may immediately accept the change in writing or via a durable data medium, or notify Kılıç Royal Tours in writing or via a durable data medium that they do not accept the change, and may then;
a. Join another package tour offered by Kılıç Royal Tours of equal or higher value without paying an additional fee,
b. Join a lower-value package tour, provided that the price difference is refunded,
c. Exercise the right to withdraw from the agreement without paying any compensation.
If the consumer/participant withdraws from the agreement, the amount paid by the participant/consumer will be refunded without deduction within 15 days at the latest from the date the notice of withdrawal reaches Kılıç Royal Tours. If, despite Kılıç Royal Tours notifying the consumer/participant in the manner set out above of material changes to the agreement and their effect on the price, the consumer/participant does not respond to the notification and/or does not inform Kılıç Royal Tours, using the methods set out above, which of the rights listed above they are exercising, they will be deemed to have accepted the new terms, which constitute an addendum and contain material changes to the package tour agreement, including the price increases notified to them and changes to the essential terms of the package tour agreement. If the consumer does not join the tour without giving any notice, they may not seek a refund or reduction of the fees on the grounds that they did not receive the service; the fees paid will be considered a cancellation charge, which the consumer accepts and declares. If Kılıç Royal Tours cancels the tour/agreement before the tour/service begins for a reason not attributable to the consumer/participant, the consumer/participant may exercise the rights set out in clauses a), b), and c) above.
WHEN A SERVICE CANNOT BEGIN OR CONTINUE
Although Kılıç Royal Tours has exercised all necessary care, if the tour/service cannot begin for the reasons listed below, or if it becomes impossible to continue for the reasons listed below, and/or if a breach of the agreement is attributable to any of the following reasons, Kılıç Royal Tours cannot be held responsible for the agreement not being performed or not being properly performed;
a. The consumer is at fault.
b. An unforeseeable and unavoidable act by a third party not involved in the performance of the agreement.
c. Force majeure.
d. An event that the package tour organizer, intermediary, or independent service provider could not foresee or prevent despite exercising all necessary care.
e. Cancellation because the minimum participation required to organize the package tour has not been met, provided that the cancellation is notified to the consumer in writing or via a durable data medium within the period stipulated in the agreement and at least twenty days before the package tour begins (Kılıç Royal Tours cannot be held responsible if the reason for postponing and/or canceling the tour arises less than 20 days before it begins.)
If any of the above reasons arises before the tour begins, Kılıç Royal Tours has the right to cancel and/or postpone the tour/service or offer an alternative tour by notifying the consumer in writing or via a durable data medium. If the tour cannot begin for any of the above reasons and the consumer does not agree to postpone the tour or join an alternative tour, Kılıç Royal Tours will cancel the consumer’s tour. In this case, if the consumer does not accept Kılıç Royal Tours’ request to postpone or its offer of an alternative tour, or if postponing the tour is practically impossible, Kılıç Royal Tours will refund to the consumer the payments made up to that date, excluding official payments made on the consumer’s behalf (taxes, duties, etc.). If force majeure arises after the tour has begun, during provision of the service, Kılıç Royal Tours’ responsibility is limited to returning the consumer to the tour’s starting point, and Kılıç Royal Tours may not be held liable for anything further (refund, compensation, etc.).
CANCELLATION AND REFUND TERMS
If the consumer cancels without giving a reason up to 30 days before the service begins, the amount paid will be refunded to the consumer, excluding expenses arising from mandatory taxes, duties, and similar legal obligations, and amounts paid to third parties that can be documented and are non-refundable. If the consumer cancels between 29 and 15 days before the service begins, the consumer declares, accepts, and undertakes to pay 35% of the reservation price to Kılıç Royal Tours; if they cancel less than 14 days before it begins, the consumer declares, accepts, and undertakes to pay the entire reservation price to Kılıç Royal Tours. For special products, if the consumer cancels up to 60 days before the service begins, the entire amount paid up to that point will be refunded. If the consumer cancels the agreement 59–31 days before the service begins, they declare, accept, and undertake to pay 25% of the reservation price to Kılıç Royal Tours; if they cancel 30–15 days before, 50% of the tour price; if they cancel 14–07 days before, 75% of the trip price; and if they cancel less than 7 days before, the full price. If the service purchased is a product offered as part of a special period, such as New Year’s, the semester break, or a holiday period, or as part of another campaign, the above clauses of the agreement do not apply. In this case, the consumer has no right to cancel or obtain a refund. For domestic accommodation, consumers who purchase early booking cancellation insurance, and for cultural tours, consumers who purchase an early booking cancellation protection package, may exercise their unconditional right to cancel up to 72 hours before the service begins. The consumer’s early booking cancellation insurance or early booking protection package does not cover air travel costs. For cancellations of international travel, visa fees are non-refundable if a visa has been issued. For tours involving air travel, a consumer’s cancellation request will be assessed in accordance with the cancellation and change conditions of the carrier airline. If the consumer requests a change to the service, and Kılıç Royal Tours approves the change, the consumer must immediately pay Kılıç Royal Tours any difference between the price of the previously purchased service and the newly requested service upon approval of the change. However, if the price of the new service is lower than that of the previous service, Kılıç Royal Tours will refund the difference to the consumer.
For our day tours, you are entitled to an unconditional refund or postponement up to 7 days before the tour; for tours that include accommodation, up to 14 days before the tour. After these deadlines, you are entitled to a refund for medical reasons or the death of a first-degree relative. Such circumstances must be documented with a report from a state hospital. You are entitled to a refund or postponement for tours postponed or canceled by the agency.
FORCE MAJEURE
If, despite exercising all necessary care, the consumer gives notice less than 30 days before the tour/service begins due to a situation they could not foresee or prevent, or due to force majeure, the amount paid by the consumer will be refunded, excluding expenses arising from mandatory taxes, duties, etc., and other legal obligations, as well as amounts paid to third parties that can be documented and are non-refundable. If such circumstances arise while the tour is in progress, the relevant information and documents must be submitted to Kılıç Royal Tours immediately, together with supporting documentation, from the time the consumer leaves the tour. If the consumer does not notify Kılıç Royal Tours in writing that they will join the tour/accommodation/service after missing its start, Kılıç Royal Tours has the right to cancel all reservations and services made on the consumer’s behalf after 24 hours. No refund will be made to the consumer for such cancellations.
If an unforeseeable circumstance or force majeure arises while the tour is in progress, the relevant information and documents must be submitted immediately to Kılıç Royal Tours, together with supporting documentation, from the time the consumer leaves the tour. If the consumer does not notify Kılıç Royal Tours in writing that they will join the tour/accommodation/service after missing its start, Kılıç Royal Tours has the right to cancel all reservations and services made on the consumer’s behalf after 24 hours. No refund will be made to the consumer for such cancellations.
NOTICE REGARDING THE PROTECTION OF PERSONAL DATA, USE OF VISUAL CONTENT, AND ACCEPTANCE OF THE AGREEMENT
Under Personal Data Protection Law No. 6698 (“KVKK”), personal data belonging to guests, such as first and last name, Turkish ID number (where required), date of birth, phone number, email address, payment information, reservation information, and similar personal data, may be processed in accordance with applicable legislation for the purposes of carrying out reservation, sales, operations, transportation, accommodation, accounting, customer relations, and tour service processes.
Personal data collected may be used to provide services in full, complete reservation transactions, manage tour arrangements, fulfill legal obligations, share information with relevant public authorities when required, and manage customer satisfaction processes.
We may take photographs and videos during tour arrangements, and if participants appear in these images, the content in question may constitute personal data.
In this context, the photographs and videos taken during the tour may be;
- used on our company website
- used on social media accounts
- used in digital advertising and promotional activities
- used in printed advertising and promotional materials
- used for corporate archiving
- used for promotional, marketing, and brand awareness activities
Guests consent to the use, publication, and sharing of such content for the above purposes.
Guests who do not wish to appear in photographs and videos must notify authorized staff in writing or verbally before the tour begins. If no notice is given, consent will be deemed to have been given for the use of group photographs and videos taken in general areas.
Guests may submit requests concerning their personal data and the use of visual content to the agency in writing at any time. Necessary action will be taken following an assessment under applicable legislation.
Before a reservation is made and/or when it is being completed, this sales agreement, additional terms, and information notices are provided to the guest via the website, text message, email, WhatsApp, or similar electronic communication channels.
Guests are expected to carefully read and review the agreement and information notices provided to them, familiarize themselves with all terms, and complete the reservation accordingly.
By making a reservation, paying a deposit or the total amount, purchasing a tour service, or joining a tour, the guest is deemed to have read, understood, and accepted the provisions of this agreement and the information notices.