CAUTION: Please read the following agreement after printing it in font size 12 and bold, as required by law. Furthermore, every customer who has signed and used in our website
www.tickets.com.tr and shopping there will be considered to have read and accepted all articles of the following Terms of Service without further notice.
This Agreement (Terms of Service) has been issued under the Law on Consumer Protection no. 6502 and other relevant legislation which orders that an agreement must be signed for on-line sales through the Internet, and consists of the following articles.
ARTICLE 1 – PARTIES OF THE AGREEMENT
1.1. This Term of Service (hereinafter referred to as ‘’Agreement’’) has been entered into by and between
Tickets.com.tr TİCKET BİLETLEME HİZMETLERİ TURİZM TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as ‘’Tickets.com.tr’’) on the one hand and the CUSTOMER which is taking the service and/or using and/or registering to
www.tickets.com.tr (hereinafter referred to as the “CUSTOMER”) on the other hand; whereas the parties agree the following conditions.
ARTICLE 2 – SCOPE OF THE AGREEMENT
This Agreement specifies the terms of use of the website
www.tickets.com.tr, the rules and principles governing the booking and sale of airline tickets and hotel reservations and other services through
www.tickets.com.tr between Tickets.com.tr and CUSTOMER, the regulation of the rights and obligations of the parties in accordance with the laws of the Republic of Turkish and international legislation.
ARTICLE 3 – DEFINITIONS
3.1. Website: shall mean
www.tickets.com.tr domain name and its sub-domain names, extensions, web pages, softwares and mobile applications which are owned by Tickets.com.tr.
3.2. Service: shall mean a range of actions provided to CUSTOMER by the Provider upon payment by CUSTOMER and Tickets.com.tr acts as an intermediary / agency. The “Service” / “Services” are herein a general term and apply to different types of Services (airline/flight ticket, hotel/accommodation reservation, train ticket and other services on the website).
3.3. Service User: shall mean a natural person – a final CUSTOMER on whose behalf Tickets.com.tr issues a Service. The Service User may be a CUSTOMER or a third party which the CUSTOMER has traded on its behalf. Upon CUSTOMER’s payment and issuance of the Service Document, the Service User assumes a relevant status (e.g., Passenger, Guests, Costumer and the like) from the point of view of the Provider.
3.4. Service Rules / Fare Rules: shall mean the terms of the Providers according to which the respective Service is booked, purchased, used, cancelled, changed and/or refunded and which bind CUSTOMER and Service Users to familiarize themselves with, negotiate, and abide by prior to order / booking. The Service Rules / Fare Rules are established by the Providers in accordance with their own commercial terms and respective laws and international regulations, which are applicable to such type of Services. Tickets.com.tr does not in any way participate in the drafting of the text, provisions, and type of the Fare Rules / Service Rules. Tickets.com.tr is not liable to CUSTOMER, Service User or any third party for the application of these rules.
3.5. Provider: shall mean
(i) a legal entity / sole trader that is a direct provider of Services (travel operator or Provider, including (if agreed) airline companies, railways and bus operators, vendors of hotel services, car rental service Providers, insurance companies, etc.), available in Website to the Service User with regard to the conclusion of the Agreement with CUSTOMER;
(ii) a legal person / sole trader who is an intermediary (agent etc.) between the Service User/CUSTOMER and the ultimate Provider of Services. The Parties agreed that the list of Providers is subject to change at Tickets.com.tr discretion at any time. For the purposes of these Terms, the reference to the Provider can also be sent according to any GDS (global distribution system). The Providers based on this Agreement could be: airline, railway carrier, bus operator, hotel services provider, car rental service provider, insurance company, etc.
3.6. Tickets.com.tr Service: shall mean a range of actions directly provided by the Tickets.com.tr and includes:
(i) display on the Website of information on Services;
(ii) provision of a technical capability to order/book via the Website;
(iii) provision of additional capabilities during the purchase of Services or at the stage of after-sale service (voidance/refund/change/cancellation of Booking).
The types and the prices of the Tickets.com.tr Services are negotiated by the Parties in this Agreement and also in the relevant section on Website.
3.7. My Account: shall mean a closed area of the Website, which is accessible only to CUSTOMER that have registered / logged in, and contains the subsections:
(i) “My Reservations” contains information on all the Orders/Bookings and purchasings;
(ii) “Customer details” contains name, surname and contact information of the CUSTOMER;
(iii) “Passenger details” is a mechanism intended to store and edit the Travellers’ data;
(iv) ‘’My promo codes’’ shows the amounts and dates of promo codes;
(v) ‘’My payment cards’’ is a mechanism intended to store and edit the payment cards data;
(vi) “Account Settings” is a mechanism intended to change the CUSTOMER’s personal data, including the password and subscription settings for logging into the “My Account” section.
ARTICLE 4 – INFORMING
4.1. CUSTOMER who has signed or used and purchased a Service in the Website will be considered to have read and accepted all articles of this Term of Service on its own behalf and on behalf of the other persons to whom the transactions are made.
4.2. CUSTOMER accepts, declares and undertakes that it is liable and responsible for accurately stating the information that will enable the use of the Services such as identity (name, surname, T.R. Identity Number, date of birth etc.) and passport information and contact (phone, e-mail etc.) information of the Service Users according to this Agreement.
4.3. CUSTOMER accepts, declares and undertakes that it shall be liable and responsible for informing the articles of this Agreement, the information texts and the rights and obligations of the parties to Service Users and all contractual and legal conditions regarding the use of the Service are valid for the other persons (Service Users).
4.4. Tickets.com.tr is an intermediary between the Providers and the CUSTOMER / Service User for the Services offered on the Website. The CUSTOMER accepts, declares and undertakes that Tickets.com.tr is not responsible and liable for any damages that may arise in connection with the providing of the Service, whether or not originating from the Providers.
4.5. Kiss And Fly Ticket Biletleme Hizmetleri Turizm Ticaret Limited Şirketi (A-9327 TÜRSAB registration number) serves to CUSTOMER as intermediary for all the Services provided on the Website (hotel, flight reservations, train tickets, accommodation and other services available on the website).
ARTICLE 5 – GENERAL CONDITIONS OF USE OF WEBSITE
5.1. CUSTOMER
, who uses the Website and makes reservation, orders or purchases from the Website with or without registration, declares that it read and accepted this Agreement, its annexes, the Privacy Policy and the Privacy Data Protection Informing Text without further notice. CUSTOMER shall not use the Website, if it does not approve this Agreement and its annexes.
5.2. CUSTOME
R, who confirms this Agreement and signs up to the Website or uses the Website, accepts, declares and undertakes that;
(i) CUSTOMER is older than 18 years of age and has capacity to act;
(ii) CUSTOMER uses the Website according to this Agreement;
(iii) the information provided and entered into the Website is true, accurate and complete.
5.3. REGISTRATION AND LOGIN TO THE WEBSITE: CUSTOMER may register and subscribe to Website through social networks or by filling out the registration form. When registering to Website, CUSTOMER may register to Website by entering the e-mail address (later used as login user name), name, surname, contact phone number and password or by selecting one of the social networks used. CUSTOMER may login to Website with the information when it registered.
5.4. CUSTOMER is responsible for the accuracy and updated of the information entered on Website. In particular, CUSTOMER shall be liable for any damages resulting from incorrect input of the contact information or failure to update it on time.
5.5. If CUSTOMER registers to Website, CUSTOMER agrees, declares and undertakes that;
(i) CUSTOMER is obliged to ensure the security of the login information on the Website,
(ii) all transactions made by user account information (e-mail, password) in the “My Account” section of the Website are made by the CUSTOMER oneself,
(iii) CUSTOMER shall not give to third parties the user name and password,
(iv) CUSTOMER is responsible for the security of the user name and password, Tickets.com.tr is not liable for any damages that may occur if their passwords are received by third parties,
(v) if the user account on the Website is abused and / or used by third parties, it will lose all rights arising from the registration of the Website, and any and all rights arising from the registration of the Website shall be revoked.
5.6. CUSTOMER declares and undertakes that the contact information on the Website may be used to give information about the Services and activities provided by Tickets.com.tr or to notify updates on the Website.
5.7. CUSTOMER accepts, declares and undertakes that the use of the Website shall be used solely for personal use, not for commercial purposes, and shall not sell its services to third parties.
5.8. CUSTOMER agrees, declares and undertakes that Tickets.com.tr has the right to cancel the registration of the Website without giving any notice due to the failure to fulfil its obligations under this agreement or the law or to violate the provisions of this Agreement.
5.9. CUSTOMER shall be liable for any claims, demands and / or payments made by the third parties and / or the competent authorities against Tickets.com.tr, as a result of the CUSTOMER's failure to fulfil its obligations arising from this Agreement or the law or violations of the provisions of this Agreement. Tickets.com.tr reserves the right of recourse to the CUSTOMER for all damages.
ARTICLE 6 – GENERAL CONDITIONS OF THE USE OF SERVICE
6.1. This Agreement specifies the rights and obligations of the parties with regard to sale and provision of the Services described above and to be sold by Tickets.com.tr to the CUSTOMER, under the Law on Consumer Protection no. 6502 and the Regulation on Rules and with regard to giving all preliminary informing details to the CUSTOMER and receiving a written confirmation on-line from the CUSTOMER.
6.2. CUSTOMER accepts, declares and undertakes that it gives the confirmation in electronic medium by reading and confirming this Agreement, the basic qualifications, sales price and payment method of the Service and preliminary information on the Website.
6.3. Before the sale of the Service and before the concluding of this Agreement, CUSTOMER accepts, declares and undertakes that the necessary information, the basic qualifications of the purchased Service, the price of the Services including taxes, payment and other information are informed by Tickets.com.tr to CUSTOMER as completely and accurately.
6.4. If the sale Service provided under by this Agreement is faulty, Tickets.com.tr will be only responsible for that fault. Providers are responsible for the performance of the sold Service.
6.5. If a Service provided under this Agreement is used by a person other than the CUSTOMER, Tickets.com.tr will not be responsible if the said person does not accept performance of the Service.
6.6. A Service under this Agreement may be provided only if it is approved by the CUSTOMER and its price is paid by the selected payment method. If the Service’s price is not paid or is cancelled due to any reason, the obligation to provide the Services will be relieved for Tickets.com.tr and Provider.
6.7. CUSTOMER accepts, declares and undertakes that if the relevant bank or financial institution does not pay the Service fee to Tickets.com.tr causing unauthorised use of credit or debit card, is unauthorised after the sale of the Service, Tickets.com.tr will cancel the Service and the Service will not be executed.
6.8. Reservation, purchasing, using, cancellation, changing and / or return of the Services and any other transaction is subject to the Service Rules / Fare Rules of the Providers. Service Rules / Fare Rules is connecting the CUSTOMER or the Service Users. The CUSTOMER or the Service User is obliged to comply with the Service Rules / Fare Rules. The Service Rules / Fare Rules are established by the Providers in accordance with their own commercial terms and respective laws and international regulations, which are applicable to such type of Services. Tickets.com.tr does not in any way participate in the drafting of the text, provisions, and type of the Fare Rules / Service Rules. CUSTOMER accepts, declares and undertakes that Tickets.com.tr is not liable to the CUSTOMER, the Service User or any third party for the application of these rules.
6.9. Service Rules / Fare Rules contain important limitations and information regarding the Service and additional service provided to the CUSTOMER. The CUSTOMER declares that it has read, accepted and abided by these information and limitations before the sale of Services.
6.10. CUSTOMER agrees and declares that the Provider is responsible for the preparation, submission, performance, changing or updating of the content, prices, offers and specifications of the Services, and that Tickets.com.tr has no responsibility for them.
6.11. BOOKING
If possible in Service Rules / Fare Rules, CUSTOMER may apply for booking to buy Service within the term of this Agreement. For this purpose CUSTOMER may click on “Reservations” in Website and follow the procedure described there. Depending on the nature of each service, the booking system will display the flight schedule, passenger rules, categories and specifications of transportation means, field details, fees of the carrier and service providers, a statement giving information to users, and a list of the services available. Tickets.com.tr reserves the right to change any and all of the details displayed on the booking page. If a user wants to use the then-current conditions, he/she will be recommended to complete the booking process by taking the then-necessary steps. To use the reservation system, CUSTOMER must fill all the necessary fields. For this purpose, CUSTOMER must fill the identity fields of last name, first name, date of birth, gender and nationality.
6.12. CANCEL OF BOOKING
If the CUSTOMER does not pay for the tickets until the due date shown at the time of reservation, the system will automatically cancel the reservation. In this case the CUSTOMER will not pay any charge for such cancellation. If a reservation is cancelled because of the failure to pay for it until the due date, Tickets.com.tr will not have any responsibility. In this case the CUSTOMER may not have the opportunity to make a new reservation or to buy another ticket at the same price, and Tickets.com.tr will not be responsible for the lack of such opportunity.
6.13. PURCHASING
CUSTOMER may purchase the Service by paying the price / amount stipulated for a Service offered on the Website in accordance with the terms of this Agreement. In case of Service sales, a passenger e-ticket containing the details required by the law, an e-invoice and other necessary documents will be issued and stored in electronic medium.
6.14. RETURNS, CANCELS OR CHANGES OF SERVICE
Reservation or sale of a Service cannot be transferred to another person, the name change can not be applicable. In the event that any refund, cancellation or change of the purchased Service is requested, the Service price of Tickets.com.tr received during the sale of the Service shall not be refunded. Returns, cancellations and changes are carried out according to the provisions of the Service Rules / Fare Rules. There are different refund, cancellation and change rules for each service type. In case the Service is cancelled, changed, returned, postponed or not used for any reason without Tickets.com.tr’s fault, CUSTOMER accepts and declares in advance and irrevocably that Tickets.com.tr Service Fees shall not request to refund. CUSTOMER shall not demand the refund of Tickets.com.tr Service Fee.
6.15. All transactions, that CUSTOMER will perform on the website related to the Service and the use of the Website, shall be performed in full and correctly as shown on the Website. Tickets.com.tr is not responsible for any problems or damages that may arise during the booking, change of reservation, cancellation, return and purchase transactions due to incomplete or incorrect transactions made by the CUSTOMER.
6.16. TRANSFER
A document related to Service will entitle only the person notified as the recipient of the Services to benefit from those Services. Third parties will not be entitled to benefit from the said Services or to take over this Agreement even if they are holders of such documents.
6.17. Tickets.com.tr is not in the status of content provider according to the Law numbered 5651. Any information and rules regarding the Services of the Providers on the Website have been not produced by Tickets.com.tr and Tickets.com.tr has not interfered to content of the Services.
6.18. CUSTOMER accepts, declares and undertakes that Tickets.com.tr is not liable for damages in connection disconnection, communication failure caused by internet infrastructure and telecommunication provider companies.
6.19. DISCOUNT SERVICES
If the Providers provides a discount on Service charges for certain Service Users (infants, children, the elderly, disabled, etc.), this discount will only apply if the CUSTOMER has provided the correct information. CUSTOMER agrees, declares and undertakes to send Tickets.com.tr the necessary documents regarding the passenger discounts applied by the Providers. Otherwise, the CUSTOMER will be responsible for all kinds of fines, indemnities, etc. that may come from Suppliers and / or other related institutions due to making the sale for discounted Services non-compliantly. CUSTOMER accepts, declares and undertakes that CUSTOMER will compensate the damages of Tickets.com.tr arising this case.
ARTICLE 7 – CONDITIONS OF AIRLINE TICKETS
7.1. Tickets.com.tr provides brokerage / agency services on the Website of airline / airline ticket providers presented by Providers (airline or Global Distribution Systems).
7.2. Reservation, purchase, payment, cancellation, changing and refund of airline tickets are carried out according to this Agreement, applicable legislation, IATA terms and Service Rules / Fare Rules. CUSTOMER accepts, declares and undertakes that it will comply with all these rules regarding the airline ticket service and that it will be responsible for the faults and damages that will arise in case of non-compliance.
7.2.1.Travel document (e-ticket) issuance is carried out by the Agency after its authorisation by the Carrier in Booking System. Purchaser will be duly informed about the confirmation of the Booking after the booking payment, if other terms are not set by the Service Carrier/Provider.
7.2.2. The proof of purchase of a flight ticket is an electronic ticket/itinerary receipt that is sent to the Purchaser's email address indicated when placing the Booking or provided to the Purchaser in another agreed way, upon confirmation of the Booking during 48 hours.
7.3. CUSTOMER accepts and declares that Providers (airline companies etc.) have the right of changing the Services (routes, content, flight information, tickets, fares, Service Rules / Fare Rules etc.) offered on the Website without giving any information to third parties, including Tickets.com.tr, and without prior consent from Tickets.com.tr.
7.4. Although CUSTOMER has made a reservation; Tickets.com.tr is not liable and responsible for the price increases that may occur before the purchase of the ticket and the new applications, raise or new decisions about the government tax rates or price changes that may occur due to reasons beyond Tickets.com.tr's authority. CUSTOMER is responsible for these kind of price increases.
7.5. RETURNS OR CHANGES OF TICKETS
7.5.1. If a purchased ticket is changed, Tickets.com.tr will be entitled to charge a service fee of 370 TRY (including VAT) for each new ticket per person and a service fee of 370 TRY for a returned ticket, except for babies, in addition to the charges required by the relevant airline company. Commission and payment system charges paid by CUSTOMER in addition to the costs of additional services will not be refunded.
7.5.2. However, when the amount of refund from the Provider in accordance with the tariffs used is less than 370 TRY and the payment for the ticket was made directly to the Provider, and not to the Tickets.com.tr account - the service fee is 50% (including VAT) from refundable amount to CUSTOMER.
7.5.3. Cancellation (void) of a flight ticket shall be carried out only after CUSTOMER has confirmed in the "My Account" section the terms and conditions of cancellation/refund/calculated refundable amounts when cancelling the flight ticket. CUSTOMER shall timely confirm the terms of cancellation on the Website, and in case of delay, shall incur all related damages itself.
7.5.4. Please note that some flight tickets are non-refundable and cancellation (void) procedure is no applicable due to the terms of Fare Rules and internal policies of the Provider.
7.5.5. Cancellation (void) of a flight ticket within the day of its ticketing, shall be calculated by Tickets.com.tr taking into account the Provider’s Service fees and application of Tickets.com.tr Service Fee and for processing the request. Generally, the Provider’s penalties in this case shall no apply. Tickets.com.tr Service Fee will be communicated to the CUSTOMER during the confirmation of the refundable amount. Upon CUSTOMER’s confirmation of the calculated refundable amount, Tickets.com.tr shall forward the cancellation request for approval to the Provider.
Additional conditions of ticket cancellation may be reported to the Customer in the “My Account” section directly during creating a request for a refund/exchange/change of a ticket.
7.5.6. Provider shall finally determine the refundable amount and its penalties, if any. Please note that the Provider is entitled to refuse making a refund of the flight ticket without application of its penalties. In this case, you can apply for cancellation of the flight ticket in accordance with the Fare Rules.
7.5.7. The Providers independently determine the final refundable amount and the time period for processing cancellation requests. Tickets.com.tr only submits the relevant inquiries to the Provider and cannot influence them or be liable to the CUSTOMER in case of delay in request consideration by the Provider or the calculation and actual refundable amount (including lesser amount) which was calculated by Tickets.com.tr and confirmed by the CUSTOMER.
7.5.8. Additionally, Tickets.com.tr may render a Service of error correction in certain passport details, previously entered by the passenger, if possible and allowed by the Provider. Such correction may be applied to passport serial number, its expiry date (if any), and Passenger's nationality, except Passenger's first and last names. For the rendering of the mentioned passport details, Tickets.com.tr charges each Passenger a Service Fee of 90 TRY, incl. VAT.
7.6. PASSPORT, VISAS, HEALTH
7.6.1. CUSTOMER is responsible for ensuring its passports, visas and transit visas to be valid, to have been obtained on time and the passport to remain valid for six months and ensuring all protective measures and vaccinations (including malaria) needed for the destination to be taken and received.
7.6.2. TRANSIT VISA : Transit visa is a type of temporary visa required by the country to be transferred on international flights. CUSTOMER is responsible to check whether the country, which CUSTOMER will transfer, requires a transit visa.
7.6.3. CUSTOMER is recommended to check the relevant requirements with Tickets.com.tr before starting to travel. Tickets.com.tr will do its best to assist CUSTOMER, but such assistance is at the KISS AND FLT discretion, so that CUSTOMER agrees that Tickets.com.tr is not obliged to provide such assistance. CUSTOMER agrees to hold Tickets.com.tr harmless against all kinds of outcomes of CUSTOMER’s failure to follow these conditions. CUSTOMER will be responsible for preparing for hazards which might arise from the nature of the travel for which arrangements are made and for the physical and intellectual conditions of such hazards.
7.7. The peculiarities of ordering tickets provided by low-cost carriers (budget airlines).
During purchase of tickets for low cost flights provided by the carrier (Provider), the following terms of the contract shall be kept to:
- The funds on CUSTOMER’s payment card may be directly drawn by the Provider. During the processing of a transaction, the Providers may apply additional fees and charges. Thus, the amount due, which is displayed on the Website, may differ from the amount charged to CUSTOMER’s payment card. Such change of price with additional fees and charges will not be considered a violation on the CUSTOMER part.
- When creating a reservation, COSTUMER agree that you were informed of the flight ticket pricing and payment terms and unconditionally accept the specified terms. COSTUMER accept and agree that Tickets.com.tr may not be liable for additional fees and charges, which are applied by the Provider, because it provides the Provider’s pricing policy information to the CUSTOMER but does not participate in the pricing itself from the moment of its provision to the charging of CUSTOMER’s account as well as when funds are credited to CUSTOMER’s account during ticket refund.
- The payment shall be made only by means of the bank cards Visa and MasterCard.
- Reservation number certified by the airline, shall confirm the possibility of a flight while e-ticket number is not assigned.
- The change of the route or the name of Passenger shall not be possible. A paid ticket shall not be refundable.
- Provider shall the right to apply special conditions concerning the rules of luggage transportation and check-in.
- The Fare Rules shall be available on the payment page when making the order.
7.8. SOME IMPORTANT INFORMATION ON AIRCRAFT TICKETS
- Each airline has special Service Rules / Fare Rules, excluding the general rules applied by the airlines.
- For airline flights, return, change, cancellation conditions are subject to the Service Rules / Fare Rules. Some airline tickets are not eligible for cancellation, change or refund.
- Some airline companies may cancel the return ticket, if the first flight is not used for the round-trip airline tickets. In this case and in accordance with the Service Rules / Fare Rules; CUSTOMER must contact the airline or the customer support service directly to obtain a return ticket.
- For the flight changing requests; some airlines may only allow to select the flights of the purchased airline.
- Time of arrival at the airport before the proposed flight; 120 minutes before departure for international flights and 90 minutes before departure for domestic flights.. Some airlines may require confirmation of their return flight 72 hours in advance.
- A reservation made in airline tickets cannot be transferred to another person, name and surname change cannot be made.
- Children between the ages of 2-7 can travel with an adult over the age of 18.
- All passengers are required to present a photographic identification document (ID card, driver's license, passport etc.).
- The passenger must be at the correct airport and at the appropriate time (considering domestic and international flights), for ticket and baggage control, check-in and transfer operations.
- In the sale of airline tickets, the right of withdrawal is not applied according to law.
- Flight information, ticket number and ticket details must be checked after the purchase of the airline ticket.
- Airlines may charge baggage, airport check-in, preferred seat selection, in-flight entertainment & communication systems, wheelchair service, food, drinks and snacks. Such additional services may not be included in the flight ticket, in which case additional fees must be paid directly to the airline. Tickets.com.tr is not responsible for any additional costs.
- Information on airline tickets is not limited with these. More information should be obtained by the Passenger from the relevant airline's website and / or the Service Rules / Fare Rules.
ARTICLE 8 – CONDITIONS OF HOTEL / ACCOMMODATİON SERVICE
8.1. This Article of the Agreement stipulates the conditions of the Hotel / Accommodation Service.
8.2. Tickets.com.tr provides the CUSTOMER with the possibility to book the Hotel Service. Tickets.com.tr is an intermediary between CUSTOMER and the Provider (Hotel, Hostel, Rest Stop etc.) that provides accommodation services and acts as an intermediary / agency on the website of the hotel / accommodation service. The rules for Hotel Services are determined with the Service Rules agreed by Providers.
8.3. Hotel Reservations are sold separately from Airline tickets. Tickets.com.tr does not sell package tours in any way.
8.4. Tickets.com.tr publishes hotel / accommodation information obtained through Providers. Hotel / Accommodation reservation, purchase, payment, cancellation, change and refund are carried out in accordance with this Agreement, applicable legislation and Service Rules of Providers. CUSTOMER accepts, declares and undertakes that CUSTOMER will comply with all these rules regarding the Hotel Service and that CUSTOMER will be responsible for the faults and damages that will arise in case of non-compliance.
8.5. CUSTOMER accepts and declares that Providers (Hotel, Hostel, Rest Stop etc.) have the right of changing the Services offered on the website without giving any information to third parties, including Tickets.com.tr, and without prior consent from Tickets.com.tr.
8.6. Although CUSTOMER has made a reservation, Tickets.com.tr is not liable and responsible for the price increases that may occur before the purchase of the ticket and the new applications, raise or new decisions about the government tax rates or price changes that may occur due to reasons beyond Tickets.com.tr's authority. CUSTOMER is responsible for these kind of price increases.
8.7. CUSTOMER accepts and declares that the accuracy and updated of the hotel information, reservation status, room prices and other information related to the service are provided by the Providers and that Tickets.com.tr does not guarantee or undertake the accuracy and actuality of such information.
8
.8. Service Rules related hotel / accommodation bookings, payments, prices and other transactions are determined by Providers. These rules are concluded between Provider and CUSTOMER.
8.9. PAYMENT METHOD:
The prices, payment methods, payment times for hotel services is determined exclusively by the Providers.
CUSTOMER may be offered one or several Payment methods (at your choice) of the Hotel Service from the following:
a) Payment directly at the hotel (other accommodation facility). Payment for Hotel Services is made directly by the CUSTOMER in the hotel (other accommodation facility);
b) Prepayment. This method of payment provides that the full price of the ordered Hotel Services are charged to CUSTOMER’s payment card during order creation. When making a prepayment, it may be necessary for the Provider to confirm the reservation. In the event of Provider confirmation of the creation of the Reservation, the funds on the CUSTOMER’s payment card will be blocked for 14 (fourteen) hours, and upon receipt of such confirmation from the Provider, will be debited on the CUSTOMER’s payment card. In the event that the Provider does not confirm the fact of creating the reservation, the funds on the CUSTOMER’s payment card will be unlocked, which the CUSTOMER will be informed by Tickets.com.tr by sending the relevant email to the personalized email address specified by CUSTOMER during order creation.
8.10. CONSUMER’s payment card may be preauthorised to provide the reservation, first namely the price of the Hotel Service, depending on the Service Rules of the Provider, may be blocked at the time of payment for the order on the website.
8.11. The actual amount of taxes and fees depends on the Provider’s internal rules and location. Taxes and fees are not always included in the reservation price. Information on taxes and fees is specified in the Hotel voucher.
8.12. CUSTOMER creates an order for the purchase of the selected Hotel Services at the price specified on the Website.
8.13. If the funds for Hotel Services are debited from payment card directly to the Provider’s bank account and if there is discrepancy between hotel service reservation currency and payment card currency, a currency conversion is possible, which will be carried out by the card issuing bank at the rate of the day, whereon the funds were debited for the Hotel Service, without any involvement on the part of the Tickets.com.tr / Provider. The debiting will be carried out by Provider at the end of its reporting period.
8.14. CANCELLATION, CHANGES, NO-SHOW
8.14.1. To cancel a reservation, CUSTOMER needs to use the corresponding technology on the website in the Section "My account."
8.14.2. A fee, penalty, and the like, for cancellation / modification of the Reservation / no-show may be withheld from the CUSTOMER (collected), which is determined by the terms of the provision of a particular Hotel Service and the Provider’s Service Rules.
8.14.3. In the event of cancellation of a booking with a prepayment, the following conditions for the return of funds, which, in each separate case, are established exclusively by the Provider, are possible:
a) free cancellation: the full price of the Hotel Service is returned to the payment card to which the booking was paid;
b) cancellation penalty and the like: the price of the Hotel Service is refunded, except the penalty for its cancellation;
c) the price is not refundable: the Provider retains the full amount of the booking.
8.14.4. The possibility of applying changes to the Reservation depends solely on the Provider’s Service Rules. The request for applying changes to the Reservation is made by contacting the CUSTOMER in the Customer Support Service.
8.14.5. Provider's rules may include a penalty and the like for no-show paid to the Provider. In the event of prepayment or payment card pre-authorisation, the CUSTOMER will be refunded (unblocked the price of the reservation) minus the penalty and the like for no-show.
8.14.6. Processing of the request for a refund and immediate return of funds to the CUSTOMER, as well as the possibility of applying changes to the reservation are exclusively within the competence of Provider and are conducted according to the rules and within the terms set by the latter. Tickets.com.tr shall not be liable to the CUSTOMER for any delays or errors, as it is not a party to these transactions, including, but not limited to, delays or errors as a result of payment transactions, and cannot have an impact on them.
8.14.7. Tickets.com.tr shall not be liable for the consequences caused by late arrival of CUSTOMER and / or withholding (collecting) by the Provider the funds for cancellation of the reservation or no-show.
8.14.8. In the event that CUSTOMER is late for the set time of arrival or arrives only on the next day, CUSTOMER agrees to notify the Customer Support Service or directly the Provider in the time.
8.15. SOME IMPORTANT INFORMATION ON HOTEL SERVICES
- The rules, policies, concepts, stars, service standards, cancellation / refund / change policies, no show rules, advantages provided to customers, child guest and pet policies, other additional services and these prices may differ from stated on website.
- Pension (Bed & Breakfast, Half Board, Full Board, All Inclusive, etc.) features, hotel classes, hotel concepts, room sizes, room views, additional service charges, number of stars may vary by country, region and location. Please note that some hotel's common areas (such as the pool, sauna, restaurant etc.) can be repairing, renewing or off-season without prior notification.
- CUSTOMER / Service Users must comply to the laws and visa rules of the country of accommodation, as well as the general rules of the hotel, entrance and check out times, booking policies, cancellation / refund / exchange policies and additional pricing rules.
- CUSTOMER / Service Users agrees that will pay for the extra food and beverage, personal expenses and all the goods and services other than the defined service outside the scope of the Hotel Service purchased.
- Children's age is based on the age of arrival. If they differ in age from the time of booking, Provider will charge the difference.
- CUSTOMER accepts that the price of the extra food and beverage, personal expenses and all the goods and services other than defined service will be paid by the CUSTOMER.
- Information on Hotel Service is not limited with these. More information should be obtained by CUSTOMER from the relevant Provider’s website, the Service Rules and / or by contacting directly with Provider.
ARTICLE 9 – PAYMENT
9.1. GENERAL PAYMENT CONDITIONS
If it is found out after entering the details of a credit card presented for purchasing transactions hereunder that the card in question is used for fraudulent purposes, Tickets.com.tr will be entitled to refuse to provide the services and/or or ask the credit card holder to present additional information and/or documents confirming that he is the real owner thereof. Anti-fraud Policy and Anti-fraud Payment Verification, Payment Security Standards and Policies are an integral part of this Agreement and are regulated and available in this link.
9.2. PAYMENT METHOD
In paying through a credit card, the CUSTOMER must state the full name of the cardholder, and the number, expiry date and CVV code of the credit card.
9.3. REFUNDS
If it is necessary to refund an amount, Tickets.com.tr may ask the CUSTOMER to present additional information and documents proving that it is the owner of the rights to that amount. Refunds will be made in accordance with the applicable laws of Turkey and with the payment conditions specified by Tickets.com.tr and the airline companies. Application procedure and technical procedure for refunds are subject to the rules and special conditions governing refunds of each service. Tickets.com.tr may ask the CUSTOMER to present originals or scanned copies of certain documents including identity card, statement, references about its past, a certificate confirming the reason of return, other documents, and in case of contradicting financial matters, a bank statement.
9.4. BANK COMISSION / EXCHANGE RATE
In the case that the payment of services offered on the website made directly from to the Provider’s bank account and / or if there is unconformity between the currency of the service and the payment card bank currency, the payment card bank without the participation of Tickets.com.tr or Providers; it is possible to change the exchange rate at the rate on the trading day. Payment will be charged at the end of the Providers’ reporting process. In such a case, the payment card bank may apply a different amount under the name exchange rate / commission on the payment of the CUSTOMER. This exchange rate / commission applied by the payment card bank is between the CUSTOMER's bank and the CUSTOMER, and Tickets.com.tr is not responsible for these exchange differences / commissions.
9.5. While purchasing the Service on Website, CUSTOMER may be offered an option of paying to Tickets.com.tr or directly to the airline. This offer is not available for all flights and depends on the airline. The main differences between the payment on the website and to the airline are the terms of write-offs, as well as the terms of refund in case of the order cancellation. If you pay to Tickets.com.tr, CUSTOMER may select a debit currency (depending on the bank card). The money will be debited from the payment card on the day of purchase. While paying to the airline, the debit currency may not correspond to the one indicated on the website, and the funds will be written off from the card within 30 days. Thus, the final cost of the tickets may be higher because of the difference in exchange rate. If CUSTOMER decide to cancel the order, the period of refund when paying to Tickets.com.tr will be up to 10 working days from the moment of processing the application. When choosing payment to the airline — up to 60 days. A detailed description of the differences between the payment to Tickets.com.tr and to the airline can be found on payment page, by clicking on "What's the difference?".
9.6. 3-D Secure Notification
When it is deemed necessary when paying by credit and debit cards and supported by the card bank, 3D Secure verification can be requested or transactions can be made without requesting 3D Secure verification depending on the card bank or airline. In the transactions where 3D Secure verification is required, the 3D Secure password must be entered in the window of the bank to be opened after entering the card information. If you have any problems with 3D Secure, you should contact your bank. Whether 3D Secure is requested depends on the cardholder, card bank or airline company and Tickets.com.tr is not an authorised and responsible party for 3D Secure request.
9.7. In case of payment for flight tickets directly to Tickets.com.tr, a refund shall be carried out within 5-10 business days after receiving the refund from the Provider (the Carrier, the airline etc.) by Tickets.com.tr. Tickets.com.tr has no influence on the timely refund by the Provider. In case the payment was made directly to the Provider, a refund is usually carried out within 10-60 business days, while Tickets.com.tr has no influence on the timely refund by the Provider. The timing of refund shall be calculated from the date of confirmation by the CONSUMER of the refundable amounts in the "My Account" section.
ARTICLE 10 – USING PROMO CODE
10.1. CUSTOMER is entitled to use the benefits offered under the using promo code program if such program is available on the Website. The rules, terms, and conditions of the Promo Code Policy are integral part of these Terms.
ARTICLE 11 – OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
11.1. CUSTOMER is over age and has competency of right and act. All information given by the CUSTOMER is correct and complete. CUSTOMER is authorised to ask for booking and to purchase in its name or for other people it represents under a power of attorney or as a guardian.
11.2. CUSTOMER represents and guarantees that the information it gave through are true, correct and complete. Tickets.com.tr is not obliged to check whether any information given by CUSTOMER is true and complete.
11.3. Tickets.com.tr will keep confidential all personal information given by the CUSTOMER, subject to adherence to legal restrictions or court orders.
11.4. For the airline tickets; all arrangements for scheduled flights or charter flights will be made in accordance with the international rules (i.e. Warsaw Convention dated 12 October 192 as amended on 28 September 1955). Times of such flights may be changed, departure times are not guaranteed, the Provider may change or cancel any stopover points shown on the ticket, and flight connections are not guaranteed. Tickets.com.tr will notify such changes 48 hours in advance to CUSTOMER. If the CUSTOMER does not accept such change, the cancellation conditions will be applied.
11.5. If CUSTOMER does not accept performance of a service on the grounds that the service in question was faulty, it must give a written notice to Tickets.com.tr. Otherwise CUSTOMER will not be entitled to refuse the performance and be considered to have used the service. CUSTOMER must give such written notice describing its complaints as expected from a CUSTOMER acting in good faith. Matters not specified in this Agreement will be subject to the Law no. 1618, Law on Consumer Protection no. 6502, the IATA, IHA and UFTAA conventions, Turkish Commercial Law, Civil Aviation Law, Liabilities Law, international agreements to which Turkey is a signatory, regulations, decrees and circulars issued under such international agreements, and the Kütahya Table issued to implement the internationally accepted Frankfurter Tabelle in Turkey.
11.6. CUSTOMER agrees to follow the requirements of Tickets.com.tr and other parties as to its own behaviour and not to disturb the other passengers in any aircraft.
11.7. Tickets.com.tr have the right of contacting to CUSTOMER with the aim of communicate, marketing and other purposes by letter, e-mail, SMS, phone calling and and other lines via mail address, e-mail address, land phone and mobile number and other communication information which has stated and updated by the CUSTOMER on the www.tickets.com.tr sing-up form. CUSTOMER agrees and states that Tickets.com.tr can use above mentioned communication activities by accepting this agreement.
ARTICLE 12 – FORCE MAJEURE
12.1. Tickets.com.tr will not be liable for losses caused by a force majeure. If such force majeure as war, natural disaster, epidemic disease or general strike occurs, or additional items are added to the travel and flight schedules due to such force majeure as a change to the flight schedule, any delays, bad weather elements, strike, or any other event lying beyond Tickets.com.tr’s control or the airline company’s control, such additional items (accommodation at a hotel, etc.) will be at CUSTOMER’s account. Best efforts will be made to preserve the present state of the flight schedule, but airline companies and/or Tickets.com.tr reserves the right to change the same to facilitate CUSTOMER. For example, weather elements may require the airline company to change its flight schedule, but such change will not entitle CUSTOMER to refund its ticket. CUSTOMER is responsible for checking all kinds of changes to the flight schedule.
ARTICLE 13 – PRIVACY POLICY AND PROTECTION OF PERSONAL DATA
13.1. Privacy Policy and Informing Text on Personal Data Protection, is an integral part of this Agreement and is contained in this link.CUSTOMER, who uses the Website, registers on the Website and purchases services from the Website in accordance with the provisions of this Agreement, declares that it has read, accepted and acted in accordance with Privacy Policy and Informing Text of Personal Data Protection.
13.2. Each party is responsible for the protection of personal data as set out in the Privacy Policy, the General Data Protection Regulation (GDPR) of 2016/679 of 27/04/2016 and the Law on the Protection of Personal Data No. 6698 of 24/03/2016 and other laws is obliged to comply with the rules in force.
13.3. Tickets.com.tr acts duly to collect, use, process, store and transfer personal data in accordance with applicable laws in Republic of Turkey and this Agreement, informs the CUSTOMER obtains the necessary permissions from the CUSTOMER with Privacy Policy and Informing Text on Personal Data Protection.
ARTICLE 14 – INTELLECTUAL PROPERTY RIGHTS
14.1. “Intellectual Property Rights,” shall mean all the present and the future intellectual property rights, including, but not limited to,
(i) all elements of the Website, including, but not limited to, design, text, image, html code, and other codes, all the patents for inventions, useful models, industrial designs, applications for inventions, useful models, industrial designs; trade marks (registered or non-registered), applications for a trade mark registration, commercial name, service marks; copyright (registered or non-registered), copyright applications; trade secrets, confidential information, know-how, processes, technologies, development instruments, ideas, concepts, database rights, methodologies, algorithms, domain names, source code, object code, software (in object and source code), drafting of software and architecture, testing procedures, design and functional specifications, technologies and solutions, URL addresses, CTN System, Content, personal non-property rights to the above-listed objects of intellectual property;
(ii) any rights to use or exploit any of the above-listed; and
(iii) any other property or non-property rights, or non-material assets with any methods of protection in any territory or under any jurisdiction of the world.
14.2. The Parties confirm and understand that the content displayed in Website may contain Tickets.com.tr’s IP, as well as third parties’ (Providers’) IPs hereunder; the recipient Party does not obtain any rights, titles or share in, or for, the intellectual property rights of the disclosing party, or third parties, except the amount and contents of the usage rights, which is limited by the necessary ones for the fulfilment of these terms. The disclosing party confirms that it has all the respective rights to assign the intellectual property rights hereunder. Neither Party shall take any actions to register and will in any way interfere with the other Party’s IP.
14.3. The exclusive IP rights to Website belong to the Tickets.com.tr or its partners or respective licensees. In accordance to these terms, Tickets.com.tr or its partners do not give CUSTOMER any rights (or shares in rights) to the Website (including its subsequent changes and updates, modifications and upgrades) in full or in part. The MÜŞTERİ may not develop, design, or configure the Website and new tools and modules. The Parties agreed that all the Intellectual Property Rights, including but not limited to, produce, inventions and industrial designs, created and developed by Tickets.com.tr during the effective period of these terms, are Intellectual Property of Tickets.com.tr or its partners exclusively. Tickets.com.tr reserves all and any rights not expressly given to CUSTOMER hereunder.
14.4. CUSTOMER may not (as well as may not allow anybody to) copy, adapt, reproduce, decompile, decompose, change, modify, derive products from, translate from one programming language into another, or correct any mistakes in the Website and its content, fully or partially, including the object code of the program or databases thereof. CUSTOMER may not take any actions for or allow any occurrence to happen, which could create a lien or liability for the Website or take any actions in order to register or otherwise interfere if they became aware of such violation.
14.5. CUSTOMER may not display, store or use, in any form or in any way known at the moment of conclusion of this Agreement and such as will be known and / or possible after the conclusion of this Agreement, the following: Content, trade marks (both registered and unregistered), elements, design, fonts, logos or Tickets.com.tr’s branding, affiliates of theSe Tickets.com.tr or any other third party (Provider), unique texts from Website or its content, as well as the version with misspellings or substantially similar or confusingly similar in any manner whatsoever and in any language (including without limitation, in any meta tags, meta titles, and meta descriptions), search engine marketing or optimization (SEO, SMM), in contextual advertising, in any domain name, subdomain or subfolder, in any other online/offline marketing or advertising, press releases, etc.) without first obtaining Tickets.com.tr’s or respective third party's prior written approval.
14.6. CUSTOMER may not use any content or data published on the Website retrieved directly by way of copying or automatic analysis from the screen or received via third parties (screen scraping, content scraping) if such usage right is not expressly negotiated with the Tickets.com.tr.
14.7. An Electronic ticket / itinerary receipt, ticket, electronic voucher, Form, Ticket or other electronic digital document which confirms the booking, and this Agreement may be used only to receive Services / Tickets.com.tr Services and printed out on paper and copied only for this purpose.
ARTICLE 15 – ENTIRE AGREEMENT AND AMENDMENTS
15.1. This Agreement, its annexes, Privacy Policy, Informing Text on Personal Data Protection , IATA Terms, Service Rules / Fare Rules and all issued policies and terms related this Agreement are all complete and available on the Website.
15.2. Tickets.com.tr has to right to amend, change, add, renew or stop broadcasting this Agreement, its annexes, any content relating to the use of the Website and the purchase of Services, any services, text, information, system, image and content contained on the website and its extensions without prior notice. Such changes shall take effect immediately upon posting on the Website and shall remain in effect as is and shall continue to have effect and bear consequence. CUSTOMER accepts these changes by using or entering Website. CUSTOMER is responsible for following and controlling the changes itself.
ARTICLE 16 - COMMUNICATION
16.1. CUSTOMER declares and accepts that the information provided by the Website during the using or registration of the website or the sale of the service is correct; the information and warnings made through this contact information are given by CUSTOMER and that they can be used as evidence; electronic communication means may be used during the distribution of electronic notices (e-mail, SMS) regarding the use of the Website and the sale of Services and the creation of a reservation under this Agreement.
16.2. Tickets.com.tr is not responsible and liable for the CUSTOMER having problems in receiving notifications (notifications including, but not limited, information about the service, changes in departure and landing times, flight cancellations, etc.) about Service because of an incorrect or misspelled e-mail address, an incorrectly reported phone number, or a failure to check e-mail settings (such as spam filters).
16.3. If possible on the Website, CUSTOMER shall make the changes in the e-mail address and telephone number and correct the errors in the ’’My Account’’ section. Also if possible, the change may be made by the Customer Support Service upon the request and the authentication of the CUSTOMER.
ARTICLE 17 – CANCELLATION OF AGREEMENT
17.1. This Agreement is concluded between the parties indefinitely. Tickets.com.tr reserves the right to terminate the agreement at any time without prior notice. In the event of violation of this Agreement, its annexes, Privacy Policy, Informing Text on Personal Data Protection, IATA terms, Service Rules / Fare Rules and any policy and terms of Tickets.com.tr by CUSTOMER and also following cases, Tickets.com.tr may terminate the Agreement unilaterally;
a) If CUSTOMER disrupts the operation of the Website and / or violates the terms of use in any way,
b) In the event of violations of privacy policy, anti-fraud policy, intellectual property rights provisions,
c) If CUSTOMER acts or has possibility to act in violation of the rights of other CUSTOMERS and / or third parties and / or right holders.
17.2. CUSTOMER shall be liable for any damages incurred by Tickets.com.tr due to termination. Tickets.com.tr reserves the right to sue, execution proceeding and other legal actions against the CUSTOMER for damages incurred.
ARTICLE 18 – DISPUTES
18.1. GOVERNING LAW AND JURISDICTION
Disputes arising in connection with this Agreement will be governed by the laws of Turkey and the Turkish courts. The parties agree to submit to jurisdiction of the courts and bailiff’s offices in Istanbul.
ARTICLE 19 – EFFECT
This Agreement will be put in effect after it has been read and signed by the parties. CUSTOMER will be considered to have accepted all the conditions specified in this Agreement when it has placed an order online through the website. Tickets.com.tr is obliged to implement software arrangements that will ensure to receive confirmation from CUSTOMER that it has read and accepted the content of the website before performing a transaction.
ARTICLE 20 – INFORMATION OF Tickets.com.tr AND CONTACT
COMPANY’S NAME: KİSS AND FLY TİCKET BİLETLEME HİZMETLERİ TURİZM TİCARET LİMİTED ŞİRKETİ
MERSİS NUMBER: 0563064188100013
TÜRSAB CERTIFICATE NUMBER: A-9327
ADDRESS: Chobancheshme District, Sanayi Street, Nish Istanbul N.44, D Block, 10 Floor, Office No. 119, Bahchelievler, Istanbul
Information on licenses and certificates is available at the following link.
Tel: +90 212 9122324
(for twenty-four hours seven days a week in English)
(according to operators’ tariffs)
E-mail:
[email protected]
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