ANTlink Travel Intermediation Agreement

ANTLIink Travel Intermediation Agreement

1. PARTIES
1.1 This Travel Intermediation Agreement (“Agreement”) is entered into by and between ANTLINK TURIZM TICARET ANONIM SIRKETI (“ANTLINK”), a company duly incorporated under the laws of the Republic of Turkiye, holder of the registered office at Altındag Mah. 100. Yıl Bul. Nr:12 / 202 Muratpasa/ANTALYA and bearing tax identification number 0700725146, on the one part; and the customer (“Customer”), a citizen of ………………………….. and holder of ID Card /Passport number …………………………, whose signature appears below, on the other part.
This Agreement shall enter into force on the date of execution by the free will of the Parties. By accepting this Agreement, the Customer acknowledges, declares and undertakes that they have understood and shall comply with the rules set forth herein.

2. DEFINITIONS
2.1. Service Provider: Refers to natural and/or legal persons providing travel, accommodation, transportation and other related services to the Customer. The Service Provider is not ANTLINK. The Service Provider implies natural and/or legal persons from whom the Customer directly receives services.
2.2. Customer: Refers to the individual applying to ANTLINK to benefit from travel intermediation services and to become a party to this Agreement.
2.3. Hotel/Accommodation Facility: Refers to the accommodation establishment to which Customers are directed, where accommodation services are provided under this Agreement.
2.4. Transportation: Refers to the necessary transportation services (airport transfer, inner-city transfer, intercity transfer, international transfer, etc.) arranged by the Service Provider or by ANTLINK in order for the Customer to benefit from travel and tourism services within the scope of this Agreement.

3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is to regulate that ANTLINK provides travel intermediation services upon the Customer’s request and, in this context, ensures the arrangement of services such as accommodation, transportation and travel; and to set out the principles of price and payment, as well as the rights and obligations of the Parties.
3.2. ANTLINK is not a Service Provider, but an intermediary institution that serves to access Service Providers.
3.3. Under this Agreement, the Customer acknowledges, declares and undertakes that ANTLINK, acting as an intermediary institution, has provided them with prior information regarding the travel intermediation services and that they shall act in accordance with such information and comply with this Agreement.
3.4. The Customer acknowledges and undertakes that he accepts the service provided by ANTLINK as an intermediation service and that, in the event of any dispute arising from delay, deficiencies or malfunctions during the intermediation services provided under this Agreement, such as hotel, package tour, transportation arrangements and accommodation arrangements, the responsible counterpart shall be the actual Service Provider.
3.5. The Customer declares that they have provided accurate identification and contact information and that there doesn’t exist any impediment preventing them from traveling. In the event if ANTLINK suffers any loss due to the provision of incorrect information by the Customer, the Customer accepts, declares and undertakes to compensate such loss immediately and without delay, and acknowledges that they may be contacted via the contact information provided. The Customer is personally responsible for any incomplete information and documents supplied by them.
3.6. In case the Customer, despite the information and details provided by ANTLINK, is late for or misses transportation or Service Provider facilities, all additional costs shall be borne by the Customer.

4. AGREEMENT PRICE AND METHOD OF PAYMENT
4.1. The fee payable by the Customer to ANTLINK in consideration for the intermediation services to be provided shall be expressly notified prior to the reservation and determined by mutual agreement of the Parties.
4.2. Service fees shall be collected separately or in whole for the organization and coordination of accommodation, transportation (by air, sea, bus), guidance, transfers, visa procedures and other travel services. Services not included in the prices shall be specified separately.
4.3. The Customer is obliged to pay the specified service fee in due time. In the event of non-payment, ANTLINK reserves the right to suspend or cancel the provision of services.
4.4. Following the collection of the service fee, ANTLINK shall issue an invoice.
4.5. The Customer is obliged to pay in full the price of the service and the purchased tourism activity together with making the reservation. In case of installment payments, the outstanding balance must be fully paid before the commencement of travel. If payment is not made, the reservation shall be cancelled.
4.6. Payments may be made in cash, by bank transfer, or through a Credit Card Payment Link created by the contracted bank. If the Customer makes payment in cash, ANTLINK shall deposit the payment into the bank on behalf of the Customer since, pursuant to the General Communiqués on the Tax Procedure Law, on the matter that cash payments exceeding TRY 30,000 must be made through banks.
4.7. After the reservation is made, in cases where the Customer refuses to sign any contract or document presented by the Service Provider, fails to fulfill obligations mutually agreed upon and executed, or similar circumstances, no refund shall be made.
4.8. Should the Customer, on the dates stipulated in this Agreement, fail to utilize the travel, accommodation or transportation services, and thereby cause ANTLINK to incur additional costs, such additional costs shall be immediately payable by the Customer to ANTLINK.
4.9. Conditions regarding refund and deductions in case of cancellations and changes shall be governed by Article 6 of this Agreement.

5. RIGHTS AND OBLIGATIONS OF ANTLINK
5.1. ANTLINK pledges to take all reasonable measures necessary to provide its intermediation services under this Agreement fully and in a timely manner.
5.2. ANTLINK concludes contracts with third-party service providers for the provision of services included in travel packages. It shall exercise utmost diligence regarding the quality and reliability of such services; however, it cannot be held directly liable for damages or losses arising from faults, negligence or breaches of contract by such third parties.
5.3. ANTLINK shall not be held liable for partial or complete non-performance of services due to force majeure events (such as natural disasters, pandemics, strikes, war, terrorism, official prohibitions and other events beyond its control). Force majeure, as prescribed by law, shall be deemed to include extraordinary and unforeseeable events which, even if all measures were taken, prevent the commencement, continuation or completion of this Agreement and which are beyond the influence of ANTLINK. In such cases, ANTLINK shall notify the Customer at the earliest possible opportunity and endeavor to propose alternative solutions.
5.4. ANTLINK shall notify the Customer in advance of any additional costs and consequences arising from arrangements made in accordance with the Customer’s special requests; it shall not incur additional expenses or commitments without the Customer’s prior consent.
5.5. ANTLINK shall protect the confidentiality of the Customer’s personal data and act in compliance with the provisions of the Personal Data Protection Law Number 6698. ANTLINK shall process the Customer’s personal data in accordance with Law Number 6698 and other applicable legislation and shall share such data with third parties solely for the purpose of providing the service.

6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

6.1. Notification Liability and Personal Data
The Customer acknowledges, declares and undertakes that all personal information provided to ANTLINK during the reservation process related to the travel is accurate and up to date. The Customer shall be solely responsible for any damages arising from inaccuracies or deficiencies in such information.

6.2. Payment Obligation
The Customer is obliged to pay in full all amounts and service fees specified in this Agreement and/or in the proposal quote, within the period and by the method determined by ANTLINK. In the event payments are incomplete or not made within the prescribed time, ANTLINK shall be entitled to non-perform the services, to cancel them, or to change the service dates. In such cases, ANTLINK shall have recourse to the Customer for receiving the payment for the damages incurred.

6.3. Reservation and Changes Requests
Should the Customer wish to cancel or amend a reservation, such request must be notified to ANTLINK in writing. Whether the requested changes are possible and any additional costs arising shall be subject to the rules of the relevant service provider (airline, hotel, transfer company, etc.). In such circumstances, ANTLINK acts solely in the capacity of an intermediary; the change and cancellation policies of the service providers shall apply.

6.4. Provision of Documents for International Travel
For trips abroad or from abroad, the Customer is responsible for obtaining and keeping all required documents (passport, visa, health certificates, etc.) in full. ANTLINK provides information only notifying information and cannot be held liable for delays, service cancellations, or additional costs arising from the failure to provide such documents. The Customer shall also be responsible for delays and additional costs resulting from the use of B2B systems, which constitute a business model enabling the digital exchange of products and services between businesses, in connection with transactions and operations in which ANTLINK intermediates and where Service Providers and third parties may be involved.

6.5. Conduct and Reputation
The Customer undertakes during the performance of services intermediated by ANTLINK to act respectfully towards its employees, service providers, and other passengers, and not to make false, derogatory or reputation-damaging statements in public domains (such as social media, internet forums, review platforms, etc.). In the event of a breach of this obligation, ANTLINK reserves the right to claim for compensation of occurred damages under the general provisions.

6.6. Duty of Timely Attendance
The Customer is obliged to comply with all departure times notified by ANTLINK (such as flight times, transfer departures, hotel check-in times, etc.). ANTLINK shall not be liable for delays, loss of services, or additional costs arising from non-compliance with such times. In cases of missing a flight or service, no refund shall be made.

6.7. Travel Insurance Recommendation
ANTLINK recommends that the Customer obtain travel insurance on a voluntary basis. However, the obligation to procure insurance rests with the Customer. In the event of any adverse circumstance (such as flight cancellation, baggage loss, health problems, etc.), the Customer may submit claims to the relevant insurance provider. ANTLINK shall not be liable for circumstances not included into the insurance coverage.

6.8. Compliance with the Scope of Service
The Customer must carefully review the scope of the purchased service (departure–return dates, type of hotel, type of transportation and transfer services, etc.) in advance of the service and confirm in writing. During the provision of the service, the Customer may not advance different requests or require the fulfilment of demands outside the agreed scope.

6.9. Assignment of the Agreement and Transfer of Services to Third Parties
The Customer may not assign the rights and obligations arising from this Agreement to third parties without the prior written consent of ANTLINK. Furthermore, in cases where the service is to be used or participated in by another person, the written approval process must be completed together with the provision of the identity and contact details of such person(s).

7. RESERVATION, WITHDRAWAL, CANCELLATION, CHANGES AND REFUND CONDITIONS

7.1. Should the Customer wish to cancel or amend a reservation, such request must be notified to ANTLINK in writing (by e-mail, fax, WhatsApp, or through a notary public).

7.2. The cancellation terms and fee deductions applicable in the event of cancellation are determined according to the practices of the service provider; for cases not otherwise specified, the following shall apply:

·  If the cancellation is made at least thirty (30) days prior to the travel date, the Customer shall be entitled to a refund of ninety percent (90%) of the amount paid; ten percent (10%) shall be retained by ANTLINK as a cancellation fee.

·  If the cancellation is made between fifteen (15) and twenty-nine (29) days prior to the travel date, fifty percent (50%) shall be refunded, and the remaining fifty percent (50%) shall be retained as a cancellation fee.

·  For cancellations made less than fourteen (14) days prior to the travel date, no refund shall be made under any circumstances.

7.3. Requests for amendments are subject to the approval of the service provider. If approval is obtained, the amendment fee and any additional differences shall be borne by the Customer. 7.4. In cases of late notification by the Customer, provision of incomplete information, or submission of incorrect information resulting in delays or cancellations, the full cancellation fee shall be charged and no refund shall be made.

7.5. Except in cases of force majeure, in the event of unilateral termination or withdrawal by the Customer, ANTLINK shall be entitled to claim compensation for damages, expenses and losses incurred.

7.6. After deductions are made from the amounts collected by ANTLINK, the remaining balance shall be refunded to the Customer within thirty (30) business days from receipt of the written cancellation request.

8. TERMINATION AND ASSIGNMENT OF THE AGREEMENT

8.1. ANTLINK reserves the right, acting in good faith, to unilaterally terminate this Agreement. In the event of termination by ANTLINK, the amounts paid by the Customer shall be refunded, except for mandatory taxes, duties and similar expenses arising from legal obligations, and non-refundable expenses that have been paid to third parties and documented. In this respect, the cancellation and amendment rules of the companies relating to previously purchased airline, railway, and navigation tickets and accommodation expenses shall apply in full. Any penalties imposed shall be charged to the passenger, i.e., the Customer.

8.2. For refunds to be made through a bank, the bank’s remittance/EFT/SWIFT charges shall be borne by the Customer. ANTLINK shall not have any liability for compensation in this respect. ANTLINK cannot be held responsible for any delay in the refund of amounts paid by credit card.

8.3. In the event of a breach of this Agreement by either Party, the non-breaching Party shall, by written notification through a notary public within seven (7) business days, request that the breach be remedied. If the breach is not remedied within the given period, the non-breaching Party shall have the right to terminate the Agreement.

8.4. ANTLINK shall be entitled to assign this Agreement, in whole or in part, to natural or legal persons with whom it has contracted for the performance of this Agreement. In such case, the transferee shall be the successor for the assigned parts.

8.5. In the event that the Customer exercises its right of termination pursuant to Article 5, such termination shall be effective from the date on which the Customer’s written notice of termination is delivered to ANTLINK. The scale of payments due shall depend on the timing of the termination notice. However, the termination fee shall always be limited to actual expenses and payments made. In the event of termination, the Customer’s deposit shall be retained as a reservation fee.

9. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
9.1. The Customer is responsible for obtaining, prior to travel, a valid and complete passport, visa, vaccination certificate, health report, travel insurance, and any other mandatory documents.
9.2. The Customer agrees to comply with the rules set forth by ANTLINK and the Service Providers during the trip and to cooperate reasonably.
9.3. The Customer is responsible for taking precautions against personal health issues, accidents, illnesses, losses, or similar risks that may arise during travel. ANTLINK cannot be held liable for personal injuries, property loss, or other related damages.
9.4. The Customer agrees to obtain travel insurance, and if ANTLINK has fulfilled its obligation to inform on this matter, the Customer bears full responsibility for any damages arising from not obtaining such insurance.
9.5. The Customer undertakes to act ethically, honestly, and respectfully toward ANTLINK, service providers, and other customers. In the event of unjustified claims, insults, threats, or defamatory behaviour, ANTLINK has the right to immediately terminate the agreement.
9.6. The Customer is responsible for the accuracy of the information provided. Any damages arising from providing false or concealed information shall be borne by the Customer.

10. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
10.1. “Confidential Information” exchanged between the Parties refers to any information that constitutes a trade secret and/or belongs to the Party that owns it; including but not limited to design data, technical information, trade secrets, ideas and inventions, projects, drawings, models, software programs, algorithms, software modules, source code, specifications, product plans and technologies, software manuals, marketing information, customer lists, forecasts and assessments, financial reports, contract terms, records, as well as all information and materials related to the Party’s business, shareholders, affiliates, licensees, customers, and consultants, and any methods, trade secrets, formulas, know-how, patents, inventions, designs, customer lists, budgets, business development, marketing and pricing plans and strategies.
10.2. ANTLINK and the Customer acknowledge and declare that the information provided to them is confidential, that they will keep this information confidential in accordance with the Personal Protection Data Law, and that they will not share it with any institution or organization without the other Party’s consent. ANTLINK shall not be held liable for sharing information in cases where disclosure is legally required under applicable regulations or in urgent circumstances necessary for the execution of this agreement.
10.3. The Parties are obliged not to disclose any confidential information obtained within the scope of this agreement to third parties.
10.4. ANTLINK processes the Customer’s personal data in compliance with the Personal Data Protection Law Number 6698 and other applicable legislation.
10.5. Personal data shall be processed solely for the execution of this agreement, fulfilment of the reservation, payment and invoicing processes, and provision of services, and may be shared with service providers only to the necessary extent.
10.6. ANTLINK does not share personal data with third parties without the Customer’s explicit consent; however, it may provide information to official authorities when required by law.
10.7. The Customer may exercise their rights under the Personal Data Protection Law regarding their personal data (such as access, correction, deletion, objection, etc.) and may apply to ANTLINK in writing.
10.8. In case of disputes arising under this clause, the provisions of the Personal Data Protection Law Number 6698 and related legislation shall apply.

11. OTHER CONDITIONS
11.1. For hotel accommodations, separate beds may not be provided for children aged 0–6.
11.2. Children over the age of 2 are subject to a fee as a seat is mandatory in transport vehicles.
11.3. The Customer is responsible for monitoring and safeguarding their belongings during the service period. ANTLINK shall not be liable for lost, stolen, or damaged belongings, nor for incidents arising from third parties such as hotels, transfers, or cruises.
11.4. ANTLINK reserves the right to make adjustments or cancellations to its program, accommodation facilities, and transport vehicles due to force majeure or operational reasons. In such cases, the reservation holder’s approval is not required, and there is no right to termination or compensation.
11.5. The Customer has been expressly warned and informed at the time of this agreement that airline departure times or aircraft types may change due to reasons attributable to the airline, and the Customer has accepted this.
11.6. For international travelling, the payment of necessary fees for passports and, depending on the country, visa, for all travellers, including the infants, are required. The Customer acknowledges and declares that ANTLINK has provided information regarding this matter.
11.7. All additional services fees related to the hotel outside the scope of the accommodation type specified in this agreement shall be paid in cash by the Customer upon check-out from the hotel.
11.8. The Customer must be present at the meeting point in 1 hour before the road transport and in 3 hours before air transport.
11.9. Transportation-related information, including transfers, shall be communicated to the Customer sufficiently in advance of the transfer.
11.10. When transfer service related to air travel is purchased, as part of a flight + transfer package, this service is valid only for airline packages purchased from ANTLINK. In cases when the Customer individually changes the flight or departure time, or leaves the hotel earlier, the transfer service will not be valid.
11.11. A prior reservation request for pets must be made for transportation and accommodation facilities, and approval on that request must be awaited. 

12. DISPUTE RESOLUTION AND COMPETENT COURT
12.1. The Parties shall make every effort to resolve any disputes arising from or related to this agreement primarily through amicable settlement.
12.2. In case no settlement is reached, disputes shall be subject to the exclusive jurisdiction of Antalya Courts and Enforcement Offices.
12.3. All correspondence and notifications between the Parties shall be made in writing. Notifications made by electronic means shall be deemed valid if confirmed.
12.4. Any differences in interpretation or contradictions between the provisions of this agreement shall not invalidate other provisions. The Parties are responsible for the revenue stamp on the copies of this agreement in their possession.

This agreement has been read and understood by the Parties, and signed in 2 (two) copies of their free will on ……….. date.

ANTLINK TURIZM TICARET A.S.                                                    CUSTOMER