Distance Sales / Service Agreement
The distance sales and service agreement governing hotel reservations and travel services sold by Universal Turizm ve Ticaret A.Ş.
- Company
- Universal Turizm ve Ticaret A.Ş.
- Address
- Teşvikiye Mahallesi, Ferah Sokak, No: 29, 34365 Şişli, İstanbul, Türkiye
- Contact
- +90 212 225 92 32 · universal@universaltravel-tr.com
- Booking channel
- booking.universaltravel.com.tr
This is a translation of the approved Turkish text for information purposes. In case of any discrepancy, the Turkish version is the binding legal version.
1- Parties to the Agreement
A service agreement is concluded between Universal Turizm ve Ticaret A.Ş. (hereinafter the AGENCY) and the person who receives the service by approving this agreement (hereinafter the CONSUMER).
2- Subject of the Agreement
The subject of this agreement is the rights and obligations of the parties in relation to the sale and performance of the hotel reservation service sold by the Agency to the Consumer, pursuant to Consumer Protection Law No. 4077 and the Regulation on the Procedures and Principles for the Implementation of Distance Contracts.
3- General Provisions
The Consumer accepts and declares, under the provisions of this agreement, that they have been informed in advance by the Agency in a clear, comprehensible manner suitable for the internet environment of the Agency's name, title, full address, telephone and other contact details, the essential characteristics of the service subject to sale, the sale price including taxes, the payment method and all other preliminary information relating to the service, as well as of the right of withdrawal and how it is exercised and of the official authorities to which complaints and objections may be submitted; that they have confirmed this preliminary information electronically and/or by telephone or e-mail; and that they have subsequently approved the reservation and the agreement.
The Consumer accepts the e-mail and SMS notifications to be made by the Agency regarding the information, documents and subsequent matters relating to the reservation made through the online system.
Consumers who do not sign the agreement but participate in the service are deemed to have accepted and undertaken the terms of this agreement upon its approval by the Consumer they have authorised on their behalf. The Agency's right of recourse against the other Consumers is reserved.
Where the service subject to the agreement is used by a person other than the Consumer, the Agency is not responsible for that person's refusal to accept performance.
If, after performance of the service, the relevant bank or financial institution fails to pay the service fee to the Agency due to unauthorised or unlawful use of the Consumer's credit card by third parties, the Consumer is obliged to compensate the resulting damages.
4- Mutual Rights and Obligations
The Agency must perform its obligation within the period undertaken and is obliged to notify the Consumer of any cancellation as soon as possible.
If the Consumer refuses performance on the ground that the purchased service is defective, they must immediately notify the Agency and the accommodation facility in writing. Otherwise the Consumer is deemed to have accepted performance and used the service. Where the accommodation facility is not made available with the stated qualities or is not in a condition to provide service, responsibility lies with the accommodation facility and the Agency bears no responsibility. In such a case the Agency is entitled to accommodate the consumer in a facility of the same standard or of a higher category. If the Consumer does not accept such a change, they are entitled to a refund of the amount paid for the reservation and may not claim any compensation from the Agency.
If force majeure prevents the performance of the agreement, the party affected shall notify the other party immediately and in writing. In the case of force majeure, if the Consumer requests cancellation, the Agency is obliged to refund to the Consumer the amount it is able to recover from the person or organisation from which it purchased or intermediated the service. The Agency cannot be held liable for the refund of amounts it cannot recover. In cases within the Agency's responsibility, the Agency may compensate changes adverse to the Consumer by way of a refund of the price or of the service pursuant to the provisions of the TÜRSAB Kütahya Schedule, or may remedy them by additional or alternative services provided to the Consumer during the service. Acceptance and use of additional or substitute services extinguishes the Consumer's rights to a refund and compensation.
In the event of early departure on the ground that the service is defective, including for reasons of force majeure, the Consumer must notify the Agency representative and the hotel at which they are staying of the reasons in writing during the performance of the service; any refund is at the initiative of the cooperating hotel / supplier. The Consumer may not raise any objection against the Agency in this respect. Any penalty applied is invoiced to the Consumer.
The Consumer must first report all dissatisfaction concerning the hotel to the hotel and must name the hotel as the opposing party in any subsequent lawsuit or complaint. No pecuniary or non-pecuniary compensation may be claimed from the Agency in this respect.
In the case of price increases relating to the early booking period and/or all periods (other than errors arising from the system), the difference is not requested from the customer additionally; likewise, no refund arises in the case of discounts described by the facility as promotions.
All responsibility for baggage and its contents rests with its owner and the Agency has no responsibility for loss, theft or damage. The Consumer is obliged to comply with the laws and customs applicable to the vehicle in which they travel and the facility in which they stay.
For Consumers who purchase travel insurance, the scope of cover for incomplete or defective performance, damage, loss and injury is determined by the policy of the insurance company providing that service. The Agency bears no responsibility for the content, scope or manner of application of such cover.
5- Cancellation, Withdrawal and Amendments
Notwithstanding that it has exercised all due care, the Agency may cancel the agreement in cases of force majeure preventing the commencement or continuation of the service, or in situations arising from service providers, the hotels of accommodation or third parties. This must be notified to the Consumer as soon as possible. In such a case the Consumer has no right to compensation. The Agency refunds to the Consumer the price of the services not used.
If the Consumer fails to notify in writing within 24 hours that they have missed the start of the purchased service and will accept performance later, the Agency is entitled to cancel all reservations made in the Consumer's name after 24 hours. No refund is made in such cancellations.
The Agency may, where it deems necessary, cancel the services it has announced or registered, in whole or in part, up to 7 days before their commencement. If the Consumer does not accept such changes and cancellations, they are entitled to cancel the reservation and receive a full refund of the amount paid within 10 days.
The Consumer accepts and undertakes to pay the Agency, as withdrawal compensation, 35% of the service price if the agreement is cancelled more than 7 days before the commencement of the service, and the full price if cancelled less than 7 days before. Date changes made by the Consumer are deemed cancellations and the prices applicable on the date of the change apply.
If it becomes impossible for the Consumer to continue with the purchased service, they may transfer the reservation to a third party by notifying the Agency in writing at least 7 days before the departure date and fulfilling all conditions applicable to the tour, hotel and similar services. In such a case, the transferor and the transferee are jointly and severally liable to the Agency for the service price and all additional costs arising from the transfer.
Where the Consumer documents, by means of an official report from a fully equipped state hospital, an illness or death of themselves or of their first-degree relatives preventing their usual occupation for 10 days, the reservation may be cancelled without deduction. In cases which cannot be documented by such a report or are documented incompletely, the Consumer may not raise any claim.
The Consumer accepts and undertakes to pay a processing fee of TRY 50 per person for each amendment transaction.
6- Right of Withdrawal
The customer has the right to withdraw within 7 (seven) days from the date this agreement becomes effective, in respect of the performance of the service subject to the agreement to themselves or to the person they designate. To exercise the right of withdrawal, written notice must be given to the Agency within this period by fax or e-mail. If this right is exercised, the originals of the invoice for the service provided to the Consumer or the third party and of the tour registration forms must be delivered to the Agency. The service price is refunded to the Consumer within 7 days following receipt of these documents. If the original invoice is not sent, VAT and any other statutory charges cannot be refunded.
The right of withdrawal may not be exercised for services purchased under campaigns or early booking offers.
7- Confidentiality
The information stated by the Consumer in this agreement and the information provided to the Agency for the purpose of making payment will not be shared with third parties by the Agency, other than where there is an administrative/legal obligation.
Credit card information is used only to obtain authorisation by being transmitted securely to the relevant banks during the collection transaction and is never stored. All credit card information is deleted from the system after authorisation.
8- Miscellaneous Provisions
In matters not covered by this agreement, the provisions of Law No. 1618, Consumer Protection Law No. 4077, the IATA, IHA and UFTAA Conventions, the Code of Obligations, the Turkish Commercial Code, the international conventions to which Türkiye is a party and the regulations, by-laws, circulars and communiqués issued thereunder, together with the provisions of the TÜRSAB Kütahya Schedule, shall apply.
The Istanbul Courts and Enforcement Offices are competent to resolve disputes arising from the application of this agreement.
Even if Consumers have been unable to sign this hotel reservation agreement for any reason, having purchased by mail order, virtual POS, bank transfer or EFT, they have learned the terms of this agreement, which shall be valid between the parties, through the catalogue, website or announcements, and have accepted and undertaken to purchase this hotel reservation agreement on the terms written herein.
Yours faithfully, Universal Turizm ve Ticaret A.Ş.
