ARTICLE 1 - PARTIES
SELLER: HOLY TRAVEL SEYEHAT ACENTESİ TIC LTD. STI
Company Title: IAMCAPPADOCIA TRAVEL
Address: TEKELLI MAHALLESI GOREME CADDESI NO 11 UCHISAR/NEVSEHIR
Phone: +90 (384) 213 05 00
E-mail: info@iamcappadocia.com
Web Site : iamcappadocia.com
Tax NNumber:4630979214
Trade Registry Number: 11476
BUYER: Customer
HOLY TRAVEL SEYEHAT ACENTESİ TIC LTD. STI hereinafter referred to as the Contractor, represented by its Director MR. NEVZAT GUNDUZ, acting on the basis of the Charter, on the one part,
AND
…………«……………», hereinafter referred to as Customer, represented by its Director ………………………………., acting on the basis of the Memorandum of Association, on the other part,
jointly referred to as the Parties, have entered into the present contract as follows:
1.1 The Customer shall order, and the Contractor shall render (arrange, sell) tourist services (tourist products) for tourists of the Customer. The tourist services may include the following services:
- hotel reservation;
- other tourist services (meeting at the airport, transfer from the airport to the hotel and return, excursions with English or Russian speaking guides etc.) as per the Customer’s request.
.
In addition to the above-listed services, other services listed in the annexes to the Contract or in separate documents, may also be included.
1.2 Provision of tourist services shall be made subject to their advanced reservation (order). For such purposes Customer shall execute and send to the Contractor a request in the form of an Order for certain tourist services.
1.3 The Customer’s order shall be sent to the Contractor by e-mail or fax. The confirmation shall be given by the Contractor in the form of invoice, which is deemed to be the annex to the present Contract.
1.4 Transfer of the rights of ownership to tourist product from one party of the present Contract to the third party shall not occur.
1.5 Each Party hereto guarantees that as of the moment of conclusion of this Contract and for the period of its duration it will have the necessary powers and qualified staff to perform this Contract.
1. The Contractor shall be obliged:
2.1.1. Тo communicate to the Customer full and true information, description and cost estimate and commercial invoices in compliance with the Orders provided by the Customer; introduce any changes to the terms of reception of the tourists and tourist groups in hotel not later than 20 days prior to their arrival by way of written notice to the Customer;
2.1.2. To confirm/give its consent to the Customer regarding reception of the respective tourists under agreed terms within 24 hours after receipt of the respective Order from the Customer;
2.1.3. To receive tourists and tourist groups sent by the Customer in conformity with previously agreed schedule;
2.1.4. To provide all the services in due time and of the adequate quality, in a strict compliance with the conditions of this Contract. Contractor is responsible before the tourists for the claims and demands concerning the quality of services rendered.
2.1.5. To accept directly from tourists payments for additional services of Contractor booked on site
2.1.6. To send vouchers and Invoices to Customer after final confirmation of reservation and before tourists depart from their country of residence to hotel. Fully booked and prepaid services will not be amended accordingly and send to Customer by new vouchers or any documents.
2.1.7. To be responsible for the safety of clients throughout the duration of their stay on the territory of hotel.
2. The Customer shall be obliged:
2.2.1. To timely send the respective Order containing the tour’s terms; to timely book services of the Contractor;
2.2.2. To inform the respective tourists about time-schedule and terms of the tour and services in the places of accommodation;
2.2.3. To arrange for pre-sale preparation of all services (to provide concomitant services to the tourists), including registration of all and any documents and all types of insurance being the Customer competence;
2.2.4. To provide the tourists with travelling documents;
2.2.5. To inform the Contractor within 2 days about arrival and departure of tourists (tourist group);
2.2.6. To confirm arrival of the exact number of tourists, date, time and the type of transport;
2.2.7. To effect payment in compliance with paragraph 4.5 of the present Contract.
2.3.1. The Parties have agreed to co-ordinate their activities in all areas of the mutual interests; to arrange business meetings for the managers and their representatives; to provide informational materials and other information about new tourist products.
2.3.2. The parties are not responsible for any losses and accident caused by tourist's misconduct, for loss of luggage, jewelry, money due to tourist’s fault, for delays or changes in schedules of subcontracted transport, strike or other events that are beyond control of the parties. The parties, however, shall take all the necessary and reasonable precautions and actions to eliminate the possible conflict.
2.4.1. Any settlements between the Parties under the present Contract shall be made on the basis of the invoices in Dollars or EURO or Lira by bank transfer to the bank account of Contractor as indicated in the present Contract.
2.4.2. All additional services or services booked for the tourists on site shall be paid directly on-site.
2.4.3. The prices of services specified in the invoices or by Addendum to the present Contract shall be submitted by Contractor to Customer in relevance to services rendered by the Contractor to the tourists – individuals and Customers groups. The prices specified in the Addendum are subject to change provided that an official note is sent by fax or e-mail in advance. However, the prices for all the previously booked and confirmed orders by Contractor to the Customer will remain unchanged as per the tariffs which were valid at the time of confirmation.
2.4.4. Customer’s payment will be made by full payment by banks transfer (SWIFT) in 100% of volume. Provision of services is carried out on an advance payment of 30% of the total amount of services ordered. Copies of bank receipts will be sent from Customer to hotel by fax or by email and must contain the following bank details (name, account, and address):
EURO ACCOUNT
Bank Name: GARANTI BANK AS
Bank Address: DUAYERI MEHMET AKIF BLV. NO: 2 50400 URGUP-NEVSEHIR
Beneficiary’s Account: 1041-9074014
IBAN Code: TR39 0006 2001 0410 0009 0740 14
SWIFT Code: TGBATRISXXX
DOLLAR ACCOUNT
Bank Name: GARANTI BANK AS
Bank Address: DUAYERI MEHMET AKIF BLV. NO: 2 50400 URGUP-NEVSEHIR
Beneficiary’s Account: 1041-9074015
IBAN Code: TR12 0006 2001 0410 0009 0740 15
SWIFT Code: TGBATRISXXX
TL ACCOUNT
Bank Name: GARANTI BANK AS
Bank Address: DUAYERI MEHMET AKIF BLV. NO: 2 50400 URGUP-NEVSEHIR
Beneficiary’s Account: 1041-6291649
IBAN Code: TR13 0006 2001 0410 0006 2916 49
SWIFT Code: TGBATRISXXX
1. Acts are signed after the fulfillment of all obligations of the parties, but not later than 160 days from the date of payment of the order.
2. In case a cancellation of the bookings for tourists will be requested, the SENDING PARTY will inform the RECEIVING PARTY accordingly and immediately. Cancellation penalty will refer to the following time notice given by the SENDING PARTY:
2. 4.6.1. In 14 days prior to the date of guest arrival: No cancellation fee will be imposed
4.6.2. 14 – 7 days prior to the date of guest arrival: one-night cancellation fee.
4.6.3. Less than 7 days and no show: will be fully charged (100%).
4.6.4. During high & peak seasons the cancellation policy varies from the abovementioned conditions & is discussed separately.
4.6.5. In case of a cancellation without any penalties, the RECEIVING PARTY will transfer the money of the paid service back to the bank account of the SENDING PARTY and the SENDING PARTY will be charged for all the expenses of the bank commissions.
3. Sanctions and claims
1. In case of failure/inappropriate fulfillment of the obligations under the present Contract by one of the Parties resulting in material losses inflicted on the other Party, including non-substantiated refusal to provide services, the claims and demands concerning the quality of services rendered, the Party at fault shall provide compensation to the other Party for all and any such losses (damage). Moreover, the Parties shall bear material responsibility for failure/inappropriate fulfillment of the obligations under the present Contract in the form of forfeit amounting by 100% of the value of services.
4. Acceptance of services
1. In respect to the services rendered in the hotel the fulfillment of services by the Contractor shall be entered into the respective Statement of work performed (services rendered) signed by the Customer and the Contractor, where the services provided and the actual price of services provided to the tourists (at the Orders of the Customer) are specified. Under agreement between the Parties, such Statement of Services Rendered may be issued within the period of 14 days after such services have been rendered.
2. In respect to the booked services the fulfillment of Contractor’s obligations under the Contract shall be confirmed in the tourist’s voucher with sign and stamp.
3. Actual additional services provided by Customer to the tourists in their country of residence shall not require documentary confirmation on the part of Contractor.
5. Force Majeure
1. The Parties shall be relieved from liability for partial or complete failure to fulfill its obligations hereunder, if it was the result of force-majeure circumstances, concepts accepted in international law, which were impossible to foresee at the date of signing of the Contract, specifically: acts of war, natural disasters, epidemics, civil and military upheavals, strikes, acts and state decisions, etc. The Parties shall determine the period of performing their obligations, procedure for determining the amount of loss and conditions of its compensation in separate agreements.
6. Arbitration
1. All disputes and discords which may arise out of/or in connection with this Contract shall be settled by way of negotiations. Shall the Parties fail to reach an agreement through negotiations, all disputes shall be submitted to the Arbitration Court of Law in the country of the defendant’s domicile in accordance with its rules and regulations. The decision of the Arbitration Court shall be final and binding upon both parties.
7. Final provisions
1. The present Contract shall come into force at the date of its signing and shall be valid for one year. This Contract shall be extended for each subsequent calendar year if neither Party declares in writing of its intention to terminate the Contract 30 days prior to its expiration.
2. With respect to the conditions that are not regulated by this Contract, the parties shall be governed by the existing rules of international agreements and customary business practices in the tourism industry.
3. The Parties shall not disclose or use for their benefit and for the benefit of third parties any commercial, business and other confidential information which became known to them in connection with the conclusion and usage of this Contract.
4. Any amendments and additional clauses to the present Contract are acceptable and valid in case they are made in written form and signed by both Parties
5. The Contractor reports to the Customer the complete and successful execution of all pre-booked services in form of The act of performed work. The facsimile copy of this Act has legal value and can be sent by mail or fax to the Customer.
8. The Contract is made in two counterparts, having equal legal force, one for each Party.
10. Legal Addresses and Requisite Details of the CONTRACTOR
Company Name: HOLY TRAVEL SEYEHAT ACENTESI TIC LTD STI
Trade Name: IAMCAPPADOCIA TRACE TURIZM SEYEHAT ACENTASI
Address: TEKELLI MAH. GOREME CAD.NO 11 UCHISAR/NEVSEHIR
Tel: +90 538 475 40 40
Fax: +90 384 213 05 00
E-mail : info@iamcappadocia.com
Web site : iamcappadocia.com
11. Legal Addresses and Requisite Details of the CUSTOMER
Company Name:
Address:
Tel: Email:
Website:
License:
USREOU:
Bank: Acc. Num.:
SWIFT CODE:
IBAN
Signatures of authorized persons and company seals
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On behalf of the CUSTOMER/ Со стороны ЗАКАЗЧИКА Represented by
Name: Position:
Date:
Signature
Company seal |
On behalf of the CONTRACTOR / Со стороны Исполнителя Represented by: HOLY TRAVEL SEYEHAT ACENTESI TIC LTD STI Name: NEVZAT GUNDUZ
Position: Director
Date: 28.11.20218
Signature
Company Seal
SHAPE \* MERGEFORMAT
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