Company Name: 4S Turizm Limited Şirketi ( Odek Lines )
Agency: Sunmed Travel Agency ( A-12195 )
Address: Siteler Mah. 206 Sok. Karacan Plaza No:2 İç Kapı No: 111 48700 MARMARİS - MUĞLA - TÜRKİYE
Telephone: +90 252 417 1128
Telephone: +90 252 417 1169
Fax: +90 252 417 0714
GSM: +90 553 259 2481
E-mail: info@odek.com
Hereinafter referred to as the “INTERMEDIARY”.
The natural or legal person that actually performs the passenger transportation service.
The name of the CARRIER, the relevant voyage information and other required information are displayed during the purchase process and/or on the electronic travel document.
Hereinafter referred to as the “CARRIER”.
The natural or legal person who purchases a travel document through the INTERMEDIARY's website or electronic sales channels.
2.1. The subject of this Agreement is to determine the terms and conditions applicable to the sale of the electronic travel document for the passenger transportation service purchased by the PURCHASER through the INTERMEDIARY's website or electronic sales channels, and to the INTERMEDIARY's facilitation of the establishment of the transportation agreement between the CARRIER and the PURCHASER.
2.2. The INTERMEDIARY is the service provider that facilitates the sale of the passenger transportation service provided by the CARRIER and the establishment of the transportation agreement.
2.3. The actual passenger transportation service is performed by the CARRIER specified on the travel document.
2.4. The INTERMEDIARY's intermediary activities do not include the actual performance of the transportation service provided by the CARRIER, without prejudice to the obligations imposed on the INTERMEDIARY under applicable legislation.
3.1. Upon purchase of the travel document, the transportation relationship concerning the relevant passenger transportation service is established between the PURCHASER and the CARRIER specified on the travel document.
3.2. Where the CARRIER has specific terms and conditions regarding passenger transportation, check-in, boarding, baggage, security, voyages, cancellation, refund and changes, such terms shall apply to the relevant transportation service to the extent that they were disclosed to the PURCHASER prior to purchase.
3.3. The PURCHASER has the opportunity to review the terms and conditions applicable to the relevant transportation service before completing the purchase.
3.4. In the event of any difference between the CARRIER's specific transportation terms and this Agreement, the specific transportation terms disclosed to the PURCHASER at the time of purchase for the relevant voyage shall apply, without prejudice to mandatory provisions of applicable law.
4.1. The travel document is issued electronically and sent to the e-mail address and/or electronic communication channel provided by the PURCHASER.
4.2. Upon transmission of the electronic travel document to the PURCHASER, the INTERMEDIARY's obligation regarding delivery of the ticket shall be deemed fulfilled.
4.3. The PURCHASER is responsible for checking the name and surname, date of birth, passport information, travel date, route and other information stated on the travel document.
4.4. Subject to mandatory provisions of applicable law, any consequences arising from incorrect or incomplete information provided by the PURCHASER shall be borne by the PURCHASER.
5.1. The PURCHASER acknowledges that all information provided during the purchase is accurate, complete and up to date.
5.2. The PURCHASER is responsible for obtaining and maintaining valid passports, visas, travel documents, entry permits, residence permits and all other official documents required for travel on the date of travel.
5.3. The PURCHASER is obliged to comply with the check-in and boarding times determined by the relevant CARRIER.
5.4. The PURCHASER must comply with safety and conduct rules on board the vessel and with lawful instructions issued by the captain and vessel crew.
6.1. The INTERMEDIARY's activities consist of the electronic sale of the travel document, creation of the reservation, facilitation of the establishment of the transportation agreement between the CARRIER and the PURCHASER, and other intermediary services imposed on the INTERMEDIARY under applicable legislation.
6.2. Operation of the vessel, the actual passenger transportation service, the technical and operational condition of the vessel, the activities of the captain and vessel crew, vessel safety and the actual performance of the transportation service are the responsibility of the CARRIER.
6.3. The INTERMEDIARY shall not be liable for damages arising from the actual transportation service provided by the CARRIER, except to the extent arising from the INTERMEDIARY's own fault or breach of an obligation legally imposed upon the INTERMEDIARY.
6.4. The liability of the INTERMEDIARY arising from its own fault, negligence or legally imposed obligations cannot be excluded by this Agreement.
6.5. The liability of the INTERMEDIARY shall be determined taking into account Law No. 6502 on Consumer Protection, relevant regulations, the Turkish Commercial Code, other applicable legislation and, where applicable, relevant international conventions.
7.1. The CARRIER is responsible for performing the actual passenger transportation service.
7.2. The CARRIER's liability arising from death or injury of passengers, loss of or damage to baggage, performance of the voyage and other transportation services shall be determined in accordance with applicable legislation, relevant international conventions and the CARRIER's transportation terms.
7.3. No provision of this Agreement shall be interpreted as excluding any liability of the CARRIER arising from mandatory provisions of applicable law.
8.1. Passenger transportation services are excluded from the scope of the Distance Contracts Regulation pursuant to Article 2(2)(h) thereof, without prejudice to certain information obligations specified in the Regulation and the obligations under Articles 18 and 19 thereof.
8.2. Accordingly, the general 14-day right of withdrawal under the Distance Contracts Regulation does not apply to travel documents relating to passenger transportation services to be performed on a specific date or during a specific period.
8.3. The non-application of the right of withdrawal does not eliminate the cancellation, refund and change conditions previously established for the relevant transportation service.
8.4. Cancellation, refund and date/time changes relating to the travel document shall be evaluated in accordance with the Passenger Transportation Rules, Cancellation, Refund and Change Conditions notified to the PURCHASER at the time of purchase and the specific terms of the relevant CARRIER.
9.1. Cancellation of the travel document and refunds are subject to the cancellation and refund conditions notified to the PURCHASER at the time of purchase for the relevant transportation service.
9.2. For cancellation requests made by the PURCHASER, the applicable period and refund rate shall be determined according to the scheduled departure date and time stated on the travel document.
9.3. For the calculation of the cancellation period, the date and time on which the cancellation request is actually received by one of the official communication channels designated for this purpose by the INTERMEDIARY or the CARRIER shall be taken as the basis.
9.4. Visa refusal, delayed issuance of a visa, failure of a visa to be issued in time for the travel date, or failure to obtain the official documents required for travel shall not, in itself, create an additional right to a refund. In such cases, the applicable cancellation and refund conditions shall apply.
9.5. If the voyage is cancelled, postponed or materially changed by the CARRIER, the PURCHASER's rights shall be determined according to the nature of the event and applicable legislation.
10.1. Voyages may be postponed, changed or cancelled due to weather and sea conditions, port conditions, decisions of official authorities, security reasons, natural disasters, war, terrorist incidents, civil disturbances, strikes, technical or operational necessities, and other events beyond the CARRIER's reasonable control.
10.2. In such cases, the PURCHASER's rights shall be determined according to the nature of the event, the relevant CARRIER's terms and applicable legislation.
10.3. With respect to delays or cancellations relating to the actual transportation service performed by the CARRIER and not arising from the INTERMEDIARY's own fault, the INTERMEDIARY's liability shall be assessed subject to mandatory provisions of applicable law.
11.1. Where the INTERMEDIARY provides services relating to a visa on arrival or other visa procedures, the INTERMEDIARY's service is limited to forwarding the information and documents provided to it to the relevant application authority and to the scope of the visa service purchased.
11.2. The decision whether to grant a visa, the duration and conditions of the visa, and the decision to permit entry into the country are at the discretion of the competent authorities of the relevant country.
11.3. Rejection or delay of a visa application, or failure of the visa to be issued in time for the travel date, shall not mean that the INTERMEDIARY is responsible for the visa outcome, unless caused by the INTERMEDIARY's own fault.
11.4. If the travel document is cancelled due to a visa application, the refund conditions applicable to the travel document shall be governed by Article 9 and the relevant Passenger Transportation Rules, Cancellation, Refund and Change Conditions.
11.5. The PURCHASER is responsible for the accuracy of the information and documents submitted in connection with the visa application.
12.1. Baggage allowance, weight, dimensions, prohibited items and other baggage conditions are subject to the rules of the relevant CARRIER.
12.2. Liability for lost, damaged or delayed baggage shall be determined in accordance with applicable legislation and the relevant CARRIER's transportation terms.
12.3. The liability of the INTERMEDIARY arising from its own fault or breach of obligations legally imposed upon it cannot be excluded by this Article.
13.1. The total amount payable by the PURCHASER shall be displayed clearly and comprehensibly before the purchase is completed.
13.2. Any port taxes, service fees, processing fees, visa service fees or other additional charges shall be displayed to the PURCHASER before payment.
13.3. It shall be clearly and comprehensibly stated immediately before completion of the purchase that the PURCHASER is assuming a payment obligation.
14.1. The INTERMEDIARY shall provide the electronic communication channels necessary, within the scope of the obligations imposed on intermediary service providers by applicable legislation, for consumers to submit and track refund requests, termination requests, claims and complaints.
14.2. Relevant requests and notifications submitted by the PURCHASER to the INTERMEDIARY shall, where necessary, be forwarded to the CARRIER without undue delay.
14.3. For the validity of a cancellation request, the date and time on which the request is received by the authorized official communication channel of the INTERMEDIARY or CARRIER shall be taken as the basis.
14.4. For telephone communications, in order to establish proof of cancellation and refund requests affecting the rights of the parties, the PURCHASER should use e-mail, the relevant online form or written/electronic communication channels provided by the INTERMEDIARY that create a record.
15.1. Personal data belonging to the PURCHASER shall be processed in accordance with Law No. 6698 on the Protection of Personal Data and applicable legislation.
15.2. Detailed information regarding the processing of personal data is provided in the Personal Data Protection and Privacy Policy / Privacy Notice published on the INTERMEDIARY's website.
15.3. Personal data required for performance of the transportation service, creation of the reservation, processing of payments and fulfilment of legal obligations may be shared with the relevant CARRIER and service providers in accordance with applicable legislation.
16.1. The INTERMEDIARY reserves the right to update prices, voyages, routes, campaigns and service information displayed on its website.
16.2. The information presented to the PURCHASER before completion of the purchase and forming the basis of the purchase shall apply to the relevant transaction.
16.3. Any changes after completion of the purchase that may affect rights acquired by the PURCHASER shall be subject to applicable legislation.
17.1. Before completing the purchase, the PURCHASER shall have the opportunity to access and review this Agreement, the relevant CARRIER's transportation terms and the Passenger Transportation Rules, Cancellation, Refund and Change Conditions.
17.2. The Agreement shall be concluded upon the PURCHASER providing the required electronic consents and completing the payment transaction.
17.3. This Agreement and information relating to the purchase shall be provided to the PURCHASER through a durable medium that allows the PURCHASER to access and store the information unchanged for a reasonable period.
17.4. The INTERMEDIARY shall retain transaction and contractual records that are required to be kept under applicable legislation for the periods prescribed by such legislation.
18.1. Turkish law shall apply to this Agreement. Applicable international conventions and mandatory provisions of applicable law are reserved.
18.2. In transactions where the PURCHASER acts as a consumer, the PURCHASER's rights to apply to the Consumer Arbitration Committee (Tüketici Hakem Heyeti) and the Consumer Court (Tüketici Mahkemesi) under applicable legislation are reserved.
18.3. In consumer disputes, the competent authority and court shall be determined in accordance with the jurisdiction and competence rules stipulated by applicable consumer legislation.
18.4. For parties who do not act as consumers, the competent court and enforcement authorities shall be determined in accordance with the applicable rules on jurisdiction and competence.
19.1. No provision of this Agreement shall be interpreted in a manner that eliminates or restricts rights legally granted to the PURCHASER and which cannot be limited by contract.
19.2. If any provision of this Agreement is deemed invalid or unenforceable by a competent authority or court, the validity of the remaining provisions shall not be affected.
19.3. Matters not expressly regulated in this Agreement shall be governed by applicable Turkish legislation, applicable international conventions and the CARRIER's terms notified to the PURCHASER at the time of purchase.
20.1. The PURCHASER acknowledges that, before completing the purchase, the PURCHASER has had the opportunity to read and review this Agreement, the relevant CARRIER's terms and the Passenger Transportation Rules, Cancellation, Refund and Change Conditions.
20.2. By completing the purchase, the PURCHASER agrees to the application of this Agreement and the transportation terms notified to the PURCHASER prior to purchase, subject to mandatory provisions of applicable law.
INTERMEDIARY SERVICE PROVIDER
Company Name: 4S Turizm Limited Şirketi ( Odek Lines )
Agency: Sunmed Travel Agency ( A-12195 )
Address: Siteler Mah. 206 Sok. Karacan Plaza No:2 İç Kapı No: 111 48700 MARMARİS - MUĞLA - TÜRKİYE
Telephone: +90 252 417 1128
Telephone: +90 252 417 1169
Fax: +90 252 417 0714
GSM: +90 553 259 2481
E-mail: info@odek.com
| Business Name | SUNMED Travel Agency |
| Institution | Turkish Ministry of Trade |
| System | Electronic Commerce Information System |
| Ministry Approval | Ministry of Trade |
| Agency Name | Sunmed Travel Agency |
| Agency Licence No | 12195 |
| Institution | Association of Turkish Travel Agencies |
| Ministry Approval | Ministry of Culture and Tourism |
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