DISTANCE SELLING CONTRACT

BALLOONSCANNER DISTANCE SALES AGREEMENT

 

Please read the following agreement below after printing it out in font size of 12 pt and bold in accordance with the relevant legislation. Furthermore, each Customer buying ticket from website www.balloonscanner.com shall be deemed to have read and accepted all the provisions of this agreement outlined below without any further notice.

This Distance Sales Agreement (“Agreement”) has been issued in compliance with the Law no. 6502 on Protection of the Consumers (“Law”) and the Distance Contracts Regulation (“Regulation”). The parties to this Agreement hereby acknowledge and declare that they understand and are aware of their obligations and responsibilities arising from the Law and the Regulation under this Agreement. 

This Agreement has been issued in accordance with the obligation to contract for sales made through the Internet pursuant to the Law and the Regulation, and provisions for the determination of the rights and obligations of the parties are as follows.

ARTICLE 1 – PARTIES OF THE AGREEMENT

This Distance Sales Agreement (hereinafter referred to as the “Agreement”) is made and entered into between Balloon Operator (hereinafter referred to as the “Balloon Operator” or “Seller”) at the address stated below and the person who wishes to purchase the service concerned under this agreement (hereinafter referred to as the “Customer” or “Buyer”), by using www.balloonscanner.com website (hereinafter referred to as the “Platform”) on the terms and conditions specified below.

Balloon Operator and Customer shall be hereinafter individually referred to as a “Party” or collectively referred to as the “Parties”.

ARTICLE 2 - DEFINITIONS

In the application and interpretation of this Agreement, the following terms shall have the respective meanings set forth below.

Balloon Operator / Seller	:	shall mean operators performing any kind of commercial air transportation by means of balloons and supplying products/services to the Customer or any operators acting on their behalf or for their account;
Balloonscanner Platform (“Platform”) / Website:	:	shall mean Balloonscanner website and mobile application that are associated with www.balloonscanner.com.tr domain name and any other related domain name where Platform Service is provided and for which Salto possesses the ownership and all intellectual and industrial property rights as per the Law no. 6769 on Industrial Property and Law no. 5846 on Intellectual and Artistic Works;
Extra Services	:	shall mean extra services that may be offered by Balloon Operators to Customer in addition to hot air balloon flights listed on the Platform;
Service	:	shall mean hot-air balloon flight services provided by Balloon Operator to Customer via Platform and Extra Services that may be offered by Balloon Operators on the Platform;
Customer / Buyer	:	refers to end user who purchases the products and/or services offered for sale by signing in and/or using the Platform and/or making bookings on the Platform;
Platform Service	:	shall mean a range of services (including but not limited to the following services) directly provided on the Platform by Salto: a.         Displaying information about the Service provided by the Balloon Operator on the Platform, b.        Provision of technical capabilities for online booking and ticket purchasing via Platform, c.         Provision of services such as voidance, refund, change, cancellation of booking;
Salto	:	shall mean intermediary service provider, Salto Server Bilişim Sistemleri Havacılık Paz. Reklam Org. Turizm ve Tic. Anonim Şirketi, which provides the Platform where the Balloon Operator can offer its Services;
DGCA	:	shall mean Directorate General of Civil Aviation;
Chargeback	:	refers to any disputed credit or debit card sale that is returned to the acquirer bank for reimbursement to the cardholder’s account for reasons such as non-receipt of service, fraud.

 

ARTICLE 3 – SUBJECT MATTER

The subject matter of this Agreement is to define the terms and conditions of sale for hot-air balloon flights and other services listed on the Platform by the Balloon Operators and the rights and obligations of the Parties, upon the terms of use and subject to the conditions of the Platform determined by Salto.

ARTICLE 4 – TERMS OF SERVICE

4.1              Customer who has registered or used the Platform and made booking and purchased ticket via Platform declares to have read and accepted this Agreement and its appendices. Customer who has not agreed to be bound by the Agreement and its appendices cannot use the Platform.

4.2              Ticket purchased via Platform must contain sales price inclusive of all taxes, payment method, pick-up location, launch field, date of travel, time of departure, type of the balloon, information at the time of booking and booking is not final until customer receives e-mail confirmation indicating booking details in the form of an e-ticket.

4.3              After booking a flight, a PNR number is assigned to every booked ticket on the Platform and each ticket is given a separate ticket number. It shall be sufficient that an e-ticket is issued and sent to the Customer in electronic form and the Customer shall not receive a paper ticket.

4.4              Balloon Operator shall be responsible for informing Customer of the Service to be provided by Balloon Operator and any information relevant to the scope of the Service.

4.5              The prices listed and announced by the Balloon Operator on the Platform are the final sales prices. The announced prices are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

ARTICLE 5 – GENERAL TERMS

5.1              Customer hereby acknowledges and declares that he/she has read and fully understood preliminary information on basic qualifications, sales price inclusive of all taxes and payment method of the hot-air balloon flight service provided under this Agreement and that he/she has given necessary confirmation in electronic medium.

5.2              Customer may register and subscribe to the Platform online by filling out the registration form. When registering to the Platform, Customers shall register to the Platform by entering their name, surname along with their e-mail address, contact number and password, and Customers shall login to the Platform with their user information registered.

5.3              By using the Platform Customer agrees, declares and undertakes that the information and content entered into the Platform are accurate and such information and content shall comply with applicable laws. In particular, Customer shall be liable for any damages that arise as a result of incorrect contact information entered into the Platform or any failure to update such information in a timely manner. Salto assumes no responsibility for verifying any information and content uploaded, changed and provided on the Platform by Customer, and Salto does not undertake and guarantee that such information and content are reliable, accurate and lawful. Salto shall not be held responsible for any damages resulting from inaccuracy or incorrectness of the information and content provided on the Platform.

5.4              Customer agrees, declares and undertakes to not disclose the username and password to any third parties and that Customer is responsible for the security of the username and password and Salto shall not be liable for any damages that may occur if their passwords are disclosed to any third party.

5.5              Customers are prohibited from using the website owned by Salto for any unlawful purpose, to harass and abuse others or in such a way that may disrupt public order and morality or that may infringe upon material and moral rights of others. Also, Customer shall not engage in activities or attacks (spam, virus, etc.) that prevent or render more onerous the use of the Platform Service for other members.

5.6              If the Platform Service under this Agreement is to be used by a person other than Customer, Salto shall not be held responsible for any objection, complaint and/or request made by the person concerned against the Platform Service and/or Salto.

5.7              Customer shall be liable in respect of all liabilities and costs which Salto may suffer and/or incur as a consequence of any failure to fulfil his obligations arising from this Agreement or the relevant laws and regulations or any violation of the provisions of this Agreement and shall indemnify Salto against any claims and demands of any nature whatsoever which third parties and/or competent authorities may make against Salto in connection therewith. Salto reserves the right to recourse against Customer for compensation for any damages.

ARTICLE 6 - CONDITIONS AND RULES OF FLIGHT

6.1.            In case of any inconsistency between the passenger and the information stated on the hot-air balloon flight ticket or if Balloon Operator has reasonable doubt as to the accuracy of the information provided, Customer may be denied boarding or removed from the flight by Balloon Operator and Balloon Operator has also the right to take any legal action if necessary.

6.2.            Salto shall not be responsible for any cancellation of the flight by Balloon Operator due to circumstances that may threaten the safety of a flight and any safety risk. Balloon Operator reserves the right, depending on the circumstances, to cancel any flight without previous notice. Customer shall not assert any claims against Salto based on the cancelled flight.

6.3.            Salto shall not be held responsible in case the belongings of Customer are being lost, damaged or dropped during the flight. During take-off, flight and landing, Customer is responsible for the safety of his belongings and shall take good care of his belongings and avoid any behavior endangering the safety of the flight.

6.4.            The following materials are not allowed to be brought on board and passengers carrying such materials will not be accepted to the flight:

·         Large suitcases and bags

·         Guns, flammable items and explosive materials

·         Sharp objects

·         Chemicals

6.5.            Children under 6 years of age are not allowed to participate in hot-air-balloon flights. Children under 16 years of age must be accompanied by a responsible adult.

6.6.            Customer must be at least 1.4m tall in order to be able to adopt the landing position when needed. Customer under the said limit is not allowed to be admitted to the balloon.

6.7.            Customers with bodyweights exceeding 120 kg must purchase an additional ticket.

6.8.            Customer is not allowed to fly after the 12th week (3 months) of pregnancy.

6.9.            Balloon Operators are unable to fly with physically and mentally disabled passengers.

6.10.        Carriage of pets is dangerous and therefore not permitted.

6.11.        Smoking tobacco and consuming alcohol while in flight is dangerous and forbidden.

ARTICLE 7 - PAYMENTS

7.1              General Provisions

7.1.1.      Customer must follow the reservation and ticket purchase process on the website www.balloonscanner.com, associated and linked websites and confirm the payment to purchase a ticket. Ticket sales will be made only if this Distance Sales Agreement is approved and the ticket price is fully paid.

7.1.2.      After completing the process, Customer will first receive by e-mail a booking confirmation which contains reservation details, sent to the e-mail address stated by Customer. A ticket sale will then be concluded when Customer completes the purchase and makes the payment and a final e-ticket issued on the Platform will be sent to the e-mail address stated by Customer.

7.1.3.      If it is found out after entering the details of a credit card presented for purchasing transactions hereunder that the card in question is used for fraudulent purposes, Salto will be entitled to refuse to provide the Services and/or ask the credit card holder to present additional information and/or documents confirming that he/she is the real owner thereof, facilitate anti-fraud activities, perform anti-fraud payment verification or conduct other necessary inspections.

7.1.4.      This Agreement shall be approved by Customer and the price shall be paid in one of the currencies shown on the Platform for the performance of the Platform Service under this Agreement. If Customer fails to pay ticket price or should payment of the reservation be refused by the bank, the Service will not be provided.

7.2              Payment Method

7.2.1.      All payments made on the Platform shall exclusively be in the form of prepayment and Customer shall make online payment by entering credit or debit card information. Customer will pay the gross price shown on the Platform. The value added tax is included in the gross price. Some customers making a payment may benefit from Dynamic Currency Conversion service provided to them.

7.2.2.      In paying through a credit card, Customer must state the full name of the cardholder, and the number, expiry date and CVV code of the credit card. Ticket price will be collected from the credit/debit card on the same date.

7.2.3.      When making a payment, any and all commissions and costs imposed and/or charged by the cardholder’s bank shall be borne by Customer. Salto shall not be liable for any costs.

7.3              3D Secure Information

7.3.1.      If deemed necessary when paying by credit or debit card and when supported by the cardholder’s bank, 3D Secure verification can be requested, or transactions can be made without requesting 3D Secure verification depending on the cardholder’s bank. In the transactions where 3D Secure verification is required, the 3D Secure password must be entered into the field of window opened after entering the card information. If you have any problem with 3D Secure, you should contact your bank. Whether 3D Secure is requested depends on the cardholder and the cardholder’s bank, and Platform is not the authorized and responsible party for any 3D Secure request.

7.3.2.      Platform may take additional security measures for credit card, debit card and payment systems in bookings with suspected cases of fraud and may request that Customer provides additional confirmation. Platform may cancel a booking if additional security confirmation cannot be done. In such a case, Customer shall be notified via the contact information provided at the time of booking.

7.4              Campaigns and Promotions

7.4.1.      Customer accepts, declares and undertakes that Salto and/or Balloon Operator may organize campaigns and promotional flights on the Platform at any time. The Platform reserves the right to change campaign details, the rules and conditions of the promotion and other information and the right to cancel the campaign without any prior notice.

7.5              Incorrect Pricing

7.5.1.      Errors may occur in the booking prices or other services on the Platform in exceptional cases and incorrect prices may be shown on the Platform to Customer. Salto will notify Customer if Salto discovers any error in the price and will give Customer the option of confirming the order, at the correct price, or cancelling it. If Salto cannot contact Customer for any reason, such booking will be treated as having been cancelled. If a booking is cancelled due to incorrect price shown on the Platform, the amount paid by Customer will then be refunded, provided that the payment is made by Customer.

7.6              Currency Fluctuations

7.6.1.      Salto reserves the right to update the prices displayed on the Platform due to exchange rate fluctuations. No refund will be made for any difference in prices due to exchange rate fluctuations.

7.6.2.      All refunds will be issued in the same method of payment used to make the booking. Refunds shall be refunded to the same credit card or debit card used to make the purchase and shall not be refunded to different card or bank account. All refunds must be issued in the currency used to purchase the ticket. If the amount that is paid is refunded, Customer and/or cardholder will be responsible for any transaction fees, loss or damages resulting from exchange rate fluctuations. If Salto pays any transaction fees due to currency fluctuations, such amount will be deducted from the price to be refunded to Customer. Salto has no liability whatsoever for or in connection with bank charges or exchange differences.

7.7              Chargeback

7.7.1.      If Customer and/or cardholder decides that a Chargeback may be effected, before notifying the bank of a chargeback in respect of the transaction realized at the time of booking, Customer and/or cardholder are expected to contact our team by sending an e-mail to info@balloonscanner.com for any problem connected to a booking or payment. Our team will evaluate the request. A ticket will be considered invalid if Customer does not show up on the date and time stipulated on the flight ticket and Customer will bear full responsibility in the event of a no-show for whatever reason.

7.7.2.      If the cardholder’s bank processes a Chargeback as a result of inaccurate and incomplete statement made by Customer and if Salto suffers any damage of any nature as a result, Customer and/or cardholder shall be liable to pay such damages immediately in cash.

ARTICLE 8 – REFUND OF PAYMENT

8.1.            Subject to the cancelation and refund rules laid down under this Agreement, if it is necessary to refund an amount, Salto may ask Customer to present additional information and documents indicating that Customer is the owner of the rights to that amount. Refunds will be made in accordance with the relevant legislation and with the payment conditions specified by Salto. Refunds will be made in the same method of payment and issued in the currency used when booking. Salto may ask Customer to present originals or scanned copies of certain documents including identity card, statement, references about the past, a certificate confirming the reason of return, other documents, and in case of contradicting financial matters, a bank statement.

8.2.            Cancellation request of Customer will be evaluated by Salto and if deemed appropriate Salto will process the refund at the latest within 15 (fifteen) working days. When a refund is issued depends on the bank of the cardholder, and Salto shall not be responsible for any delays caused by the bank once Salto processes a refund.

ARTICLE 9 – BOOKING AND TICKETING

9.1.            Customer must fill all the necessary field to use the reservation system. Customer is responsible for the accuracy and up-to-dateness of information provided in the website when making a reservation.

9.2.            Customer must complete the reservation procedure within the period specified in the Platform’s reservation system. If Customer fails to provide payment until the due date shown at the time of reservation, the system will automatically cancel the reservation. In such case Customer will not pay any charge for such cancellation. Salto shall not be held responsible if a reservation is cancelled due to the fact that Customer has not paid the ticket price within the specified period. In this case Customer may not make a new reservation nor may he/she buy another ticket at the same price, and Salto shall therefore not be held liable.

9.3.            If any relevant bank or financial institution does not pay the ticket price to Salto as a result of unauthorized use of credit or debit card on the Platform, the reservation will be cancelled, and the Service will not be provided.

ARTICLE 10 – RIGHT OF WITHDRAWAL

As per the Article 15/g of the Distance Contracts Regulation, the right of withdrawal cannot be exercised by Customer in contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or recreation, which must be made on a certain date or period. In addition, in cases when Customer wishes to cancel the booking, the provisions of Article 11 of this Distance Sales Agreement relating to the cancellation and refund rules shall apply.

ARTICLE 11 – CANCELLATION AND REFUND RULES

11.1.        As a rule, all ticket sales are final, and Balloon Operator reserves the right to cancel the flight in case of any danger and risk depending on weather conditions. If a flight is cancelled due to such conditions, Customer has the following rights regarding how to use his/her ticket;

·         A full refund of the ticket amount,

·         An alternative flight of a different type than the type of the original flight (subject to availability)

·         A ticket with the same flight type of your original booking on a different date (subject to availability)

11.2.        Customer shall, no later than 24 hours after the cancelled flight, notify Salto of the option he/she choose. Tickets cannot be turned into an open-date ticket.

11.3.        In the event of cancellation by Customer, refund rules shall apply in accordance with the period of time between the cancellation request of Customer and the scheduled departure date and time of the flight shown on the ticket:

Time Period	Cancellation Fees Deducted from the Ticket Price According to the Time Period in which the Cancellation is made (separately for each ticket) *
Cancellations made within 48 hours prior to departure	No refund shall be made for the price of the ticket
Cancellations made within 48 hours to 72 hours prior to departure	Cancellation fee of 50% the ticket price will be charged
Cancellations made within 3 days to 7 days prior to departure	Cancellation fee of 20 euros will be charged and deducted from the ticket price
Cancellations made at least 7 days prior to departure	No deductions will be made, and Customer will receive a full refund of the ticket price

 

* The Platform has the right, at any time, to determine and change the cancellation and refund fees written above. Please send your requests regarding your flight via e-mail to info@ballonscanner.com.

11.4.        When Customer requests a change to the date of the flight after booking, Salto may charge a fee for changing the flight in addition to the fare difference for a ticket purchased. When changing an existing ticket, if the price of the new flight ticket is higher than the price of the scheduled flight, fare difference will be collected from Customer. However, Customer agrees that fare differences are not refunded, if the price of the new flight ticket is less than the price of the scheduled flight as a result of any change made to a ticket. Customer agrees and declares to pay a fee for changing the date of the flight and any fare differences.

11.5.        As a rule, all ticket sales are final. The ticket Customer has purchased is valid only for the booking information shown on the ticket. The ticket shall be deemed invalid if Customer does not show up on the date and time shown on the ticket. Likewise, if Customer does not show up (no-show) at the pick-up location on time or at the specified meeting point and therefore cannot participate in the flight, Customers shall be deemed to have waived their right to travel and shall not request a refund.

11.6.        If flights are not allowed or cancelled by the Directorate General of Civil Aviation due to weather conditions, the Platform guarantees a full refund of the ticket purchased by Customer.

11.7.        Balloon Operator may terminate a flight with an emergency landing without prior notice, in case of any risks in terms of safety during the flight and any circumstances that may threaten the safety of a flight. If a flight is terminated due to emergency landing, refund rules vary according to the time elapsed since the hot air balloon takes off.

·         If a flight is terminated after the first thirty (30) minutes after take-off, Customer shall not request a refund.

·         If a flight is terminated within the first (30) minutes after take-off, Salto guarantees Customer a full refund.

11.8.        As required by the rules of the Directorate General of Civil Aviation, the Global Positioning System (GPS) recordings of the hot air balloon shall be used in order to calculate the flight period.

11.9.        Salto does not accept any responsibility if Balloon Operator fails to fulfil a commitment or perform the Services. No refund will be given to Customer, if a Service promised to Customer by Balloon Operator (pick-up location, carrying capacity of a balloon, flight period, flight area/route etc. and other flight-related commitments) is not performed as promised or is performed otherwise by Balloon Operator. In such a case, a certain percentage of the ticket price to be determined by Salto may be refunded (partially) to Customer, depending on the situation.

11.10.    In case of any accident that may occur during the flight, the cause of the accident and willful misconduct will be investigated within the scope of the Turkish Criminal Law No. 5237. However, the Balloon Operator shall be responsible during the flight period starting from take-off, including landing, and the Platform cannot be held responsible for any negligence, accident or wrong service during such period. Accusations or claims cannot be made against the Platform.

11.11.    All refund amounts of a ticket are limited to the amount written on the purchased ticket, and it is not possible to request or refund any other price. Also, all refunds are made in the same method of payment and issued in the currency used when booking.

ARTICLE 12 – INTELLECTUAL PROPERTY

12.1.        Any and all registered or unregistered intellectual property rights such as trademarks, patents, logos, icons, designs, texts, content, visual and audio images, information and methods included in the Platform shall be the sole property of Salto.

12.2.        Pursuant to this Agreement, Salto does not grant any full or partial rights (or any shares of rights) to the Customer (including subsequent changes, updates, amendments and improvements). Customer shall not develop, design or configure the Website and any new tools and modules. During the period of this agreement, the parties agree that all Intellectual Property Rights including but not limited to products, inventions and industrial designs created and developed by Salto shall be the sole property of Salto. Salto reserves any and all rights not expressly granted to Customer.

12.3.        Any use of the information on the Platform, including reproduction, storage, indexing, scanning, copying, presentation, linking and transferring or subjecting to any processing, is prohibited without the written consent of Salto. If Customer uses or exploits any registered or unregistered intellectual property rights such as trademarks, patents, logos, icons, designs, texts, content, visual and audio images, information and methods that are subject to copyright without authorization or express permission, Customer’s right to access and/or use the Platform will be suspended and in the event that such a case is detected, all administrative and legal actions will be taken against Customer.

ARTICLE 13 – FORCE MAJEURE

In any event legally considered to constitute force majeure, Salto shall not be liable for any delay or failure in performance or incomplete performance of its obligations under this Agreement. In the event of force majeure, Salto shall not be considered to be in default and shall be excused from liability for damages in cases of any delay or failure in performance or incomplete performance. The term force majeure shall be interpreted as, any unavoidable circumstances, that are beyond control of Salto and which could not have been prevented with reasonable care, including without limitation, an act of God, riot, war, strike, cyber-attack, communication problems, infrastructure and internet failures, system improvements or renewals and any malfunction that may occur as a result, power outage.

ARTICLE 14 – COMPETENT COURT OF JURISDICTION

In disputes arising in connection with this Agreement, any complaints and objections shall be made to the relevant Consumer Arbitration Committee or Consumer Courts within the monetary limits specified in the Law no. 6502 on Protection of the Consumers.

ARTICLE 15 – COMING INTO FORCE

This Agreement shall come into force on the date of transaction after being read and approved by Customer electronically. A copy of this Agreement is available at the Customer’s membership account.

ARTICLE  16 - CONTACT INFORMATION OF INTERMEDIARY SERVICE PROVIDER

 

COMPANY NAME                                                              : Salto Server Bilişim Sistemleri Havacılık Paz. Reklam Org.    Turizm ve Tic. A.Ş.

CENTRAL REGISTRATION SYSTEM NUMBER        : 0742096010100001

ADDRESS                                                                             : Temenni Mah. Dolay-2 Sk. No:20 Urgup/Nevsehir

PHONE NUMBER                                                               : +90 506 125 50 95

E-MAIL                                                                                 : info@balloonscanner.com

 

Customer agrees, declares and undertakes that he/she has read, understood and accepts all the provisions under this Agreement in an electronic environment and he/she shall be deemed to have accepted all the conditions specified under this Agreement by registering the Platform and confirms the accuracy of the information that he/she has provided.