HEART OF TURKEY TOURS - TERMS AND CONDITIONS
1. SCOPE AND AGENCY
1.1 The following Terms and Conditions apply to all travel services transactions with Heart of Turkey Tours Limited a NZ Limited Company trading as Heart of Turkey Tours and its successors and assigns and they set out our respective rights and obligations. By making a booking request, you acknowledge that you have read and understood these Terms and Conditions as well as the specific day to day demands of your chosen tour and agree to be bound by them.
1.2 These Terms and Conditions set out the terms on which you contract with us for the organisation and delivery of travel arrangements for your trip and which we agree to make, provide, or perform (as applicable) as part of our contract with you.
1.3 All references in these conditions to "holiday", "booking", "contract", "package", "tour", "arrangements" mean suchholiday arrangements unless otherwise stated. In these conditions, "you", "your" “traveler” or "passenger" means each person named on a booking request (including anyone who is added or substituted at a later date) or any ofthem as the context requires. “We" "us" and "our" means Heart of Turkey Tours. “Independent Provider”, “Principal” and “Supplier” refers to any third party providing any service that is part of the itinerary.
1.4 Where we do not directly provide the travel products and travel services we may receive remuneration from the Principals by way of commission or other payments related to the sale of travel products and travel services. As such, your booking is subject to the Principal(s) terms and conditions, copies of which have either been provided to you or are otherwise available on request from us. All tickets, receipts and vouchers are issued subject to the terms and conditions specified by the relevant Principal. We undertake to fulfil our role as agent for the Principal(s) with reasonable care and skill, but we cannot and do not guarantee the performance of the functions offered by the Principals and we will not be liable if yousuffer loss, injury or disappointment by reason of any acts or failings of any Principal. In any such case your remedy will lie with the Principal.
1.5 We reserve the right to change these Terms and Conditions at any time prior to you placing a booking request. The latest version of our Terms and Conditions is published at heartofturkeytours.com It is your obligation to review the latest version of our Terms and Conditions prior to making a booking request.
1.6 All care is taken to ensure that the information published on our website with regards to the destination, package or its components is accurate. Material published on the Website should not be viewed as advice and is provided for information
purposes only.
1.7 Heart of Turkey Tours reserves the right to restrict access to the Website, from communicating with us or from completing a booking for any reason and at any time at its sole discretion.
1.8 You agree not to use the website in any way that interferes with its normal operation. Any data gathering or extraction methods are strictly prohibited without prior consent. Any information or intellectual property owned or licensed by Heart of Turkey Tours and published on the website shall not be copied or commercialised without our prior consent. Where payment is processed through our website, you warrant that the details used are your own or those of a third party who has consented for you to use those details and that you are fully responsible for their use.
2. YOUR CONTRACT
2.1 The first named person on a booking request ("Lead Traveler") promises that s/he is authorised to request a booking subject to these Terms and Conditions by all persons named in the booking request and by the parents or guardians for any party member who is under 18 when the booking request is made.
2.2 The Lead Traveler is responsible for making all payments due under a booking by all party members. The Lead Traveller
must be at least 18 when the booking is requested.
2.3 After we receive your booking request and all appropriate payments ("Payments" below), if the arrangements you wish to book are available, we will issue a confirmation invoice.
2.4 A binding agreement will come into existence between us when we email your confirmation invoice to the "Lead Traveller".
We reserve the right to decline any booking at our discretion.
3. OUR SERVICES
3.1 The services we provide to you are limited to:
3.1.1 The arrangement and coordination of your travel arrangements, and:
3.1.2 The delivery of travel arrangements which we directly control. This includes the significant work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements.
3.2 Principals or Governments may make changes without or with limited notice to routes, schedules, cancel services, or change entry, visa, health or quarantine requirement or make other decisions that impact your travel plans. If this occurs, we will work with you to minimise the impact on your travel, however Heart of Turkey Tours are not responsible for any losses or additional costs that arise.
4. YOUR DETAILS
4.1 Passenger names must be provided exactly as per passport, including middle names, at the time of booking. A copy of your passport is required at the time of booking.
4.2 Any corrections required after a deposit is paid must be sent to us in writing. If you do not advise the correct information and we have to arrange for the re-issue of airline tickets or other documentation, then you will be required to pay any fees charged (such as airline cancellation charges or re-issue fees) and our own administration fees in addition.
5. YOUR OBLIGATION TO CHECK DETAILS
5.1 Please check your confirmation invoice carefully as soon as you receive it. Please contact us immediately if any
information on the confirmation invoice or any other document appears to be incorrect or incomplete as it may not be
possible to make changes later.
5.2 We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within seven business days of our sending it out. We will do our best to rectify any mistake notified to us outside of the time limit, but you must meet any costs involved in doing so. If you wish to change or cancel any arrangements later, you may have to pay an amendment or cancellation charge.
6. PRICES
General:
6.1 Prices and services are subject to availability of tour, airline, and specific economy airfare.
6.2 Prices may differ once a preferred booking class is sold out.
6.3 Prices stated are in New Zealand Dollars (NZD) and are current at the time of publication. The most up to date pricing is available on our website. The price includes accommodation, entrance fees, transportation and other inclusions as per the published itinerary.
6.4 Heart of Turkey Tours reserves the right to release specials which are applicable to new bookings only. We also reserve the right to correct any obvious errors in rates quoted or calculated, or any omissions made at any time during your booking. Any verbal quote given is an indication only of the final price and is subject to confirmation in writing.
6.5 Costs associated with passports, vaccinations, insurance, meals (other than those stipulated), emergency evacuation
costs, gratuities, and all items of a personal nature are not included.
Itinerary Deviations:
6.6 All tour prices indicated on the heartofturkeytours.com website are based on group travel and any deviation from the set itinerary required by tour providers, transport providers, accommodation providers and airlines in Turkey may incur additional costs to the customer.
7. PAYMENTS:
Deposit:
7.1 You are required to pay a deposit of $300 per person or full payment if booking within 60 days of commencement of your travel arrangements to Heart of Turkey Tours Ltd within five days of you making your booking request.
7.2 We may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.
7.3 In some cases the amount of the deposit may be increased where, for example, we need to pre-purchase flight tickets, accommodation or other services.
Balance Payment:
7.4 The final balance of the travel arrangements is due no later than 60 days prior to the confirmed tour commencement date. If we do not receive all payments due in full and on time, Heart of Turkey Tours is entitled to assume that you have cancelled your booking, and cancellation fees will apply (See "Cancellations by You" below).
Card Processing Fees:
7.5 Any payments made where surcharges apply including but not limited to by credit or debit cards will be subject to a processing fee, which represents the cost charged to us to process the payment.
8. AMENDMENT FEES:
8.1 Heart of Turkey Tours will endeavor to accommodate amendments and additional requests after booking. You acknowledge that these may not be possible to fulfill. We may charge an amendment fee.
8.2 Re-issue, amendment and upgrade conditions are subject to the terms and conditions of the relevant supplier. You will also be required to pay any additional costs charged by our suppliers.
9. AMENDMENTS BY US
Prior to travel:
9.1 Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this.
9.2 If we become aware of a significant change to your itinerary or its inclusions prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.
During travel:
9.3 You acknowledge that the itinerary, modes of transport, accommodation and/or the trip's inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, tour operator changes, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.
General:
9.4 To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond our control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications. If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept. We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions.
10. CANCELLATION BY YOU
Group Tours:
10.1 Cancellations must be made in writing to Heart of Turkey Tours and are subject to the following cancellation charges (Cancellations are also dependent upon other additional charges imposed for air tickets as referred to below) from the date the written cancellation is received:
- More than 60 days prior to departure; loss of deposit
- Between 60 and 50 days prior to departure; 25% of total cost
- Between 50 and 40 days prior to departure; 50% of total cost
- 40 days or less prior to departure; 100% of total cost
- Any 'no show'; 100% of total cost
Internal Turkey Airfare Tickets:
10.2 If airline tickets have been issued, the rules of the airfare will determine cancellation and/or amendment charges. It is often the case that air tickets are non-refundable.
10.3 Following the commencement of your tour, no refunds will be made for any services which you choose not to use or which you cannot use for any reason.
Illness preventing travel:
10.4 If due to any illness or suspected illness:
- an airline or other common carrier refuses you carriage;
- a hotel or vessel refuses to accommodate you; or
- we or our Suppliers (acting reasonably) exclude you from the trip and you are consequently prevented from commencing or continuing your trip, then:
- if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
- if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
10.5 We will not be liable to refund the cost of your trip (or any part of it) as we would have already paid (or committed to pay) Suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
10.6 We will not be responsible for any loss or other costs you incur in connection with your booking if you are prevented from commencing or continuing your trip in these circumstances.
11. CANCELLATIONS OR RESCHEDULING BY US:
11.1 Heart of Turkey Tours endeavors to provide you with all the services confirmed to you at the time of your booking. However, we plan arrangements a long time in advance of your departure date using independent suppliers such as airlines, hotels, etc. over whom we have no direct control. On occasions that changes do have to be made we reserve the right to cancel or amend bookings accordingly and will not be liable for any other expenses or loss incurred.
Force Majeure:
11.2 In these Booking Terms and Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to:
11.2.1 natural disasters (including but not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels.
11.2.2 war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts.
11.2.3 epidemic, pandemic.
11.2.4 any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).
Cancellation or Change to Travel Arrangements due to Force Majeure
11.3 If Heart of Turkey Tours, in its reasonable opinion, considers that any Force Majeure event prevents us (whether directly or indirectly through its employees, contractors, subcontractors and agents) from lawfully or safely providing any products or services subject to the booking contract with you, we may immediately by written notice:
11.3.1 terminate your booking contract (in whole or in part); or
11.3.2 change your travel arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.
11.4 If we cancel any of your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will refund payments attributable to the cancelled travel arrangements less:
11.4.1 unrecoverable third-party costs and other expenses incurred by us for the cancelled travel arrangements;
11.4.2 overhead charges incurred by us relative to the price of the cancelled travel arrangements; and
11.4.3 compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.
11.5 If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
11.6 You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events.
Other cancellations:
11.7 Minimum Numbers: Heart of Turkey Tours reserves the right to cancel or vary a tour prior to departure due to insufficient numbers. We will advise you no less than 60 days prior to your tour commencement if minimum numbers have not been achieved.
11.8 If we cancel your travel arrangements, neither party will have any claim for damages against the other. However, we will refund payments made by you less unrecoverable third-party costs and less fair compensation for work undertaken by us up until the time of termination and in connection with the processing of any refund.
12. CANCELLATION DUE TO GOVERNMENT OR PUBLIC HEALTH AUTHORITY
12.1 If you are ordered into a period of quarantine by a government or public health authority as a mandatory directive for any reason and this requires you to cancel or amend your travel arrangements with us within 60 days of your departure date, Heart of Turkey Tours will not be liable for any third-party costs, cancellation fees or prepaid arrangements such as (but not limited to) airfares and cruise ship bookings.
12.2 We will not be responsible for any additional cost incurred to you while on tour if you are instructed by a government or public health authority to enter into a period of quarantine or to return home early, this includes any extra accommodation costs or amendments to your onward travel arrangements.
12.3 Heart of Turkey Tours will endeavor to recover as much of your funds as we can on your behalf, or negotiate a credit for future use, should a disruption to your tour arrangements occur due to a government or public health authority directive.
12.4 Heart of Turkey Tours highly recommends you investigate and secure travel insurance options that best suit your individual circumstances, including any applicable to pre-existing medical conditions and world events.
13. REFUSAL OF CARRIAGE
13.1 Heart of Turkey Tours retains the right to remove customers from our group tours for reasons that impact on the enjoyment or safety of other tour members, such as, but not limited to, the physical, medical or mental inability of customers to undertake the arrangements of the tour, unsocial or unruly behaviour, or the carriage of prohibited substances and materials.
13.2 You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.
14. HOTELS
14.1 Hotel descriptions featured on heartofturkeytours.com are based on current hotel guides provided by suppliers.
14.2 Any facilities described are subject to change at any time. Information and photographs are included for general information only.
14.3 We reserve the right to substitute hotels, transport and providers with those of a comparable or higher standard.
15. TRAVEL INSURANCE
15.1 All passengers are advised to obtain appropriate comprehensive travel insurance immediately after booking. This is because cancellation fees and charges are payable from that time.
15.2 It is the customer’s responsibility to obtain and understand the terms of their policy. Heart of Turkey Tours is not an insurer and does not provide advice regarding travel insurance policy detail.
16. HEALTH REQUIREMENTS
16.1 At the time of booking, any disability, dietary requirements or medical, health, physical, psychological, or behavioral condition that may require assistance while on tour must be disclosed.
16.2 It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip. If you suffer from a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us at the time you make your booking request.
16.3 We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance from personnel which we cannot reasonably provide, then we may cancel your booking. If you fail to notify us at the time of booking or if you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you.
16.4 We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide. We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.
17. SHOPPING AND INDEPENDENT SERVICES
17.1 Heart of Turkey Tours is neither qualified nor permitted to ensure or guarantee the quality or value of any goods purchased or the suitability of any retail outlets visited and the security of using a credit card to purchase such goods.
17.2 In all cases the purchasing of goods and the use of a debit or credit card for those transactions is entirely at the customer's own risk and at all times the customer must use their own discretion.
17.3 Leisure activities and services undertaken during free time is at the customer's own risk and discretion. We are not responsible for any additional activities or excursions which are not included in the booked itinerary. Any advice or recommendation made by a guide or local provider does not make us responsible.
18. ACCEPTANCE OF RISK
18.1 You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or the visiting of destinations which present geographical, political or cultural risks and dangers.
18.2 You should consult guidance issued by the Ministry of Foreign Affairs and Trade applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of this guidance, and you accept any additional personal risks associated with your travel.
18.3 To the fullest extent permitted by law, we disclaim any liability for these risks.
19. INDEPENDENT PROVIDERS
19.1 Where a third party over whom we have no direct control (Independent Provider) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select an experienced Independent Provider and arranging for them to provide those travel arrangements to you.
19.2 Independent Providers over whom we have no direct control include but are not limited to airlines, hoteliers, independent transport companies (i.e., vehicles not operated by us) and tour / travel agencies.
19.3 We act as an intermediary only and you will be subject to the terms and conditions of the Independent Provider.
19.4 Any disputes between you and the Independent Provider are to be resolved between you and them.
19.5 To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Provider.
20. GENERAL LIABILITY LIMITATION AND INDEMNITY
20.1 You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in New Zealand.
20.2 Any term, condition or warranty expressly or implied by statute or otherwise in respect of the travel arrangements or services are excluded to the full extent permitted by law.
20.3 To the full extent permitted by law, our maximum liability to you under these Terms and Conditions, in tort (including negligence) or at law:
20.3.1 is limited to arranging for the travel arrangements to be resupplied or the equivalent cost of supplying those travel arrangements; and
20.3.2 excludes liability for any indirect or consequential losses suffered by you or any third party however caused, including but not limited to pure economic loss or any special, extraordinary or punitive damage to you or any other party.
20.4 You agree to indemnify Heart of Turkey Tours and its directors, officers and employees against any loss, including legal fees, or liability arising from your own conduct or breach of this agreement.
21. PROCEDURES FOR LODGING COMPLAINTS OR CLAIMS
21.1 Should the customer not be satisfied with any aspect of their arrangements they must immediately inform Heart of Turkey
Tours and we will endeavor to resolve the issue at the time.
21.2 If this is not possible and you wish to lodge a complaint or claim this must be done in writing to Heart of Turkey Tours (or by email to heartofturkeytours@gmail.com) within 30 days of the date of the completion of your Heart of Turkey Tours travel arrangements. Relevant receipts and substantiating evidence must be attached to the letter of claim.
22. PRIVACY
22.1 We are collecting your personal information so that we can process your booking. We will also keep you up to date with other Heart of Turkey Tours offers and product information that may be of interest to you if you have consented to this. You can opt out of receiving information at any time if you choose to do so.
23. BROCHURE VALIDITY
23.1 Tour itineraries and prices on the Heart of Turkey website are accurate at the time of printing and prices are based on exchange rates as at the time of the tour price being first advertised.
23.2 As soon as the customer has paid the deposit, the standard regular price of the tour is guaranteed, subject to any increase in fuel surcharge or levies imposed by any government or their agencies or any airline, hotel or other local provider.
23.3 Prices are subject to change without notice. Heart of Turkey Tours reserves the right to make alterations to itineraries, departure dates and prices due to circumstances beyond its control.
24. LAW OF CONTRACT
24.1 This contract is governed by the laws of New Zealand and any legal action arising there from shall be litigated only in the appropriate court in New Zealand.