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Kutahya Chart

 
CHAPTER 1
 
INTRODUCTION
 
AIM AND QUALITY
 
1. TURSAB Tourism Consumer Demands Evaluation Chart is a resource to be utilized in evaluating the cost return requests of consumers in case of travel agencies' disruption or incomplete fulfillment of the services promised or supposed to consumers in package tours.
 
1.1. The chart will be used for the SERVICES that are marketed to the consumer under a single price and are referred to as “package tours” because of these features, the travel agency product that includes at least two of transportation, accommodation, city or environmental tour, hospitality, escort, welcome and rent-a-car services.
 
1.2. When the travel agency services that are not named as package tours or the tourism products such as accommodation or entertainment are offered to the consumer independently by the manufacturers, the chart can be applied by comparison. However, in such cases, it cannot be claimed that results are obtained according to the CHART in solving the problem.
 
1.3. The purpose of participating in the package tour can be for leisure and recreation, as well as for a commercial, health, sports or cultural reason. These situations do not prevent the implementation of the chart.
 
APPLICATION AREA LIMITS
 
2. The chart is applied in evaluating the services related to the travel package purchased by the consumer in relation to the realized travels.
 
2.1. The chart cannot be used for requests regarding unrealized, unattended or canceled tours. In such cases, the provisions of compensation law are applied.
 
2.2. The chart provisions are not applied for tours not exceeding 24 hours.
 
2.3. The provisions of this chart shall not apply for tours that are not abandoned by the consumer based on the deficiency claim based on the deficiency claim, which does not change the main feature of the product for the purpose of the purchase of the tour, or according to this schedule.
 
    
 
INVOLVED PARTIES OF THE CHART
 
3. The chart is applied in the evaluation of the requests from the parties regarding the travel agent of the product server and the seller, the other party to the purchaser and the participant (consumer).
 
3.1. In the event that the tour is purchased on behalf of someone else and the person who purchased the tour differs from the person participating in the tour, the consumer attribute belongs to the person participating in the tour.
 
3.2. If the person participating in the tour is a minor and not possible, the parent or guardian can exercise the right to apply on behalf of this person.
 
    
 
ENFORCEMENT OF THE INSTITUTION
 
4. The fact that consumer demands have been forwarded directly to the travel agency or TÜRSAB or other authority does not affect the application of the Schedule provisions in the evaluation of the request.
 
4.1. TÜRSAB Arbitration Board or Consumer Commissions are based on the provisions of this Schedule in evaluating consumer requests submitted to them.
 
4.2. This Table is the resource to be used in the evaluation of consumer demands of the Consumer Problems Arbitration Committees or the Consumer Courts, as they embody sectoral customs and customs.
 
    
 
THE CHART AND COMPENSATION CASES
 
5. The provisions of this table cannot be applied for material and moral damages in cases where the consumer does not realize the travel, becomes unnecessary for the purpose of the whole trip or lacks essential elements, and requests for material and moral damages regarding the cancellation of the trip by the product owner.
 
    
 
PROVING METHOD
 
6. The claim of deficiency is evaluated to the consumer in the event that the elements promised by advertising, brochures and other promotional tools and contracts or the elements required to be required by legislation and common customs are missing.
 
6.1. If the element subject to the deficiency is not an element that should be required by the legislation and common custom, this element must be proven with a written or printed document that the customer is committed to.
 
6.2. The claim of deficiency is evidenced by documents such as photographs and / or the minutes prepared with the signature of an interested person other than consumers.
 
    
 
RIGHTS OF DEMAND
 
7. The claim of deficiency can be claimed by people who cannot receive the services they will use due to this deficiency.
 
    
 
SUBSTITUTION OF SALE
 
8. If the item subject to the deficiency claim is presented to the consumer by the product owner from another business without bringing a separate burden and trouble to the consumer, the total refund is reduced by 50%.
 
 
CHAPTER 2
 
EVALUATION AND APPLICATION PRINCIPLES
 
    
 
PRODUCT DEFICIENCY AND ITS DENOUNCEMENT
 
10. In the event that the claim of deficiency or defect is reported to the travel agency or facility officer during the travel, and the deficiency or defect is not requested, the refund amount is reduced by 25%.
 
    
 
REPRESENTATION OF AUTHORITY
 
11. The authorized decision maker who reviews the return request has the authority to increase the total return rate by 25%.
 
    
 
CALCULATION METHOD
 
12. In determining the return rate, the percentage calculation is made from the transportation cost for the deficiencies related to the transportation included in the package, and the price other than the transportation fee for the deficiencies other than transportation.
 
12.1. In return requests arising from delay in transportation, calculation is made over the entire package price.
 
12.2. If it is not possible to determine the transportation cost in the package price in international or domestic tours, 30% of the package price is calculated as the transportation fee.
 
3.12. In packages where transportation or other services are offered as separate prices, the deficiency of each service is calculated over the price of that service.
 
12.4. The deficiencies calculated separately for each service related to the package consisting of interconnected services are summed up.
 
12.5. The total refund amount cannot exceed the package price.
 
    
 
EFFECT OF SPECIAL CASES
 
13. Return rates are the same for everyone and every event in the calculation. Special cases are reflected in the results within the framework of the principles in this table.
 
13.1. As the consumer has the right to discontinue the tour for justified reasons, in cases of deficiencies in the matters which are known by the travel agency, and that the travel agent is guaranteed in return for the consumer 50% of the payment for the tour is returned.
 
13.2. If the accommodation and other services are divided (such as Anatolian tour, Northern Europe tour) and the deficiencies occur in some of the services and this deficiency does not exceed 10% in total, the refund request is not considered.
 
13.3. In case the transportation covers at least 30% of the package tour time, the disruption in transportation is determined by the calculation made from the total package price.
 
13.4. In the return rates of the tours sold as foreign currency, the price is calculated over the foreign currency subject to the sale.
 
13.5. Deficiency claims that do not comply with the deficiency grouping in the calculation section and where the deficiency cannot be applied to this grouping are not taken into consideration.
 
    
 
LEAVING THE TOUR SHORT
 
14. If the deficiency or defect related to the consumer demand is in the amount that requires 50% or more return from the package product, the consumer is right to not participate in the tour or abandon the tour. If the tour is abandoned, consumer demand and compensation are calculated according to this schedule and the refund amount is increased by 20 percent.
 
In the right abandoned tours, the return fee is paid separately to the consumer.
 
    
 
RESIDENCE SERVICE OFFER
 
    
 
15. Even if the consumer has abandoned or completed the tour due to deficiency or defect, the travel agency may offer additional service or a discount to be applied on a new trip or a new trip instead of a refund. The consumer is free to choose from one of the above.
 
15.1. If the travel agency's additional travel proposal is accepted by the consumer, requests for return or compensation for the same event are considered to have been abandoned.
 
15.2. SERVICES to be offered to the consumer for compensation as additional travel may not be less than the SERVICES offered to other consumers participating in the same trip.
 
15.3. The consumer is deemed to waive the claim of deficiency in case of acceptance by the consumer of the services or discount offered to the place of additional or incomplete or defective services during the travel against the consumer's lack or defect claim.
 
15.4. The offer of additional service or a new tour or a price reduction in a new tour does not bind the travel agency in case of rejection of the offer and does not constitute evidence against it.
 
    
 
REGISTRATION RELATIONS
 
    
 
16. The consumer who claims the deficiency may apply to the travel agency that purchases the product or organizes the tour, or directly to the business offering the defective service, regardless of the deficiency.
 
16.1. The travel agency, which compensates for the deficiency or defect in return for the deficiency against the consumer, recovers this loss to the transportation company, accommodation facility or other enterprises where this deficiency is caused.
 
16.2. The ultimate responsible for the payments made for consumer demands arising from the fact that the services do not have the required features in accordance with the legislation is the enterprise producing the missing service. However, if the producer company informed the travel agency that created the package product in time, the responsibility is the travel agency.
 
16.3. The committed service features do not bind the undertaking.
 
CHAPTER 3
 
CALCULATION OF RETURN OF MONEY
 
    
 
ACCOMMODATION SERVICES
 
17. Discount rates stated in accommodation services are applied in exchange for the following deficiencies and defects.
 
17.1. Accommodation in a different place than the accommodation facility subject to the contract;
 
10% for distance at walking distance, 25% for distance exceeding 10 KM
 
17.2. Accommodation facility at different distances from specified centers (beach, market, etc.) for travel purposes;
 
17.2.1. 5% for distance at walking distance,
 
17.2.2. 15% for distance exceeding 5 KM
 
17.3. Providing a different room type to the consumer in the same accommodation facility but different from the room type specified in the contract;
 
17.3.1. Floor change 5%
 
17.3.2. 10% instead of hotel room apart.
 
17.4. The room-bed feature is different from that specified in the contract;
 
17.4.1. Two person accommodation single person difference (ssp) + 20% instead of single person accommodation,
 
17.4.2. 3 person accommodation single person difference (ssp) + 25% instead of single person accommodation,
 
17.4.3. 3 person accommodation 25% instead of double person accommodation,
 
17.5. In the case of accommodation in the same room, except for people from the same family or those who have booked together, a 5% extra is added to the return rates.
 
17.6. If the one-night room-bed feature is different, the accommodation discount is calculated by dividing the number of days.
 
7.17. The technical and furnishing features of the rooms are against the mandatory elements or the qualifications specified in the contract;
 
17.7.1. 25% absence of bathroom and WC or unusable,
 
17.7.2. No view or balcony (if specified in the contract) 10%,
 
17.7.3. Lack of heating or cooling system, not working or meeting the need 20% in winter or summer, 10% when these systems are not needed, (normal room temperature ~ 20-23 o)
 
17.7.4. Hot water is not at the amount and pressure to meet the need (~ 25o) 25%,
 
17.7.5. No radio and TV 10%,
 
17.7.6. 10% dirty maintenance free and no hauskeeping service,
 
8.17. Lack of common areas and features of the accommodation facility;
 
17.8.1. Lack or failure of heating and cooling systems 10% in summer or winter
 
17.8.2. Lack of system when there is no need for heating and cooling 5%
 
17.8.3. In the absence or operation of the elevator, 10% of the facilities on the ground more than +3 floors,
 
17.8.4. Lack of cleaning services 20%,
 
17.8.5. No towel and bed linen change (for accommodation more than 3 days) 10%,
 
17.8.6. In the absence of additional services (such as massage, hairdresser) 2% for each additional service, maximum 10%
 
17.8.7. In case of lack of facilities (such as sauna, tennis court, gym, golf, Sailing, surfing, diving school and no materials) 5%, maximum 10% for each facility,
 
17.8.8. Lack of open swimming pool or closed for use (for summer months) 20%,
 
17.8.9. No indoor pool or closed use (for winter months) 25%,
 
17.08.10. 10% lack of childcare facilities and facilities,
 
17.08.11. 25% in the absence of beach or snow ski technical facilities,
 
17.08.12. Insufficient snow ski facilities 15%,
 
08.17.13. Lack of therapy and thermal services 20%,
 
    
 
FOOD AND ENTERTAINMENT
 
18. The following return rates apply for deficiencies in food and entertainment services:
 
18.1. Lack of entertainment and facilities (disco, nightclub, animation) 5%, maximum 10% for each deficiency,
 
18.2. No restaurant (in apartments) 15%,
 
18.3. No restaurant (hotel, motel and holiday village) 30%,
 
18.4. No market (in apartments) 15%,
 
18.5. Less than 3 kinds of meals (for bed & breakfast, half and full board) 5%.
 
    
 
ENVIRONMENTAL FEATURES
 
19. The following return rates are applied for deficiencies occurring according to the environmental characteristics of the facilities:
 
19.1. Construction activity within the accommodation facility or closer than 20 m 10%,
 
2.19. There is no open road between the accommodation facility and its outbuildings or city and public places, 15%,
 
19.3. There is an uncomfortable open garbage area within 50 m of the accommodation facility, 5%,
 
19.4. 5% constant and severe noise source around the accommodation facility,
 
    
 
TOUR SERVICES
 
20. In the event of a lack of tour services, the following refund rates apply:
 
20.1.No guidance for group A travel agencies on tours, and tour leaders of group C travel agencies for lack of tour leaders;
 
20.1.1. 15% in daily environmental tours,
 
20.1.2. 25% for overnight tours,
 
20.1.3. 40% in special interest tours,
 
20.2. Due to the change of the tour route, not to visit or enter the ruins, the entrance fee of the ruins is + 10%,
 
20.3. 5% lack of service in the transportation vehicle while traveling,
 
20.4. 20% that the quality of the transport vehicle is against the contract,
 
20.5. 5% bad behavior of guide, tour leader, driver and service staff,
 
    
 
TRANSPORTATION SERVICES
 
21. The following refund rates apply for deficiencies in transportation services:
 
21.1. Movement time delay more than 6 hours and up to 8 hours 5%,
 
21.2. Depending on the departure time of more than 8 hours, the price of the package, 1 day price amount,
 
21.3. Lack of service in the vehicle 5%,
 
21.4. Taxi fee for transfer distance in case of no transfer.