1. General Provisions and Governing Text
This Distance Sales Contract (the “Contract”) applies to travel service contracts concluded under the Nivo Travel Türkiye brand through the nivotravel.com website, WhatsApp or e-mail, without the parties being physically present together. It has been prepared within the framework of Law No. 6502 on Consumer Protection, the Distance Contracts Regulation (Mesafeli Sözleşmeler Yönetmeliği), Law No. 6563 on the Regulation of Electronic Commerce and Law No. 1618 on Travel Agencies and the Association of Travel Agencies.
Where a booking is a package tour (at least two of transport, accommodation and other tourist services sold together at an inclusive price), the Package Tour Contract and the Package Tour Contracts Regulation (Paket Tur Sözleşmeleri Yönetmeliği) also apply and prevail on matters specific to package tours. The Pre-Contractual Information Form, the Cancellation and Refund Terms and the booking confirmation form an integral part of this Contract.
This Contract is published in Turkish, English, Arabic and Persian. In case of any conflict between the versions, the Turkish text prevails.
2. Parties
Seller (service provider):
- Company: Karakaya Group Turizm Seyahat Taşımacılık Limited Şirketi
- Travel agency title: Kenan Karakaya Turizm Seyahat Acentası (Nivo Travel Türkiye)
- Licence: Group A Travel Agency Operating Licence No 8719 issued by the Ministry of Culture and Tourism of the Republic of Türkiye
- Address: Alemdar Mah. Biçkiyurdu Sok. No:1 İç Kapı No:301 Fatih/İstanbul
- Tax office and number: Hocapaşa, 5141337179
- Phone/WhatsApp: +90 534 919 48 91
- E-mail: info@nivotravel.com
- Website: nivotravel.com
Consumer (buyer): the natural person whose name, e-mail address, phone number and country are stated in the booking request and the booking confirmation. The Consumer declares that they also act on behalf of the persons travelling with them, that they have provided those persons' details correctly and that they have passed these terms on to them.
3. Subject and Conclusion of the Contract
The subject of this Contract is to set out the rights and obligations of the parties regarding the sale and performance of the travel services requested by the Consumer through distance communication means and accepted by the Seller with a written booking confirmation (accommodation, airport and city transfers, day tours, guiding, package tours and, where included in the confirmation, other services such as domestic flights).
Requests sent via the website, WhatsApp or e-mail are booking requests and are not binding on the Seller. Availability and price become final only with the Seller's written booking confirmation. No payment is taken before confirmation.
The Contract is concluded when, after the booking confirmation has been sent to the Consumer, the Consumer accepts it in writing by e-mail, WhatsApp or through the website, or makes the advance payment.
4. Service Details and Price
The main characteristics and price of the service are set out in the booking confirmation sent to the Consumer in writing. The confirmation states at least:
- the type of service, programme or property name and destination
- start and end dates and number of nights
- accommodation, room type and board basis
- included transfers, tours, guiding and other services, and services not included
- number of adults and children and the children's ages
- total price including taxes, currency and payment plan
- cancellation conditions specific to the service (including non-refundable hotel rates and airline tickets)
On the website, net (fixed) prices are shown for the İstanbul 7-night and Trabzon 4-night packages, and “from” prices for other programmes; “from” prices are confirmed on request according to dates, hotel and party size. The binding price is the price stated in the booking confirmation; after confirmation it changes only where the Consumer requests a change to the booking.
Children: ages 0–2 free of charge (no separate bed); ages 3–11 sharing the parents' room on an extra bed receive a 50% discount; ages 12 and over pay the adult price.
5. Payment
No payment is taken before the booking confirmation. Payment is made as follows:
- 60% of the total price is paid as an advance payment after confirmation, online or by bank transfer.
- The remaining 40% is paid on the Consumer's arrival in Türkiye.
Payment details (bank account details or online payment steps) and the deadline for the advance payment are stated in the booking confirmation. If the advance payment is not made within that period, the confirmed availability and price may not be held; in that case no charge is made to the Consumer.
6. Performance of the Service and Obligations of the Parties
The services are performed on the dates and with the characteristics stated in the booking confirmation, by the Seller or through the accommodation providers, transport companies and guides contracted by the Seller. The Seller is responsible for performing the service in accordance with the confirmation, within its obligations under Law No. 6502 and Law No. 1618. Programme details, meeting times and contact details are sent to the Consumer in writing before travel.
If a confirmed service becomes impossible to perform, the Seller notifies the Consumer in writing within three days of becoming aware of it and may offer an equivalent alternative. If the Consumer does not accept the alternative, the amount collected for that service is refunded within 14 days of the notification at the latest.
The Consumer is responsible for holding a passport with at least 6 months' validity at the time of travel and any required visa, for travel insurance (which can be arranged through the Seller on request), for providing accurate contact and traveller details, and for complying with the rules of the accommodation providers. The Seller is not liable for consequences arising from the Consumer's failure to meet these obligations.
7. Right of Withdrawal and the Exception for Travel Services
Under Article 15(1)(g) of the Distance Contracts Regulation, there is no 14-day right of withdrawal for contracts for accommodation, transport of goods, car rental, supply of food and beverages and leisure activities for entertainment or recreation that must be provided on a specific date or within a specific period. As the accommodation, tour, transfer and package services offered by the Seller are performed on specific dates, the statutory right of withdrawal cannot be exercised for them; package tours are additionally governed by the Package Tour Contracts Regulation.
This exception does not mean that the Consumer cannot cancel a booking. Instead of the right of withdrawal, the Consumer's cancellation requests are handled according to the periods and charges in the Cancellation and Refund Terms. In summary:
- Packages cancelled 15 days or more before arrival: the amount paid is refunded in full.
- Cancelled 7–14 days before arrival: 50% of the package price is charged.
- Cancelled less than 7 days before arrival, or no-show: 100% of the package price is charged.
- Non-refundable hotel rates and airline tickets are charged in full, provided the Consumer was informed of this before confirmation.
- Day tours can be cancelled free of charge up to 48 hours before the tour.
Cancellations must be made in writing (e-mail or WhatsApp). Refunds are made within 14 days of the cancellation reaching the Seller, to the original payment method. If this summary differs from the Cancellation and Refund Terms, the Cancellation and Refund Terms apply.
If a service not covered by this exception is sold, the Consumer may withdraw in writing within 14 days of the conclusion of the contract without giving reasons and without paying a penalty; however, there is no right of withdrawal for services whose performance has begun, with the Consumer's approval, before the withdrawal period ends.
8. Electronic Acceptance, Notices and Records
Before the contract is concluded, the Consumer can read, save and print the Pre-Contractual Information Form and this Contract on the website. Ticking the relevant box on the website form, or accepting the booking confirmation in writing by e-mail or WhatsApp, shows that the Consumer has read and accepted these texts.
In accordance with Law No. 6563, receipt of the booking request is acknowledged to the Consumer electronically. The booking confirmation, the Pre-Contractual Information Form and this Contract are sent to the Consumer by e-mail as a durable medium. The Seller keeps contract and correspondence records for the period required by the applicable legislation; the Consumer may request a copy at info@nivotravel.com.
Notices between the parties are given in writing to the e-mail address or phone number provided by the Consumer and to the Seller's contact details stated in this Contract.
9. Complaints, Governing Law and Competent Authorities
The Consumer can send requests and complaints about the service to info@nivotravel.com or to the phone/WhatsApp line +90 534 919 48 91. Problems arising during the trip must be reported to the Seller without delay so that they can be remedied.
This Contract is governed by Turkish law. In disputes, the Consumer may apply to the Consumer Arbitration Committee (Tüketici Hakem Heyeti) at their place of residence or where the consumer transaction took place, within the monetary limits announced each year by the Ministry of Trade, and to the Consumer Courts (Tüketici Mahkemesi) for disputes above those limits. Where Law No. 6502 requires it, mediation must be sought before filing a lawsuit. Complaints concerning the activities of travel agencies may also be submitted to the Ministry of Culture and Tourism of the Republic of Türkiye.
