SNOWBUSTR.COM DISTANCE SERVICE AND SALES AGREEMENT
## I) SERVICE AGREEMENT (PACKAGE TOUR / TOURISTIC SERVICES)
### 1. PARTIES
On one side:
**Sampoygo Travel - Sampoy Gayrimenkul Kiralama Seyahat Turizm ve Pazarlama Limited Sirketi**
Address: CUMHURIYET MAH. INCIRLI DEDE CAD. SINPAS NO: 8 IC KAPI NO: 902 SISLI / ISTANBUL
TURSAB Certificate No: 15148
Hereinafter briefly referred to as the **AGENCY**.
On the other side:
**[Tur.Musteri_Ad_Soyad]**, whose address is **[Tur.Konuk_Adres]**, and the other persons who will benefit from the tour / service, hereinafter briefly referred to as the **CUSTOMER**.
The parties have reached full agreement on the matters set out below.
For matters not expressly regulated in this Agreement, Law No. 1618 and the regulations, bylaws, circulars and communiques issued thereunder; Law No. 2634; IATA, IHA and UFTAA convention provisions; and international private and official agreements shall apply.
### A) PAYMENT TERMS
#### A1 - Standard Tours
At the time of booking, at least 25% of the total tour price is collected as a deposit.
The remaining balance must be paid no later than 10 days before the start of the tour.
If payment is not made within the specified periods, the booking may be cancelled by the AGENCY and 25% of the total service fee shall be invoiced to the CUSTOMER as a "withdrawal compensation fee".
#### A2 - Promotional / Early Booking / Discounted Products
The CUSTOMER who purchases a promotional, discounted, early booking or special campaign product is obliged to pay the full service fee on the booking date.
For such products, the balance must be paid no later than 60 days before the start of the service. The withdrawal compensation rate is the same as in Article A1.
### 2. CANCELLATION, CHANGES AND TRANSFER
#### 2.A - Cancellation / Postponement Caused by the Agency
Although the AGENCY has taken all necessary care, it may cancel or postpone the trip due to any force majeure or similar reasons that prevent the start or continuation of the trip, including but not limited to:
- Failure to reach the required number of participants,
- Adverse weather conditions, such as closure of the ski resort, road closures, etc.,
- Road obstructions, strikes, terrorism, fog, possibility of war,
- Unforeseeable technical matters and similar reasons.
In such case, the CUSTOMER shall not be entitled to any compensation. The AGENCY shall offer the CUSTOMER one of the following options:
- Refund of the amount paid, or
- If possible, an equivalent alternative tour/service.
#### 2.B - Cancellation by the Customer
For standard products:
For cancellation requests made up to 30 days before the start of the service, the entire amount paid shall be refunded to the CUSTOMER.
For cancellations made 30-25 days before the start of the service, 50% of the tour price shall remain with the AGENCY as withdrawal compensation.
Unless otherwise agreed, date changes shall be subject to the cancellation provisions.
#### 2.C - Promotional / Discounted / Early Booking Products
For products in the promotional, discounted or early booking category, the CUSTOMER has no right of cancellation or change.
##### C1 - Special Clause
Tour programs classified as early booking discounted, promotional, or special flight-inclusive products do not grant any cancellation or change right.
#### 2.D - Special Products (International Tours, Special Packages, etc.)
For special products:
For cancellations made up to 60 days before the start of the service, the entire amount paid by the CUSTOMER shall be refunded.
For cancellations made:
- 59-31 days before the start of the service, 25% of the tour price,
- 30-15 days before the start of the service, 50% of the tour price,
- 14-7 days before the start of the service, 75% of the tour price,
- Less than 7 days before the start of the service, the full tour price
shall remain with the AGENCY.
#### 2.E - Force Majeure Such as Health Issues / Death
If the CUSTOMER or a first-degree relative suffers an illness that prevents the customary 10-day occupation period coinciding with the tour period, or in the event of death, the amount paid for the service shall be refunded to the CUSTOMER provided that the following are submitted to the AGENCY:
- An official report from a fully equipped state hospital,
- In case of death, a death certificate.
If this situation arises during the continuation of the tour, the CUSTOMER is obliged to deliver the documents to the AGENCY no later than 1 (one) day from the date the CUSTOMER leaves the tour.
#### 2.F - Missing the Start of the Tour
If the CUSTOMER misses the start of the tour and does not notify in writing that they will join the tour later, the AGENCY has the right to cancel all reservations and services made on behalf of the CUSTOMER 24 hours after the service start date.
No refund shall be made to the CUSTOMER for such cancellations.
#### 2.G - Program Changes
Where deemed necessary, the AGENCY may, by informing the CUSTOMER, partially or fully cancel the tours it has announced or for which it has accepted bookings; change hotel names, means of transportation, departure points, places to be visited stated in the program, and their order.
If the CUSTOMER does not accept these changes for a justified reason, the CUSTOMER has the right to cancel the booking and request a refund of the unused service fees.
### 3. GENERAL PROVISIONS
A - All responsibility regarding baggage and its contents belongs to the owner. The CUSTOMER is obliged to comply with the legislation and practices applicable to the vehicle used for travel and the accommodation facility.
B - In case of loss or damage to baggage caused by the fault of the provider, the CUSTOMER must have the provider issue a loss/damage report. In such case, the AGENCY's liability is limited to a maximum of one half of the portion of the total tour price corresponding to transportation.
C - Visa procedures are not included in the purchased tours unless expressly stated otherwise. A guest who follows their own visa procedures or declares that they have a visa may not terminate the agreement on the grounds that they could not obtain a visa. Even if visa procedures are carried out through the AGENCY, the AGENCY is not responsible for visa refusals or visas issued for insufficient duration by the consulate.
D - The AGENCY is not responsible for force majeure events arising after the tour has started, circumstances caused by the CUSTOMER, or situations arising from the personal responsibility of third parties. In cases falling within its responsibility, the AGENCY may provide compensation by refunding the fee/service or offering additional/substitute services in accordance with the TURSAB schedule provisions. The CUSTOMER's use of such additional services removes the right to request a refund.
E - The CUSTOMER accepts that they will comply with the rules notified by the guide, facility, AGENCY, transportation vehicle officials and insurance company, and that they will respect the life, property safety and peace of third parties. Otherwise, the AGENCY may cease providing service for justified reason; no refund shall be made.
F - If the CUSTOMER wishes to terminate the tour by claiming that the service is defective, the CUSTOMER must notify the reasons in writing to the AGENCY official and the accommodation facility. Otherwise, the CUSTOMER shall be deemed to have received and used the service.
G - The CUSTOMER must notify complaints to the AGENCY in writing during the performance of the service and within a reasonable period.
H - Other persons who are not signatories to the Agreement but benefit from the service shall be deemed to have accepted the provisions of the Agreement through the signature of the CUSTOMER whom they authorized to make the booking on their behalf.
I - For entries into foreign countries, the final decision belongs to the passport police and border officials of the relevant country. Entry to the country may be refused even if a visa exists; in such case, the AGENCY cannot be held responsible.
J - Cases where package tour services are not performed, or are performed incompletely, are secured in accordance with the law. The scope of security is limited to the package tour price.
K - If the CUSTOMER wishes, before the start of the tour, the CUSTOMER may obtain additional insurance covering return expenses and treatment costs in case of accident or illness.
L - In cases where the AGENCY partially or fully fails to comply with the Agreement, the TURSAB Schedule shall apply in calculating the compensation to be paid.
M - If the purchased service is marked as "Early Booking / Promotional / Special Product" in the brochure or on the web page, it shall be evaluated within this scope.
### 4. OTHER PROVISIONS (SPECIAL SKI / TOUR NOTES)
Flight times stated in the programs are obtained from the relevant airlines. The AGENCY cannot be held responsible for changes in flight times, delays, strikes or flight cancellations arising from force majeure.
The guide has the right to make changes to the tour program depending on weather, road and accommodation conditions.
The AGENCY cannot be held responsible for activities that cannot be carried out due to weather conditions, such as closure of the ski resort, heavy fog, etc.; if possible, an alternative program will be attempted.
Hotels may be changed by the AGENCY provided that they are of the same standard.
Unless otherwise stated, child discounts are valid on the condition that the child stays in the same room with 2 adults.
At least 24-48 hours before the departure date of the tours, the tour departure time and guide phone number must be reconfirmed by the CUSTOMER.
Mandatory travel insurance is provided for our tours. Submission of date of birth and Turkish Republic identity number is required.
During booking, the name and surname as written on the identity document must be reported completely and accurately. The AGENCY is not responsible for problems arising from name-surname discrepancies during airport check-in.
If sufficient participation is not achieved, the AGENCY has the right to cancel the tour by notifying the CUSTOMER at least 1 day in advance. In such case, the amount paid shall be refunded.
The AGENCY is not responsible for items lost in vehicles, aircraft and facilities, or for disputes arising from purchases made during the trip. Valuables should not be left in the vehicle.
## II) DISTANCE SALES AGREEMENT
For tours/services purchased online through snowbustr.com.
### 1. PARTIES
#### CUSTOMER
Name - Surname / Title:
Address:
Phone:
Email:
#### AGENCY
Title: Sampoygo Travel - Sampoy Gayrimenkul Kiralama Seyahat Turizm ve Pazarlama Limited Sirketi
(TURSAB Class A Travel Agency - Certificate No: 15148)
Address: CUMHURIYET MAH. INCIRLI DEDE CAD. SINPAS NO: 8 IC KAPI NO: 902 SISLI / ISTANBUL
Phone: +90 505 081 80 87
Email: team@snowbustr.com
Website: https://www.snowbustr.com
By approving this Agreement electronically, the CUSTOMER accepts that they will be under the obligation to pay the service price subject to the order placed through snowbustr.com and any additional taxes/expenses, if any.
### 2. DEFINITIONS
For the application and interpretation of this Agreement, the following terms shall have the meanings set out below:
**MINISTER:** The Minister of Trade of the Republic of Turkiye,
**MINISTRY:** The Ministry of Trade of the Republic of Turkiye,
**LAW:** Law No. 6502 on the Protection of Consumers,
**REGULATION:** The Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188,
**SERVICE:** Any consumer transaction other than the supply of goods, performed or undertaken to be performed in return for a fee or benefit, including but not limited to touristic package tours, transfers, accommodation, ski tours, domestic/international tours,
**AGENCY:** Sampoygo Travel - Sampoy Gayrimenkul Kiralama Seyahat Turizm ve Pazarlama Limited Sirketi, which provides touristic services to the CUSTOMER within the scope of its commercial or professional activities or acts on behalf or for the account of the service provider,
**CUSTOMER (CONSUMER):** A natural or legal person who acquires, uses or benefits from a service for non-commercial or non-professional purposes,
**SITE:** The website owned by the AGENCY under the domain name www.snowbustr.com,
**ORDERING PARTY:** A natural or legal person who requests a service through the SITE,
**PARTIES:** The AGENCY and the CUSTOMER together,
**AGREEMENT:** This Distance Sales Agreement.
### 3. SUBJECT
The subject of this Agreement is the regulation of the rights and obligations of the parties pursuant to Law No. 6502 and the Distance Contracts Regulation regarding the sale and provision of touristic services / package tours / transfer services, the qualities and sales price of which are stated on the site, ordered electronically by the CUSTOMER through the snowbustr.com website owned by the AGENCY.
### 4. AGENCY INFORMATION
Title: Sampoygo Travel - Sampoy Gayrimenkul Kiralama Seyahat Turizm ve Pazarlama Limited Sirketi
Address: CUMHURIYET MAH. INCIRLI DEDE CAD. SINPAS NO: 8 IC KAPI NO: 902 SISLI / ISTANBUL
Phone: +90 505 081 80 87
Email: team@snowbustr.com
Web: https://www.snowbustr.com
### 5. CUSTOMER INFORMATION
Person to whom delivery will be made / Person(s) who will benefit from the service:
Address:
Phone:
Email / Username:
The information filled in through the online form shall be taken as basis.
### 6. INFORMATION ON THE SERVICE SUBJECT TO THE AGREEMENT
The name of the tour/service,
Its dates and duration,
Included services, such as accommodation, transfer, skipass, equipment, insurance, etc.,
Sales price including taxes,
Payment method and plan
are shown to the CUSTOMER on the relevant tour page and at the payment stage on snowbustr.com, and are approved electronically by the CUSTOMER.
### 7. GENERAL PROVISIONS - DISTANCE ORDER
7.1. The CUSTOMER accepts, declares and undertakes that they have read and become informed of the preliminary information on the SITE regarding the basic qualities, sales price, payment method and performance of the service subject to the Agreement, including tour date, departure points, duration and included/excluded services, and that they have given the necessary confirmation electronically.
7.2. The CUSTOMER's electronic confirmation of the preliminary information means that, before the establishment of the distance contract, the CUSTOMER has been accurately and completely informed by the AGENCY of the AGENCY's title, contact details, complaint application authorities, basic qualities of the service, total service fee, payment and performance information.
7.3. The tour/service subject to the Agreement shall be performed in accordance with the announced program between the relevant tour dates. The start date of the tour is the date stated in the tour details and/or voucher (participation certificate) sent to the CUSTOMER by the AGENCY.
7.4. The AGENCY accepts, declares and undertakes to perform the service subject to the Agreement in accordance with the qualities stated in the program, in compliance with the legislation, within the framework of its duty of care and diligence; to maintain and improve service quality; and to act in accordance with the rules of good faith.
7.5. In cases where it becomes impossible for the AGENCY to fulfill its contractual obligations, such as force majeure or the service provider making performance impossible, the AGENCY shall notify the CUSTOMER within 3 (three) days from the date it becomes aware of this situation and shall refund all amounts paid by the CUSTOMER within 14 (fourteen) days at the latest, or provide an equivalent service with the CUSTOMER's approval.
7.6. The CUSTOMER accepts, declares and undertakes that they have approved this Agreement electronically for the purchase of the service subject to the Agreement, and that if the service fee is not paid for any reason and/or is cancelled in bank records, the AGENCY's obligation to perform the service shall cease.
7.7. If the service fee is not paid to the AGENCY by the relevant bank or financial institution due to the unfair use of the credit card used by the CUSTOMER in the transaction made through the SITE by unauthorized persons, the CUSTOMER accepts and undertakes to pay the relevant amount to the AGENCY within 3 (three) days in cash or by another valid payment method. Otherwise, the AGENCY has the right to cancel the booking.
7.8. If the AGENCY cannot perform the service on time due to force majeure events arising outside the will of the CUSTOMER, unforeseeable in advance and beyond the control of the parties, including natural disasters, war, mobilization, civil unrest, strikes, lockouts, epidemics, extraordinary weather conditions, administrative decisions regarding border crossings, etc., it shall immediately notify the CUSTOMER. In such case, the CUSTOMER may request:
- Cancellation of the order and refund of the fee,
- Postponement of the service until the obstructing situation disappears,
- Replacement with an equivalent tour/service.
If the CUSTOMER requests cancellation, the refund shall be made within 14 (fourteen) days.
7.9. The CUSTOMER accepts and undertakes that the personal and other information declared while registering on the SITE or filling in the booking form is accurate and up to date; that they are personally responsible for all damages that may arise from the inaccuracy of this information; and that they will immediately and in cash compensate such damages upon the AGENCY's first request.
7.10. The CUSTOMER accepts and undertakes that, while using the SITE, they will act in accordance with applicable legislation and public morality; that they will not perform any transaction that disrupts public order, contains insults, violates the personal rights of others or infringes intellectual and industrial rights; and that they will not render the SITE unusable through viruses, trojans, malware, spam, intensive data transmission or similar means. Otherwise, all legal and criminal liability that may arise belongs to the CUSTOMER.
7.11. Through the SITE, links may be provided to other websites belonging to third parties that are not under the control of the AGENCY. These links are provided for ease of navigation, and the AGENCY has no commitment or responsibility regarding the content of such sites.
7.12. The CUSTOMER accepts that the AGENCY may contact the CUSTOMER via the email address, phone number and other contact information provided to the AGENCY for purposes such as information regarding the agreement and service, surveys, marketing, promotion and similar purposes, provided that this is in compliance with the Personal Data Protection Law (KVKK) and relevant legislation. The CUSTOMER may withdraw this consent at any time.
7.13. In case the CUSTOMER violates their obligations arising from this Agreement, the AGENCY has the right to unilaterally cancel the CUSTOMER's SITE membership, suspend or cancel the booking, and claim compensation from the CUSTOMER for damages incurred.
### 8. RIGHT OF WITHDRAWAL AND CANCELLATION CONDITIONS
8.1. Pursuant to the Distance Contracts Regulation, the consumer does not have a right of withdrawal in contracts relating to accommodation, transport of goods, car rental, food and beverage supply, and services for leisure purposes that must be performed on a specific date or within a specific period.
Package tours, transfers and similar touristic services offered by the AGENCY through snowbustr.com fall within this exception.
8.2. Therefore, the CUSTOMER cannot exercise the general 14-day right of withdrawal under the Distance Contracts Regulation for touristic services purchased through snowbustr.com. Instead, the CUSTOMER accepts that they are bound by the "Cancellation, Changes and Transfer" provisions regulated in Article 2 of the "Service Agreement" in Section I of this Agreement.
8.3. If the CUSTOMER wishes to cancel their booking, change the date or transfer the tour to another person, such requests shall be evaluated according to the periods, rates and conditions specified in Article 2 of the Service Agreement. In cancellation and refund processes, the distinctions determined and announced by the AGENCY as "standard product", "promotional/early booking product" and "special product/international tour" shall be taken as basis.
8.4. If a cancellation request is made due to force majeure such as health problems or death of the CUSTOMER or a first-degree relative, the provisions of Article 2.E in Section I shall apply; the required documents must be submitted within the specified period.
8.5. The CUSTOMER accepts, declares and undertakes that, even if they have not benefited from the service at all or have benefited from it partially after the Agreement has been established, they cannot request a refund based solely on a change of mind or arbitrary reasons by relying on the general 14-day right of withdrawal; and that only this Agreement and the relevant legislation shall be taken as basis for cancellation and refund requests.
### 9. COMPETENT COURT
For disputes arising from this Agreement, the CUSTOMER may apply to the Consumer Arbitration Committee or Consumer Court located in the CUSTOMER's place of residence or in the place where the service is performed. Regarding monetary limits, the provisions of the legislation in force on the date of application shall apply.
### 10. EFFECTIVENESS
When the CUSTOMER approves the order placed through snowbustr.com, the CUSTOMER shall be deemed to have accepted all terms of this Agreement. The AGENCY is obliged to make the technical arrangements that will ensure the Agreement is read and approved by the CUSTOMER before completion of the order.
**AGENCY:**
[Trade Name - Stamp / Signature]
**CUSTOMER:**
(By online approval)
**DATE:** [Agreement approval date]