GENERAL TRAVEL CONDITIONS NAMİLA TOUR

The following definitions apply in these Travel Conditions:

A. Travel organizer; a person who, in the course of his or her business, offers pre-arranged trips on his or her own behalf to the public or to a group of persons.

B. Travel contract; an agreement whereby a tour operator undertakes to the other party to provide a pre-organized trip, an overnight stay or a period of more than 24 hours offered by it, as well as at least two of the following services:

• B.1. Transportation;
• B.2. Accommodation;
• B.3. Any other tourism service not related to transportation or accommodation that forms a substantial part of the journey;

C. Traveler;

• C.1. the other party of the tour operator; or
• C.2. the person for whose benefit the trip is conditioned and who accepts that condition; or
• C.3. the person to whom the legal relationship with the tour operator is transferred in accordance with Article 8 of these terms and conditions.

D. Booking office; the company that acts as an intermediary between the traveler and the tour operator when concluding the travel contract.

E. Working days; Monday through Saturday, excluding recognized holidays.

F. Office hours (excluding recognized holidays).

ARTICLE 1 - CONCLUSION AND TABLE OF CONTENTS

Article 1, paragraph 1

The agreement ends when the traveler accepts the tour operator's offer. Acceptance can take place directly or through the intermediation of a booking agent.

Once the agreement has been made, the traveler will receive a confirmation of this in writing or electronically, possibly in the form of an invoice.

ARTICLE 2 - RESERVATION

Article 2, paragraph 1

The tour operator's offer is non-binding and can be canceled if necessary. Withdrawals must be made as soon as possible, but no later than 2 working days from the date of acceptance, stating the reasons. Cancellation is allowed due to correction of errors in the calculation of the trip total. Withdrawal due to an increase in the travel amount must comply with the requirements of Article 4.

Article 2, paragraph 2

A. The agreement provides the booking office or travel organizer with all information about itself and the traveler before or at the latest when the agreement is concluded with the travelers registered by it that may be important for the conclusion or implementation of the agreement. It also mentions details about the quality or composition of the group of travelers registered by him, which may be important for the proper conduct of the trip by the tour operator.

B. If the passenger(s) fails to fulfill this obligation to provide such information and as a result such passenger(s) is (further) excluded from participation in the trip by the tour operator in accordance with the provisions of paragraph 2 of Article 15, he/she shall be compensated for the costs referred to in this Article.

Article 2, paragraph 3

A. A person who concludes a contract on behalf and account of another person (the applicant) is jointly and severally liable for all obligations arising from the contract.

B. Passenger(s) are responsible for their own share.

Article 2, paragraph 4

The scope of contractual services derives from the description of the services in the publication in force at the time and the general information contained therein or from a specific travel prospectus published at the time, as well as from the relevant information in the travel confirmation documents. If it concerns the booking of a special offer, the scope of the contractual services is limited to the description of the services included in that special offer, even if the travel or related services are covered in more detail in a publication in force at the time. Intermediary travel agents are not authorized to promise a wider range of services beyond those mentioned in publications and/or special offers, if express authorization to do so has been given by the tour operator. In any case, these commitments are contractual only if the tour operator has confirmed this in writing. Obvious mistakes and errors in a publication do not bind the tour operator.

Article 2, paragraph 5

Individual passenger wishes regarding the excursion not specified in the publications (e.g. sea view rooms, adjoining rooms, etc.) are not binding. The travel organizer will make every effort to comply with this, unless this cannot reasonably be expected of it. Commitments in this case require the express written consent of the tour operator. Performance commitments by third parties at the travel destination (e.g. in relation to excursions, cruises, sporting events, etc.) are not part of the travel contract with the tour operator.

Article 2, paragraph 6

For trips involving transportation, the duration of the trip is indicated in the announcement in days, the days of departure and arrival are counted as full days, regardless of the time of departure and arrival. For the transportation components of the trip, the departure and arrival times will be indicated in the travel documents. These times are final. The tour operator may deviate from these times only for justified reasons and within reasonable limits. In this case Articles 11 and 12 do not apply.

Article 2, paragraph 7

The tour operator is not responsible for general information contained in photos, folders, advertisements, websites and other information carriers, as long as it is edited or published under the responsibility of third parties.

ARTICLE 3 - PAYMENT

Article 3, paragraph 1

For bookings made up to 42 days before the day of departure, 30% of the trip amount must be paid upon confirmation. The remaining amount is due 42 days before departure.

Article 3, paragraph 2

The remainder of the trip amount must be in the possession of the booking office no later than six weeks before the day of departure (for own transportation trips, before the arrival date of the first booked accommodation). In case of late payment, the traveler is in default. He/she will be informed about this in writing by or on behalf of the tour operator and will then have the option to pay the amount still owed within 7 working days. If payment is still not made, the contract will be deemed terminated on the day of default. The tour operator is entitled to claim the cancellation costs owed for this. In this case the provisions of Article 9 shall apply and the amounts paid shall be deducted from the cancellation fee.

Article 3, paragraph 3

If the agreement is made 6 weeks before the departure day, the full amount of the trip must be paid immediately.

ARTICLE 4 - TRAVEL TOTAL

Article 4, paragraph 1

The published trip amount applies per person unless otherwise stated. The trip amount applies regardless of whether the customer uses some of the services offered as part of the trip. If the customer does not wish to use parts of the trip, these are not deducted from the trip amount.

Article 4, paragraph 2

The published trip amount is based on prices, exchange rates, fees and taxes known to the tour operator at the time of publication.

Article 4, paragraph 3

Unless the full amount of the trip has been paid, the tour operator has the right to increase the trip amount up to 20 days prior to the day of departure in connection with changes in transportation costs (including fuel costs), taxes and fees. necessary price increases and prevailing exchange rates. This increase will be notified to the traveler without delay. The travel organizer will show how the increase is calculated.

Article 4, paragraph 4

The passenger has the right to refuse the travel amount increase referred to in the preceding paragraphs. Subject to a forfeiture penalty, he/she must exercise this right within 3 working days from the date of receipt of the notification of the increase. If the traveler refuses the travel amount increase, the travel organizer has the right to cancel the contract.

ARTICLE 5 - INFORMATION

Article 5, paragraph 1

At the latest when the agreement is made, the passenger will be provided by or on behalf of the tour operator with general information about passport, visa and any health formalities. The passenger will receive the necessary additional information from the relevant authorities and will also check in good time before departure whether the information previously obtained has been changed during this period.

Article 5, paragraph 2

In the event that the passenger is unable to (fully) carry out his/her trip due to the absence of any (valid) document, this shall be at his/her expense with all the relevant consequences, unless the tour operator has promised to provide this document and the lack of this document has been rectified. Whether the tour operator to whom it is attributed has fulfilled the obligation to provide the information referred to in the previous paragraph. In the event that the passenger is unable to participate in the trip due to his/her own negligence due to the absence of any (valid) documentation, the travel organizer shall consider this as a cancellation and shall accordingly charge the cancellation costs in accordance with the provisions of Article 9, paragraph 1.

Article 5, paragraph 3

The traveler must have a valid passport or, where permitted, an identity card and the necessary documents such as required visas, proof of vaccination and vaccinations, driver's license and green card at the time of departure and during the trip.

Article 5, paragraph 4

The passenger will be informed about the possibility of taking out cancellation insurance and travel insurance by or on behalf of the travel organizer.

Article 5, paragraph 5

The travel organizer is not responsible if the passenger is prevented from participating in any part of the trip (e.g. transportation) due to a violation of a customs procedure.

ARTICLE 6 - TRAVEL DOCUMENTS

Article 6, paragraph 1

The necessary travel documents will be issued to the passenger no later than 7 working days before the day of travel, unless this period is exceeded or needs to be corrected for justifiable reasons.

Article 6, paragraph 2

If a trip is booked 10 days before the day of departure, the travel organizer or booking office will indicate when and how the required travel documents will be made available to the passenger. If the passenger has not received it properly, he/she shall immediately report this to the travel organizer or booking office.

ARTICLE 7 - CHANGES MADE BY THE TRAVELER

Article 7, paragraph 1

A. Reservation change

If, after the booking has been made, you request changes to the departure and return dates, travel time, maintenance, airline, room layout, room type, accommodation, destination and travel group, this is considered a cancellation. A reduction in the number of participants is considered a (partial) cancellation to which Article 9 applies.

B. Reservation change on the website

If you wish to make changes or modifications to the excursion location, you must contact the tour guide. All related costs must be paid locally. You should also take into account that you often have to pay again for the changed return flight. In this case, a refund of (part of) the trip amount is not possible.

C. Name changes

Name changes made up to 35 days prior to departure will incur a fee of €50. After that, name changes are considered as cancellations and the conditions of Article 9 apply.

D. Name corrections

It is extremely important that the name on your plane ticket matches the name on your passport or ID card. If the name is different, the airline may refuse to check you in, which can cause last-minute problems and additional expenses at your own expense. Therefore, check in good time that the spelling on your booking number and ticket is correct. In case of name corrections (e.g. typos in the name) within 8 days before departure, €50 per ticket will be charged. 7 days before departure, the costs are considerably higher and partly depend on the airline.

Article 7, paragraph 2

The request will be decided as soon as possible. The refusal will be justified and the traveler will be informed without delay. The traveler can either maintain the original contract or cancel it. In the latter case, Article 9 applies. In case the traveler does not respond to the rejection of his request, the original contract will apply.

Article 7, paragraph 3

Changes will usually not be possible from 28 days before the day of departure, which does not change the fact that the travel organizer will still try to change the contract if reasonably possible.

ARTICLE 8 - SUBSTITUTION

Article 8, paragraph 1

A. The passenger can be replaced by another person on time before the start of the trip. The following conditions apply for this:

• A.1- the other party fulfills all conditions attached to the contract; and
• A.2- the request is submitted no later than 7 calendar days prior to the departure or within such period that the necessary procedures and formalities can still be carried out; and
• A.3- the terms and conditions of the service providers involved in the application do not oppose this modification.

B. The applicant, the passenger and his/her substitute shall be jointly and severally liable to the tour operator for the part of the travel fare still owed and for the payment of the modification and communication costs referred to in paragraph 1 of Article 7.

Article 8, paragraph 2

The applicant, the passenger and his or her substitute are jointly and severally liable to the travel organizer for payment of the amount of the travel still owed, the costs of changes and communications referred to in paragraph 1 of Article 7 and all other costs.

ARTICLE 9 - CANCELED BY THE TRAVELER

Article 9, paragraph 1

In the event of cancellation of an agreement, cancellation costs are payable for each passenger in addition to the booking costs owed. For cancellations of all other agreements to which these terms and conditions apply, the general provisions of section 1 apply. If a trip consists of different parts to which different cancellation provisions apply, the specific provisions applicable to each part apply.

• A. In case of cancellation from the day of departure until day 42 (excluding): deposit.
• B. For cancellations before the departure day from day 42 (inclusive) to day 28 (exclusive): 35% of the trip amount.
• C. For cancellations before the departure day from day 28 (inclusive) to day 21 (exclusive): 40% of the trip amount;
• D. For cancellations before the day of departure from day 21 (inclusive) to day 14 (exclusive): 50% of the trip amount;
• E. In case of cancellation from day 14 (inclusive) to day 5 (exclusive) of departure: 75% of the trip amount;
• F. In case of cancellation from the 5th day (inclusive) until the day of departure: 90% of the trip amount;
• G. In case of cancellation on or after the day of departure: full travel amount.

Article 9, paragraph 2

The cancellation costs specified in this article may not exceed the amount of the trip.

Article 9, paragraph 3

The passenger is free to show that the damage suffered by the travel organizer is less than the amounts referred to in paragraph 1 or that the travel organizer has not suffered any damage.

Article 9, paragraph 4

If there is no cancellation and the passenger chooses to substitute, Article 8 applies.

Article 9, paragraph 5

The above rules regarding cancellation also apply to flight bookings only, without accommodation arrangements.

Article 9, paragraph 6

Different cancellation provisions may apply to certain trips or parts of trips, e.g. cruises, planned business trips and round trips, if these are clearly stated in advance in the relevant publication.

Article 9, paragraph 7

A. Cancellation of a contract by one or more travelers who have booked accommodation together in a hotel room, apartment, holiday home or other accommodation is considered cancellation of all contracts, so that all travelers must pay the amounts specified in the previous paragraphs.

B. If the remaining passengers wish and the group sizes appear in the price table for this accommodation, the respective agreements will remain in force. In this case the provision in C applies.

C. Passengers indicated in B must pay the travel amount indicated in the price table for the remaining number of passengers.

D. If the remaining passengers wish to make a new agreement for the same duration and the same accommodation, the cancellation fees for the remaining passenger(s) will be deducted from the new trip amount(s). Meanwhile, the total cancellation fee and increased trip amount(s) may never exceed the total trip amount for the original passengers.

Article 9, paragraph 8

A cancellation by the Traveler will only be processed during working hours on working days. Cancellations made outside of these business hours will be deemed to have been made on the next business day. Cancellation by e-mail is not sufficient, it must be made in writing. The traveler is advised to sign a cancellation agreement.

ARTICLE 10 - CANCELLATION BY TOUR ORGANIZER

Article 10, paragraph 1

Termination by NAMİLA TOUR

A. NAMİLA TOUR has the right to cancel the contract due to serious circumstances.

B. Serious circumstances means circumstances of such a nature that it would not be reasonably necessary for NAMİLA TOUR to be further bound by the contract.

C. If the reason for the cancellation is attributable to the passenger, the resulting damage shall be borne by the passenger.

ARTICLE 11 - CHANGE, POSSIBLY FOLLOWED BY CANCELLATION BY THE TOUR ORGANIZER

Article 11, paragraph 1

A. The tour operator has the right to change the agreed services due to serious circumstances described in more detail in paragraph 1 of Article 10.

B. If the change concerns one or more essential points, the passenger may refuse the change(s).

C. If the change concerns one or more non-essential points, the passenger may only reject the change if it causes him or her a more than trivial disadvantage.

D. If the travel organizer saves money as a result of the change, the traveler is entitled to this savings amount on their behalf.

Article 11, paragraph 2

A. In case of changes, the tour operator will, if possible, make an alternative offer to the passenger. It does so within 72 hours (3 working days). 10 days before departure (before the arrival date of the first booked accommodation for own transportation trips), a period of 24 hours (1 working day) applies.

B. The alternative offer must be at least equivalent. The equivalence of the alternative accommodation must be assessed against objective standards and determined in accordance with the following conditions, which must be understood to mean the alternative offer:

• location of the accommodation at the place of arrival;
• the nature and class of the accommodation;
• the facilities offered by the accommodation.

The assessment referred to here should take into account the following:

• composition of the travel group;
• information communicated in writing to and by the tour operator;
• the verified special characteristics or conditions of the passenger(s) concerned, as specified as necessary by the passenger(s);
• deviations from or additions to the itinerary requested by the passenger and confirmed in writing by the travel organizer.

Article 11, paragraph 3

A. A passenger exercising the right to refuse the change or alternative offer pursuant to the preceding paragraphs must do so within 72 hours (3 working days) of receipt of the message concerning the change or alternative offer.

B. In this case the tour operator has the right to cancel the contract immediately. In this case, the passenger is entitled, without prejudice to the stated right to compensation, to obtain forgiveness or reimbursement of the amount of the trip (or, if the trip was partially utilized, reimbursement of a proportionate part thereof) within 2 weeks.

Article 11, paragraph 4

A. If the cause of the change is attributable to the travel organizer, the damage suffered by the traveler will not be borne by the travel organizer. Whether this is the case is determined according to the following:

B. If the cause of the change is attributable to the passenger, the resulting damage shall be borne by the passenger.

C. If the cause of the change cannot be attributed to either the traveler or the tour operator, each party shall bear its own losses as further described in Article 13.

Article 11, paragraph 5

If a substantial part of the services to which the agreement relates cannot be provided after the start of the agreed trip, the tour operator shall ensure that suitable alternative arrangements are made for the continuation of the trip.

ARTICLE 12 - LIABILITY AND FORCE MAJEURE

Article 12, paragraph 1

Without prejudice to the provisions of Articles 10, 11, 13 and 14, the tour operator is obliged to perform the contract in accordance with the expectations that the traveler may reasonably have on the basis of the contract.

Article 12, paragraph 2

If the trip does not proceed in accordance with the expectations referred to in paragraph 1, the passenger is obliged to inform the persons concerned as soon as possible as provided for in Article 16, paragraph 1. The tour operator shall, depending on the circumstances, provide assistance to the passenger if the trip is not proceeding in accordance with the expectations that he or she could reasonably have had on the basis of the agreement. If the cause is attributable to the passenger, he is exempted from any form of assistance or compensation.

Article 12, paragraph 3

Force majeure is an abnormal and unforeseeable situation that is independent of the will of the person who caused it and whose consequences cannot be avoided despite all precautions.

ARTICLE 13 - EXCLUSION AND LIMITATION OF LIABILITY OF THE TRAVEL ORGANIZER

Article 13, paragraph 1

If the travel organizer is liable for damage suffered by the passenger in accordance with Article 12, its liability shall be limited or excluded in accordance with the relevant international conventions. It shall also not be liable for damages for which compensation is claimed under travel and/or cancellation insurance.

Article 13, paragraph 2

If the travel organizer is liable to the passenger for loss of travel pleasure, the compensation may not exceed the amount of the trip.

Article 13, paragraph 3

Without prejudice to the provisions of the preceding paragraphs of this Article, the liability of the travel organizer for damages other than death or injury to the passenger shall be limited to a maximum of three times the amount of the trip, unless there is intent or gross negligence on the part of the passenger.

Article 13, paragraph 4

The tour operator is only liable for damage to persons or property per trip or per trip not caused by intent or gross negligence.

Article 13, paragraph 5

The tour operator is not responsible for damages caused by third parties.

Article 13, paragraph 6

The exclusions and/or limitations of the tour operator's liability contained in this article shall also apply to employees of the tour operator, the booking office and related service providers and their staff, unless excluded by contract or law.

Article 13, paragraph 7

The passenger shall not be entitled to set off the travel organizer's claim for compensation against the travel organizer's pending claim against him/her with a counterclaim, unless such counterclaim is undisputed and legally binding.

Article 13, paragraph 8

If the traveler requests compensation, reimbursement of expenses incurred, reimbursement or reduction of the amount of the trip, he/she must notify the tour operator within one month from the return date specified in the contract. This must be done in writing, specifying the dates of travel and the reservation number. After the expiry of the one-month period, this request is only possible if the late delivery is not attributed to him. Tour guides, flight attendants, travel agents, local representative, etc. are not authorized to take these reports into account.

Article 13, paragraph 9

The tour operator assumes no responsibility and/or duty to intervene in situations arising from the use of narcotic and non-narcotic stimulants, as well as theft and/or possession of protective and/or antique items. In general, this also includes all actions performed by the traveler that directly contravene local regulations.

ARTICLE 14 - OBLIGATIONS OF THE TRAVELER

Article 14, paragraph 1

The passenger(s) are obliged to comply with all instructions of the tour operator to promote the proper conduct of the trip and are liable for damages resulting from their unauthorized behavior, to be judged on the basis of conduct. Each traveler must confirm the exact departure time with the tour guide or the tour operator's local agent no later than 24 hours before the specified departure time for the return journey.

Article 14, paragraph 2

A passenger who causes or may cause such inconvenience, which makes it difficult for the proper conduct of a trip, may be excluded from the (continuation of) the trip by the tour operator, if this is not reasonably possible. If the inconvenience or the consequences of the inconvenience are attributable to him/her, all expenses thereafter are for the passenger's account. If the cause of the exclusion cannot be attributed to the passenger, the amount of the trip or part of it will be refunded to him.

ARTICLE 15 - TRANSIT FLIGHTS AND TRANSFERS

Article 15, paragraph 1

Short flight times, long-haul flights, aircraft, flight personnel or stopovers are expressly reserved, unless they affect the general nature of the booked trip. The overall nature of the trip is deemed to be affected if its value or soundness is canceled or reduced according to custom or according to the provisions contained in the contract for the purpose of the trip. This is determined on the basis of travel time, travel duration and travel total.

Article 15, paragraph 2

In the event that the passenger, for reasons of his/her own, is not informed by the travel organizer of changes in the flight plan or is not informed in time, the travel organizer shall not be liable for any damages resulting therefrom. A genuine effort has been made to reach the passenger on time. The passenger also has a duty to take measures to ensure that he/she is informed of short-term changes.

Article 15, paragraph 3

Children aged 0-2 years do not have a seat or their own baggage, as long as they are only paid for their participation in the flight.

Article 15, paragraph 4

The preceding paragraphs also apply to air transportation booked without accommodation arrangements. Within 48 hours prior to the day of the return flight, the passenger must confirm the travel times, inform the tour operator's representative of his/her location and the telephone number where he/she can be reached, as specified in the travel documents.

ARTICLE 16 - INTEREST AND COLLECTION COSTS

Article 16, paragraph 1

The traveler who fails to fulfill his/her financial obligation to the tour operator on time owes 1% interest on the amount still owed for each month or part of a month of delay. He/she is also obliged to reimburse non-judicial collection costs of at least €45, corresponding to 15% of the amount claimed, unless this amount is unjustified, taking into account the collection activities.

ARTICLE 17 - COMPLAINTS

Article 17, paragraph 1

Any deficiency identified in the application of the agreement referred to in paragraph 2 of Article 12 must be reported to the tour guide as soon as possible so that they can find an appropriate solution. If the deficiency cannot be remedied within a reasonable time and affects the quality of the trip, it must be reported to the tour guide immediately. This must also take place if the traveler believes he/she is entitled to any compensation.

Article 17, paragraph 2

If the deficiency has not yet been satisfactorily remedied and gives rise to a complaint, the traveler must notify the tour management (complaint report) or, if possible, the tour operator in writing as soon as possible. If the complaint has not been satisfactorily resolved, it must be submitted in writing and with reasons to the travel organizer within 14 working days, as provided for in Article 13 paragraph 7. If the complaint is a consequence and not a practice, an agreement must be submitted to the tour operator within one month of the traveler becoming aware of the facts to which the complaint relates.

Article 17, paragraph 3

The invalidity of individual clauses does not result in the invalidity of the entire contract. The laws of Turkey apply to all disputes between the tour operator and the traveler. The traveler who does not wish to benefit from the binding advice procedure referred to in the previous paragraph has the right to apply to the competent court. This right expires one year after the end of the trip (or one year after the original departure date, if the trip has not taken place). Only a Turkish court is authorized to consider these disputes.