Service Contract - Latitude

SERVICE CONTRACT

I – THE PARTIES(COUNTERPARTIES)

“UNIVERSO TOUR TURIZM TİCARET LİMİTED ŞİRKETİ” that is based in Asmalı Mescit district, Karateke Office Blocks, Building No:8, Flat:3, Apartment No:7, Beyoğlu/Istanbul, and the other counterpart which is based in the address to benefit from the tour/service or to intercede the service had came on agreement. Unwritten matters that is not included by the contract, going to be applied by Türkiye Cumhuriyeti’nin 1618 sayılı Kanun ve buna bağlı olarak çıkarılan Yönetmelikler, Tüzük ve Genelgeler, Tebliğ ve Çizelgeler, 2634 S.K., IATA, IHA, UFTAA Konvansiyon Hükümleri with international special and official contracts.

II – DEFINITIONS

UNIVERSO : is going to be referred as “Agency” on the paper.
INTERMEDIARY AGENCY: is going to be referred as “Customer” on the paper.
CONSUMER/CUSTOMER: is going to be referred as “Guest” on the paper.

III – SUBJECT OF THE CONTRACT

Subject of the contract is to define the rights and the responsibilities of the parties.; The service, its attributions, and the sale price that has been defined and specified by the CUSTOMER, about the sale and execution of the service to be take the basis of 1618 sayılı kanun, Paket Tur Sözleşmeleri Yönetmeliği.

IV – NON-LIABILITY CLAUSE

In this contract the CUSTOMER accepts that, if CUSTOMER does not fulfill the obligations specified in the contract or does not comply with the contracts and legal regulations to be concluded between the GUEST and theirself, in the situation of the GUEST could not get the service or lacking of the service, the AGENCY has no responsibility.

The CUSTOMER is obliged to inform the GUEST of the terms and conditions of the contract signed with the AGENCY before the tour. Along with the informing, the GUEST is deemed to have accepted the provisions of this contract. The CUSTOMER agrees and undertakes that he/she will cover any damages that may occur to the AGENCY if he/she does not comply with the obligation to inform.

The CUSTOMER has to inform the GUEST about the tour at least twenty-four hours for domestic tours and forty-eight hours for international tours as of the start of the tour. The CUSTOMER accepts and undertakes that the AGENCY is not responsible for any damages that may arise due to non-compliance with this obligation and will cover any damages that may occur to the AGENCY.

V- PROCEDURE OF INFORMING ABOUT THE CONTRACT AND SERVICE

The contract is available on the AGENCY’s website www.latitudetour.com. The CUSTOMER accepts the agreements for the reservations to be made via the internet address with the member user name and password given to him/her by the AGENCY and the agreement is deemed to have been delivered to him/her.

On the website of the AGENCY mentioned above, there is extensive information about the tours the AGENCY provides. The CUSTOMER accepts and undertakes that he/she has read this information regarding the tour he/she has chosen before or after booking. If the CUSTOMER wishes, he/she will be able to print the content information about the tour he/she has chosen through the website. After the CUSTOMER’s reservation is confirmed by the AGENCY, he/she will be able to download the voucher document for the tour from his/her own login account at the above-mentioned internet address. If the CUSTOMER thinks that there is something missing regarding the service to be provided, he/she will immediately notify the AGENT.

The CUSTOMER is obliged to inform the GUEST correctly. The CUSTOMER accepts and undertakes that all responsibility is his/her own due to the GUEST’s lack of information, incomplete or incorrect information.

VI- PAYMENTS

At least 15 days before the travel date, at least 50% of the reservation price, and the balance must be paid at least 7 days before the start of the trip. Apart from bank transfer, payment is also can be made by credit card, but 4% of bank commission would be added on the price. Visa and Mastercard are accepted. American Express is not accepted.

All prices are in USD. Some services the rate of %8 and some others the rate of %18 KDV (Value Added Tax applied to citizens in the Republic of Turkey) is included in the prices. Any changes that may be made by the Turkish government in tax rates will be reflected in the prices exactly. Package tour prices are prices including commission. But optional tours, additional services (transfer, cave hotel supplement, etc.) and flight ticket prices are net prices.

0-2 years old baby (under 2 years old) 90% discount is applied, 10% of the price is paid. 3-12 years old children (who will not be 12 years old) will receive a 15% discount on the third person price, if they share the room with 2 adults. If there is 1 adult and 2 children in the room, only 1 child will be discounted, the other will be charged at the adult price.

VII- CANCELLATION – WITHDRAWAL – CHANGES

If the CUSTOMER cancels or terminates the contract for reasons not caused by the GUEST, he/she is obliged to pay the amount equal to the contract price to the AGENCY.
The CUSTOMER accepts that reservations that including flight programs cannot be canceled or refunded since the airlines disallow. Even if the GUEST cancels the reservation, the CUSTOMER accepts and undertakes that he will fulfill all his obligations arising from this contract towards the AGENCY.
Due to the cancellation reasons arising from the GUEST, the following provision is applied;

In Group Reservations, if cancellation-change is requested up to 30 days before the start of the tour, the entire fee is refunded, excluding the expenses arising from compulsory taxes, fees and similar legal obligations. For individual reservations, this period is 15 days. Likewise, for group reservations, cancellations made between 30-15 days, 50% of the tour cost, and for cancellations made less than 15 days before, the entire tour price is charged. For individual reservations, 50% of the tour price is charged for cancellations between 15-7 days, and for cancellations made less than 7 days before, the entire tour price is charged.

If the GUEST does not notify in writing that he/she will participate in the trip, which he/she missed the beginning of, the AGENT has the right to cancel all reservations made on behalf of the GUEST after 24 hours. In such cancellations, no fee will be refunded to the GUEST.
EXCLUSION OF LIABILITY: The AGENCY is not liable for the full or incomplete performance of the contract in the presence of the following reasons.

In case of fault of the CUSTOMER or GUEST,
Unexpected and unavoidable behavior of a third party who is not icluded in the performance of the contract.
In case of a force majeure. (Force majeure cases are listed in article 6.)
Occurrence of an event that the AGENCY could not foresee and prevent despite all due diligence.

Force majeure: If adverse weather conditions, road obstruction, strike, terror, war, possibility of war, unpredictable technical issues prevent the start or continuation of the tour, it is accepted as force majeure by the parties.
CHANGES IN MAIN ELEMENTS OF THE CONTRACT:
Significant changes in the content of the contract before the start of the package tour due to the reasons arising from the AGENCY itself are considered as a fundamental contract change.
The AGENCY is obliged to immediately notify the changes in the articles of association and their effects on the price.
In the event that one of the essential elements of the contract is changed, the GUEST can either accept this change or use one of the following optional rights, provided that he/she notifies the package tour organizer or the AGENT in writing or with a permanent data keeper that he/she does not accept the change:

Participation in another package tour of equal or higher value offered by the AGENCY or CUSTOMER without paying any additional cost.
Participation in a lower value package tour, provided that the price difference is refunded.
Withdrawal from the contract without paying any compensation.

VIII – GENERAL OBLIGATIONS

Items that is scented, flowing, flammable or explosive properties or disturbing the environment, cutting, piercing and firearms and all kinds of animals; They cannot be taken to vehicles and accommodation facilities without the separate and express written permission of the AGENCY. The fact that they have an identity or license does not change the situation.
VISA PROCEDURES are not included in the purchased service. The AGENCY has no commitment to obtain a visa.
Possible tour cancellation notifications of the AGENT will be notified to the CUSTOMER by e-mail. The CUSTOMER shall immediately notify the GUEST of the tour cancellation information received.
The GUEST’s use of the tour program he/she has purchased to the end, even though he/she has made a complaint, eliminates his/her right to compensation such as replacement service and refund for the issues he/she complains about.

IX – LANGUAGE OF THE CONTRACT

This contract has been prepared in four languages: Turkish, English, Spanish and Portuguese. The main language of the contract is Turkish. In case of contradiction in the translation, the contradictions will be resolved through the Turkish version of the contract.

X – APPLICABLE LAW

Any dispute arising out of or relating to this Agreement; In accordance with the İstanbul Tahkim Merkezi Seri Tahkim Kuralları, it will be finally resolved by arbitration before ISTAC. The arbitration language will be Turkish. The place of arbitration is Istanbul/Turkey. Turkish law will be applied to the merits of the dispute.

The dispute will be resolved by a sole arbitrator appointed by the ISTAC Court. Parties may request injunctive relief pursuant to the ISTAC Emergency Arbitration Rules, when necessary.

This Service Contract, consisting of X (10) articles and 5 pages, has entered into force after being read by the customer and accepted in the electronic environment.