SERVICE SALES AGREEMENT

This agreement is concluded between ENGY Tourism Trade Limited Company (hereinafter referred to as "ENGY"), located at ............ with the contact number ………. and the website www……….tr, and the customer whose name, surname, and address are specified in the registration form.

1. SUBJECT:

This agreement governs the method of performance of the travel services sold to the Customer, as well as the rights and obligations of the parties.

2. PRICE AND PAYMENT TERMS:

The prices of the provided services (such as accommodation, flight, transfer, tour, etc.), along with the related terms and conditions, have been communicated to the Customer, who has accepted them. The Customer has reviewed and accepted the price, payment conditions, and schedules without objection. The total price of the provided services includes all applicable taxes.

The payment for these services shall be made in accordance with the payment method determined by the service provider:

At the time of reservation via credit card (mail order, POS, or virtual POS), or
By EFT/Bank Transfer to the specified accounts,
Directly at the time of service provision, depending on the nature of the service.

The payment method may vary depending on the specific nature of the purchased service(s). The amounts to be paid immediately or at the time of service performance on-site (if applicable to the purchased service) shall be clearly specified to the Customer using the expressions "to be paid now" and "to be paid on-site" (if applicable to the purchased service) in the shopping cart.

3. SERVICE INFORMATION:

A detailed description of the travel and tourism service is available on the respective service promotion page. The Customer explicitly declares that they have read and understood the characteristics, specific conditions, sales price, payment method, and validity of the prices, along with all relevant preliminary information, and have provided the necessary confirmation electronically.

4. TRANSFER:

The right to transfer purchased services is determined by the rules set forth by the service provider. Unless a specific rule is stated by the service provider, if the Customer is unable to continue with the tour or accommodation, they may transfer their reservation to a third party who meets all applicable conditions, provided they notify ENGY at least 14 days before the departure date. In such a case, both the transferor and transferee shall be jointly and severally liable for any remaining balance and all additional costs arising from the transfer.

If the visa process has already been completed for the original Customer, any visa fees, non-refundable taxes, duties, and payments made to third parties, as well as costs arising from legal obligations, are not refundable.

5. CANCELLATION AND MODIFICATION:

Unless the Customer or their first-degree relatives provide an official, double-signed medical report from a fully equipped state hospital confirming an illness preventing daily activities for 10 days or in the event of death, the following cancellation policy applies:

For cancellations made up to 60 days before the commencement of the purchased service(s), the Customer shall receive a full refund of all payments made up to that date.

For cancellations made between 59 and 31 days before the commencement of the purchased service(s), 25% of the total service fee shall be retained as a service charge, and the remaining amount shall be refunded to the Customer.

For cancellations made between 30 and 15 days before the commencement of the purchased service(s), 50% of the total service fee shall be retained as a service charge, and the remaining amount shall be refunded to the Customer.

For cancellations made within 14 days before the commencement of the purchased service(s), the entire service fee shall be retained by ENGY Tourism Trade Limited Company as a service charge, and no refund shall be issued to the Customer.

Refunds exclude any visa fees, non-refundable taxes, duties, and payments made to third parties, as well as costs arising from legal obligations. These amounts shall be deducted from the refundable total.

For services labelled as "PROMOTION," the above cancellation/refund conditions do not apply. No cancellations, modifications, or refunds shall be permitted.

The Customer irrevocably accepts and undertakes all provisions of this clause without objection.

6. TERMINATION OF AGREEMENT BY ENGY:

If ENGY unjustifiably terminates the agreement, the Customer is entitled to compensation for documented losses, provided such losses do not exceed the total amount paid for the service. Furthermore, ENGY must refund all amounts paid by the Customer and return any binding financial documents within 10 days.

In cases where the CUSTOMER is at fault, the unexpected and unavoidable actions of a third party, or force majeure (such as adverse weather conditions, road obstacles, strikes, terrorism, fog, the possibility of war, unforeseeable technical issues, etc.), the CUSTOMER acknowledges that they shall not be entitled to compensation if ENGY / SELLER / SUPPLIER / agent / independent service provider is unable to provide the service due to the occurrence of an unforeseeable and unavoidable event, despite the exercise of all due diligence by them.

7. NOTICE PERIOD:

The Customer is required to notify the relevant service provider and ENGY within 7 days from the date the service was to be performed or was performed in the event of non-performance or improper performance of the contract. Complaints and notifications made thereafter will not be considered.

8. LIABILITY:

ENGY acts as an intermediary between Customers receiving services and third parties and legal entities providing hotel, transportation, and other travel-related services. ENGY is obligated to notify Customers of any changes within 24 hours. In the event of disruptions or accidents, the Customer must first seek compensation for material and moral damages from the primary liable parties. If the Customer is unable to recover the full amount from the primary liable party and if ENGY is at fault and legally responsible, the Customer may then seek recourse against ENGY.

9. FORCE MAJEURE:

ENGY may cancel or postpone services purchased by the Customer due to circumstances beyond its control, including but not limited to adverse weather conditions, road obstructions, strikes, terrorism, fog, storms, war, the possibility of war, natural disasters, changes or adverse developments in international relations, public movements, unforeseeable technical issues, bankruptcy, and force majeure events.

In cases of force majeure, neither ENGY nor its Agent shall be held liable for any damages arising from non-performance or improper performance of the contract. The Customer shall have no right to claim any compensation or receivables. ENGY or its Agent and local representatives shall endeavor to provide prompt assistance to the Customer in case of emergency.

The Customer must document any illness or death that prevents them or their first-degree relatives from participating in the reservation for a period of 10 days with an official report signed by two doctors from a fully equipped State Hospital or, in the event of death, with an official document issued by the relevant authorities.

10. BAGGAGE:

The Customer accepts full responsibility for their baggage and its contents and is required to monitor and control their belongings. ENGY/SUPPLIER and/or their employees bear no legal and/or criminal liability for lost, stolen, or damaged items, and the Customer waives any claims against them for such losses.

In case of baggage loss or damage during air, land, or sea transportation, the rules of the respective airline or transportation company shall apply. The Customer must file a personal claim with the relevant airline or transportation company using a report obtained at the airport or during the land/sea transfer.

Items that emit odors, leak, are flammable or explosive, or cause discomfort to others, as well as sharp, piercing, and firearms, and all types of animals, shall not be transported on vehicles or tours without the express written permission of ENGY.

In cases of baggage loss or damage due to gross negligence by ENGY personnel, compensation shall be limited to 50% of the portion of the total tour cost allocated to transportation, without consideration of the lost or damaged items' material or moral value. No further compensation shall be provided. ENGY's liability for the loss, damage, or theft of items explicitly declared in writing to ENGY by the Customer, along with their stated values, shall not exceed the total cost of the tour.

11. OTHER PROVISIONS:

11.1. If the Customer abandons a tour on the grounds of defective service, they must notify the ENGY representative and/or the hotel in writing, stating the reasons. Otherwise, the Customer will be deemed to have abandoned the tour/hotel for personal reasons rather than due to a defective service and will be considered to have used and accepted the service.

11.2. It is the duty of a good-faith Customer to notify the authorized representative in writing during the service performance regarding any complaints. If the Customer continues to use the service despite their complaints, they forfeit their right to claim compensation, including substitute services or refunds.

11.3. The Customer acknowledges that they accept this contract and its sales terms on behalf of all persons participating in the trip and is responsible for providing accurate information, including names, national identification numbers, passport numbers, addresses, and credit card details. The Customer is also responsible for informing other participants about the preliminary-information document and brochures. The brochure provided to the Customer shall be deemed to have been provided to all participants. In any dispute arising in this context, the Customer, as a contracting party, shall be legally liable. If ENGY is required to compensate other participants due to the Customer’s failure to fulfill obligations, ENGY reserves the right to seek reimbursement from the Customer.

11.4. The Customer, by making payment via mail order, virtual POS, bank transfer, or EFT, acknowledges that even if they have not signed this contract for any reason, ENGY has sent the contract to them via a permanent data storage device. The Customer declares that they have reviewed the contract and its terms, obtained all necessary information regarding the purchased service, including details, sales price, payment method, and validity dates, from ENGY's catalog, website, or advertisements, and acknowledges that the purchase was made in accordance with these written terms.

11.5. The Customer acknowledges that they have been informed about the features of the purchased service via the Preliminary-Information Form, brochures, website, or social media accounts.

11.6. If the Customer purchases accommodation services, they agree to comply with the laws and customs applicable to the facility. They must adhere to the rules communicated by the facility management and must not endanger the life or property of third parties. In case of non-compliance, the Customer assumes full legal and criminal liability for any resulting damages and acknowledges that ENGY/SELLER/SUPPLIER will not be obligated to provide the service. In such cases, the Customer will have no right to a refund.

11.7. The Customer agrees to pay for any extra food, beverages, personal expenses, or any goods and services outside the scope of the purchased accommodation service.

11.8. ENGY reserves the right to modify hotel names, transportation methods, overnight stays, departure times, and locations while maintaining the same standards, provided the Customer is notified. Tour programs provided at registration are sample programs and may be subject to changes in extra tours' dates and locations. Extra tours are not mandatory obligations for ENGY, and the Customer may not claim participation in the tour based on the existence of extra tours.

11.9. All charter flight arrangements are subject to international aviation regulations, including the Warsaw Convention. Airlines reserve the right to modify schedules, aircraft types, and carriers. Departure times are not guaranteed. Stopover locations may change or be omitted. Flight schedules are confirmed 48 hours in advance, and any changes shall not be the responsibility of ENGY. Due to the nature of airline tickets, cancellations and refunds are not permitted, regardless of the tour cancellation date.

11.10. If the service includes a tour guide, the cost is included in the tour price.

11.11. Hotel and cruise room check-in time is no earlier than 14:00. Customers must vacate their rooms by 10:00 on the departure day. Extra beds in triple rooms may differ in standard.

11.12. Payments may be made in cash or by credit card, either in full or in installments, as offered by banks. In case of non-payment via credit card, the Customer shall address the issue directly with their bank, and bank interest rates shall apply, with ENGY not being liable. Foreign currency payments shall be processed at the prevailing market exchange rate or a rate determined by the company.

11.13. In matters not covered by this contract, applicable legislation, including IATA, IHA, UFTAA conventions, civil aviation laws, international treaties to which Turkey is a party, and related regulations, directives, and notices shall apply.

11.14. The Customer is responsible for the accuracy of the names provided in the contract, ensuring they match the spelling in their passport or identification document.

12. CONSENT FOR COMMERCIAL ELECTRONIC COMMUNICATIONS:

The CUSTOMER agrees to receive notifications regarding services, advertisements, announcements, campaigns, and activities related to ENGY, its brands, suppliers, service providers, partners, stakeholders, and affiliated organizations through commercial electronic communications such as emails, SMS, etc., in accordance with Law No. 6563. If the CUSTOMER wishes to withdraw this consent, they must notify ENGY through the communication channels specified in this agreement, and ENGY will cease such notifications.

13. PROCESSING OF PERSONAL DATA AND EXPLICIT CONSENT STATEMENT:

The personal data of the CUSTOMER provided under this agreement are processed, stored domestically and abroad, and protected by ENGY in compliance with Law No. 6698 on the Protection of Personal Data, to ensure that relevant individuals can benefit from ENGY’s services and to facilitate the necessary work for accommodation, transfer, and related services. The CUSTOMER, by approving this agreement, acknowledges that they have reviewed and understood the "Clarification Text," "Personal Data Protection and Privacy Agreement," and "Explicit Consent Statement" published on the website and consents to the processing of their personal data, including sensitive personal data, as specified in Articles 5 and 6 of Law No. 6698.

14. EVIDENTIAL AGREEMENT:

Electronic and system records stored in ENGY’s database or in the databases of service providers, cloud storage, commercial records, accounting records, microfilms, microfiches, and computer records shall constitute binding, conclusive, and exclusive evidence in disputes between the parties in all circumstances. The parties agree that these records shall serve as evidence in accordance with Article 193 of the Code of Civil Procedure (HMK).

15. AMENDMENTS TO THE AGREEMENT:

Unless otherwise explicitly authorized, neither party may request modifications or amendments to any provision of this agreement once it has been signed. Any amendments to the agreement shall only be valid if mutually agreed upon in writing by the parties. The parties cannot claim that certain provisions of the agreement have been implicitly modified due to non-objection to practical implementations.

16. NOTIFICATIONS:

The addresses specified in this Agreement or in the relevant forms shall be considered valid addresses for any notifications related to this Agreement. A party that changes its address must notify the other party in writing within 3 days otherwise, any notifications sent to the previous address shall be considered valid. Any notification related to this Agreement shall only be effective if made in writing.

17. EFFECTIVE DATE:

This agreement shall come into effect upon the CUSTOMER’s approval and it is accepted by the parties that the effective date shall be the date of approval. The CUSTOMER must read and approve this agreement before proceeding within the web system. The agreement shall terminate when the service is received and expended by the CUSTOMER, or in the event of cancellation in any way.

18. JURISDICTION:

The Antalya Courts and Enforcement Offices shall have jurisdiction over any disputes arising from this agreement.

The above provisions, consisting of eighteen clauses, have been negotiated and freely agreed upon by the parties for tour and transfer services.

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