Terms & Conditions
The following Terms and Conditions together with the General Information contained on our website form the basis of Client’s contract with Pera Air and Tourism Inc. (doing business [d.b.a.] as Kaktüs Tourism Travel Agency; Turkey Registration No A-2713). Please read them carefully as they set out our respective rights and obligations.
They vary depending on whether you make a booking with us for Individual Components or Package tours. If you book Individual Components with us, we will make the booking as agent for the relevant supplier(s) (e.g. the airline or hotel or boat or cruise ship supplier or car rent) and your contract will be subject to the supplier's own terms and conditions which could limit or exclude liability to you, often in accordance with international conventions. Copies of the supplier's terms and the international conventions are available on request or on the relative web sites. If you book a package tour, your contract will be with Pera Air and Tourism Inc.
They can also vary depending on whether you make a booking with us as Individual Clients (1-10 people) or as a Group (11 people and more).
These terms and conditions set out the rights and obligations which exist between the Operator and the Customer. All Clients will be deemed to read, understand & accept these terms and conditions
“Pera”, “Operator”, “we”, “us”, “ours” is Pera Air & Tourism Inc. (doing business [d.b.a.] as Kaktüs Tourism Travel Agency);
“Client”, ‘Customer”, “you” is any individual or legal entity (including anyone who is added or substituted at a later date) named on the booking form and buying Product from the Operator;
“Product” is (are) any service (s) sold by Operator;
“Package Tours” - under the definition must comprise at least two of the following elements: transport, accommodation and/or other tourist service viewed as an essential component of the package. The combination shall further be arranged, sold or marketed in advance at an all-in price and last more than 24 hours or include one night’s accommodation;
“Individual Components” means any separate travel arrangements which do not form part of the package tour, such as flight only, accommodation only or other separate travel arrangement;
“Accommodation only” means any accommodation (of whatever type) which is arranged by us and does not form part of a package;
“Individual Clients” – means a party of less than 10 people traveling together on the same itinerary;
“Group” means a party of more than 10 people traveling together on the same itinerary;
“Arrangements” and “Holiday” means Individual Components only, or Operator’s package, as applicable;
“Booking” means any reservation of any arrangements or holiday;
“Flight(s)” means any flight booked as Individual Component or forming part of an Operator package;
“Ticket(s)” means the document which, subject to compliance with all applicable requirements, will enable you to gain access to your flight. References to a “ticket” include an e-ticket and any equivalent document;
“Minor” means any individual less than 18 years of age, or as defined under the laws of their jurisdiction or residence.
3. TERMS AND CONDITIONS WHICH APPLY TO ALL BOOKINGS WITH PERA
A contract between the Client & the Operator comes into existence after we confirm the booking in writing & issue a Confirmation Invoice. It is understood that the person who signs & sends the booking form on behalf of the Client warrants that she/he has full authority to do so on behalf of all persons whose names appear thereon & confirms that all such persons are fully aware of & understand these terms & conditions. The said contract, including all matters arising from it, is subject to Turkish Law & the exclusive jurisdiction of the Turkish Courts.
No employee or representative of the Operator is neither authorized to alter, vary or waive any of these terms & conditions, nor to undertake any liability, whatsoever, on behalf of the Operator, unless such be in writing & signed by the Managing Director of the Operator.
No contract will come into existence between Operator & Client until we accept your booking and we receive your deposit or full payment in cleared funds. We reserve the right to refuse, at our sole discretion, any booking. For online bookings, the contract will come into existence upon acceptance of the booking conditions presented at the end of the booking process and once we have received your deposit or full payment in cleared funds. For Individual Components, the contract will come into existence upon acceptance of the booking & payment conditions of the relevant supplier (s) presented on the supplier’s web site (s).
Please check the Confirmation Invoice together with all other documents we send you as soon as you receive them. Contact us immediately if any information which appears on the Confirmation Invoice or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within ten days of our sending it out. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is good reason why you did not contact us within the above time limits.
All services offered are subject to availability.
Our services may only be used by individuals and organizations that can form legally binding contracts under applicable law. If you do not qualify, please do not use peraair.com. We do not sell any product to Minors. You warrant that you are over 18 years of age or are a legal entity such as Travel agency, Tour Operator, Tour Organizer, Event Organizer, etc.
5. SCOPE OF THE BOOKING
The booking covers the services agreed between Pera and the Client. These services are described individually for each tour. In assessing what has been agreed, account should be taken of the travel document issued, with importance being attached to the promises made in the Operator’s brochures, advertisements and other marketing material, and what the Client can expect in relation to the specified material.
6. CURRENCY, PRICES AND PAYMENT
All our prices are shown in Euros and include VAT.
All prices are based on current exchange rates (Turkish Lira to EURO) and are subject to change without notice. If the TL (Turkish Lira) devalues by 5% or more, the Operator reserves the right to increase prices accordingly. The Operator reserves the right to adjust the rates in the event of tax alterations and unforeseen burdens chargeable to the Operator.
We accept payment by wire transfer and by Debit and Credit Card (Visa & MasterCard). In all cases the EURO is applicable in the first instance. Debit & Credit card payments are processed in Euros and converted into US Dollars or GB Pounds at the current rate of exchange. A US Dollar or GB Pound invoice can be issued on request for clients wishing to pay in the relative currency. Payment by debit & credit card incurs a bank charge of 2%. Payments made by wire transfer must include an additional €55 (or its equivalent in US Dollars or GB Pounds) wire transfer fee. We preserve the right to invoice any higher processing fees that might be charged by the respective banks.
Debit & Credit Card charges will be accepted by phone or online to fulfill non-refundable deposit requirement. Final payment will be processed upon submission of a completed PERA Debit - Credit Card Form (PDF Version | html version) or online. Third-party credit cards are not acceptable. All payments made within 15 days or less of departure must be in the form of credit card or wire transfers and should be delivered to Our account no later than 5 days following the reservation but before clients’ arrival at the resort.
Credit Card information: Your credit card information is sent to us through a secure server. We use the latest, most secure technology available, which encrypts all your personal and credit card details. The encryption method used is the industry standard Secure Socket Layer (SSL) technology for our SSL certificate has been issued by Rapid.
Prices for Individual Components (except hotel room rates) are given per person. Hotels room rates are given per room and per night.
Prices for package tours can vary from program to program and are either per person based upon shared double/twin room occupancy or per room which is stated in the program inclusions. Prices do not include items of a personal nature such as laundry, wines, water, beverages, food other than breakfasts and, in some cases the table d'hote menu unless specifically indicated in the package inclusions, taxes, passport and visa fees, insurance, and foreign port taxes unless specifically indicated in the package inclusions. Prices are correct at time of publication; however, as airfares continually fluctuate and classes of service may have limited capacity, tour package prices and availability will change accordingly. In case of human or computer error, Pera Air and Tourism Inc. reserves the right to re-invoice for the correct price or service. A full refund will be made to passengers who choose not to pay an increase, provided Pera Air & Tourism Inc. receives a written cancellation within five days of the price increase notification.
The price for arrangements varies significantly depending, in particular, on the period when the holiday is taken, the number of people traveling and the airline / type of flight ticket booked. Our prices are contractual tariffs. No claim relating to the price of any arrangements will be considered once the booking has been confirmed.
For arrangements including accommodation and transport, the prices are calculated on the basis of the number of nights stayed and not the number of whole days.
Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey in the country of your residence. Travel insurance is a mandatory element of travel arrangements. We may be able to arrange travel insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance.
8. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the Embassy and/or Consulate of the Turkish Republic in your country of residence. Requirements may change and you should check for up-to-date position in good time before booking/departure. We accept no liability if you are refused entry onto the flight or into the country due to failure on your part to carry the correct passport, visa or other documents required by any airline, authority or country. You must have a passport which is valid for six months after your intended date of return. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.
You can find a link to the Ministry of Foreign Affairs of Turkey on this web page, under “Turkey Guide” section.
9. SPECIAL REQUESTS AND MEDICAL PROBLEMS
If you have any special requests, please advise us at time of booking. Although we will endeavor to pass any such requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. If you have any medical problem or disability which may affect your arrangements, you must advise us in writing before of booking, giving full details. Regrettably, some of the destinations in Turkey do not have all necessary facilities required by disabled travelers. If we feel unable to properly accommodate your particular needs, we must reserve the right to decline/cancel your booking.
You accept responsibility to ensure that you and/or the members of your party do not behave in a way which causes offense to others or risks any loss or damage to property belonging to others. Payments for any such damage or loss must be made at the time direct to the accommodation owner or manager or other supplier. You indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions. We expect all clients to have consideration for other people. If in our reasonable opinion or in the opinion of any other persons in authority you are behaving in such a way to cause or to be likely to cause distress, danger or annoyance to any third party or damage to property, we reserve the right to terminate your arrangements without notice. In this situation your total booking with us will immediately cease and we will not be responsible for paying any costs, expenses, refunds or compensation.
11. FORCE MAJEURE
Except where otherwise stated in these terms and conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause “Our Liability to you”  below) as a result of force majeure. In these terms and conditions force majeure means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. These can include, but is not limited, war or threat of war, civil strife, industrial dispute including air traffic control disputes, terrorist activity and its consequences, natural and nuclear disaster, fire or adverse weather conditions, epidemics & pandemics, unavoidable technical problems with transport, closure or congestion of airports or ports. You can check the current position of any country by contacting the relative institutions responsible for such information in your country of residence.
12. PERSONAL INJURY UNCONNECTED WITH YOUR BOOKED TRAVEL ARRANGEMENTS
If you, or any member of your party, suffer death, illness or injury whilst on trip arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs or benefits received under any relevant insurance policy to ourselves.
13. ACCOMMODATION AND STAYS
The Operator does not endorse or recommend any particular hotels. Reasonable care has been taken that the content of this web site is correct but it is subject to amendment at any time without notice. All content on this web site is published in good faith but YOU ACKNOWLEDGE THAT PERA, AS A BOOKING AGENT, CANNOT FULLY CHECK AND WILL NOT BE RESPONSIBLE FOR THE ACCURACY OF ALL INFORMATION PROVIDED BY HOTELS. We do not have access to complete room availability records at each hotel (in case of booking as individual component). If a hotel does not have rooms available for immediate booking through PERA, then our allocation of rooms at the contracted rate may be sold out.
Star ratings are used to symbolize the overall quality, level of service, food standard and range of facilities available in any given property. They may differ from international standards but the outlines below will give a general understanding of what can typically be expected within each category: (THESE RATINGS ARE FOR GUIDANCE PURPOSES ONLY AND ARE NOT A GUARANTEE OR WARRANTY OF ANY KIND BY PERA AIR AND TOURISM).
ST = Superior Tourist Class = 3*** star. Sophisticated, coherent facilities with homely character. Class of guest with demands that go beyond the pure overnight stay facility and modest comfort. The facilities are well maintained and basically matching.
MF = Moderate First Class, usually boutique or authentic, modern facilities = 4**** star. Spacious enough rooms, high quality furnishings and in very good condition because of high level of maintenance, a high level and intensity of service.
FC = First class, modern facilities = 4**** star. Generous space with high quality modern furnishings, good noise insulation, sufficient level of service.
SF= Superior First Class, generous scale with exclusive, luxurious furnishings and uniform design. The guests expect impeccable condition of the hardware and perfect service quality with very high staff commitment.
MD = Moderate Deluxe
D = Deluxe
Exclusive, luxurious facilities
Fine, high quality and elegant materials with uniform design. Architecture, facilities, ambience, service level for a class of guest found in the international luxury hotel sector.
Demarcation to 4 Star category:
More luxurious, unmistakable character of establishment, all hardware in immaculate condition, perfect quality of service with very high staff commitment. Generously proportioned accommodation, for example by structural separation of living and sleeping facilities.
The guests expect uncompromised international luxury hospitality.
The room types used by the Operator are as follows:
Single room: Accommodation for one adult in a room with one bed. They are subject to supplement. Bed sizes for this room type are usually Double”, “Queen Bed” or “King Bed”; however at some properties it might be “Single” bed.
Twin room: Accommodation for two adults in a room with two separate beds. Bed sizes for this room type are usually twin or full. (Twin, this term normally refers to bed of 99 cm wide and 190,5 cm long; “ Full”, this term normally refers to bed of 137 cm wide and 190,5 cm long)
Double room: Accommodation for two adults in a room with one bed. Bed sizes for this room type are usually “Full”, “Queen or “King” bed.
Double for single use: Accommodation for one adult in a room with one bed. Bed sizes for this room type are usually “Full” Queen or “King” bed. The charge for this room is same as double.
Triple room: Accommodation for three adults in a room with three “twin” beds or two “twin” & extra bed or “Full”, “Queen”, “King” & extra bed. (“Extra”, this term normally refers to bunk beds, fold-away beds or sofa beds). They are subject to supplement.
Baby Cot: Suitable for a child under the age of 2 years. These must be requested at the time of booking. Hotels in Turkey usually provide “cot” free of charge.
Family room: Usually, two adjoin twin or double rooms or triple or quadruple rooms have 3 of 4 proper beds of standard size and there is therefore no reduction.
Taking possession of and vacating your room
It is not generally possible to have access to hotel rooms until 14:00, whatever the time of arrival of the flight, and rooms must usually be vacated before 12:00 pm, whatever the time of the return flight. These are standard times for the hotel industry but please check the details of your particular booking as these may vary slightly from time to time.
For all hotel reservations, not included into the Package Tour, you may arrive at your chosen accommodation from 14:00 onwards unless otherwise stated in your travel documents.
For all self-catering reservations, not included into the Package, you may arrive at your accommodation from 16:00 onwards unless otherwise stated in your travel documents. All rooms must be vacated before 12:00 pm on the day of departure.
14. CAR RENTAL
All self-drive cars in Turkey include unlimited mileage, local taxes and third party insurance. This means that if you have an accident, the other party is covered.
Under the third party insurance policy, the hirer is responsible for all damage to the rental car and must have an imprint of a major credit card with the car rental company at the start of the rental to cover any damages that may occur. Collision Damage Waiver (CDW) is usually included in the car hire charge for 1 driver; for second driver it is provided at a supplementary charge.
The driver in a rental car may choose to take out Personal Accident Insurance (PAI) to cover injuries received while driving. This is at a supplemented cost and can be paid directly to the car hire company.
The driver and passengers in a rental car may choose to take out LCF (Windscreen, Headlights breakages and Tire torn) insurance. This is at a supplemented cost and can be paid directly to the car hire company. Clients who don't wish to buy LCF insurance and who pay cash will be requested a deposit payment between 300 and 500 Euro (varies from one car rental company to another). By returning the car and controlling the car the money will be paid back immediately on spot.
Hirer must be between 20 and 75 years of age. For certain car groups other restrictions may apply. Drivers must hold a valid driving license which they have held for at least 2 years prior to rental.
Gasoline is the hirers’ responsibility and is not included in the car price.
The additional charges to cover an additional driver are payable at the start of hire directly to the car hire company.
We endeavor to illustrate the services we offer using photographs or illustrations that provide a realistic representation of the services offered. However please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are binding only to the extent that they illustrate the type or standard of such services.
16. CHANGES AND CANCELLATIONS BY YOU
If you wish to change your travel arrangements in any way, for example your chosen departure date, your chosen route or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the party leader or person or entity that paid for the booking. You will be asked to pay a minimum administration charge of €50 per person and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer you are to your departure date. Changing dates or numbers travelling are major changes which may have to be treated as cancellations and subsequent rebooking and could incur a cancellation charge of up to 100% of that part of the arrangements. Please be aware that most travel providers will not allow a name change and this will be considered a cancellation.
For flight inclusive bookings, any changes may be treated as cancellation and cancellation charges will apply in accordance with individual airline policy.
Should you need to cancel your holiday once it has been confirmed, the party leader or person or entity who paid for the booking must immediately advise us in writing by fax or e-mail. We will then send you a document advising you of the cancellation charges and any other applicable costs which you must approve within the stated time in order to confirm your request. Any approval received outside the stated time frame allowed may result in additional costs, of which you will be informed by e-mail. It is essential that you return your written approval as otherwise your original booking will stand. Subject to receipt of your written approval of the above document within the stated time, your notice of cancellation will only be effective when received by us in writing.
The cancellation of your booking for whatever reason does not exempt you from paying all the sums that you owe to Pera.
The cancellation charges payable vary depending on the suppliers concerned. Subject to any special provisions applicable to the arrangements confirmed, the following scale of charges will apply where you have booked Individual Components or a Pera package. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling, excluding booking fees and amendment charges. Booking fees and amendment charges are not refundable in the event of cancellation.
The scales show the maximum charges applicable. In practice the charges will often be lower. Charges depend on the date we are notified of the cancellation in writing.
Cancellation and administration charges will be deducted from any refund payable in the event of cancellation, and will be charged to you in the event of an alteration.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price, discount(s), concessions or included services agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
Any interrupted or shortened stay, or any service not actually taken up by you, for whatever reason, (including in the event that you do not arrive at the starting point or fail to arrive in time), does not entitle you to a refund.
Any unused tour vouchers for hotels, B&B’s, car rental or any other unused services are not exchangeable or refundable.
C). Cancellation of Pera Package Tours*
Individual Clients: For Package Tours, unless your confirmation invoice specifies different cancellation charges, the charges below shall apply:
|- Between confirmation & 42 days prior the departure
||: deposit only
|- Between 41 & 31 days prior the departure
||: 10% (but minimum €50)
|- Between 30 & 22 days prior the departure
|- Between 21 & 15 days prior the departure
|- Between 14 & 8 days prior the departure
|- Between 7 & up to departure
|- In case of absence
Groups: For Package Tours, unless confirmation invoice specifies different cancellation charges, the charges below shall apply:
|- Between confirmation & 91 days prior the departure
||: deposit only
|- Between 90 & 61 days prior the departure
|- Between 60 & 31 days prior the departure
|- Between 30 & 16 days prior the departure
|- Between 15 days prior the departure & onward
*Subject to amount of cancellation charge documents being issued
*Shown as percentage of the full price for the tours
Important: Any cancellation affecting the flight element of a PERA package will involve minimum cancellation charges equivalent to the price of the flights.
*These conditions do not apply during fairs, conferences, or any other big domestic or international events and are only valid if not otherwise stated in the offer/confirmation.
D). Cancellation of Individual Components
Non-refundable tickets Some Airline tickets are paid for in full at the time of booking and in case of cancellation, unless otherwise stated, they are non-refundable, non-changeable and non-re-routable.
In respect of any alteration to an APEX ticket or certain other special fare tickets, the airlines treat a name change as a cancellation and as such will not refund any monies. Where an outbound portion of your flight coupon is not used the return sector will be automatically cancelled by the airline and no automatic right to a refund exists for such part-used tickets. All other partly used tickets are normally non-refundable and cancellations made within 24 hours of departure are non-refundable.
Refundable tickets Air Tickets returned to us for a refund are subject to an administration charge of 10 Euro per tickets on domestic lines and 50 Euro per ticket on international lines, irrespective of the number of tickets returned and you will be required to pay a per ticket cancellation charge imposed by the airline, pursuant to their terms and conditions. There is no automatic right to a refund and, when you return an air ticket to us, we will arrange for it to be presented to the respective airline to assess eligibility for a possible refund in accordance with the relevant airline's terms and conditions.
If a recoverable air ticket refund is less than the above administration charge, the ticket will be deemed to be fully non-refundable. An administration fee of 50 Euro per ticket will be levied on any non-refundable ticket where a tax refund application is made by us at your request and on your behalf. If the recoverable tax components for your ticket are less than the administration charge the ticket will be deemed to be fully non-refundable. Refunds will not be paid to you until they have been received by us from the relevant airline. In the case of airline ticket refunds this is normally 10-12 weeks from the point the tickets are submitted for consideration to the airline.
Bus and Train Tickets
Bus and train tickets for intercity busses and trains in Turkey are paid for in full at the time of booking. Bus and train tickets returned to us for a refund are subject to an administration charge of 10 Euro per ticket, irrespective of the number of tickets returned and you will be required to pay a per ticket cancellation charge imposed by the bus or the railway company pursuant to their terms and conditions. There is no automatic right to a refund and, when you return a ticket to us, we will arrange for it to be presented to the respective company to assess eligibility for a possible refund in accordance with the relevant company's terms and conditions. We recommend that you return such air tickets to us by special delivery post as we do not accept responsibility for documents mislaid or lost on the way.
If a recoverable ticket refund is less than the above administration charge, the ticket will be deemed to be fully non-refundable. Refunds will not be paid to you until they have been received by us from the relevant company.
Cancellation charges vary from hotel to hotel. Changes and cancellation terms and conditions will be specified for each hotel separately upon the confirmation.
In addition to the hotel’s cancellation charges, an administration charge 10% of room price (but min €30 per room) will be payable to PERA where you cancel an accommodation only booking.
E). Hotels Cancellations During special periods (International and Domestic congresses, International and Domestic sport and Cultural events, Fair, Exhibitions, Religious Holidays, etc)
Customer will be notified at the time of booking if any special event is taking place at the requested booking period, and 100% cancellation charges will apply to dates of stay during the special events.
Any changes or modifications for dates of stay during the special events period will be treated as cancellations and will incur charges as above. The only exceptions to this will be where additional rooms/beds/cots /nights are added to existing confirmed rooms or nights.
F). Hotels Cancellations for Groups*
If not specified differently in the confirmation invoice:
- Between confirmation & 120 days prior the arrival day only non-refundable deposit will be charged; 100% rooms can be released without any penalty
- Between 119 & 90 days prior the arrival day 50% of hotel space can be decreased without penalty. Any further decrease will be subject to “one night no-show” for each cancelled room. If the group is totally cancelled the penalty would be 30% of the total expected hotel revenue
- Between 89 & 60 days prior the arrival day 30% of hotel space can be deceased without penalty. Any further decrease will be subject to “one night no-show” for each cancelled room. If the group is totally cancelled the penalty would be 50% of the total expected hotel revenue
- Between 59 & 30 days prior the arrival day 10% of hotel space can be decreased without penalty. Any further decrease will be subject to “one night no-show” for each cancelled room. If the group is totally cancelled the penalty would be 75% of the total expected hotel revenue
- Between 29 days & up to arrival day any cancellations will be subject to a cancellation fee of 100% of the total expected hotel revenue
*Shown as percentage of the total hotel revenue
Sightseeing Tours (with duration of one day or less) and not including bus, train or flight ticket and/or overnight accommodation
|- Between 15 & 8 days prior the departure
|- Between 7 & 4 days prior the departure
|- Between 3 & 1 day prior the departure
|- 1 day prior the departure or in the case of absence
*Subject to amount of cancellation charge documents being issued
*Shown as percentage of the full price for the tours
17. TRANSFER OF THE TOUR PACKAGE BY YOU
If any member of your party is prevented from traveling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than two weeks before departure with full details of the names, addresses and any other required information / evidence of the replacement person(s) and any replacement person(s) satisfy any applicable conditions relevant to the holiday (for example, children’s ages must be in the same range).
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with the following amendment fees must be paid before the transfer can be affected. Any overdue balance payment must also be received. For flight inclusive bookings, the charges levied by the airline concerned must be paid. For airlines which do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight and no refund will be available for the original flight booking.
The person who makes transfer or transferee must pay the following minimum amendment fees (per person transferring) in advance:
|Over 30 days before departure
|Between 30 and 21 days before departure
|Between 20 and 8 days before departure
|Up to 7 days before departure
In all cases where additional costs are payable to effect a transfer (for example, non-changeable flight ticket, etc.), either the person who makes transfer or transferee must pay PERA the full amount concerned. Personal insurance is not under any circumstances refundable or transferable.
18. CHANGES AND CANCELLATIONS BY US
Occasionally, we have to make changes to and correct errors in advertised details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavor to avoid changes and cancellations, we must reserve the right to do so.
Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your Pera Air and Tourism booking.
Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are in Turkey, a change of accommodation area for the whole or a major part of the time you are in Turkey; in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether.
19. OUR LIABILITY TO YOU
A). We promise to make sure that the arrangements we have agreed to make perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for suppliers).
B). We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
- The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- The act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
- “Force majeure” as defined in clause 11 above.
C). Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our programs and we have not agreed to arrange them and any excursion you purchase directly. In addition, regardless of any wording used by us on our website, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
D). The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of Turkey - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the Turkey which would have applied had those services been provided in the country of your residence. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
E). As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is €50 per person affected unless a lower limitation applies to your claim under this clause or clause (G) below. You must ensure you have appropriate travel insurance to protect your personal belongings.
F). For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is one and a half the price you paid us for your holiday (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause (G) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
G). Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question. Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
H). Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (A) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (B) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses (including without limitation self-employed loss of earnings).
20. COMPLAINTS AND PROBLEMS
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst in Turkey, you must immediately inform the supplier of the service(s) in question and our office. Any verbal notification must be put in writing and given to the supplier and the Operator’s representative as soon as possible. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 15 days of the end of your holiday giving your booking reference and full details of your complaint. Only the party leader should write to us. Any claim must be made individually (one per booking). We cannot accept collective claims or petitions. Please send any correspondence to: email@example.com
Where we act as agent, we will pass your complaint or claim to the relevant accommodation provider or any other supplier who may deal with it directly. Any assistance we offer in resolving any such complaint is provided without any liability on our part.
For any PERA package, we cannot accept liability if you fail to notify any complaint or claim entirely in accordance with this clause except where the claim involves death, personal injury or illness caused by our negligence.
Acknowledgement of receipt of your communication, and that it is being duly processed by the relevant department, will be sent to you within a maximum of 14 days. In most cases the final response will depend on how soon a response is received from the accommodation provider / supplier in question. We will provide you with a full response within 28 days or, if this is not possible, a detailed explanation for the delay. No claim or request for reconsideration will be accepted by telephone. A written communication must be sent to the relevant department in order that the claim can be re-examined. You must bear the costs of informing us of your dissatisfaction.
In the event of the loss of or damage to your baggage during transportation by air, before submitting any claim to our office, you must contact the airline:
- informing it of the loss or damage to your baggage before you leave the airport; and
- sending it a declaration. You must attach the originals of the following documents: the flight ticket, a declaration of loss and baggage check-in coupon.
You must also obtain a copy of the airline’s procedure for notifying loss or damage to baggage and ensure you follow this in all respects including time limits for doing so.
This is a notice required by European Community Regulation (EC) No.889/2002.This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between us and you nor the carrier(s) and you, nor part of a claim. No representation is made by us or the carrier(s) as to the accuracy of the contents of this notice.
Air carrier liability for passengers and their baggage: This information notice summarizes the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately €120,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately €19,300).
Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately €5,000).
Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately €1,200).
Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately €1,200) In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information: The basis for the rules described above is the Montréal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.”
Please check with your airline for details of your luggage allowance and the recommended check-in time. If you have a medical condition that could impact your ability to travel by air please contact the airline in adequate time prior to departure.
21. CLIENT EXCLUSION & LOCAL LAW
Clients agree to accept the authority & decisions of the Operator & its supplier's employees & Representatives whilst on tour. If in the opinion of such persons, the health or conduct of a Client before or after the departure appears likely to endanger the safe, comfortable or happy progress of the tour, the Client may be excluded from all or part of the tour without prior notice or any liability on the part of Pera Air & Tourism Inc. In the case of Client ill health, we may make such arrangements as it sees fit & recover the costs thereof from the Client. Passengers agree to comply with the laws & regulations of Turkey. We shall not be liable to any Clients who commit illegal or unlawful acts whilst on tour.
This Terms & Conditions are governed by the Turkish Law, and any dispute arising between the parties is subject to the jurisdiction of the Arbitration Court of Istanbul, Turkey.
Name of the Company: Pera Air & Tourism Inc d.b.a. Kaktüs Tourism Travel Agency
Legal Address: Cumhuriyet Mah.Nakiye Elgun Sok. 22 Osmanbey Apt. D.1 34380 Sisli Istanbul Turkey
Phone: +90 212 241 05 66
Fax: +90 212 241 72 88
E-mail: firstname.lastname@example.org; email@example.com
This document was last updated October 21, 2015