Service Aggreement
1. PARTIES
1.1. The Service Agreement ("Agreement") is concluded between DCA Turizm Ltd. Şti. (hereinafter referred to as "HOLIFLYS") on the one hand and the guest who receives service at www.holiflys.com or the member who visits to receive service on the other.
2. DEFINITIONS
Hereinafter;
2.1. Regulation on the Relations of Tourism Enterprises with the Ministry, with each other and with their customers: Regulation,
2.2. DCA Tourism Ltd: Holiflys,
2.3. Hotel where the guest receives accommodation service: Hotel,
2.4. The person/institution from which the Guest receives other services offered on the website except accommodation: will be referred to as the Service Provider.
3. SUBJECT AND SCOPE OF THE CONTRACT
3.1. The service contract is related to the fulfillment of the services required by Holiflys in terms of accommodation in the hotel chosen by the Guest for the period determined by the party to the contract through the "Holiflys.com" website, excursions and other activities in return for a fee and determination of mutual rights and obligations in this context.
3.2. According to the service requested by the Guest, the relevant articles of the Service Agreement between Holiflys and the Guest shall apply.
4. DESCRIPTION, SUBJECT AND CONTENT OF THE SERVICE
4.1. The Agreement, depending on the type of service chosen by the Guest through the "Holiflys.com" website; accommodation at the hotel for the period determined in return for the fee, and the provisions regarding the mediation business for the provision of services in terms of excursions and other activities in line with the demands of the consumer are regulated.
4.2. Holiflys accepts and undertakes to mediate in the process of providing the service defined to the Guest according to the Guest's request on the agreed dates after the Guest's obligations under the Agreement are fulfilled in accordance with the Agreement.
5. PAYMENTS
5.1. The payment method of the relevant product is specified on the Holiflys.com website; These payment terms bind the parties under the contract in terms of both duration and price.
5.2. In the event that the Guest requests a change in the works previously approved and in progress; Holiflys shall inform the Guest whether the said change will cause any increase or decrease in the costs of the work undertaken by Holiflys. will be provided. Subject to the Guest's approval, Holiflys will make the necessary adjustments to the costs. The Guest is obliged to pay the increased cost difference as a result of the changes at the latest on the date when the payment obligation arises. At the time of purchase or reservation, if there are provisions on the website that no change can be made or restrictions on change are regulated, the relevant notices bind the parties within the scope of the contract. In this case, the notification at the time of sale or reservation shall be taken as basis.
5.3. Holiflys accepts and undertakes that it will not share credit card information with third parties under any circumstances.
6. CANCELLATION - REFUND
6.1. The cancellation and refund transactions of the Guest will be carried out by Holiflys, provided that it is before the check-in / service start time; Holiflys will have no responsibility outside the scope of its contract with the Hotel or direct service provider. Cancellation and refund transactions after the check-in/start time of the service belong to the hotel/direct service provider.
6.2.The Hotel will take the date and time of the Guest's application to the call center for the cancellation and refund request as the basis for the cancellation and refund requests submitted to it by Holiflys. The cancellation and refund procedures of the Guest will be carried out by Holiflys, provided that it is before check in; Holiflys will have no responsibility outside the scope of its contract with the Hotel. Cancellation and refund transactions to be made after check in belong to the Hotel.
6.3. The guest is obliged to notify in writing that he/she will join the excursion/hotel reservation that he/she missed the start of. In the absence of written notification, Holiflys has the right to cancel the reservations made on behalf of the guest 2 hours after the start time if the relevant service is a package or day tour, or 2 days after the start date if it is a service with hotel accommodation. In such cases of cancellation, no refund will be made to the consumer.
6.4. In the event of late arrival, departure from the hotel before the end of the reservation period or partial or complete non-use of the services ordered, the actual damage incurred by the hotelier/service provider shall be borne by the guest, provided that this is not due to the fault of the hotelier/service provider. If this is covered by Holiflys, recourse shall be given to the guest. In case the guest pays the damage late, Article 18 of the Regulation shall be applied with reference to the last paragraph of Article 29.
6.5. In room cancellations and refunds, the compensation to be received from the guest cannot exceed the total compensation in Article 29 within the scope of the conditions in Article 28 of the Regulation. This provision is also used in service purchases to the extent that it coincides with the nature of the service.
6.6. Holiflys may change the hotels, transportation vehicles and their departure times and places, and the order of visits to the places indicated in the program and shown as places to visit. Changing only the order of visit cannot be canceled and refunded, unless the duration has changed.
6.7. If the program change is caused by any reason other than the service provider, Holiflys is not responsible for any damages arising from the change, except for the refund of the fee.
6.8. Holiflys may partially or completely cancel the tours it announces or registers when it deems necessary until 48 hours before the start of the trip. In case of partial or total cancellation, the cancellation or change is notified to the customer. After the notification, the Customer may request to receive the service with the new date or notify that he / she has given up receiving the service. With the service If there is a shortage in terms of the number of final registrations, cancellation can be made up to 24 hours in advance. In case of cancellation, the fee paid by the customer will be refunded within 10 days. If there is a request to change the date of the service, the new service date is notified to the customer. The customer is bound by this date. If the service provider is unable to define a new service in accordance with the program due to intensity or for any other reason, the customer will be notified of this situation and the fee will be refunded.
7. NOTICE OF DEFECT
7.1. The Hotel/Direct Provider of the Service is primarily responsible for any damages that may arise due to defective performance. In such cases, the Guest accepts, declares and undertakes that he/she will apply to the Hotel/Direct Provider of the Service before Holiflys and claim his/her rights from him/her primarily.
8. NON-COMPLIANCE WITH SANCTIONS
8.1. All damages arising from the Consumer's misdemeanor and all kinds of behaviors contrary to the law numbered 5237 shall be recourse to the Consumer.
9. EVIDENCE AGREEMENT
9.1. In all disputes that may arise from the service relationship between the parties, Holiflys' e-mail, telephone, sms and social network, internet and all kinds of electronic media, as well as log and all kinds of data records are conclusive evidence.
10. APPLICABLE LAW AND COMPETENT COURT
10.1. The Parties acknowledge and declare that they agree that the Law of the Republic of Turkey shall apply to the Agreement and that the Agreement shall be interpreted in accordance with the Law of the Republic of Turkey.
10.2. Antalya Courts and Antalya Enforcement Offices are authorized in any dispute arising from the application of this Agreement, including its interpretation.
11. FORCE MAJEURE
11.1. Either Party may, through no fault or negligence of its own, by reason of acts of God beyond its reasonable control, statutory strike, general epidemic, declaration of partial or general mobilization, state of emergency and other similar circumstances to be determined by the competent administrative authority as necessary, If the Party subject to Force Majeure performs any of its obligations under the Agreement late or fails to perform properly, the Party subject to Force Majeure shall not be liable and shall not be deemed to be in default for failure to perform its obligations under this Agreement at all or properly for so long as such event or occurrence continues; provided, however, that the Party affected by force majeure shall notify the other Party in writing of the delay and the estimated period of delay or inability to perform within 5 (five) business days of the occurrence of the event or occurrence. Otherwise, the Party affected by force majeure shall not claim that it is not liable for any damages arising from the failure to fulfill its obligations.
11.2. The Parties are obliged to fulfill their obligations in full until the moment of occurrence of the Force Majeure event. If the Force Majeure event lasts for more than 1 (one) month without interruption, each Party may terminate the Agreement by giving written notice to the other Party.
12. SIGNATURE AND EFFECTIVENESS
12.1. The Agreement shall be deemed to be accepted upon electronic approval and shall become effective at the same time.
HOLIFLYS ELECTRONICALLY CONFIRMING GUEST