DISTANCE SALES CONTRACT
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DISTANCE SALES CONTRACT ARTICLE 1 - PARTIES
1.1 SELLER
Title: DARMAN TOURISM CONSTRUCTION INDUSTRY AND TRADE JOINT STOCK COMPANY
Address: Barbaros Mah. Begonya Sk. Nidakule Atasehir West No: 1 Interior Door No: 2
Atasehir / Istanbul
Phone Email: 05331591494 - 05305885649 : [email protected]
1.2 RECIPIENT
Title:
Address:
Phone Email
ARTICLE 2 - SUBJECT
The subject of this Distant Sales Contract (Contract), the BUYER's
It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and performance of the service, the qualifications and sales price of which are specified below, ordered electronically from the website "www.lesalpes.com.tr".
ARTICLE 3 - CONTRACTUAL SERVICE
Description of the service purchased electronically, program title/package name, nature, type, form, presentation, date, itinerary, guide/trainer, sales price including all taxes, payment method, basic features and other issues can be found at "www.lesalpes.com.tr"
stated.
Description :.................. Price including VAT : ........ TL
Subtotal: ................ TL
Payment Method Total (including VAT) : .............. TL
You agree in advance to the price and terms and conditions on the booking page you are currently using at ''www.lesalpes.com.tr''.
ARTICLE 4 - RIGHT OF WITHDRAWAL
MÜŞTERİ’nin satın aldığı konaklama hizmetini kullanmaktan vazgeçtiğini hizmetin başlamasından 30 gün öncesine kadar yazılı ya da kalıcı veri saklayıcısı aracılığı ile bildirmesi halinde, ödenmesi zorunlu olan vergi, harç ve benzeri yasal yükümlülüklerden doğan masraflar hariç olmak üzere ödediği bedelin tamamı kendisine iade edilir. MÜŞTERİ, satın aldığı konaklama hizmetini kullanmaktan vazgeçtiğini hizmetin başlamasına 29-15 gün varken yazılı ya da kalıcı veri saklayıcısı aracılığı ile bildirmesi halinde ödediği bedelin %35’ini, 14 günden az bir süre kala ise tamamını LES ALPES ‘e ödemeyi kabul eder. MÜŞTERİ tarafından yapılan tarih değişikliği talepleri vazgeçme anlamına gelmekte olup , MÜŞTERİ tarafından yukarıda belirtilen süreler dikkate alınarak yazılı olarak bildirilecektir. MÜŞTERİ’nin kendisi veya birinci derece akrabalarının rezervasyon anında var olmayan 10 günlük mutat iştigaline engel olan rahatsızlıkları/ ölümlerini gösterir rapor ve bunun gibi
The CUSTOMER's written submission of documents related to other circumstances that the CUSTOMER cannot foresee despite all due diligence before the start of the service is an exception to this article, and in such a case, the amount paid will be refunded to the CUSTOMER within 14 days without deduction, except for the costs arising from compulsory taxes, fees and similar legal obligations and documentable and non-refundable fees paid to third parties.
ARTICLE 5 - GENERAL PROVISIONS
5.1 The BUYER has read the preliminary information regarding the basic qualifications of the service subject to the Contract, the sales price including all taxes and the payment method, the performance, the period of performance and the full trade name, open address and contact information of the SELLER on the "www.lesalpes.com.tr" site, and that he / she has accurate and complete information and has given the necessary approval electronically and that this Agreement is in electronic form.
accepts and declares that he/she knows that the payment obligation arises with his/her approval. The preliminary information form on the payment page on the website "www.lesalpes.com.tr", the invoice for the sale, the camp document (banner) and other written notices are hereby
They are integral parts of the Convention.
5.2 This duplicate Agreement, which has been previously signed by the SELLER, has been signed and accepted electronically by the BUYER, and a copy will be sent to the Buyer's e-mail address if requested in writing by the BUYER.
5.3 Payments can be made by credit card, EFT or wire transfer.
5.4 The prices listed and announced on the website are sales prices. The advertised prices and commitments are valid until they are updated, changed and until the specified quota is reached. Prices announced for a period of time are valid until the end of the specified period. After these stages and periods, it is warned that the SELLER is not bound by the information and promises given in this form.
5.5 Participation in the service sold by the SELLER is subject to the following conditions:
- In order for reservations to be finalized, the service fee must be paid in full.
- The SELLER may change the content of the service / event due to the environment, nature, transportation, weather conditions or compulsory situations that are not caused by the SELLER or unexpected.
- Taking photos/videos during the service/event and publishing and sharing the photos/videos instantly and/or for a certain period of time on social media is at the initiative of the SELLER without prejudice to the provisions of the legislation on the Protection of Personal Data, and the BUYER accepts this situation in advance.
- The BUYER accepts, declares and undertakes that if he / she starts to receive service, leaves before the end time or terminates the process, he / she cannot claim the refund of the price paid to the SELLER and that there will be no refund of any price, and that the conditions of withdrawal and cancellation are not possible due to the nature of the service provided.
- Fees for services not used voluntarily cannot be refunded or deducted. The flow and planning of services may vary according to the situation and conditions.
- It is the responsibility of the BUYER to cover the fees for extra products and services offered by 3rd party persons / companies not specified within the scope of the service and the SELLER has no responsibility to cover these fees and expenses.
- The BUYER accepts and declares that he / she cannot make any claims regarding situations that are not within the service / program.
- The BUYER is obliged to notify the invoice information to the SELLER. If the invoice is requested by the customer, it can be sent as E-invoice or E-archive after the service is realized.
5.6 Without prejudice to other rights arising from the contract, the SELLER may provide a different service opportunity of similar quality and price by relying on a justifiable reason, informing the BUYER before the contractual performance obligation expires and obtaining his explicit consent.
5.7 In cases where it is impossible to fulfill the service performance subject to the order, the SELLER is obliged to notify the BUYER in writing within 3 days at the latest from the date of learning of this situation and to return all payments collected, including delivery costs, if any, within 10 business days at the latest from the date of notification.
5.8 For the performance of the service subject to the contract, this text / contract must be approved electronically or preferably the signed copy must be delivered to the SELLER and the price must be paid by the payment method offered by the SELLER and preferred by the BUYER
mandatory. If for any reason the service fee is not paid and / or not transferred to the accounts of the SELLER, the SELLER shall be deemed to be released from the obligation to perform the service.
5.9 The SELLER shall not have any liability in the event that the SELLER fails to fulfill its performance due to the existence of adverse causes such as force majeure, natural disasters, social events, international relations, technical failures, strikes and protests that do not exist or are not foreseen at the time of sales approval. If the SELLER cannot perform the service subject to the Contract within the term due to force majeure,
is obliged to notify the BUYER of the situation. In this case, if the BUYER cancels the order, the amount paid by the BUYER shall be refunded within 10 business days, taking into account the payment method and period (in cash, in lump sum or in maturities) on the date of purchase of the service. If the force majeure lasts for more than 15 (fifteen) days, each party shall have the right to terminate the contract unilaterally.
5.10 In case of insufficient participation in collective and / or group events, the SELLER has the right to postpone or cancel. Cancellation notifications will be made in writing to the e-mail address or phone with written communication feature notified by the BUYER. The BUYER accepts, declares and undertakes that the SELLER cannot be held responsible in any way in this case.
5.11 The BUYER declares and undertakes that by signing this text and the contract, he/she accepts all the conditions regarding the provision of the service and the sale.
5.12 The BUYER (parent/caregiver/guardian/legal representative) is personally responsible for the damages and consequences arising from possible accidents and incidents during the activities carried out by persons under the age of 18 together with their parents (caregivers/guardians/legal representatives). Regarding these, the BUYER accepts, declares and undertakes that the SELLER has no responsibility.
5.13 Food, clothing, shelter, protection and all other needs of persons under the age of 18 belong to their parents (caregivers/guardians/legal representatives).
5.14 The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities for him.
5.15 The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the SELLER's website is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon the first notification of the SELLER.
5.16 Through the website of the SELLER, links may be provided to other websites and/or other contents that are not under the control of the SELLER and/or owned and/or operated by other third parties. These links are provided to provide ease of orientation to the BUYER and do not support any website or the person operating that website and do not constitute any guarantee for the information contained in the linked website.5.1 The BUYER accepts and declares that he / she has read the preliminary information regarding the basic qualifications of the service subject to the Contract, the sales price including all taxes and the payment method, the performance, the period of performance and the full trade name, open address and contact information of the SELLER on the "www.lesalpes.com.tr" website and that he / she has accurate and complete information and that he / she has given the necessary approval electronically and that he / she knows that the payment obligation arises with the approval of this Contract electronically. The preliminary information form on the payment page on the website "www.lesalpes.com.tr", the invoice for the sale, the camping document (banner) and other written notices are integral parts of this Agreement.
ARTICLE 6 - DEFAULT OF THE DEBTOR
In case of default of the BUYER, the BUYER agrees to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER shall not be obliged to meet any damage and loss claim.
ARTICLE 7 - APPLICATION PROCEDURE AND AUTHORIZED INSTITUTIONS IN CASE OF DISPUTE
7.1 The BUYER may submit his/her requests and complaints regarding the services purchased by the SELLER above.
to the specified e-mail address. SELLER shall do its best to resolve justified claims and complaints immediately.
7.2 If the BUYER is also a consumer within the framework of the provisions of the Law No. 6502 on the Protection of Consumers; in accordance with the relevant articles of the Law No. 6502 on the Protection of Consumers and within the monetary limits determined by the Ministry of Customs and Trade in December each year,
They can apply to the Arbitration Committee for Consumer Problems or the Consumer Court in the place where consumers purchase the service or where they reside. In terms of BUYERS who do not have the title of consumer, it will be possible to apply for legal remedies within the framework of the provisions of the Turkish Commercial Code and the Turkish Code of Obligations. In this case, the authorized court is Istanbul Anatolian Courts.
ARTICLE 8 - CONSUMER RIGHTS
8.1 In cases where the service is performed defective due to reasons arising exclusively from the fault of the SELLER, the BUYER is free to use one of the rights to re-service, discount from the price at the rate of defect or return from the contract against the provider / seller. If the SELLER assumes responsibility, it is obliged to fulfill this request preferred by the BUYER. All expenses arising from the exercise of the optional rights shall be borne by the SELLER.
8.2 In cases where the Buyer chooses the right to return from the contract or to discount the price at the rate of defect, the entire price paid or the amount deducted from the price shall be returned to the BUYER, taking into account the payment method and period on the date of purchase of the service.
8.3 In cases where it is possible to see the service again and is chosen by the BUYER, the request shall be fulfilled by the SELLER within a reasonable period of time and in a manner that will not cause serious problems for the consumer, taking into account the nature of the service and the purpose of the BUYER to benefit from this service. This period may vary according to the nature of the service and in cases where it is convenient to fulfill
cannot exceed thirty days after the request is directed to the SELLER.
ARTICLE 9 - EFFECTIVE
The BUYER is deemed to have accepted all the terms of this contract when he/she makes the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is realized.