Package Tour Agreement
PACKAGE TOUR / SERVICE AGREEMENT
This agreement is entered into under the following terms between NİVORA TRAVEL, whose details are provided in the tour program and/or on the voucher, and the participant/consumer purchasing the package tour or travel service. The participant agrees to provide the necessary information to the other persons included in the same reservation on whose behalf the participant is acting, and confirms that the reservation details are accurate. The name of the tour, departure and return dates, means of transportation, accommodation details, total sale price, payment plan and other service details are set out in the tour program, voucher and reservation documents, which form an integral part of this agreement.
1. PAYMENTS
1.1 Reservation and Payment
Unless otherwise agreed in writing at the time of reservation, at least 50% of the total reservation price must be paid. The due date for the remaining amount will be communicated to the participant at the time of reservation, depending on the nature of the tour purchased and the payment terms set by the tour organizer/main product provider. The participant is required to pay the remaining tour price by the final payment date communicated to them.
If payment is not completed within the specified period, the reservation may be canceled, without prejudice to the participant’s statutory rights. Cancellation/change costs imposed by and documented by the main product provider, airline, hotel or other service provider due to late payment will be assessed in accordance with the applicable legislation and contractual provisions.
1.2 Credit Cards and Payment Security
NİVORA TRAVEL agrees to protect the confidentiality of payment and credit card information provided to it in accordance with applicable legislation and not to share it with unauthorized third parties. The participant is required to use accurate payment information belonging to themselves or to a person whose payment they are authorized to make. If a credit card belonging to another person is used, the cardholder must be aware of and consent to its use. The parties’ statutory rights and obligations are reserved in transactions involving the use of fraudulent, stolen or unauthorized payment instruments.
2. CANCELLATION, TERMINATION, WITHDRAWAL AND CHANGES
2.1 Participant’s Right to Cancel/Terminate
The participant must submit a cancellation or termination request to NİVORA TRAVEL in writing or via a durable medium accepted by law.
If the participant submits a cancellation/termination request at least 30 days before the package tour begins, the tour price paid will be refunded in full, excluding expenses arising from taxes, duties and similar legal obligations that must be paid.
If the participant voluntarily cancels/terminates less than 30 days before the package tour begins: if more than 15 days but fewer than 30 days remain before the tour begins (30–16 days), 50% of the tour price will apply as the cancellation/termination fee; if 15 days or fewer remain before the tour begins, 100% of the tour price will apply as the cancellation/termination fee.
These rates do not prevent the application of a provision more favorable to the participant if the special terms of the relevant package tour provide otherwise in the participant’s favor.
2.2 Participant’s Cancellation Due to Force Majeure
If, despite exercising all due care, the participant terminates the agreement less than 30 days before the package tour begins due to a situation they could not foresee or prevent, or due to force majeure, the provisions of the Package Tour Contracts Regulation in force shall apply. In this case, the amount paid by the participant will be refunded, excluding expenses arising from taxes, duties and similar legal obligations that must be paid, and amounts paid to third parties that are documented and non-refundable. The participant is required to notify NİVORA TRAVEL of a request based on force majeure as soon as possible and to provide the documents necessary for its assessment.
2.3 Refunds
Where a refund is required by law, the relevant amount will be refunded to the participant within the periods stipulated by the legislation in force.
3. FLIGHT TOURS, CHECK-IN, BOARDING AND MISSING A FLIGHT
3.1 Check-In and Boarding Procedures
For itineraries involving air travel, check-in and boarding are personal passenger procedures. The participant is required to comply with the meeting and airport arrival times notified by NİVORA TRAVEL. The participant must be at the airport within the time specified by the airline, complete check-in, carry the required travel documents, pass through security and passport control on time, and be at the departure gate at boarding time.
3.2 Missing a Flight / No-Show
To the extent that NİVORA TRAVEL is not at fault, the participant is responsible for the consequences of being unable to take a flight for the following reasons:
• Not being at the airport at the notified time,
• Not completing check-in on time,
• Not carrying a passport or the required travel documents,
• Arriving late for security or passport control,
• Not completing boarding on time,
• Failing to board the aircraft after checking in,
• Not reaching the departure gate on time.
The participant is responsible for the costs of any additional services required to join the tour later as a result, including a new flight ticket, transfers, accommodation, intercity transportation and similar services. If the participant misses their return flight through their own fault, the cost of a new flight ticket, accommodation, transfers and other additional expenses will also be borne by the participant.
3.3 Flight Times and Airline Changes
In the event of a change by the airline to the flight time, flight number, airport, route, operations, baggage allowance or similar matters, the applicable airline rules and legislation in force shall apply. NİVORA TRAVEL will communicate any significant changes brought to its attention to the participant as soon as possible.
3.4 Flight Ticket Cancellations and Changes
The cancellation, change and refund terms for flight tickets issued as part of a package tour are determined by the fare class used, the airline’s rules, the main product provider’s terms and the legislation in force. If a flight ticket is issued as non-refundable or non-changeable, this will be communicated to the participant in the reservation terms. This provision does not deprive the participant of rights arising under mandatory legislation.
4. TRANSFER OF THE AGREEMENT
If the participant is unable to continue with the package tour, they may transfer their agreement to a third party who meets all the requirements for the package tour, by notifying NİVORA TRAVEL in writing or via a durable medium at least 7 days before the tour begins. Any additional costs arising from the transfer will be communicated to the participant. Costs charged due to the transfer will be reasonable and will not exceed the actual costs incurred by NİVORA TRAVEL or the package tour organizer. The actual additional cost arising if the airline ticket does not permit a name change or a new ticket must be issued will be communicated to the participant.
5. NOT JOINING THE TOUR AND MISSING ITS START
If the participant misses the start of the tour or is not at the departure point at the stated departure time, and wishes to join the tour later, they must notify NİVORA TRAVEL in writing as soon as possible. If the participant joins late due to their own fault, they are responsible for the transportation, flight, transfer, accommodation and other additional expenses required to reach the group. If the participant fails to join the tour without giving any notice, the no-show and cancellation terms of the relevant hotel, transportation and other service providers may apply.
6. CANCELLATION OF THE PACKAGE TOUR BY THE AGENCY/ORGANIZER
If the minimum number of participants required to operate the package tour is not met, the package tour may be canceled in accordance with the conditions stipulated by the applicable legislation. Subject to the terms specified in the agreement, cancellation due to failure to meet the minimum participation requirement will be communicated to the participant in writing or via a durable medium at least 20 days before the package tour begins. In the event of force majeure or events that the organizer/agent could not foresee or prevent despite exercising all due care, the package tour legislation in force shall apply. If the package tour is canceled, the participant’s rights to a refund and other rights under the law are reserved.
7. FORCE MAJEURE AND UNFORESEEABLE EVENTS
Events outside the parties’ control that could not be foreseen or prevented despite the exercise of all due care may be considered force majeure. Such events include war, the threat of war, terrorist incidents, rebellion, strikes, natural disasters, earthquakes, floods, fires, epidemics, decisions by government authorities preventing travel, closure of airspace, extreme weather conditions, road obstructions that make transportation impossible and similar extraordinary events. If force majeure occurs, the parties’ rights and obligations will be determined in accordance with the legislation in force.
8. CHANGES TO HOTELS, TRANSPORTATION AND THE ITINERARY
Changes to the hotel, means of transportation, departure point, order of visits or similar services specified in the tour program may be required for unavoidable operational reasons. NİVORA TRAVEL and/or the package tour organizer will notify the participant of significant changes as soon as possible after becoming aware of them. If the accommodation facility is unable to provide service, is overbooked or a similar situation arises, the necessary steps will be taken, to the extent possible, to provide an alternative service of the same or a higher standard. Where changes affect the participant’s legal rights, the Package Tour Contracts Regulation and the applicable legislation shall apply.
9. BAGGAGE AND PERSONAL BELONGINGS
The participant’s baggage allowance is determined by the rules of the means of transportation used and, particularly for itineraries involving air travel, the relevant airline. If the baggage allowance specified in the tour program differs from the airline’s current policy, the carrier’s rules shall prevail. The participant is responsible for safeguarding their baggage and personal belongings. Flammable, explosive, dangerous or prohibited items, or items whose carriage violates the carrier’s rules, may not be taken on board. The legislation and international conventions governing the relevant carrier’s liability in the event of lost, damaged or delayed baggage are reserved.
10. PASSPORTS, VISAS AND TRAVEL DOCUMENTS
Unless expressly stated otherwise in the tour program, visa procedures are not included in the package tour price, and NİVORA TRAVEL does not guarantee or undertake that a visa will be obtained. The participant is responsible for checking the validity of their passport, visa requirements, entry/exit conditions and any other documents required for travel. Information provided by NİVORA TRAVEL about passport, visa or entry requirements is intended to assist the participant. If the participant is unable to travel due to an incomplete or invalid passport, visa or other required travel document caused by their own fault, any resulting refunds and deductions will be assessed in accordance with the relevant service providers’ terms and the legislation in force.
11. TOUR PROGRAM, VOUCHER AND INFORMATION
At the time of reservation or within the period stipulated by law, the participant will be provided with the package tour/service agreement, tour program, voucher/reservation document, transportation and accommodation details, cancellation and change terms, and payment information in paper form or via a durable medium permitted by law. If the participant finds an error in their name, date of birth, passport details, flight details, tour date or similar information in the documents sent to them, they must notify NİVORA TRAVEL without delay. Costs for changes and corrections resulting from inaccurate or incomplete information provided by the participant may be charged to the participant, provided they are actual and documentable.
12. PRE-TRAVEL INFORMATION
To the extent required under applicable legislation, NİVORA TRAVEL will inform the participant of the start and end details of the journey, meeting place and time, flight/transportation details, transfer details and contact information that may be needed during travel.
The participant is responsible for keeping track of operational information sent to them via SMS, email, WhatsApp or other durable media.
13. REPORTING COMPLAINTS AND SERVICE ISSUES
If the participant believes that any service purchased during the tour has not been provided in accordance with the agreement, they should report the matter as soon as possible to the tour guide, a NİVORA TRAVEL representative or the relevant contact point communicated to them. Where possible, it is recommended that the report be made in writing or via a durable medium. This notification is important so that the issue can be resolved during the tour or a suitable alternative service can be provided. Whether or not the participant submits a notification does not affect their consumer rights under mandatory legislation.
14. CHANGES TO SERVICES DURING THE TOUR
If, after the package tour has begun, a significant service stipulated in the agreement cannot be provided, NİVORA TRAVEL and/or the package tour organizer will, to the extent possible, arrange suitable alternatives that do not incur additional costs for the participant. If the alternative service provided is of a lower standard than the service agreed upon in the contract, any price difference will be assessed in accordance with the applicable legislation. The participant’s statutory rights to compensation and other remedies for service defects experienced during the package tour are reserved.
15. THIRD-PARTY SERVICE PROVIDERS
Services provided as part of the package tour may include those of airlines, road transport operators, hotels, local service providers and other third parties. In the event of delays, cancellations, changes or disruptions to these services, the rules of the relevant carrier/service provider and the applicable national and international legislation shall apply. This provision may not be interpreted as removing NİVORA TRAVEL’s responsibilities as package tour organizer or agent under mandatory legislation.
16. USE OF PHOTOGRAPHS AND VIDEOS
The use of photographs or video footage taken during the tour in which the participant is identifiable on NİVORA TRAVEL’s website, social media accounts or in promotional activities is subject to the legislation in force concerning the protection of personal data. Where required, the participant’s separate explicit consent/approval will be obtained for such use. Signing this package tour agreement alone does not constitute unlimited permission to use photographs and videos in cases where the legislation separately requires explicit consent.
17. PERSONAL DATA
The participant’s personal data may be processed in accordance with the applicable legislation for the purposes of completing the reservation, issuing flight/transport tickets, making accommodation reservations, handling visa procedures if requested, conducting travel operations and fulfilling obligations under the law. To the extent necessary to provide the service, information may be shared with airlines, hotels, local operators, insurance companies and relevant service providers. Detailed information about the processing of personal data is provided in NİVORA TRAVEL’s relevant KVKK information notice.
18. GENERAL PROVISIONS
The participant acknowledges that the tour program, voucher and reservation documents provided to them together with this agreement form integral parts of the agreement. A person making a reservation on behalf of more than one person must provide the other participants with the travel and reservation information. However, this provision may not be interpreted as depriving persons who have not signed the agreement of rights arising under mandatory consumer legislation.
In cases not addressed in this agreement, the applicable legislation in force shall apply, particularly Consumer Protection Law No. 6502, the Package Tour Contracts Regulation and Travel Agencies and the Association of Travel Agencies Law No. 1618. The consumer’s rights to apply to a consumer arbitration committee, consumer court and other avenues of recourse provided by law are reserved.
19. SPECIAL TOUR / MAIN PRODUCT PROVIDER TERMS
Where NİVORA TRAVEL acts as an agent in selling a product of another package tour organizer or main product provider, the product’s special operational, transportation and service terms may also be communicated to the participant in the tour program and reservation documents. These special terms form an appendix to this agreement. However, the main product provider’s terms may not be applied in a way that removes or restricts the participant’s rights under mandatory consumer legislation.
20. PARTICIPANT’S DECLARATION
The participant declares that they have received this agreement, the tour program, the payment terms, the cancellation and change terms, and the other reservation documents provided to them; have had the opportunity to review the information presented to them; that the personal and travel information they provided at the time of reservation is accurate; and that they have been informed in particular about the cancellation/termination terms, flight times, airport arrival requirements, check-in and boarding procedures, passport and visa obligations, and payment terms. Rights arising under mandatory consumer legislation are reserved.
Nivora Turizm Ve Taşımacılık Tic. Ltd. Şti. | TÜRSAB Certificate No: 18911
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Tel: 0505 398 89 98 / 0545 275 51 80 | www.nivortravel.com