General Terms and Conditions
Welcome to the ChECSTOURS.com website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our" and "ChECSTOURS.com" refer to ChECSTOURS.com, a Turkish limited product line from ChECS ENERJI LTD. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration rather than in court. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that
1. you are at least 18 years of age,
2. you possess the legal authority to create a binding legal obligation,
3. you will use this Website in accordance with this Agreement,
4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
5. all information supplied by you on this Website is true, accurate, current and complete, and
6. if you have a ChECSTOURS.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
ChECSTOURS.com is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims Turkish court, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted this Agreement regardless of whether prior versions of the Agreement required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Agreement as a court would.
Arbitrations will be conducted by the Turkish Arbitration Association (TAA).
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “ChECS ENERJI LTD Legal: Arbitration Claim Manager for ChECS TOURS,” at Meridyen Is Merkezi Ofis 334, Merter Zeytinburnu Istanbul, Turkey 34010 and to the email email@example.com . If we request arbitration against you, we will give you notice at the email address or street address you have provided.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
1. use this Website or its contents for any commercial purpose;
2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in ChECSTOURS.com cancelling any bookings associated with your name, email address, or account, and closing any associated ChECSTOURS.com accounts. If you have conducted any fraudulent activity, ChECSTOURS.com reserves the right to take any necessary legal action and you may be liable for monetary losses to ChECSTOURS.com, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, ChECSTOURS, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in ChECSTOURS.com debiting your account for any costs ChECSTOURS.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.
Group Bookings policies will be reflected from the hotel, reseller policies. Please read carefully their respective terms and conditions as ChECSTOURS will apply same policies for cancellation rights by the supplier.
LONG STAY BOOKINGS
Long Stay Bookings policies will be reflected from the hotel, reseller policies. Please read carefully their respective terms and conditions as ChECSTOURS will apply same policies for cancellation rights by the supplier.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, photographs, video, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you (a) grant ChECSTOURS.com and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) grant ChECSTOURS.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that ChECSTOURS.com may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion. You further grant ChECSTOURS.com the right to pursue at law any person or entity that violates your or ChECSTOURS.com's rights in the Submissions by a breach of this Agreement. We take no responsibility and assume no liability for any Submissions posted or submitted by you. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that ChECSTOURS.com has the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to:
“ChECS ENERJI LTD Legal: Arbitration Claim Manager for ChECS TOURS,” at Meridyen Is Merkezi Ofis 334, Merter Zeytinburnu Istanbul, Turkey 34010 and to the email firstname.lastname@example.org
We will review and address all notices that comply with the requirements above.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
PREPAID HOTEL RESERVATIONS
You acknowledge that ChECSTOURS.com pre-agrees certain room rates with hotel suppliers to facilitate the booking of reservations. The room rate displayed on the Website is a combination of the pre- agreed room rate for rooms reserved for you by ChECSTOURS.com and the facilitation fee retained by ChECSTOURS.com to compensate us for our services. You authorize ChECSTOURS.com to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on ChECSTOURS.com’s services. You agree that your credit card will be charged by ChECSTOURS.com for the total reservation price and that this amount will be collected by ChECSTOURS.com on behalf of the hotel supplier. Upon submitting your reservation request you authorize ChECSTOURS.com to facilitate hotel reservations for you, including making payment arrangements with hotel suppliers.
You acknowledge that, except as provided below with respect to tax obligations on the amounts we retain for our services, ChECSTOURS.com does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that ChECSTOURS.com pays to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. ChECSTOURS.com does not act as co-vendors with the supplier with whom we book or reserve the customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by ChECSTOURS.com to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by customers. We retain our fees as compensation for the travel reservation. Our fees vary based on the amount and type of hotel reservation.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
PAY NOW ONLINE OR PAY LATER AT HOTEL DETAILS
With certain ChECSTOURS, you may be presented with the option to pay online immediately or to pay later at the hotel itself. If you select the option to pay online immediately, you will be charged the amount in the currency that you select immediately. The company taking that payment and charging your credit card will be either (1) Trust My Travel, taking such payment on behalf of the travel service provider; or (2) the travel service provider directly. “TMT” means Trust My Travel. If you select to pay later at the hotel itself, the hotel will charge you in the local currency of the relevant hotel at the time of your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. You shall provide the details of your payment card and the supplier or ChECSTOURS.com will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card). ChECSTOURS.com reserves the right to cancel your booking if full payment is not received in a timely fashion (please see Supplier Rules and Restrictions).
Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
The price of the travel services will be as quoted on the website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. Despite ChECSTOURS.com’s best efforts, some of the travel services listed on the website may be incorrectly priced. CHECSTOURS.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. ChECSTOURS.com is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking
You acknowledge that ChECSTOURS.com pre-agrees certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that ChECSTOURS.com facilitates such booking of reservations for a consideration (the "facilitation fee"). The service rate (room rate, transfer rate, attractions rate…) displayed on the Website is a combination of the pre-agreed rate for services reserved for you by ChECSTOURS.com, and the facilitation fee retained by ChECSTOURS.com for their services. You authorize ChECSTOURS.com to book reservations for the total reservation price, which includes the service rate (room rate, transfer rate, attractions rate…) displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the ChECSTOURS.com services. You agree that your credit card will be charged by ChECSTOURS.com for the total reservation price, to be collected by ChECSTOURS.com on behalf of the supplier. Upon submitting your reservation request you authorize ChECSTOURS.com, including TMT or PayPal, to facilitate hotel reservations for you, including making payment arrangements with hotel suppliers.
CHANGES OR CANCELLATIONS
You can change or cancel your lodging booking either online under your Reservations when signed into your ChECSTOURS.com account, or by calling our customer services number +90 537 354 0920.
You can change your guest name (except for airport transfers which requires at least 24 hrs in advance notification for the guest name change), bed type, smoking preference, special requests, accessibility options, room type, number of guests and travel dates at no charge to you by ChECSTOURS.com. Lodging suppliers may impose other change and/or cancellation fees. Charges vary by reservation, so please review your confirmation email for details.
You agree to pay any supplier required cancellation or change fees that you incur. In limited cases, some service providers (Hotels, Attractions agencies etc…) do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the service reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid service reservations.
In the event that a service provider (hotel, airport transfer company, attractions agencies… ) is unable to honor your booking, ChECSTOURS.com will not be liable for any cost incurred due to relocation.
If you do not show for the first night of your reservation but plan to check-in for subsequent nights in the reservation, you must confirm the reservation with ChECSTOURS.com no later than the original date of check-in to prevent cancellation of the whole booking. If you do not confirm the booking changes with ChECSTOURS.com the whole booking may be cancelled and refunds will only be due to you in line with the Rules and Restrictions of the particular hotel, as notified in the booking process.
These terms and conditions may not be changed by any unauthorized person, including employees of ChECSTOURS.com.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. ChECSTOURS.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, CHECSTOURS.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.