Blue Cave Travel Agency is the owner of the domain name www.bluecavetravel.com.tr and all of the sites and information contained therein.The act of using the website constitutes acceptance of all the terms and conditions contained in this Legal Notice. The user agrees to carefully read this Legal Notice each time they want to use our website because both it and the terms of service that govern it are subject to change.
OWNERSHIP OF THE WEBSITE
Company name: BALKANLAR TURIZM INSAAT LTD STI.
Agency name: Blue Cave Travel
Address: Hobyar Mah. Yalikosku Cad No : 18 / 402 FATIH – ISTANBUL
Domain name: www.bluecavetravel.com.tr
Blue Cave Travel retains the right to make any necessary changes to its website without prior notice, including changing, removing, or adding to the information and services offered there.
When a customer directly books a package with Blue Cave Travel, the normal contract and travel terms are applicable. Blue Cave Travel only acts as an agent for the services of third parties when a consumer has only purchased a single travel component (such as a flight ticket). Since Blue Cave Travel did not enter into the contract, it is not responsible for its proper execution in this circumstance. The general terms and conditions of the mediated hotels, car rental companies, and railway companies are applicable.
2. Agreement’s Conclusion
The customer must provide accurate information, including the full address, phone number, and e-mail address, as well as the first and last names, birthdates, and hotel category choices of each traveler. Denial of service could result from inaccurate and incorrect data. Blue Cave Travel will provide the customer with an offer based on their request about a booking. Following the customer’s approval of the services supplied by Blue Cave Travel by phone or email, a contract is in place between the two parties. The consumer receives the payment information for the requested services following the contract’s conclusion. If the client joins other travelers, they are liable for both their personal responsibilities and any contractual obligations (including the payment of travel expenses). All travelers are subject to the terms of the contract, including these contract and travel conditions.
3. Payment and terms of payment
The cost of the trip arrangements can be discovered in the Blue Cave Travel brochures or online documents. In order to confirm your reservation, you must provide Blue Cave Travel with an acceptance of the proposal together with a non-refundable deposit, the amount of which depends on the specifications of your booking. The above non-refundable deposit is a payment towards a full package of services to organize your trip. (airfare, accommodation, excursion). We use electronic payments, we can accept Visa, MasterCard, American Express and Electronic Fund Transfers. Some credit card companies can impose a “Foreign Transaction Fee” We don’t control the these fees.
4. Reservation change or travel cancellation by the Customer
If the customer wants to change the reservation or cancel the trip, he should inform Blue Cave Travel by e-mail, fax, or telephone. Documents already received must be returned to Blue Cave Travel.
4.1 Change of reservation or date of reservation
Change of reservation date Change of name or additional services booked etc. An additional fee per person will be charged to the customer with the change of reservation. If there is a change in the travel dates of the booked package during the travel period, or if there is a change in the destination or departure point up to 30 days before the arrival date, the change fee will be charged. Further changes, if possible, can only be made according to cancellation and immediate new booking as specified in paragraph 4.3.
4.2 Changing Participant
Names In case the customer cannot participate in the tour, a spare passenger can be determined as a spare passenger. In this case, a change fee will be charged per person. Blue Cave Travel may reject the backup person if the person is unable to join the tour or if legal restrictions prevent this person from participating in the tour. In case the changer joins the tour, the original customer and the replacement are creditors for the amount of the reservation and any additional costs incurred by the change.
4.3 Cancellation conditions
The deposit is non-refundable. With the cancellation, the following cancellation fees will be charged to the customer: Up to 30 days before arrival = 25% of the trip price 29-15 days before arrival = 50% of the trip price 14-4 days before arrival = 75% of the trip price 3-0 days before arrival = 100% of travel price For certain times such as Christmas / New Year, special cancellation fees on the offer/confirmation/invoice apply. The time at which the cancellation notice is received by Blue Cave Travel during normal working hours will be decisive in calculating the cancellation date; Valid on the next business day on Saturday, Sunday, and public holidays. This provision also applies to messages sent via e-mail, our website, answering machine, fax, or other electronic media.
5. Cancellation or contract change by Blue Cave Travel
5.1. Change before the contract is signed
Offers on the website and other advertising media are non-binding. Blue Cave Travel reserves the right to change features, services, and prices before booking. In such a case, Blue Cave Travel will inform the customer before concluding the contract.
5.2. Price changes after the contract is concluded
Blue Cave Travel reserves the right to increase the agreed price after the conclusion of the contract in the following cases: • Increase in the prices of transport companies, hotels, and additional service providers • New or increased taxes, fees, or charges Price increases will be announced at the latest 3 weeks before the start of the tour. In case the price increase is more than 10 percent, the Customer has the right to withdraw from the Agreement free of charge within 5 days from the date of notification or to accept an alternative tour arrangement of the same value from Blue Cave Travel.
6. Cancellation of the tour by Blue Cave Travel
6.1. Unforeseen events, force majeure, strikes
Force majeure (natural events, official measures, etc.), unforeseen or unavoidable events, or strikes may cause Blue Cave Travel to change the tour program or individual services or cancel the tour. In the event of a change in the program or services, Blue Cave Travel will try to provide an equivalent alternative. If the tour needs to be canceled, Blue Cave Travel will refund the tour price paid (insurance premiums are non-refundable or due). Other requests of the customer are excluded.
6.2. Cancellation Due to Customer – Related Reasons
Blue Cave Travel has the right to cancel the tour if the Customer or the tour participants show a justified reason. In this case, Blue Cave Travel will return the tour price paid to the customer. Other requests are excluded. Cancellation fees and claims for compensation specified in Article 4.3 are reserved.
7. Changes to the program or services during the tour
Blue Cave Travel will endeavor to perform the tour as agreed. However, there may be changes in services and schedules. In such cases, Blue Cave Travel will provide the Customer with a solution that is as equivalent as possible. If the corrective action results in excessive costs or disproportionate expenses for Blue Cave Travel, Blue Cave Travel reserves the right to refuse to take such corrective action. Additional costs will be borne by the Customer. Blue Cave Travel reserves the right to refuse to take corrective action if changes in the tour program or technical specifications or loss of performance occur due to force majeure. Additional costs will be borne by the Customer.
8. Early cancellation of the tour by the customer, unused services
If the Customer terminates the tour or cannot benefit from certain services for any reason, the Customer has no right to demand a refund of the cost of the travel arrangement. Unused services will be refunded after deducting 20 percent of the tour price offered, unless requested from Blue Cave Travel, not completely unimportant services and the refund is not contrary to legal or official regulations.
If the agreed services specified in the Agreement are not fulfilled during the tour or the Customer suffers a loss, he is obliged to immediately claim and demand compensation from the service provider (hotel, airline company, etc.) or Blue Cave Travel for such losses. Free corrective action. The service provider or Blue Cave Travel will endeavor to resolve this within a reasonable time. If such attempts are found to be impracticable or insufficient, the Customer is obliged to confirm in writing with the service provider any alleged deficiencies, damages, and unsuccessful remedies. However, Blue Cave Travel will not have the right to accept any request on its behalf. If no assistance has been given within a reasonable time (usually within 48 hours) and the deficiency is substantial, the Client himself will be entitled to seek assistance. Costs incurred will be refunded by Blue Cave Travel within the framework of the originally agreed tour (hotel category, transportation, etc.) if the service provider confirms the defect in writing and the Customer can provide a receipt for the default expenses. All claims will be made in writing to Blue Cave Travel within four weeks after the agreed end of the tour, including confirmation of claimed deficiencies, damage, and self-help costs. If the client does not present his claim for deficiency and damage immediately during the tour, he will not be entitled to present any confirmation or receipt for self-help, or if he submits his claims 4 weeks after the end of the agreed tour, all rights will be forfeited.
10. Blue Cave Travel’s Responsibility
Blue Cave Travel, within the framework of the following provisions, the cost of the service obligations that are not fulfilled or incompletely fulfilled, additional costs, if this is not possible, the loss incurred, etc. service provider or Blue Cave Travel to provide an equivalent replacement service at the relevant location. In the case of self-help under section 9, additional costs are refunded up to twice the tour price/person per tour participant. Article 7 and the following provisions are reserved.
10.2 Limitations of liability, exemptions from liability
10.2.1 International agreements and national laws
International agreements, laws based on international agreements or national laws, compensation for damage caused based on non-performance or insufficient performance of the contract, etc. Blue Cave Travel is solely responsible under these agreements and laws.
10.2.2 Exemptions from liability
Blue Cave Travel will not be liable if the non-performance or inadequate performance of the contract is due to the following reasons: • Negligence of the Customer or other passengers before or during the tour • Unforeseen or unavoidable negligence of a third party not involved in the provision of the contractually agreed service • Force majeure or an event that Blue Cave Travel, the agency, or the service provider cannot prevent despite all due diligence. In these cases, Blue Cave Travel will not be liable for any damages, liability for compensation for non-pecuniary damage, disappointment experienced, compensation for self-help etc. excludes.
10.2.3 Personal injury
Blue Cave Travel is liable within the framework of this General Agreement and Conditions of Travel, applicable international agreements, laws based on international agreements, and national laws for personal injury resulting from non-fulfillment or inadequate performance of the agreement.
10.2.4 Other damages (material damage, financial loss, etc.)
Blue Cave Travel’s liability is limited to twofold in case of other damages, ie personal injuries, caused by non-fulfillment or inadequate performance of the contract. Tour price per participant/person, unless the damage was caused intentionally or by gross negligence; this General Agreement and Conditions of Travel and applicable international agreements, laws based on international agreements, and national laws including lower limits of liability or exemptions from liability are reserved.
10.2.5 Wasted vacation time, loss of vacation enjoyment, disappointment
Blue Cave Travel does not accept any responsibility for wasted vacation time, loss of vacation enjoyment, or disappointment.
10.3 Non-contractual liability
Non-contractual liability is subject to applicable regulations, international treaties, and laws based on international treaties. In the event of other damages (e.g. not personal injury), liability will always be limited to twice the tour price per participant/person, unless international treaties, laws based on international treaties or national laws, or these General Contractual Conditions and Conditions of Travel. It provides lower liability limits or liability exemptions.
10.4 Legal limitation
All claims expire within one year of the contractual end date of the tour. Applicable international treaties, laws based on international treaties, or national laws are reserved for shorter statutes of limitations or longer, contractually unchangeable statutes of limitations.
The liability of tour, transportation, and flight companies is limited. Blue Cave Travel recommends that customers or tour participants take out appropriate additional insurance, such as baggage, accident, health, and cancellation insurance.
12. Entry, visa, and health regulations
The customer should be informed on time about the entry and health regulations, which can be obtained from the Turkish embassy or consulate. The client is responsible for verifying the validity of travel documents, including any required visas. Cancellation conditions will apply in case of cancellation of travel documents due to missing or delayed travel documents. The customer is obliged to have the relevant documents with him when leaving. In case of refusal to enter Turkey, the Customer is responsible for all expenses incurred for the outbound and return journeys. Blue Cave Travel draws the Customer’s attention to the legal consequences of importing illegal goods and other objects.
13. Data protection
13.1 Data of customers and other passengers
Blue Cave Travel requires various information (name and surname, date of birth, nationality, etc.) from the customer and the following passengers for Blue Cave Travel to prepare a tour. Offer and handle the Contract properly. Blue Cave Travel is subject to Turkish data protection laws. Blue Cave Travel is obliged to protect the data of the Customer, track the passengers, and store this data in Turkey.
13.2 Transfer to service providers and authorities
Blue Cave Travel will transmit this data to the service provider if necessary for the processing of the Agreement. Both Blue Cave Travel and the service provider may be obliged to forward the Customer’s data or the data tracking the passengers to the authorities due to legal regulations or official directives. This applies in particular, but not exclusively, to hotel owners.
13.3 Particularly sensitive personal data
Depending on the reserved arrangement, Blue Cave Travel may be required to collect particularly sensitive personal data or the Customer may be obliged to automatically transmit it to Blue Cave Travel. For example, if food is to be provided, possible religious preferences may be taken into account. Such data is usually transmitted to the service provider for the correct performance of the Contract or, in some cases, due to legal requirements or official directives of government authorities. By providing such information, the Customer expressly authorizes Blue Cave Travel to use this information following this provision.
13.4 Personal profiles
Depending on the scope of data provided to Blue Cave Travel, so-called personal profiles may be compiled. While the customer sends his data and the data of the following passengers to Blue Cave Travel, he consents to the processing of his profiles within the framework of this data protection provision.
13.5 Blue Cave Travel offers and programs
Information about Blue Cave Travel in the future will inform the Client about its schedules and tours. The customer has the right to refuse this service at any time by notifying Blue Cave Travel.
13.6 Your Rights
Enforcement Blue Cave Travel reserves the right to transfer data to authorities and third parties for the enforcement of its legitimate interests. The same is true in the case of a suspected crime.
13.7 Questions about data protection
If the customer has any questions regarding data protection or wishes to access our stored data, he will contact Blue Cave Travel directly.
14. Applicable law and jurisdiction
Turkish law will be applied. The Parties to the Agreement accept the Istanbul Courts as the exclusive jurisdiction court. The above provisions regarding applicable law and the competent court shall apply subject to the contractually unalterable provisions of applicable laws or international agreements. The above text is a translation of the original terms and conditions written in English only. In any legal situation, only the original English text of the terms and conditions applies.