Travel Consultancy Agreement
Travel Consultancy Service Agreement
Article 1 | Who the Parties Are
Party Providing the Services:
In this Agreement, each of “Mark Turizm”, “Company”, “Service Provider”, “we” and “website” denotes the company named below, which delivers Türkiye travel consultancy, visitor information, route assessment, travel preparation, payment, communication and support services via the website:
Company Particulars
Trade Name: Mark Turizm İnşaat Gıda Danışmanlık ve Organizasyon Ticaret Limited Şirketi
Tax Office: Kozyatağı
Tax Number: 6120720506
Address: Küçükbakkalköy Mh. Dudullu Cd. No: 23-25 Brandium Residence R4 Blok D: 16 P.K: 34750 Ataşehir / İstanbul / Türkiye
User:
Under this Agreement, “User” or “person requesting the service” denotes the person who, acting for themselves or for another person whom they are authorized to represent, fills in a form, provides information, asks for Türkiye travel consultancy services, pays, receives communication support or makes use of the services that Mark Turizm provides via the website.
A User who acts for someone else accepts that they have authority, on that person’s behalf, to ask for the service, provide the information required, carry out the consultancy process and accept this Agreement.
Article 2 | What This Agreement Governs
This Agreement lays down the rights and obligations connected with the Türkiye travel consultancy, visitor information, personalized travel assessment, route planning, travel preparation, payment, communication and support services that Mark Turizm offers via the website. The personal travel-planning component falls within this Agreement. The Visa Consultancy Terms set out the conditions that apply to visa application support, to the review of requested files and to any official visa fee.
The service request and payment screens, the fee policy page, information areas or the relevant consent boxes may also display the type of service that the User has chosen. It falls to the User to check, before proceeding, the scope of the service, the payment items, the total amount, the cancellation and refund terms and the relevant information notices displayed to them.
Once the User submits a form, makes a payment, carries out a transaction on the website or ticks the relevant consent boxes, they are deemed to have accepted those provisions of this Agreement that are displayed to them and that apply to the service they have chosen.
Article 3 | What the Service Consists Of
Mark Turizm provides a private travel consultancy and visitor information service relating to trips to Türkiye. Its aim is to help the User evaluate their trip to Türkiye, according to their own expectations, in a way that is better informed, more organized and clearer.
When the service is being prepared, account may be taken of information such as the User’s travel dates and how long they will stay, how many travelers there are and their age group, their interests, the cities and regions they prefer, what they expect regarding transport and the area they will stay in, their budget range, the pace at which they wish to travel and any special sensitivities.
The information, suggestions, plans, lists and guidance that Mark Turizm supplies serve consultancy and information purposes. Final travel decisions, purchases, reservations, putting the travel plan into practice and the choice of third-party services rest with the User.
Article 4 | Possible Content of the Service
The scope of the Türkiye travel consultancy service may vary depending on the type of service the User chooses, the consultancy content they ask for and the service descriptions shown in the course of the transaction.
Depending on which type of service is selected, the User may receive information, guidance, assessment or planning support on the topics below:
- An overall assessment of preparation and planning ahead of a trip to Türkiye,
- Evaluating cities, regions, routes, the length of the trip and the daily pace,
- Suggested routes and daily programs reflecting the User’s interests,
- Travel notes centred on culture, history, the coast, nature, shopping, food and dining, and events,
- General advice on selecting an area to stay in,
- General information on urban and regional transport and on the flow of travel,
- Suggestions for restaurants, cafes, museums, cultural stops, shopping areas, viewpoints or events,
- A checklist for before departure and practical notes for the journey,
- A personal assessment of the trip and written planning notes matching what the User has requested,
- Communication and guidance support that may be offered within the scope of the service selected.
The scope of the service may be restricted to the content of the package descriptions, service information, consent areas, payment screen or relevant explanatory texts presented to the User during the transaction.
Article 5 | What the Service Does Not Include
Mark Turizm’s Türkiye travel consultancy service does not amount to selling, buying, reserving or guaranteeing third-party services, for example hotels, flight tickets, restaurants, events, tours, transfers, car rental, health services, guiding services or similar services.
Mark Turizm has no obligation to make reservations, buy tickets, conclude contracts with third-party providers on the User’s behalf, make payments, fix prices, hold availability or guarantee the outcome of third-party services.
Health, safety, legal, tax and financial matters, public notices, airline rules, the rules of accommodation providers, the rules of event organizers or third-party service terms shall not be regarded, within Mark Turizm’s tourism consultancy service, as a commitment to professional expertise.
Article 6 | Choice of Packages
Any one of the Türkiye travel consultancy packages or service options offered on the website may be selected by the User.
Differences between packages may concern the scope of consultancy, the priority given to the service, the level of support, the degree of detail in the personalized Türkiye plan, the preparation time, the communication channel and how far any additional guidance that may be offered extends.
A package name such as Fast, Express, Standard or a similar term signifies nothing more than Mark Turizm’s internal service priority, the scope of content preparation, how fast support responds and the time needed to prepare the personalized Türkiye plan.
Selecting a package gives no guarantee as to prices, availability, opening hours, whether events take place, weather conditions, how long transport takes or the User’s travel experience with third-party services.
The estimated preparation or delivery times given for a package start running when the User has completed the required information and the payment. Missing information, a late reply from the User, requests to change the scope, technical problems, operational workload or force majeure may have an effect on delivery times.
Article 7 | The User’s Information and Preferences
To enable the Türkiye travel consultancy service to be prepared, the User bears responsibility for providing the requested travel dates, length of travel, number of travelers, age group, interests, preferences as to cities, regions and transport, expectations about the accommodation area, budget range, special sensitivities and similar information in an accurate, complete and current form.
Mark Turizm shall bear no responsibility where the plan prepared is not in line with the User’s expectations because the information the User shared was incomplete, incorrect, out of date, false or misleading.
Should the User’s travel preferences or circumstances change, the User must let Mark Turizm know before preparation of the service is complete. Requests for changes made once preparation of the service has begun, or once the plan has been delivered, may be considered separately in the light of availability and the scope of the service.
Article 8 | The Personalized Türkiye Plan Explained
Forming part of the consultancy package chosen, the personalized Türkiye plan is a service offering information and assessment and supporting travel preparation.
Its content may extend to a daily program, routes, cultural routes, transport, museums, theatre, concerts, events, restaurants, cafes, shopping areas, a comparison between regions, practical notes for the trip or a checklist for the day of return.
The suggestions contained in the personalized Türkiye plan are meant to guide and inform. Mark Turizm gives no guarantee concerning tickets, reservations, prices, availability, how long transport takes, whether events happen, the weather, the quality of third-party services, how crowded places are, user satisfaction or the results of third-party services.
Where support is given by e-mail, phone, messaging applications or similar channels, it means communication and guidance support within the scope of Mark Turizm’s own services. It is not a substitute for emergency health, legal, safety, financial or third-party services.
Article 9 | The Character of Our Suggestions
The suggestions Mark Turizm makes regarding routes, cities, regions, transport, restaurants, cafes, shopping, events, museums, cultural stops, accommodation areas, daily programs and travel preparation are given for information and guidance.
These suggestions may be based on the information shared by the User, general travel experience, information available to the public, assessments from the sector, user expectations and the planning carried out in the consultancy process.
No guarantee is given by Mark Turizm that prices will stay unchanged, that the places suggested will be open, that events will go ahead, that transport times will remain the same, that third-party services will be delivered at the quality expected or that every expectation of the User will be met.
Article 10 | Services of Third-Party Providers
The third-party services that the User may use during the trip, such as restaurants, hotels, transport, events, museums, tours, shops, digital platforms, payment institutions, airlines, transfer providers or similar services, are independent of Mark Turizm.
Prices, availability, opening hours, cancellation terms, service quality, rules and practices are set by the third-party providers concerned for their own services and are subject to change over time.
Mark Turizm bears no responsibility for what third-party providers do or fail to do, for their delays, cancellations, price changes or service quality, or for any dispute that may arise between the User and third parties.
Article 11 | Charges and How They Are Paid
The amount payable for the Türkiye travel consultancy service appears on the payment screen or in the relevant service information areas, according to the type of service and the payment method chosen.
Before approving the payment, the User must check the scope of the service, the total amount, any additional fees and the cancellation and refund terms.
Payment may be collected by Mark Turizm via credit card, debit card or virtual POS, through a payment institution or using any other payment method Mark Turizm may make available.
Commissions, exchange rate differences, transaction fees, holds, authorizations, payment declines, security checks or transaction delays that banks, card schemes, payment service providers or payment infrastructures may apply are not Mark Turizm’s responsibility.
When the User completes the payment, this may signify that the User permits Mark Turizm to start preparing the consultancy service within the scope of the service selected.
Article 12 | Handling of Cancellations and Refunds
When a request for cancellation or a refund is assessed, the factors considered are how far the service has progressed, whether personalized planning or assessment has begun, whether content specific to the User has been prepared, the rules of the payment infrastructure and whether communication support has been given.
- If cancellation is requested before the consultancy service has begun, the Mark Turizm service fee that was collected may be refunded.
- Where the review of information, travel assessment, route planning, preparation of personal content, writing of notes, the support process or consultancy work specific to the User has begun, the Mark Turizm service fee may, in whole or in part, be non-refundable, according to the scope of the service provided.
- Where a plan, assessment, list, note, guidance or consultancy output specific to the User has been prepared or delivered, the fee for that service may be treated as falling outside the scope of refunds.
- If there is a duplicate payment, an obvious transaction error attributable to Mark Turizm, or a technical collection error, the necessary review will take place and a suitable refund or correction will be made.
- Where the content prepared does not correspond to the User’s expectations because the information the User gave was incomplete, incorrect, false or out of date, that fact alone gives rise to no automatic right to a refund.
- The refund of transaction costs that a card scheme, bank, virtual POS or payment infrastructure has deducted may be subject to the rules of the payment provider concerned.
A User wishing to cancel or obtain a refund must get in touch with Mark Turizm. Every request is evaluated with regard to the payment records, the transaction records, the stage the service has reached, the content prepared and the scope of the service provided.
If the User raises a payment dispute or initiates a reversal or chargeback, the bank, payment institution or card scheme concerned may be sent transaction records, service records, invoice details, communication records and other lawful records by Mark Turizm.
Should it be established that the User made use of a payment dispute or chargeback mechanism in bad faith with the aim of harming Mark Turizm, gaining an unfair benefit or getting back the fee for a service that was received, Mark Turizm may seek compensation for its losses and pursue legal remedies.
Article 13 | Preparing and Delivering the Service
The time needed to prepare the tourism consultancy service may depend on the type of service chosen, the breadth of the scope the User asks for, the speed with which the User supplies information, the nature of any special requests and Mark Turizm’s operational workload.
Mark Turizm may send plans, assessments, lists, notes, guidance or other consultancy outputs to the User by e-mail, via the website, by phone, through messaging applications or by any other communication channel that it deems suitable.
Any estimate of delivery or preparation time is provided for information. The time at which the service is delivered may change where the User provides information late or incompletely, asks for a change of scope or an exceptional workload arises.
Article 14 | Asking for Revisions or Changes
The User may ask for reasonable clarification or correction in relation to the plan, assessment, list or consultancy output supplied to them.
How far a request for revision or change extends is evaluated on the basis of the service package chosen, the stage of delivery the service has reached, what the request involves and whether the information the User first provided was accurate.
Should the User alter basic elements such as the travel date, the preferred city, the number of travelers, the budget range, the purpose of travel, expectations about the accommodation area or the pace of travel, extra work may become necessary. Mark Turizm may in that case require that a new service request be created, or ask for an additional fee.
Article 15 | What the User Is Responsible For
In every decision about their own trip, it is the User’s responsibility to check their personal circumstances, state of health, budget, travel documents, transport plan, accommodation conditions, the terms of third-party services and the rules that apply.
The User must weigh up Mark Turizm’s suggestions against their own needs, safety, budget, physical condition and travel circumstances.
Before buying any third-party service, making a reservation, purchasing a ticket or finalizing a travel plan, the User is responsible for verifying the current terms, fees, cancellation conditions and availability of the provider concerned.
Throughout the trip, compliance with the applicable rules, local regulations, the terms of third-party service providers and safety notices is the User’s responsibility.
Article 16 | No Guarantees Given
Mark Turizm makes no guarantee that the User’s travel experience will reach a particular level of quality, that the places suggested will be open, that prices will stay the same, that events will happen, that transport will be completed within a particular time, that third-party services will be supplied without interruption or that the User’s expectations will all be met.
Plans, lists, notes, routes or suggestions prepared by Mark Turizm are consultancy outputs whose purpose is to support the User. They do not guarantee third-party services or how the trip turns out.
The User accepts that, given the nature of the Türkiye travel consultancy service, external factors may affect travel plans, certain conditions may change over time and responsibility for the final decisions lies with the User.
Article 17 | Communication and Assistance
Using the contact details provided by the User, Mark Turizm may notify the User about the tourism consultancy service by e-mail, phone or SMS, through the website, via messaging applications or through other communication channels.
It is up to the User to make sure that their contact details are correct and that they can be reached through them. Mark Turizm accepts no responsibility for delays that may arise because messages fail to reach the User, because contact details such as the e-mail address or phone number were given incorrectly, because e-mails end up in spam filters or because the User does not follow notifications.
Any support given by phone or messaging applications is limited to information and guidance support within the scope of Mark Turizm’s own services. Such support does not take the place of emergency health, financial, legal, safety or third-party services.
Article 18 | Permitted Use and Intellectual Property
Consultancy outputs that Mark Turizm prepares, such as route notes, travel plans, lists, assessments, texts, visuals, tables, checklists and recommendation documents, may be regarded as part of the content Mark Turizm produces.
The consultancy output prepared for the User may be used by them solely for planning their personal travel. Unless Mark Turizm gives written permission, such content must not be reproduced, sold, distributed, published or used in providing services to third parties for commercial purposes.
Any personal preferences, explanations, travel notes or special information that the User sends to Mark Turizm as part of the travel consultancy service may be used to communicate with the User and to prepare the service.
Article 19 | How Personal Data Is Used
So that it can provide the Türkiye travel consultancy service, Mark Turizm may process the User’s first name and surname, contact details, travel dates and preferences, the number of travelers, interests, special requests and other information the service requires.
More detail about the processing of personal data may be given separately in the privacy policy, the cookie policy, the disclosure texts or other relevant information areas published on the website.
The User accepts both that Mark Turizm may use the information needed to prepare the service and that the information they shared when requesting the service is correct and current.
Article 20 | Measures Against Misuse
Where matters of payment or service security, a risk of fraud, abuse, a duplicate or suspicious transaction or a suspicion of unlawful use arise, Mark Turizm may examine transaction records and put the service on hold.
Mark Turizm may terminate the service and exercise its legal rights if the User provides information that is false, misleading, given in bad faith or in breach of the rights of third parties; uses payment instruments without authorization; raises a payment dispute in bad faith although the service has been received; or behaves in a manner aimed at harming Mark Turizm.
In response to lawful requests, Mark Turizm may disclose transaction, payment, communication and service records to competent authorities, banks, payment institutions or card schemes.
Article 21 | Force Majeure (Circumstances Outside Reasonable Control)
Force majeure may include natural disasters, epidemics, war, terrorism, civil unrest, strikes, technical breakdowns, internet or power outages, failures of payment infrastructure, disruption to transport, decisions of public authorities, problems in third-party service providers’ systems or similar circumstances outside Mark Turizm’s reasonable control.
In a force majeure situation, the time Mark Turizm takes to deliver the service or to communicate, the content preparation process or the support process may be affected. Mark Turizm cannot then be held responsible for delays or for the service being interrupted temporarily.
Article 22 | How Far Liability Extends
To the extent that applicable law permits, Mark Turizm is liable in connection with the tourism consultancy service only for direct damages resulting from its own fault.
This does not extend to hotels, flight tickets, transport, reservations, events, tours, third-party service fees, changes to travel plans, lost time, lost income, lost business, holiday expectations not being met or similar indirect damages.
Mark Turizm is also not responsible for the consequences of the User’s own decisions, of changes in travel conditions, of the practices of third-party service providers, of incorrect or incomplete information given by the User, or of the User not evaluating Mark Turizm’s suggestions in the light of their own circumstances.
Article 23 | Amending the Agreement
This Service Agreement may be revised by Mark Turizm from time to time; any revised Agreement takes effect on the date of its publication on the website.
A transaction shall be governed by the version of the Agreement that is on the website on the date on which the User approves the service or the payment. Unless expressly stated otherwise, amendments to the Agreement shall have no retroactive effect on past transactions.
Article 24 | Governing Law and Resolving Disputes
The laws of the Republic of Türkiye shall govern the interpretation of this Agreement; the User’s mandatory rights under applicable law remain reserved.
In case of a dispute, we recommend first attempting to settle it through Mark Turizm’s support channels. Each party’s right of recourse to legal remedies is preserved.
Article 25 | Acceptance by the User
When the User submits a form, makes a payment, requests a service via the website or ticks the relevant consent boxes, they thereby declare that they have read, understood and accepted this Service Agreement.
The User accepts the points below:
- What Mark Turizm provides is a private Türkiye travel consultancy and visitor information service,
- The suggestions made as part of the service serve guidance and information purposes,
- The final decisions about travel and the choice of third-party services rest with the User,
- The User’s approval is given after they have reviewed the scope of the service, the payment items, the total amount and the cancellation and refund terms,
- The information the User has shared is correct, complete and current,
- No guarantee is given by Mark Turizm as to the outcome, price, availability or quality of third-party services,
- Where a personalized plan or consultancy output has been prepared, the fee for that service may be treated as non-refundable.