Sales Contract

This Sea Genesis Group Package Tour Contract governs the rights and obligations of the parties regarding the purchased package tour or reservation service, between the Consumer whose details appear below and Sea Genesis Travel.

Parties

Seller: Sea Genesis Travel Travel Agency, holder of licence number 1483, which performs the package tour or reservation sales contract.

Seller Contact Details: Maslak Mah. Ahi Evran Cad. Polaris Plaza No:21 Inner Door No:86 Sarıyer/İSTANBUL. Tel: 0212 809 7 744 · www.seagenesisgroup.com · [email protected]. Referred to as Sea Genesis Travel in this contract.

Consumer: Covers all natural persons whose details appear above and who reside at the stated address, as well as those signing the contract on their behalf. Referred to as the Consumer in this contract.

Definitions

Carrier Company: Covers the companies from which ship, air and road tickets are procured, as well as accommodation facilities.

Subject: The contract that defines the services of the tour sold by Sea Genesis Travel with the start and end dates stated above, the legal responsibilities towards the consumer in connection with these services, and the rights and obligations of the parties regarding these responsibilities.

Contract Annexes: Tour Programme, Voucher Registration Form, Collection Receipt or bank receipt.

General Terms

Contract Price and Changes to the Contract Price

Sea Genesis Travel may change the reservation amount or package tour price in the following cases. Sea Genesis Travel reserves the right to unilaterally change the contract price. Without being limited to the cases stated below;

• Extraordinary changes in exchange rates (excluding guests who pay foreign currency at its TL equivalent),
• In the event of possible changes to taxes and duties legally levied abroad,
• It has the right to unilaterally change the contract price due to changes occurring in taxes, fees, duties and similar legal obligations collected at places such as airports.

In the event of a price increase, if the increase amount exceeds 5% of the total contract price and the Consumer does not accept this change; by means of a written notice or notice via a durable medium addressed to the company organising the package tour or to the agency, the Consumer may exercise one of the following options:

• Participating in another package tour of equal or lower value offered by the company organising the package tour or its intermediary, where availability exists,
• Withdrawing from the contract without paying any compensation.

In order to exercise the right of cancellation, the Consumer must submit a written application to the company organising the package tour or to its agency within 7 days from the date of receiving the notice of the price increase. Otherwise, the Consumer shall be deemed to have waived this right.

Payments

The payments made by the Consumer and the total amount of the service received or the package tour are stated in the tour registration form. During tour registration, the Consumer is obliged to pay the full amount of the package tour, including the flight ticket.

Due to exchange rate differences, changes may occur in the tour price; for a consumer who has paid a deposit, for the remaining payment the highest selling rate applicable by the banks on the day of payment shall be taken into account. The Consumer accepts, declares and undertakes to have accepted this matter in advance.

Sea Genesis Travel may carry out tour registrations by collecting a minimum of 50% from the consumer; in such a case the entire remaining balance must be settled 120 days before the tour departure date. Otherwise, the amount paid shall be deemed to have been collected as withdrawal compensation.

A collection receipt is issued to the Consumer for the payments made. In the event that the cardholder raises any objection to the payment in a credit card collection, the persons using the service are obliged to cover all material and moral receivables of Sea Genesis Travel. In the event of an objection raised before the travel takes place, Sea Genesis Travel may cancel the entire travel and accommodation and claim its receivables from the persons staying. In this case, the Consumer accepts, declares and undertakes that they will not make any claim of right.

Visa Procedures

VISA PROCEDURES and SERVICES are not included in the purchased service. The subject of these clauses is the regulation of the procedures and principles regarding the visa service to be provided to the consumer by the authorised body with which Sea Genesis Travel works, since the customer participating in the overseas tour with Sea Genesis Travel has requested that Sea Genesis Travel undertake the necessary visa-follow-up procedure for departure abroad.

On overseas travel, the Consumer must hold a visa for the country of destination; if the tour programme involves entry into more than one country or entry into a country from different places of the same country, the Consumer must hold a multiple-entry visa and a passport with the required validity period (a passport valid for at least 6 months from the day corresponding to the travel end date). The Consumer accepts, declares and undertakes that no refund will be made if, for any reason, they are not admitted into the country of destination. The Consumer accepts, declares and undertakes that they are responsible for all return costs in the event of being deported for any reason.

The Consumer must have paid the overseas exit fee to the relevant banks before the tour departure date.

Sea Genesis Travel may act as an intermediary for the Consumer's visa procedures. In the event that the Consumer's visa application is rejected by the consulates despite the application being made within the required time, or that the passport is delivered after the tour departure date or at a time that cannot be met for the departure time due to congestion at the consulates or for any reason; the Consumer accepts, declares and undertakes not to hold Sea Genesis Travel responsible and to forfeit the tour price arising from the withdrawal and cancellation due to failure to obtain the visa.

The documents required for the visa application and the visa costs together with the visa service fee must be delivered by the Consumer to Sea Genesis Travel, complete and as notified by the relevant consulate, at the latest 45 days before the tour departure date.

The Consumer accepts and declares that, if requested by the relevant consulate, they will apply to the consulate together with their documents on the given day and appointment time. In the event that the Consumer's documents are found insufficient or incomplete by the consulate; all obligations and additional costs arising from the failure to deliver the documents requested by the consulate from the Consumer in lieu of the missing documents within the stated period belong to the Consumer. Visas that cannot be obtained for this reason are not the responsibility of Sea Genesis Travel and its authorised agency, and the expenses incurred will not be refunded.

If, despite the Consumer having delivered all documents on time and the agency having applied on time, the application is rejected by the consulate, or if, again for reasons not attributable to the parties, the passports are not delivered by the relevant consulate by the tour start day; the Consumer accepts, declares and undertakes that Sea Genesis Travel bears no responsibility and that they are responsible for the resulting material loss and for the cancellation arising from being unable to join the tour.

If the rejection of the visa application by the consulate occurs less than 15 days before the tour start date despite the Consumer having fulfilled all of their responsibilities, Sea Genesis Travel shall be entitled to collect the full tour price together with the visa cost and service fee.

In the event that the visa cannot be obtained as a result of the Consumer's actions contrary to the rule of good faith (concealing situations such as tax debt, military service status, ban on leaving the country, being blacklisted, etc.), Sea Genesis Travel shall bear no responsibility.

Despite all visa procedures having been carried out validly, no refund will be made to customers who, for any reason, are not admitted into the destination country or who, despite having complete visas, are not permitted to leave Türkiye, and Sea Genesis Travel shall not be responsible for the damages arising from this situation. The Consumer is obliged to hold a valid passport that complies with the legislation, is undamaged and undeformed, and is acceptable before legal and official authorities. Sea Genesis Travel cannot be held responsible for travel cancellations occurring at country exits and entries due to damage or deformation of the passport.

A consumer who declares that they hold a visa for the countries of the tour they will attend, or who states that they will follow up the visa procedures themselves, cannot terminate the contract by claiming that the visa procedures were not completed; the responsibility belongs to the Consumer. Sea Genesis Travel has no power of sanction over consulates in any way, nor any authority to undertake outcomes. Sea Genesis Travel, being an intermediary body, is not responsible (itself or its authorised agency) for delays at the consulates. Documents returned by the consulate are delivered to the Consumer by Sea Genesis Travel. In the event that the consulate does not grant the visa, Sea Genesis Travel bears no responsibility, and the Consumer may obtain the explanation of "the visa not being obtained" as a result of their personal application to the relevant consulate.

Guide Service

For the reservations or package tours in which it provides guide service, Sea Genesis Travel will notify the consumer of the guide details 48 hours before the start of the travel.

Change in the Essential Elements of the Contract

Significant changes made to the contract content for reasons not attributable to the consumer before the start of the package tour, as well as price changes other than the price change, are characterised as an essential contract change. Sea Genesis Travel will immediately notify the consumer of essential contract changes and their effects on the price.

In the event that one of the essential elements of the contract changes, the consumer may accept this change, or, provided that they notify Sea Genesis Travel in writing or via a durable medium within at most 3 (three) days that they do not accept the change made, they may exercise one of the following optional rights:

• Participating, without paying any additional amount, in another package tour of equal or higher value offered by Sea Genesis Travel,
• Participating in a package tour of lower value, provided that the price difference is refunded to them,
• Withdrawing from the contract without paying any compensation.

In the event of withdrawal from the contract, Sea Genesis Travel will refund, within at most fourteen days from the date the withdrawal notice reaches it, the entire amount paid by the consumer, or, if a non-refundable ticket has been chosen for air, road or sea tickets, the remaining amount after this figure is deducted.

Obligation of Sea Genesis Travel

Sea Genesis Travel is obliged to provide the consumer with all of the free services included in the tour price in its brochure.

Sea Genesis Travel is not responsible for claims for damage, loss, material and moral compensation that arise, except for cases of death, injury or illness occurring due to the gross negligence or gross fault of itself, its service provider, or a person performing a service that constitutes an integral part of the travel. Sea Genesis Travel cannot be held responsible for damages arising from its failure to perform its obligation at all or properly, due to but not limited to the following reasons:

• The presence of fault on the part of the consumer,
• The presence of unforeseeable or unavoidable conduct of a 3rd party not involved in the process of performing the contract,
• Extraordinary circumstances that are unforeseeable or unavoidable despite all due care being exercised by Sea Genesis Travel or by a person who provides it with services and constitutes an integral part of the travel, including but not limited to those listed in the contract, including force majeure.

Cancellation / Change in Package Tour Travel

The deductions and cancellation penalties to be applied for cancellations made by the consumer will be applied as follows. Cancellation–refund conditions are calculated on the total amount. As of the reservation;

Penalties arising from the flight ticket are reflected separately. In addition to the cancellation conditions above; no refund is made to a consumer who withdraws from the contract, is not present on the package tour at the departure time, or leaves the tour during the travel for any reason.

Other Matters Regarding Cancellation – Change

If the consumer wishes to make a date change on any product they have purchased, the current prices on the date they request the change will apply.

In the event that the consumer is unable to join the tour due to a serious illness of themselves or a first-degree relative that prevents their usual occupation for 10 days, or the death of a first-degree relative; they may cancel the tour by accepting the penalties, or, in the case of a written and documented application, transfer the reservation/package tour to a third person. For this, it is mandatory that the situation be proven by an official board report obtained from a fully-equipped state hospital.

In order for the reservation holder to be able to transfer the tour to a 3rd person for the above reasons; they must notify the agency, at least 7 days before the tour start date, of the information and documents regarding the person who meets the conditions for participating in the tour. For any differences arising from this transfer, the transferor is jointly responsible with the transferee.

In package tour cancellation–refund procedures, the refund is made by deducting the transport cost from the amount paid, due to the cancellation conditions of the air, sea or road ticket. If there is a flight ticket as transport, the rules of the airline and the IATA rules apply as the cancellation–change conditions.

Travel health and cancellation guarantee insurance cannot be cancelled and the premium refunded.

In the event that the consumer does not notify in writing that they will be unable to participate in the service whose start they have missed, Sea Genesis Travel has the right to cancel all reservations and services made in the consumer's name 24 hours after the start of the travel or accommodation. In such cancellations, no refund is made to the consumer.

Sea Genesis Travel may partially or fully cancel the tours it has announced or for which it has taken registrations 3 days before the start of the trip due to insufficient participation in the package tour. Sea Genesis Travel or the carrier company may change the places to be visited within the scope of the trip due to force majeure or security reasons.

Sea Genesis Travel undertakes to provide a 5-star hotel in the package tour programme; however, it has the right to make a change in the hotel provided that it does not change its star rating. Sea Genesis Travel or the carrier company has the right to change the places to be visited and the visiting order stated in the tour circular with similar conditions. Sea Genesis Travel or the carrier company has the right to change the departure point of the package tour by covering the transport costs of the consumers. The consumer accepts, declares and undertakes that no refund or compensation will be made in this case.

Cancellation of travel in case of pregnancy: When the cancellation of the travel is in question due to any health problem, travel ban, doctor's recommendation or personal decision related to the pregnancy of the participant or the person travelling with them; this situation is not considered force majeure and the general cancellation conditions apply. For this reason, in the event of cancellation, no refund is made to the participant and the cancellation conditions stated in the contract are applied.

Baggage Loss and Damaged Baggage

The consumer accepts, declares and undertakes that all responsibility regarding the baggage and its contents belongs to them, and that Sea Genesis Travel has no responsibility for theft or lost items. The consumer is obliged to comply with the laws and rules applicable to the vehicle they will travel on and the facility they will stay at.

The consumer accepts, declares and undertakes that Sea Genesis Travel has no responsibility for baggage loss and/or damaged baggage. In case of baggage loss and/or damage, the consumer is obliged to fill in the necessary forms at the airport of arrival or with the carrier companies. The carrier company is responsible for the refunds to be made to the consumer regarding baggage loss or damage in air, land or sea transport, and Sea Genesis Travel will follow up the refunds on behalf of its consumer. Sea Genesis Travel's responsibility for following up the refunds within the scope of this clause is discretionary, and in this regard it has no right or responsibility towards the consumer.

Baggage weight allowance is determined by the carriers, and the consumer is responsible for any charge requested for weight they carry outside these rules. The consumer accepts, declares and undertakes that they cannot hold Sea Genesis Travel responsible for the carrier company's refusal to carry, or the accommodation facility's refusal to admit, baggage belonging to them and/or brought by them that is flammable, explosive, piercing, or firearms, as well as baggage that disturbs the surroundings. For this reason, all criminal and legal liabilities that Sea Genesis Travel may face belong to the consumer, and the consumer irrevocably accepts, declares and undertakes that they will cover all damages of Sea Genesis Travel arising from this reason.

Insurance

The TÜRSAB TRAVEL GUARANTEE INSURANCE POLICY, which is mandatory for package tours, is taken out by us or by the carrier company; the consumer is covered by insurance in the event that the package tour service they have purchased is deficient or not provided. The coverage extent is up to the package tour.

Apart from package tours, it is recommended that the consumer take out Travel Health Insurance for their overseas travel. Upon the consumer's request, travel health insurance can be taken out by us. The Travel Health Insurance policy will be delivered to the consumer before the start of the travel. The scope and conditions of the policy are available in full detail in the delivered policy, and the consumer's insurance coverage is limited to these rights. Cancellations, refunds and changes to be made within the scope of the Travel Health Insurance policy will take place according to the rules stated in the insurance company's policy.

Medical Assistance on the Package Tour

The consumer accepts that the medical centre of the relevant country on the package tour is not as well-equipped as a fully-equipped hospital and that the physician may not be a specialist physician. The company organising the package tour, the carrier and the physician bear no obligation towards the consumer regarding consequences arising from any inability to treat a medical condition.

The consumer accepts that, if necessary, requesting medical assistance throughout the package tour travel is their own responsibility and that they will be obliged to pay separately for medical services during the tour. In the event of any illness or accident, the consumer may stay in a local hospital for medical treatment and accepts that its costs belong to them. Medical facilities and standards vary; the company organising the package tour and the carrier make no statement, undertaking or guarantee regarding the standards of medical treatment. The professional opinion on whether the consumer's health is suitable for travelling on the package tour or continuing the trip is final and binding on the consumer.

Carrier Company Rights in Package Tour Travel

The company organising the package tour is in no way responsible for any change that may occur in flight times, the cancellation of flights, delays that may occur due to technical faults, and changes made by the airline companies; the relevant party is the relevant airline company. The consumer accepts that, within the framework of the provisions of the Warsaw Convention dated 12.10.1923, re-arranged on 28.09.1995, all kinds of changes and arrangements may be made on flights by the airline companies in accordance with international aviation rules.

Responsibility of the Consumer

The consumer accepts and declares that they were given preliminary information by Sea Genesis Travel within the scope of the relevant legal legislation, that the relevant brochure contents were provided, and that all information was provided completely.

The consumer is responsible for the correct provision of their own information and its entry into the contract. Sea Genesis Travel is not responsible for the consequences that may arise due to the incorrect reporting of identity and contact information (for example, airline penalty, visa problem, etc.).

• Each consumer guarantees that they are physically ready and fit to travel.
• The consumer is obliged to refrain from any attitude, word and behaviour that would endanger or harm the satisfaction, peace and safety of the other participants on the package tour travel.
• Consumers may not bring live animals, firearms, ammunition, explosive substances, flammable substances, toxic or dangerous substances, and substances and items whose possession and transport are prohibited or constitute a crime.
• In the event that Sea Genesis Travel, the carrier, or any service provider forming part of the package tour suffers damage or loss due to the consumer's breach of their obligations, the consumer shall be responsible.
• No refund is made to a consumer who is not present on the tour at the departure time or who leaves the tour during the travel for any reason.
• The land tours stated in the package tour are included in the prices. The consumer accepts that these land tours are provided by local service providers.

Air Transport

Sea Genesis Travel cannot specify the identity of the carrier airline or the type of aircraft on non-scheduled flights. In the event of the cancellation of the reservation or the contract by the consumer, whatever the cancellation provisions of the package tour, the airline fares and other expenses paid in the consumer's name will be refunded to the consumer according to the airlines' cancellation rules.

Information regarding flight times and routes will be provided through travel documents to be sent to the consumer approximately 3 days before departure. In cases where air transport is included in the package tour, Sea Genesis Travel will inform consumers of the flight times based on the information provided by the airline company. The flight schedule is for information purposes only. The relevant party regarding the rights and obligations arising from the contract of carriage and from this contract is the airline company. Arriving at the airport sufficiently in advance, having the ticket checked and boarding the aircraft on time are the responsibility of the consumer.

Sea Genesis Travel is not responsible for compensation claims that may be directed under the regulation on the rights of passengers travelling by air regarding baggage loss, delay or passengers denied boarding, and such claims will be directed to the airline company. All arrangements regarding flights are subject to the policies of the relevant airline company; passengers' seat selection, allocation and changes are entirely at the initiative of the relevant airline company, and our company makes no undertaking on this matter.

Complaints

The consumer is obliged to report any complaint during their travel to Sea Genesis Travel or to the relevant staff/unit of the carrier company as soon as possible. In the event that the relevant unit of the carrier company cannot resolve the problem, every complaint must be reported in writing to Sea Genesis Travel within the day. The consumer agrees that the failure to report the complaint in writing within the stated period will limit Sea Genesis Travel's means of resolving the problem subject to the complaint.

Protection of Consumer Information

Sea Genesis Travel obtains, stores and processes the consumer's special information regarding their name, address, gender, citizenship details, as well as their dietary requests, religious beliefs, health, any disability or other need; solely for the purposes of the contract, billing and providing the relevant services, and effectively carrying out the consumer's reservation. Sea Genesis Travel does not transmit the consumer's personal data to 3rd parties without their consent.

Extra Tours Not Included in the Package Tour

Sea Genesis Travel has no responsibility for extra tours and land tours organised by carrier companies other than Sea Genesis Travel. The extra tours stated in the package tour are included in the price.

Force Majeure

The company organising the package tour shall not be liable to any consumer against claims arising directly or indirectly from damage and loss in all similar situations beyond the company's control where the performance and/or immediate performance of the contract is affected by war, threat of war, rebellion, civil unrest, labour-employer disputes, terrorist acts or threats of action, the inability to procure power equipment, health risks, epidemic diseases, natural or nuclear disasters, fire, adverse weather conditions, adverse sea conditions, the consumer's suicide or attempted suicide or knowingly exposing themselves to unnecessary dangers (except for dangers undertaken to save human life), or the consequences of engaging in an unusual and dangerous activity.

In unforeseeable situations due to force majeure conditions, such as the consumer being unable to use or only partly using the service they purchased, or air, road and sea transport not being able to be carried out, Sea Genesis Travel will make a refund at the rates accepted by the carrier company by consulting with the carrier company. The consumer accepts that they will not make any other claim of right.

Incomplete Performance of the Contract

The consumer is obliged to immediately notify Sea Genesis Travel of any deficiency that arises during the performance of the contract. If this deficiency is not remedied, the consumer has the right to demand a discount from the contract price.

When it is determined that Sea Genesis Travel has not fulfilled or cannot fulfil an important obligation after the package tour has started, it offers equivalent alternative arrangements that bring no additional cost to the consumer so that the package tour can continue, and compensates the difference between the services offered and the services provided. The consumer may withdraw from the contract by not accepting the alternative arrangement. In the event of withdrawal from the contract, Sea Genesis Travel's right to demand a fee ends, and the payments made are refunded to the consumer within at most fourteen days from the date of withdrawal from the contract. However, Sea Genesis Travel will refund the remaining payment within fourteen days by deducting from the amount paid by the consumer an appropriate consideration, in proportion to the benefit received from the service, for the obligations it has performed up to the last moment.

The consumer accepts, declares and undertakes that they will not make any claim of right in the event that they abandon a service they consider faulty without giving written notice to Sea Genesis Travel. In the event that Sea Genesis Travel's services are outside the contract terms or deficient, the manner in which the fault is to be remedied is determined in the TÜRSAB Kütahya Schedule.

Protection of Personal Data

Within the scope of the Clarification Text prepared pursuant to Law No. 6698 on the Protection of Personal Data (KVKK) and constituting an annex to this contract, Sea Genesis Travel, in its capacity as Data Controller, may obtain, record, store, retain personal data and information within the framework explained in the law, update it in order to be able to continue its services, disclose and transfer it to third parties in the cases and to the extent permitted by the legislation, anonymise it, and process it in the other ways specified in the law. For details, see the KVKK Clarification Text page.

Special Terms

The Istanbul Courts shall have jurisdiction in any dispute arising from non-compliance with the contract rules. Consumers may submit their applications regarding the dispute to the Istanbul Province Consumer Court or to the Istanbul Province Consumer Arbitration Committee.

The consumer confirms that the personal and contact information they provided during the reservation registration is complete and correct. The consumer accepts and undertakes that Sea Genesis Travel shall not be deemed at fault in the event that, due to incorrect information provided, the consumer cannot be informed in the face of any adverse situation and the consumer suffers material/moral damage.

Sea Genesis Travel delivers to the consumer the tour brochure related to the package tour they purchased at the time of registration; the tour brochure contains information on all details of the accommodation or the package tour. The consumer accepts, declares and undertakes that they will not request any service other than the services included in the price.

Consumers are obliged to keep with them all medical drugs and devices during the travel, all tickets necessary for the travel, valid passports and IDs, visas, medical records, and other documents that may be required at the ports to be called at and disembarked at within the programme, and to comply with the health and necessary vaccination warnings stated at seyahatsagligi.gov.tr.

Consumer Declaration

I have read, understood and accepted the terms of the tour brochure, the tour registration form containing the fee, transport and other travel information issued in my name, and this contract, and have received a copy of it.