DISTANCE OR MUTUAL SERVICE SALES AGREEMENT
ARTICLE 1 – SUBJECT
The subject of this agreement is the sale and execution of the service sold by the SELLER (Agent) to the BUYER electronically on the website www.goxxho.com or at their offices, with the name of the facility, accommodation date, and sales price specified on the page, and the rights and obligations of the parties according to the provisions of the Consumer Protection Law No. 4077 - Regulation on Distance Sales Contracts.
ARTICLE 2 - PARTIES TO THE AGREEMENT
This agreement is made between www.goxxho.com, located at Dikilitaş, Ayazmaderesi Cad. Vadi Fulya Plaza No: 6 / 2 D: 10 34349 Beşiktaş - Istanbul, and the consumer(s) whose name, surname, phone number, and address are specified in the tour registration form sent/provided to the consumer by the system after the reservation process.
ARTICLE 3 – INFORMATION ON THE SERVICE SUBJECT TO THE CONTRACT:
3-1- PAYMENTS
For sales made over the internet or in person, the reservation is confirmed only when the full reservation amount is paid at the time of the transaction. If the specified payments are not made within the mentioned periods, the registration will be canceled and the reservation will not be realized.
3-2- PRICE CHANGES
www.goxxho.com cannot change the price of the sold tour for any reason. However, this provision does not apply to price changes due to charges, taxes, and fees such as port and airport landing taxes, and exchange rate changes. www.goxxho.com must immediately notify the consumer of any such price increase before the package tour departure date. In this case, the consumer has the right to withdraw from the contract without paying any compensation or accept the changes and the effect on the price with a clearly stated additional contract. If the consumer withdraws from the contract, www.goxxho.com may offer a substitute package if possible, or the consumer may use the right to withdraw from the contract and receive a full refund (excluding plane-ship cancellation and visa-insurance fees) within 10 days.
3-3 CANCELLATION – CHANGES
If the BUYER does not notify in writing that they missed the start of the service and will accept it later, the SELLER has the right to cancel all reservations made on behalf of the BUYER after 24 hours. No refund will be made to the BUYER for such cancellations. The SELLER may partially or completely cancel the services announced or registered for up to 7 days before the start. If the BUYER does not accept these changes and cancellations, they have the right to cancel their reservation and receive a full refund within 10 days. If the BUYER cancels up to 15 days before the service date despite not using the right of withdrawal from the start date of the trip, the full service fee will be refunded. At this point, the cancellation conditions of the airline and shipping companies within the service will apply. If the BUYER cancels the reservation for any reason 15-8 days before the start of the service, they agree and undertake to pay 35% of the trip cost to the SELLER, and if they cancel within 7 days, the entire cost.
3-4- TRANSFER OF THE AGREEMENT
If it is not possible for the consumer to continue with the package tour, they may transfer their reservation to a third party who meets all the conditions of the package tour by notifying www.goxxho.com at least 7 days before the departure date. Both the consumer transferring the package tour and the person receiving it are jointly liable to www.goxxho.com for the remaining balance and all additional costs arising from this transfer. Particularly in the case of transferred tours for international travel, visa fees for consumers who have already completed their visa process will not be refunded. The visa responsibilities for consumers who receive the transferred package tour are their own.
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER declares that they have read and accepted all the preliminary information regarding the characteristics, sales price, and payment method of the service subject to the contract, and all the information about the execution, specified in Article 3, and has confirmed this electronically.
4.2- The SELLER is responsible for the service subject to the contract being defective.
4.3- If the service subject to the contract is to be used by another person other than the BUYER, the SELLER is not responsible if the person does not accept the execution.
4.4- For the execution of the service subject to the contract, this agreement must be signed and delivered to the SELLER and the price must be paid by the preferred payment method. If for any reason the price of the product-service is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to perform the service.
4.5- After the execution of the service, if the credit card belonging to the BUYER is unlawfully or illegally used by unauthorized persons in a way that is not the BUYER's fault, and the related bank or financial institution does not pay the service fee to the SELLER, the BUYER is responsible for the damages.
4.6- The SELLER undertakes not to share the BUYER's credit card and registration information with third parties.
4.7- This agreement becomes valid after it is signed by the BUYER and delivered to the SELLER.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw within (7) days from the date of validity of this agreement for the execution of the service to the BUYER or the person they have indicated. However, they can use this right at least fifteen (15) days before the start date of the service they have received. The right of withdrawal must be notified in writing to the SELLER via fax or e-mail within this period and the service must not have been used under the provisions of Article 6. In case of exercising this right, the invoice of the service offered to the third party or the BUYER must be returned to the SELLER. Within 7 days following the receipt of these documents, the service fee will be refunded to the BUYER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The cancellation conditions of the airline and shipping companies providing the service apply.
ARTICLE 6- SERVICES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED:
The right of withdrawal cannot be used for services purchased with promotion, campaign, and early reservation opportunities.
ARTICLE 7- GENERAL PROVISIONS
7.1- In cases where the BUYER receives transportation service, they are entitled to 2 suitcases not exceeding the dimensions of 50cm x 70 cm, and for air travel, the right to carry 15 kg of luggage. The responsibility for the suitcases and their contents belongs to the BUYER. In case of loss or damage to the luggage due to the SELLER's gross negligence, if the BUYER arranges a damage or loss report, the SELLER will pay ½ of the part of the total tour cost corresponding to transportation as compensation for the material and moral value of the lost item and suitcase, regardless of the value and other characteristics of the items inside. The consumer should insure valuable items carried in their luggage with a private insurance company. 7.2- Possible tour cancellation notifications by the SELLER can be made to each BUYER individually or announced on the website. The buyer accepts this in advance. 7.3- The provisions of this agreement made at the time of registration are considered to have been read and accepted by the BUYER, and the registration of other individuals receiving the same service is also deemed to have been requested and accepted under the same conditions. 7.4- The SELLER acts as a service provider for the BUYERS who purchased the service, with accommodation facilities, carrier companies, and all other third-party and legal entities providing services related to the tour. Therefore, the SELLER is not responsible for the material and moral damages caused by non-compliance with the agreements made between the SELLER and the transportation institutions, delays of land, air, and sea vehicles, malfunctions, weather conditions like fog, storms, road obstructions, changes in routes, strikes, epidemics, terror, war, or the possibility of war, or unforeseen technical defects, or other similar force majeure events. 7.5- If the BUYER refuses to accept the execution on the grounds that the service they purchased is defective, they must notify the SELLER and the accommodation facility in writing. Otherwise, the BUYER is deemed to have accepted the execution and used the service. The BUYER's duty of care as a well-intentioned consumer is to notify the authorized person in writing of their complaints during the execution of the service. 7.6- VISA PROCEDURES and OTHER EXTRA SERVICES are not included in the purchased service. 7.7- Matters not written in this agreement are governed by the provisions of Law No. 1618, Law No. 4077 TKHK, IATA, IHA, UFTAA Convention, Civil Aviation Law, BK., TTK, international agreements to which Turkey is a party, and the regulations, directives, and notices issued in connection with these, and the TÜRSAB Kütahya Chart. 7.8- Differences arising from charges, taxes, and fees such as port and airport landing taxes and exchange rates are collected from the consumer.
ARTICLE 8- COMPETENT COURT
For the resolution of disputes arising from the application of this agreement, Istanbul courts and enforcement offices are authorized.
SELLER BUYER