SERVICE AGREEMENT

1- PARTIES

This Agreement was executed by and between Katara İç ve Dış Ticaret Turizm Danışmanlık Ltd.Şti. (to be referred to as “KATARA” hereinafter) on the one side, and …………………………………….   (to be referred to as the CUSTOMER hereinafter) on the other side.

2- SUBJECT

This Agreement contains the Itinerary /Brochure that shows details of the service to be offered by Katara, or the services referred to in the service certificate, all of which constitute an integral part of the Agreement.

3- GENERAL PROVISIONS

3.a. The CUSTOMER agrees and declares having read and comprehended the brochure/Itinerary or service certificate that contains the qualities, sales value, payment term and details of the contractual service.

3.b. The Customer agrees and undertakes to have with him his passport, a valid visa and identity card as may be required for entrance to and accommodation in Turkey or in any other country.

3.c. The Customer agrees and undertakes that all responsibility rests with him and Katara holds no legal or criminal liabilities in case when the customer is denied entrance to or departure from a country because of missing documents, missing passport, valid visa, tax liabilities, government permit etc.

3.d. The Customer agrees and undertakes that he will be accountable for failure to provide services due to missing documents or for reasons attributable to customer.

3.e. The Customer agrees and undertakes that he will be responsible for luggage and luggage content; that he is responsible for following up with his articles; that neither Katara nor its personnel shall have legal and/or criminal liabilities for lost or stolen articles; and that he shall make no claims against Katara and/or Katara employees.

3.f. The Customer agrees and undertakes by signing this Agreement that he will be subject to and obliged to comply with the laws and practices exercised by the accommodation facility and the means of transportation; that he will comply with the rules and requirements relating to service procured as notified by the guide, facility, agency and representatives of the means of transportation; that he will abstain from jeopardizing  third parties’ safety of life and property, failing which he will be primarily and individually responsible for  tangible/intangible damages and Katara shall be entitled not to provide the contractual service and the Customer shall have no rights to refund.

3.g. The Customer agrees and undertakes that extra foods and beverages  not covered by the Package Tour, as well as his personal spending and extra-itinerary goods and services shall be paid up by him; in case he stops using the service(s) on the grounds that it is defective, he will serve a written notice, explaining the reasons for such termination to Katara and accommodation facility in accordance with the obligations to cooperate and act prudently, failing which the Customer is deemed to have received and enjoyed the service.

3.h. The CUSTOMER agrees that any other persons whom will be accompanying him at his travel are recognized as a party to this agreement, hence he is obliged to give the name and surname, Turkish ID number and any other credentials and data as may be required for the travel accurately and correctly; that he is also obliged to give information to other participants about the debriefing, brochure and certificate of service provided with him and that such documents, brochures/ certificates of service lodged with him are deemed delivered to the participants as well.

3.f. If Katara terminates this Agreement in part or in full in the absence of the Customer’s fault, unexpected and unavoidable acts and deeds by the third parties, force majeure (adverse weather conditions, accessibility barriers, strike, terrorist attacks, fog, wartime, unavoidable technical issues etc.) or except when incidents that are unavoidable and beyond control occur despite due diligence shown by Katara/its agency/independent service provider and without Customer’s right to indemnity, then Katara shall be accountable and responsible for the damages incurred by the consumer save for the provisions of compulsory insurance defined in Law Number 1618. For package tour that involves and includes package tours,  in case of luggage loss and damage due to gross negligence by Katara, the Customer shall be entitled to resort to the indemnity provisions under the Montreal Convention, an international agreement, provided always Katara issues a loss and damages report.

4- TERMINATION AND ASSIGNMENT

4.a. In case Katara terminate the Agreement with no good reason, Katara returns any and all payments made by the Customer up until that time in 14 days. If the number of customers that sign up for the package tour fails to satisfy the quorum, Katara shall notify the Customer about the circumstance at least 20 days in advance of the beginning of the tour either in  a written form or by permanent data storage tools. the Customer may not make claims under any name.

4.b. If the Customer terminates the Agreement up to 30 days in advance of the beginning of the service, entirety of the payment made up until then minus compulsory taxes, fees and similar statutory obligations is returned.

In case the Customer terminates the Agreement up to 29-21 days in advance of the beginning of the service, it agrees, declares and undertakes to pay 35% of the travel cost to Katara. In case of termination of the Agreement in less than 20 days in advance of the beginning of the service, then the Customer agrees, declares and undertakes to pay the full travel cost to Katara. Customer’s requests for date changes are recognized as a terminating clause, and the circumstance shall be notified in writing, observing the afore-cited terms.

Reports, certifying or otherwise documenting the customer’s or his first-degree relatives’ death or disorders / illnesses that last 10 days and that do not exist at the time of booking or any other reports confirming circumstances beyond the customer’s reasonable control despite due diligence are exceptional to this article provided always such reports and documents are submitted in writing before the service provision starts. In any such case, the payment made by the Customer  minus compulsory taxes, fees and similar statutory obligations , and non-refundable and certifiable payments to the third parties is returned to the Customer in 14 days with no deduction.

The CUSTOMER may transfer and assign the service to an eligible third party who satisfies the package tour requirements provided the circumstance is notified in a written form or by permanent data storage tools up to 7 days in advance of the service beginning date. The transferee, together with the transferor shall be jointly and collectively responsible for the outstanding balance, if any, in addition to any other expenses likely to arise out of the transfer and assignment. The CUSTOMER is obliged to submit to Katara any and all requests for termination/transfer and assignment – as the case may be- in a written form before the service beginning date.

4.c. In case the Customer fails to notify in writing that he intends to attend a service, beginning of which has been missed out, then Katara shall be entitled to call off all bookings and services  for the Customer’s name after 24 hours, and to terminate the Agreement accordingly. In such cases no payment is refunded to the Customer. If the CUSTOMER notifies within 24 hours following the original date of beginning for services that he will be attending, the price difference arising out of or connected to transportation shall be borne by the Customer.

4.d. Provided the Customer is notified, Katara is entitled to cancel the tours that have been announced or for which it has received registrations either in part or n full before the service provision begins. Katara may also change or otherwise alter the hotels, means of transportations, departure points, and order of visiting the venues listed on the itinerary. If the Customer does not accept such changes and cancellations for justified reasons,  he may choose either of these 3 (three) options provided always her notifies Katara that he cancels his booking in a written form or by permanent data storage tools within 2 business days: (1) To withdraw from the Agreement with no indemnity and the right to recover unused service charge within 14 days, (2) Right to attend another package tour equivalent of or superior to the one originally offered by Katara without having to pay extra charges, (3) To recover the price difference in case of choosing a loss costly package tour.

5- MISCALLENEOUS

In case of a package tour service provision, underprovision or non-provision of the package tour is guaranteed by insurance pursuant to article12 of the Law Number 1618. For the avoidance of doubt, the guarantee coverage equals the amount of the package tour. If desired, the Customer may, at his own expense, buy insurance before the beginning date of the package tour or accommodation service in order to make sure that costs returning to the point of departure, and damages likely to be incurred and treatment expenses in case of an accident and/or illness are covered. If one or more articles of this Agreement are rendered invalid for any reason, remainder of the Agreement shall not be affected by it and it will remain in effect.

Since the contact details such as address, phone number, e-mail shared by the Customer when executing the Agreement will be used for service of notices, the CUSTOMER is responsible for notifying Katara if his contact details are subject to changes.

The CUSTOMER consents that he may be updated with information about the services, ads, announcements, campaigns and promotions for and about the brands controlled by Katara and its suppliers and affiliated entities; and that he is sent electronic message for commercial purposes in accordance with the Law Number 6563. If the Customer wants to withdraw his consent, he should notify Katara at the communication channels specified herein, thereupon Katara ceases sending information and updates.

6. JURISDICTION

The Turkish Law shall be the governing law and the courts  and execution offices in Istanbul shall be the competent authorities in case of disagreements likely to arise out of or connected to this Agreement..

This Agreement is made of six (6) articles on three (3) pages. Having been discussed elaborately by the contracting parties, it was executed and signed in a single copy. True copy of the original was delivered to the CUSTOMER and enters into force on the date of signing.

Katara                                                                                                                       Customer