distance selling agreement and confidentiality policy

1- PARTIES TO THE CONTRACT

Fly Ess (hereinafter referred to as AGENCY) and the person receiving the service (hereinafter referred to as CONSUMER) by approving this agreement.

2- SUBJECT OF THE CONTRACT

The subject of this contract covers the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers - Regulation on the Application Procedures and Principles of Distance Contracts (OG: 27.11.2014 / 29188) regarding the sale and performance of the reservation service of travel movements such as hotels, flight tickets, car rental, tours, etc., which the Agency sells to the Consumer.

3-GENERAL PROVISIONS

The consumer accepts and declares that the name, title, open address, telephone and other access information of the Agency, the basic qualifications of the service subject to sale, the sales price including taxes, the payment method, etc. all preliminary information about the service subject to sale and the use of the right of withdrawal and how to exercise this right, the official authorities to which they can submit their complaints and objections, etc. It accepts and declares that it has been pre-informed by the Agency in a clear, understandable and internet environment, confirms this preliminary information electronically and / or by telephone or e-mail, and then confirms the reservation and contract in accordance with the provisions of this contract.

The consumer accepts the e-mail and sms notifications to be made by the Agency for the information documents and afterwards regarding the reservation made through the online system.

Consumers who do not have a signature in the contract but participate in the service are deemed to have accepted and undertaken the terms of the contract with the approval of this contract by the Consumer authorized on their behalf. The Agency reserves the right of recourse to other Consumers.

In the event that the service subject to the contract is used by a person other than the Consumer, the Agency is not responsible for the failure of the person in question to accept the performance.

In the event that the relevant bank or financial institution does not pay the service fee to the Agency due to the unfair or illegal use of the credit card of the Consumer by unauthorized persons after the performance of the service, the Consumer is obliged to compensate the damages incurred.

In the event that the bank or financial institution does not pay the service fee to the Agency for any reason, including claims of unfair and unlawful use, arising from the credit card used by the Consumer without the fault of the agency after the performance of the product / service subject to the contract, the Consumer will be responsible for the service fee and any damages together with the legal interest to be processed from the date of reservation.

4- MUTUAL RIGHTS AND OBLIGATIONS

In the event that the Consumer does not accept the performance of the service purchased by the Consumer on the grounds that the service is defective, it is obligatory to immediately notify the Agency and the accommodation facility in writing. Otherwise, the Consumer is deemed to have accepted the performance and used the service. If the accommodation facility is not available in the specified qualifications or is not in a position to provide service, the responsibility belongs to the accommodation facility and the Agency has no responsibility. In this case, the Agency has the right to accommodate the consumer in the same standard or in a higher category facility. In the event that the consumer does not accept such a change, he/she has the right to recover the price paid for his/her reservation and cannot claim compensation from the Agency in any way.

In the event that force majeure prevents the realization of the contract, the party in whose person it occurs shall notify the other party immediately and in writing. In the event of force majeure, if the Consumer requests cancellation, the Agency is obliged to return the price that it can receive from the person or organization from which it purchases or mediates the service to the Consumer. The agency cannot be held responsible for the return of the price it cannot receive.

In case of early departure, including force majeure, the Consumer is obliged to notify the Agency official and the hotel where he / she stays in writing during the performance of the service, and the refund of the fee is at the initiative of the cooperating hotel / company / provider. The Consumer cannot raise an objection to the Agency in this regard. The penalty to be applied is invoiced to the Consumer.

The Consumer is obliged to report all dissatisfaction with the airline and/or hotel and/or provider companies to the hotel, airline, i.e. the addressee, according to the travel movement product he/she has purchased, and then to show the hotel as a counterparty in the lawsuits and complaints he/she will file. Material and moral compensation cannot be claimed from the agency in this regard.

In case of price increases for the early booking period and/or all periods (except for system-related inaccuracies), the difference is not requested from the customer, and discounts called as action by the facility are not refundable.

All kinds of responsibility for the baggage and its contents belong to the owner and the Agency has no responsibility for loss, theft and damage. The consumer is obliged to comply with the laws and customs governing the vehicle he/she will travel and the facility where he/she will stay.

The scope of the coverage for incomplete or defective performance, damage and losses of Consumers who purchase travel insurance service is determined by the policy of the insurance company providing this service. The agency does not bear any responsibility regarding the content, scope or application methods of these guarantees.

5- CANCELLATION, RENUNCIATION AND AMENDMENTS

The agency may cancel the contract in cases of force majeure that prevent the start or continuation of the service or in cases arising from service providers, hotels to be accommodated, airline companies, tour organizers or third parties, although the agency has taken all necessary care. This situation must be notified to the Consumer as soon as possible. In this case, the Consumer has no right to compensation. The Consumer may be refunded the cost of the services not used by the Agency, this situation is entirely at the discretion and disposal of the Agency.

The cancellation and refund conditions of the service purchased by the Consumer are also determined by the conditions received from the providers, and the cancellation and refund conditions of each provider may differ and these conditions are clearly stated in our travel portal system before the purchase phase of the relevant product / service. The consumer is deemed to have accepted these conditions before purchasing this service. In the event that the Consumer does not notify in writing within 24 hours that he/she has missed the start and will accept the performance later, the Agency has the right to cancel all reservations made on behalf of the Consumer after 24 hours. In such cancellations, no refund will be made to the Consumer.

The Agency may partially or completely cancel the services announced or recorded by the Agency up to 7 days before the start of the services when deemed necessary. If the consumer does not accept these changes and cancellations, he/she has the right to cancel his/her reservation and receive a full refund of the fee paid within 10 days.

If the consumer cancels the contract before the start of the service, the refund of the service fee is determined by which company, which hotel, which hotel, which airline, which provider the service he / she has received and their cancellation and refund conditions, and the refund fees, if any, are paid accordingly. Date changes made by the consumer are considered as cancellation and the prices of the service on the date of change are valid.

In the event that it is not possible for the consumer to continue the service he/she has purchased, he/she may transfer his/her reservation, tour, hotel, etc. to a third party by notifying the Agency in writing at least 7 days before the departure date and fulfilling all the conditions applicable to the product/service from which provider he/she purchased the product/service. Especially in airline and flight ticket services, there is absolutely no transfer, name change or transfer. If it is possible to transfer, in this case, hotels, tours, etc., the transferor and the transferee are jointly and severally liable to the Agency for the payment of the service fee and all additional costs arising from the transfer in question.

The reservation can be canceled without interruption if the consumer documents the illnesses and deaths of himself/herself or his/her first-degree relatives that prevent his/her 10-day habitual occupation with an official report from a full-fledged state hospital. This situation is again processed in direct proportion to the rules of the relevant provider. In cases that cannot be documented with a report or incomplete documentation, the Consumer cannot make any claim.

6- RIGHT OF WITHDRAWAL

In accordance with Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be used within the product / service subject to this contract. However, the cancellation conditions applicable for reservation cancellation are stated above.

7- CONFIDENTIALITY

The information specified by the consumer in this contract and the information notified to the Agency for the purpose of making payment will not be shared by the Agency with third parties except in the presence of administrative / legal obligation.

Credit card information is only used for obtaining authorization by securely transmitting it to the relevant banks during the collection process and is never stored. All information related to the credit card is deleted from the system after authorization.

8- OTHER PROVISIONS

In matters not written in this contract, the Law No. 1618, the Law No. 6502, the provisions of the IATA, IHA, UFTAA Convention, the provisions of the IATA, IHA, UFTAA Convention, the Turkish Commercial Code, the international conventions in which Turkey is included and the Regulations, Regulations, Circulars and Communiqués issued in connection therewith shall be applied.

For the settlement of disputes arising from the application of this contract, applications may be made to the authorized Consumer Arbitration Committees or Consumer Courts. Even if the consumers could not sign this reservation contract for any reason by mail order, virtual pos, money order or EFT, they have learned the terms of this contract that will be valid between the parties through the catalog, website or advertisements, and they have accepted and undertaken to receive this reservation contract under the written terms in this contract.

Sincerely,

Fly Ess

PRIVACY POLICY

The data in Fly Ess, whether of employees or other persons, is confidential. No one may use, copy, duplicate, reproduce, transfer, or otherwise use this data for any other purpose, except in accordance with contract or law, or for business purposes.

Security of the User Account

For the security of your membership account, do not share your username and password with anyone. When creating your password, we recommend that you use unique combinations of numbers, letters and special characters to ensure that your password cannot be guessed by anyone other than you. Sharing or disclosing your password or user information to third parties may result in third parties controlling important data such as your user information and reservation information. In such a case, we would like to remind you that you will be responsible for all actions taken through your user account. Therefore, you may be the addressee of legally binding actions taken by others on your behalf. If the security of your password is compromised for any reason, you should change your password.

Transaction Security

All necessary technical and administrative measures are taken to protect the personal data collected by Fly Ess and to prevent unauthorized access and victimization of our customers and prospective customers. Within this framework, it is ensured that the software complies with the standards, third parties are carefully selected and the data protection policy is complied with within the company. Security measures are constantly renewed and improved.

Security of Your Personal Data

You may share your personal data with us during your visit to the Website or when you register and make a reservation on the Website. For more detailed information about how we collect, process and transfer your personal data and how you can exercise your rights regarding your personal data, please review our Clarification Text on the Protection of Personal Data.

Audit

Fly Ess conducts the necessary internal and external audits on the protection of personal data.

Notification of Breaches

Fly Ess takes immediate action to remedy any breach of personal data when notified of a breach. It minimizes the damage to the data subject and compensates the damage. Immediately notifies the Personal Data Protection Board when personal data is seized by unauthorized persons from outside.

Applications can also be made according to the procedures specified in https://flyess.net regarding the notification of violations.

Contact Us

For your questions and requests regarding the confidentiality agreement, you can print and fill out the form below and send a registered letter to the address below.

Fly Ess

Address: Kurtuluş Mah. Ziyapaşa Cad. No: 7/B Odunpazarı | ESKİŞEHİR

Email: info@flyess.com