INTRODUCTION
1- Beyond Travel Ltd. also known as Beyond Travel is a Class A licensed travel agent, registered as a Member of the Association of Turkish Travel Agencies.
2- These Booking Conditions apply to the person making the booking (‘the customer’) and all other persons on whose behalf the booking is made.
3- These terms and conditions apply to all bookings made through Beyond Travel. A deposit paid for a tour provided by Beyond Travel is taken to be an acceptance of these terms and conditions.
4- Beyond Travel acts as agents on behalf of all of the suppliers (including airlines, tour and cruise operators, car hirers and accommodation providers) in your booking.
5- The customer is contracting with Beyond Travel for the provision of certain services. In almost all cases, the services will be provided by 3rd party suppliers including airlines, hotels, tour operators, museums and historical sites. Any terms and conditions applied by those suppliers to their customers also apply to your booking. Copies of those terms and conditions are available upon request.
6- These booking conditions govern the customer’s relationship with Beyond Travel. Should a supplier be unable to provide one of the services contracted for, Beyond Travel will provide an alternate and equivalent service, or else provide a refund for that service or portion of the itinerary.
7- Any customer making a booking must be at least 18 years of age and must be authorised to make the booking on behalf of the members of the party.
DEFINITIONS
8- Within these terms and conditions, the following words have these meanings:
_ The customer – a person or persons who pays Beyond Travel for the provision of travel services, hotel accommodation, car rental, airfares, tours or other services.
_ The tour – any package of services provided by Beyond Travel as agent for its suppliers.
_ The tour commencement – the date on which the first Beyond Travel service is to be provided. Typically this will be an airport transfer on arrival in Turkey, though it may be another service which is first to be provided.
_ Suppliers – 3rd parties including but not limited to airlines, hotels, museums, historical sites, gullet operators, cruise operators, tour operators, transfer companies and guides which provide tourism services to Beyond Travel customers.
CONTRACT
9- After we have received the customer’s deposit or full payment (if applicable) and we have issued a receipt, a contract will exist between the customer and Beyond Travel, effective from the date printed on the receipt. The terms and conditions of each supplier in the booking with will also apply to the customer’s booking. Once the contract(s) is made, the airlines, accommodation provider and any other supplier is responsible for providing the customer with what the customer has booked.
AGENCY
10- Beyond Travel acts as a travel agent. We arrange travel services and sell travel related products on behalf of suppliers such as airlines, tour and cruise operators, car hirers and accommodation providers. In doing so Beyond Travel gives no warranty nor makes any representation regarding the services to be supplied or the products purchased by the customer. The customer accepts that if the travel services or products are not supplied in accordance with the booking, the remedy lies with the service provider and not Beyond Travel.
11- Beyond Travel undertakes to try to resolve all disputes and issues at first instance. Beyond Travel undertakes to represent services provided by others accurately and reasonably. Beyond Travel undertakes to act in good faith and attempt to find alternatives if a supplier cannot or will not supply the contracted service. However, Beyond Travel will not be liable for failures on the part of suppliers or any loss or damage suffered as a consequences of the provision of services by third party suppliers.
PRICES
12- Every effort is made to ensure that the prices quoted to you are correct; however Beyond Travel acts only as an agent and relies on information provided to us from the suppliers of the travel services and products. Beyond Travel undertakes to bring to customers’ attention any change in price made prior to the customer completing their booking and paying the balance of the price.
AIRFARES & CONDITIONS
13- Many airfares are subject to strict conditions regarding amendments, cancellations and refunds. If Beyond Travel is required to re-issue a ticket due to the provision of inaccurate or unclear information, the customer will be required to pay for the re-issue. This may amount to the purchase of a new full fare ticket. The customer is responsible for providing their name (and all names of all people travelling in their party) as it appears in their passports, and undertakes to take care to provide passport numbers with accuracy.
14- If Beyond Travel is required to re-issue a ticket due to its own error, Beyond Travel will bear the full cost of such re-issue.
AIRLINE TAXES AND FUEL SURCHARGES
15- All airfares are subject to taxes and charges levied by the relevant governments and the airlines themselves. From time to time, governments increase airport taxes and levies and airlines impose fuel surcharges without notice. Beyond Travel will endeavour to notify the customer of such charges in advance but reserves the right to pass on fuel and tax increases levied by governments and/or airlines, without notice.
AIRLINE E-TICKETS
16- All domestic Turkish airlines and most international airlines now issue electronic tickets called e tickets, rather than paper tickets. The customer will be provided with details of their flight booking and a reference number. The customer may not receive any other documentation confirming flights. All passengers travelling on an e ticket will be required to produce photo identification at check in.
AIRLINE SCHEDULES & CANCELLATIONS
17- The airline on which the customer is booked may change its departure time or cancel a flight. Beyond Travel will notify customers of changed departure times where possible, and endeavour to re- organise other arrangements to ensure customers meet scheduled departures. However, Beyond Travel has no liability for any loss or damage suffered as a consequence of an airline delaying or cancelling flights.
PAYMENTS
18- Beyond Travel requires 30% of total tour fees to be paid on booking to secure the booking.
19- Beyond Travel requires the balance of all tour fees to be paid in full, at least 21 days prior to the tour commencing, unless otherwise agreed.
20- Failure by the customer to pay the balance of tour fees at least 21 days prior to the tour commencing may result in Beyond Travel cancelling the booking and retaining the deposit.
21- If any tour fees remain outstanding at the commencement of the tour, Beyond Travel retains the right to cancel day tours, transfers, night shows or other services until all tour fees are paid in full.
22- Beyond Travel accepts payment by Visa Card, Mastercard or international bank transfer. Beyond Travel cannot accept Visa debit cards, American Express or Diners Club cards.
23- Beyond Travel will issue a formal receipt to Reispass (by email) upon receipt of any funds by international transfer, or on advice that a credit card transaction was successful.
24- Bank fees incurred as a consequence of international bank transfer are the responsibility of the customer. Occasionally, a customer sends an amount of money by international transfer, but their bank uses and intermediary bank to transmit the funds to Beyond Travel’s bank accounts. Often, such intermediary banks will impose their own transaction fees without notice. In such cases, the customer is liable to make up any shortfall in the tour fees received by Beyond Travel unless agreed otherwise.
25- Beyond Travel undertakes not to pass on credit card transaction fees, except as specified below.
26- Beyond Travel requires one deposit payment and one balance payment, unless the booking is made less than 21 days before the tour commences. In that case, Beyond Travel requires the full tour fee to be paid in one transaction. If customers split deposit payments and balance payments between multiple credit cards or a combination of credit cards and international transfers, Beyond Travel reserves the right to charge transaction fees.
AGENT COMMISSIONS
27- Beyond Travel may contract with another travel agency (‘commissioning agency’) for the provision of services to their customers. In this case, Beyond Travel will be responsible for the provision of those services via its suppliers to the customer, who will travel and enjoy the tourist service.
28- Beyond Travel will advise the commissioning agency of the price of the tours, and what percentage of this price the commissioning agency may retain. The commissioning agency may charge their customer tour fees greater than the price advised by Beyond Travel, but should not charge the customer tour fees less than the price advised by Beyond Travel.
CANCELLATION FEES
29- A booking may be comprised of tours, hotel reservations, transfers, flights, cruise cabins, gulet charter, and/or optional extra activities including, but not limited to, hot air balloon tours, horse riding tours, jeep tours, cooking classes, walking tours and Turkish bath experiences.
30- All arrangements made under one four-digit ‘Booking ID’ constitute one ‘booking,’ regardless of whether separate invoices have been issues to different passengers within the booking, or different payments have been received from different passengers within the booking, or slightly different arrangements have been made for various passengers within the booking.
31- Cancellation by one passenger within a booking may result in Beyond Travel reasonably concluding that the entire booking has been cancelled. Where passengers were to share a private tour guide, private vehicle rental, hotel room, gulet charter, cabin charter on a gulet cruise or private transfer greater than 3 hours; and where one of those passengers cancels his or her booking; Beyond Travel will necessarily conclude that all passengers in the booking have cancelled their booking. This may have the consequence of all passengers forfeiting some or all of their tour fees consistent with the following terms.
32- If the customer cancels their booking for any reason, they may incur a cancellation charge. The amount of this charge will vary depending on when the cancellation is made:
_ If the booking is cancelled by the customer prior to payment of deposit deposit, no fees are payable.
_ If the booking is cancelled by the customer after payment of deposit, but more than 21 days prior to the tour commencing, the customer only forfeits the deposit (or 30% of total tour fees.)
_ If the booking is cancelled by the customer fewer than 21 days prior to the tour commencing, but greater than 7 days before the tour commences, the customer forfeits 75% of the total tour fees.
_ If the booking is cancelled by the customer 7 or fewer days prior to the tour commencing, the customer forfeits all tour fees.
AMENDMENTS
33- Amendments to a tour, initiated by the customer after the payment of a deposit, may attract an amendment fee. Amendments requiring changes to bookings for hotels, tours, flights, cruises, charters, vehicle rentals and/or transfers on three or more days of an itinerary will ordinarily be charged a EUR100 amendment fee.
34- Amendments requiring changes to bookings for hotels, tours, flights, cruises, charters, vehicle rentals and/or transfers on five or more days of an itinerary may be regarded as a full or partial cancellation of a tour and result in forfeit of the deposit or a greater percentage of tour fees consistent with the cancellation provisions above.
35- Costs incurred by Beyond Travel as a result of amendments (such as non-refundable airfares which are cancelled, or cancellation fees imposed by hotels or tour operators) will also be passed on to the customer. The customer will be advised of the aggregate of such costs and given the opportunity to decide whether to continue with the amendment. Agreement to continue with the amendment is taken as agreement to accept the advised amendment costs (as well as any amendment fees.)
LIABILITIES
36- Beyond Travel bears no liability or responsibility for tours cancelled due to illness, injury or death of a customer or close relative or partner of a customer or any other personal matter. Beyond Travel bears no responsibility or liability for tours cancelled due to natural disaster, terrorism, environmental catastrophe or changed governmental travel advisories.
37- As Beyond Travel is only acting as an agent, it bears no liability in respect of the supply of any element of a booking, including any liability for illness, personal injury, death or loss of any kind, delay and inconvenience caused directly or indirectly by any provider of travel services or products or by other third parties unless caused by Beyond Travel’s negligence. Any claim for damages for injury, illness, loss or death must be brought against the relevant supplier of the travel services or products.
38- Beyond Travel bears no liability if a customer is unable to enjoy services provided due to them being incarcerated or detained by governmental authorities or refused entry to Turkey or any other country where services were to be provided.
39- Nothing in these terms and conditions shall be read as excluding, restricting or modifying rights under relevant Turkish legislation.
40- Beyond Travel warrants to act in good faith to procure services from suppliers which use safe vehicles, aircraft and sea-going vessels. Beyond Travel warrants to procure services only from fully licensed guides and tour operators. Beyond Travel undertakes to only contract with suppliers it reasonably believes take care to protect the health and safety of their customers.
41- Beyond Travel undertakes to provide a mobile phone contact for a fluent Turkish/English speaker, available 24 hours per day while the customer is in Turkey, to assist in resolving emergencies or unexpected contingencies.
42- Beyond Travel strongly advises customers to take out their own comprehensive travel insurance policies, providing coverage for property loss and/or damage, medical expenses and repatriation back to the home country in the case of injury, illness or death. Beyond Travel advises customers to take at such a policy at the time of paying a deposit, as the policy should also cover loss of deposit and cancellation fees.
INCLUSIONS & EXCLUSIONS
43- Generally, inclusions and exclusions are to be determined by the individual contract between Beyond Travel and each customer, on an individual basis. The contract is contained largely in the itinerary attached to each booking, together with these terms and conditions.
44- If an itinerary is silent as to whether an item is included or not, the following generally applies.
45- Beyond Travel tours generally include:
_ Tolls, traffic fines incurred by professional drivers, fuel, parking fees
_ Regular buffet breakfast at each hotel during the hours usually provided.
_ Gratuities or tips for driver and/or guide which are optional but customary.
_ One arrival transfer and one departure transfer between hotel and airport.
46- Beyond Travel tours generally exclude:
_ Special breakfast provided very early for customers with early departure from hotel.
_ Late checkout for customers who will not be picked up from the hotel until late on their final day at that hotel.
_ Turkish visa fees.
_ International airfares (unless specified in the itinerary.
_ Mini bar charges, phone calls, laundry, meals other than those described in the itinerary.
_ Drinks with meals.
_ Charges incurred due to damage to the hotel or tour vehicles.
_ Shopping
_ Travel insurance except as required under Turkish law.
_ Additional arrival or departure transfers between airport and hotel for customers in one party who are arriving or departing on different flights.
FORCE MAJEURE
47- Beyond Travel shall not be liable for any loss or damage incurred as a consequence of Beyond Travel or any of the suppliers being unable to perform their obligations under the cusomters’ contract(s) due to unusual or unforeseeable circumstances (a “force majeure event”) beyond the control of the party affected by the force majeure event.
48- In the event of a force majeure event, Beyond Travel may, at its sole discretion, assist the customer to make alternative travel arrangements or to provide a partial refund for services not provided.
PASSPORT & VISAS
49- It is the customer’s own responsibility to ensure they have a valid passport at the time of travelling. Such a passport should have validity for 6 months beyond the planned date of return to the home country.
50- It is the cusomter’s responsibility to ensure that they hold all necessary visas and permits.
SPECIAL NEEDS OR REQUIREMENTS
51- Customers with chronic illness, reduced mobility, physical or intellectual disability or other special needs should advise these prior to booking their tour with Beyond Travel. Beyond Travel will advise whether or not such special needs and requirements can be accommodated and may recommend a modified itinerary. Beyond Travel may impose surcharges for meeting additional needs of customers such as particular vehicles with easy access, hotel rooms with wheelchair access or wide hallways or special assistant guides.
52- Beyond Travel reserves the right to refuse to provide services to a customer with special needs where it is unable to accommodate those needs or where it would not be safe to do so.
53- Special dietary requirements should be advised more than 21 days prior to the tour commencing. Beyond Travel will endeavour to see that suppliers provide safe meal options for passengers with allergies or food intolerances, but cannot guarantee safe meals in the case of all allergies.
DISPUTES
54- Beyond Travel requests that dissatisfaction with services is reported by email to the individual Beyond travel agent with whom the customer communicated prior to the tour, or by calling the 24 hour emergency contact by mobile phone. Customers are requested to wait until office hours if the matter is not critical. Beyond Travel shall attempt to resolve the matter immediately and will act in good faith in trying to meet customers needs in accordance with the contact. If the customer remains dissatisfied, they must write Beyond Travel within 28 days from the end of the tour. Failure to notify dissatisfaction at the time it occurs may mean Beyond Travel is unable to resolve the dispute after the customer returns home.