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
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 |