This contract is signed between KAIROS Tourism & Travel at Altkapili Mah. Sehit Turan Cad., No:7/9 50400 Urgup / Turkiye, herein after referred to as ‘Kairos Travel’; and Mr / Mrs ……………., at …………………. herein after referred to as ‘client(s)’
All tours in this brochure and the website addressed at urls : http://www.kairostravels.com, http://www.pasabag.com and http://www.kairos.travel are operated by ‘Kairos Travel’. The attention of the client is drawn to the conditions below which constitute the contract between the client and Kairos Travel. We strongly recommend you to book your tour as early as possible to ensure your place on the desired tour. Kairos Travel accepts all major credit cards.
Tour Membership : Any person aged 12 or over is eligible, though if under 18 years of age, must be accompanied by a parent or guardian with proof satisfactory to Kairos Travel in its sole discretion that such person has the requisite authority to have custody and care for such child. Unless such proof is furnished to Kairos Travel, Kairos Travel shall have the right to decline or retain any such child as a tour passenger.
1). All bookings are made and accepted subject to the terms set out herein and further, the conditions and guidance set out under “Things you should know”.
2). When requested to confirm your booking, (either orally or in writing) we will do so immediately. In return you will send us your deposit of 30% per person with a deadline of 8 weeks before departure.
3). The client making the booking does so for all other persons named as travelling in that clients’ party. As the principal client making booking that client is obliged to:
(i) Bring these terms and conditions to all others in the party;
(ii) Establish their needs in relation to travel insurance. (Please refer to “Things you should know”);
(iii) Become principally liable to Kairos Travel for the cost of the holiday.
4). The balance of the holiday cost must be received by us at least 4 weeks before the departure date, otherwise we reserve the right to cancel your booking, and you could be liable to pay cancellation charges of up to 100% of the final holiday cost as shown in condition No 10.
5). For all bookings made within 4 weeks of departure, the holiday is confirmed as soon as oral confirmation is given over the telephone, or written confirmation is given by any means of transmittal. If you subsequently cancel your booking, cancellation charges shown in condition No 10 apply. All monies in respect to the total cost of the holiday must accompany the signed booking form.
6). Your holiday price may increase for various reasons over which we have no control. These include government action, (either domestic or overseas), currency fluctuation, aircraft fuel charges, overflying charges and increases in airfares. In the event of these or similar increases, we will absorb the equivalent of 2% of the holiday price excluding insurance premiums. Thereafter, amounts in excess of 2% will be charged to the client will be entitled to cancel the holiday for a full refund (excluding any premium paid for insurance). If the client cancels due to surcharge, the client must do so in writing within 14 days of the date upon the surcharge.
7). Kairos Travel shall have the right to cancel a client’s holiday but only in the following circumstances and in the following terms.
(a) At any time owing to Force Majeure, in which case Kairos Travel shall offer if available holiday arrangements of a similar standard provided by Kairos Travel or refund all monies paid by the Client in respect of the arrangements showing on Kairos Travel’ confirmation invoice within 14 days;
(b) At the due date if the Client has failed to pay the full balance of the holiday price in accordance with Booking Condition No. 1, in which case cancellation charges as per Booking Condition No. 10 will apply;
(c) At any time, should Kairos Travel so decide in which case Kairos Travel shall make the other or refund as mentioned in paragraph (a) above. Provided that Kairos Travel uses its best endeavours to comply with this Booking Condition, Kairos Travel will not be liable for any breach of contract or claim that may arise as a result of inconvenience suffered.
9). ALTERATIONS BY THE CLIENT :
(a) If the Client needs to cancel, part cancel or change accommodation, flights dates or names or the party from that which was originally confirmed by Kairos Travel 32 days or more before the departure, Kairos Travel additionally reserves the right to charge a fee of USD 100.
(b) If a client wishes to cancel, party cancel or change accommodation, flights, dates and names of the party within 56 days of departure, the client shall pay the percentage cancellation charges set out in Booking Condition No. 10. Kairos Travel reserves the right to re-calculate the holiday price for the remaining clients taking into account the financial consequences of any partial cancellation.
(c) If a Client chooses to modify the arrangements after commencement of the holiday ie. change accommodation or the duration of the stay, they will be deemed to be breaking their contract with Kairos Travel. Kairos Travel cannot therefore accept liability for any loss, damage, or additional expenses and no refunds for unutilised services or arrangements will be made.
10). CANCELLATIONS BY THE CLIENT :
All cancellations by the Client must be in writing from the person who signed the booking form, by recorded delivery. Cancellation applies only from the date of receipt by Kairos of cancellation notification. If the cancellation notification is received 57 days or more before the departure date, only the holiday deposit and insurance premium are forfeited. Within this period, the following percentage will be payable as a cancellation charge by the client :
56-32 days: Deposit only;
31-7 days: 50%;
7 days-1 day: 75%;
on or after departure: 100%.
The above cancellation charges represent the best possible estimate by Kairos Travel of the likely losses as a result of your cancellation. They shall also apply to holidays, which are foreshortened, after they have been booked. In the event of a cancellation charge arising under this clause the amount due must be paid by the Client to the Kairos Travel within 7 days of the charge arising, notwithstanding the fact the Client’s holiday insurance policy may cover the cancellation charge. It is the Client’s responsibility to claim any insurance monies due as Kairos Travel cannot claim on behalf of the client.
11). LIABILITY OF KAIROS & RESPONSIBILITIES OF THE CLIENT :
(a) All bookings for conveyance are accepted by the Client subject to the conditions of carriage appearing on the ticket or voucher issued by the carrier and Kairos Travel shall not be liable in respect of such conveyance. Thus, Kairos Travel accepts responsibility, should the services it is contractually obliged prove deficient or not of reasonable standards. This will not apply in circumstances amounting to Force Majeure.
(b) Kairos Travel and/or their agents, act only as agents for the passenger in regard to travel, whether by motorcar, van, minibus, boat, or airplane and assume no liability for injury, damage, loss, or accident, delay or irregularity which may be occasioned either by reason of default of any company or person engaged in conveying the passenger or in carrying out the arrangements of the tour. They cannot accept responsibility for losses, or additional expenses due to delay or changes in air or other services, sicknesses, strike, war, quarantine, or other causes. All such losses or expenses shall be borne by the passenger as tour rates provide for arrangements only for the time stated. The right is reserved to substitute hotels with best available alternatives for those indicated and to make any changes in the itinerary where deemed necessary or caused by air schedules or other reasons. The prices of the tours were based on tariffs and exchange rates in effect at time of printing (March 99) and are subject to adjustment in the event of any change therein. The issue and acceptance of voucher or tickets shall be deemed to be consent to the above conditions.
(c) Any claims made pursuant to (a) above, must be notified to Kairos Travel within 3 weeks of return from holiday and shall be subject to Turkish Law. The Client must assign to Kairos Travel all rights against any party to the claim and must give Kairos Travel and its insurers full assistance in claiming against such party.
(d) All arrangements for land accommodations and transportation are made by Kairos Travel. Any action or proceeding arising out of any dispute with respect to these tours or this agreement shall be brought in a court in Urgup, in Nevsehir province. You hereby submit to the jurisdiction of such courts in connection with any such action or proceeding.
(e) All clients must be insured and are responsible for arranging this themselves before arriving at Turkey.
(f) Outdoor activities are potentially risky; all clients who participate in tours do so at their own risk. Kairos Travel is not responsible, nor does it accept any liability for death, personal injury, or illness caused to anyone on a tour.
(g) Kairos Travel is not responsible for the condition of any route on the tour. The Client follows routes at his/ her own risk.
(h) Kairos Travel reserves the right to prohibit any person/s from taking part in a tour, or part of a tour, who in the opinion of the guide is a danger to themselves, or to other members of the group, or who may cause exceptional interference with the day’s activity.
(i) All clients must observe the laws in Turkey, and must possess correct visas and passports. Kairos Travel is not responsible for any additional expenses or losses incurred by failure to produce the relevant documents.
Compensation will not be payable if we are found to cancel or in any way change your holiday due to war, or threat of war, riots, civil commotion, industrial disputes, disaster, terrorist activities, technical or other problems with transportation, closure of airport or seaports, alteration or cancellation of scheduled services or other events outside our control. This contract is made on the terms of these Booking Conditions, which are governed by Turkish Law, and Clients shall submit the jurisdiction of the Turkish courts.
12). Our contracts with hotels and carriers provide for the allocation of rooms or seats to us. Your booking will be made within those allocations. But no specific rooms or seats can or will be confirmed. Although we will endeavour wherever possible to meet special requests shown on your booking form, no guarantee is given.
13). Kairos Travel reserves the right in its absolute discretion to terminate without notice, the holiday arrangements of any Kairos Travel passenger whose behaviour is such that likely in the opinion of Kairos Travel to cause distress, damage, annoyance or danger to any third party. In the event of such termination, no compensation will be paid.
14). Kairos Travel will not reimburse any customer who changes or does not utilise any part of the package arrangements, which they have booked and paid for with this company.
15). We reserve the right to change the itinerary to any of the tours if for any reason we think a certain destination is not suitable. This decision may arise from adverse weather conditions or any factor, which is beyond our control. The tour guide or the captain has final discretion on this matter.
16). The itinerary for the mentioned booking is enclosed to the booking conditions.