ARTICLE 1 : PARTIES
Seller - Hereinafter referred to as "Agency".
Buyer - Hereinafter referred to as "Customer".
A complete agreement has been reached between ACENTA on one side and the "CUSTOMER" on the other side regarding the matters specified in this contract.
ARTICLE 2 : SUBJECT OF THE CONTRACT
This contract includes the reservation made by the Customer through ACENTA for the purchase of products/services under the conditions explained below, with full authority on behalf of all individuals involved.
ARTICLE 3 : PAYMENT
Payments for the purchased tour program, hotel, flight tickets, transfer, etc., and other extra expenses are made via cash, bank transfer/EFT to the "ACENTA" company account, or credit card. The total contract amount is calculated based on the agreed currency or the current foreign exchange selling rate of the bank account where payment is received, and must be paid according to the requested currency.
ARTICLE 4 : VISA, CUSTOMS, FEES, PUBLIC PAYMENTS, ETC.
This price includes all services included in the price in the brochures attached to this contract related to the tour. Tours and services outside of these are subject to additional charges. Port and airport landing taxes, visa fees, and similar public payments and charges that tourists must pay according to the legislation of the countries to be visited belong to the consumer. The consumer is responsible for complying with the health regulations of the destination country, the required passport validity period, and all documents required for customs and visa upon entry for citizens of other countries. If the consumer has paid the total tour fee specified, they do not need to sign this contract. Payment of the full contract amount constitutes acceptance of the contract.
ARTICLE 5 : TRANSPORT / TRANSFER
It is provided as specified in the tour program planned according to the Customer's requests. A customer who purchases a tour program without flight tickets arrives at the meeting point of the tour using their own means. A customer who purchases a tour program including flight tickets arrives at the starting point of the tour using their own means, utilizing the flight tickets delivered online to the email address specified in the contract or via alternative communication channels such as "WhatsApp". The meeting point, which is the starting location of the tour, is determined within the scope of the purchased tour program.
ARTICLE 6 : CANCELLATION, RESCISSION AND ASSIGNMENT
The minimum and maximum number of participants required for the tour to take place is specified on the first page of this contract. Tour organization is planned based on the number of participants specified in the contract. In case the Customer cancels the purchased tour program or rescinds the contract, the following provisions apply. It is not possible to assign rights and obligations arising from this contract to a third party.
Article 6.1 : In case the CUSTOMER cancels the tour program between 60 days and 46 days (inclusive) before the first flight date, provided that the full tour fee has been paid, 50% of the paid amount will be collected as a cancellation fee by ACENTA. The remaining 50% amount will be refunded to the Bank/Credit Card account from which the CUSTOMER made the payment, in the currency used for payment (TL / EUR / USD, etc.), within 90 (ninety) days following the receipt of the cancellation request by ACENTA, upon the written request of the customer.
Article 6.2 : In case the CUSTOMER cancels the tour program between 45 days and 31 days (inclusive) before the first flight date, provided that the full tour fee has been paid, 75% of the paid amount will be collected as a cancellation fee by ACENTA. The remaining 25% amount will be refunded to the Bank/Credit Card account from which the CUSTOMER made the payment, in the currency used for payment (TL / EUR / USD, etc.), within 90 (ninety) days following the receipt of the cancellation request by ACENTA, upon the written request of the customer.
Article 6.3 : In case the CUSTOMER cancels the tour program 30 days (inclusive) or less before the first flight date, or does not participate in the tour (No Show), the paid tour fee will not be refunded. In cancellations due to force majeure, the cancellation and refund conditions regulated in this article shall apply unless there is a mandatory provision in the current legislation to the contrary.
Article 6.4 : Articles 6.1, 6.2, and 6.3 of this contract apply to all reservations made excluding flight tickets. For all tour programs sold including flight tickets, the evaluation of ticket cancellation/refund/rescission/change/assignment values is based on the terms and conditions determined by the airline company performing the ticketing operation for cancellation/refund/rescission/change/assignment.
ARTICLE 7 : FORCE MAJEURE AND OTHER CHANGES
Natural disasters (earthquake, flood, fire, landslide, etc.), states of emergency (martial law, curfews, general strikes, terrorism, hotel raids, airport raids, plane hijackings, war, chaos, etc.), public movements (strikes, rallies, marches, road closures, etc.), tensions between states, diplomatic restrictions, health issues (epidemics, quarantine, global diseases, etc...), weather conditions (snowfall, blizzard, fog, storm, lightning, etc.), changes in customs regimes or general restrictions in the transport sector, bankruptcy or liquidation of any air, rail, sea or road transport company, and other special restrictions, as well as any other cause directly or indirectly, ACENTA shall not be liable for any damage or loss arising from any adverse situation for which ACENTA is not at fault or could not have foreseen. Furthermore, ACENTA cannot be held responsible for non-performance of its obligations or irregularities in the performance of its obligations due to these reasons, and no material or moral liability can be imposed on ACENTA.
In case of discrepancies in agreements made between ACENTA and transportation vehicles (aircraft, bus, train, ship, helicopter, balloon, 4x4 jeep, etc.), ACENTA cannot be held responsible for the consequences of delays, breakdowns, accidents, or negative outcomes resulting from the personal faults of drivers, and no material or moral liability can be imposed on ACENTA. ACENTA is absolutely not responsible for any changes in flight times, cancellation of flights, delays and postponements occurring due to technical irregularities, or changes made by airline companies; the relevant vehicle owners are the counterparts.
ACENTA acts as an intermediary between the airline and the Consumer/Participant and is subject to the Hague Protocol of 28/09/1955. Flight times may change by the airline company prior to the flight, and all times must be confirmed 48 hours before the departure dates.
ARTICLE 8 : PERMISSION FOR USE OF PHOTOGRAPHS, VIDEOS AND VISUAL MATERIALS
The CUSTOMER accepts that photographs, videos, audio recordings, drone footage, and similar visual-audio materials in which they are present individually or as part of a group during the tour program may be taken by ACENTA during or after the organization, or recorded by authorized persons/entities or other participants.
The CUSTOMER accepts that they give free consent for the aforementioned photographs, videos, and other visual-audio materials taken by them to be used, published, shared, reproduced, processed, and archived by ACENTA without any time limit, domestically and internationally, in all printed or digital media within the scope of promotion, advertising, marketing, corporate communication, and commercial activities.
Within this scope, such contents may be used on ACENTA-owned or managed websites, social media accounts, digital advertising platforms, television, newspapers, magazines, catalogs, brochures, posters, billboards, outdoor advertisements, fair and event promotions, email marketing campaigns, mobile applications, and any other type of promotional and communication channel.
The Participant accepts and declares that they will not claim any fee, copyright, material, or moral rights due to the use of these materials, nor will they request any fee or compensation from ACENTA regarding such uses. ACENTA will use the aforementioned visual-video-audio contents solely for promotional, advertising, marketing, and corporate communication purposes. By signing this contract, the Participant declares that they have read, understood, and accepted the aforementioned matters.
ARTICLE 9 : KVKK INFORMED CONSENT TEXT (Use of Visuals and Video)
Informed Consent Text Regarding Photo and Video Usage
Within the scope of Law No. 6698 on the Protection of Personal Data, photographs, videos, audio recordings, and similar visual-audio records taken during tour organizations constitute personal data. These records may be processed, stored, and shared by ACENTA for the purpose of promotion, advertising, marketing, corporate communication, increasing brand awareness, and conducting social media activities. Your personal data may be used on internet sites, social media platforms, printed advertising materials, catalogs, brochures, billboards, outdoor advertisements, digital advertising platforms, and similar promotional media. Your rights under KVKK are reserved, and you may always apply within the framework of relevant legislation.
ARTICLE 10 : EXPLICIT CONSENT DECLARATION
I declare that I have read and understood the Informed Consent Text presented to me within the scope of Law No. 6698 on the Protection of Personal Data. I accept and declare that I freely give explicit consent for photographs, videos, audio recordings, drone footage, and similar visual-audio records taken individually or in groups belonging to me during the tour to be used, processed, stored, and published by ACENTA in promotional, advertising, marketing, social media posts, internet sites, printed materials, digital ads, and other corporate communication activities.
ARTICLE 11 : PASSPORT, VISA AND ENTRY RESPONSIBILITY TO THE COUNTRY
The CUSTOMER is obliged to fully comply with the validity period of their passport, its usability, the required number of blank pages, visas, residence permits, transit permissions, and all entry requirements requested by the country or countries to be visited. The right of entry to each country is entirely at the discretion of the relevant country's border security and immigration authorities. In cases where the participant is not admitted to the country, deported, denied entry, or prohibited from traveling, ACENTA bears no legal or financial responsibility. Therefore, all costs arising from this, including transportation, accommodation, return tickets, fines, official fees, etc., belong to the participant.
ARTICLE 12 : HEALTH INSURANCE
The consumer who purchases travel insurance service is covered by the insurance company providing this service regarding the scope of coverage for damages, losses, and claims. The Agency bears no responsibility regarding the content, scope, or implementation methods of these coverages. The consumer must obtain their own travel insurance. If the consumer leaves the tour they started, claiming the service was defective, they must inform the agency authority and the hotel where they stayed in writing, stating the reasons. The consumer declares that they have read and are informed about all services and qualities provided within the scope of the purchased tour contract, the sales price, payment method, and all preliminary information regarding fulfillment, and that they have been informed in an explanatory manner regarding the content and articles of the package tour contract. If the consumer complains about certain matters, it is possible to resolve them and ensure satisfaction if the complaint subject is reported in writing to the authorized person during the performance of the service and communicated to the agency authorities while the service is being received.
ARTICLE 13 : DISPUTE RESOLUTION, COMPETENT COURT AND FINAL PROVISIONS
Consumers participating in this trip, even if they do not sign, have accepted by giving approval via email. The parties have learned these contract terms valid between them due to promotional brochures, catalogs, and advertisements, and have undertaken to participate in the trip under these contract terms.
This contract prepared between the parties has been prepared, read, checked, and accepted together with all its annexes by the authorized representatives of the parties. The parties have mutually accepted, undertook, and confirmed this contract. In the resolution of any disputes that may arise from this contract, the laws of the Republic of Turkey shall apply, and within the framework of current legislation, Consumer Arbitration Committees and Consumer Courts are competent. In disputes falling outside the jurisdiction of Consumer Courts, the courts and enforcement offices located where ACENTA's headquarters is situated are competent. The Participant declares, accepts, and undertakes that they have read all articles of this contract, understood their contents completely, were given necessary information, signed the contract with free will, and explicitly accept all provisions, terms, and obligations contained in the contract. This contract enters into force with the approval given by the CUSTOMER between the parties and constitutes a binding provision for the parties. Without making an additional contract, any additional changes, corrections, or additions in existing tour contracts with the consumer shall be valid provided that they are signed by the agency authority.
