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Distance Sales Agreement
Below you can find all the terms and conditions regarding your use of Balloonscanner. If you have any questions, you can contact us by sending an e-mail to [email protected], we’ll be happy to help.
Effective from 17 February 2022.
BALLOONSCANNER DISTANCE SALES AGREEMENTARTICLE 1 – PARTIES OF THE AGREEMENTARTICLE 2 - DEFINITIONSARTICLE 3 – SUBJECT MATTERARTICLE 4 – TERMS OF SERVICEPlease read the following agreement below after printing it out in font size of 12 pt andbold in accordancewith the relevant legislation. Furthermore, each Customer buying ticket from shall be deemed to have read and accepted all the provisions ofthis agreementoutlined below without any further notice.This Distance Sales Agreement (“Agreement”) has been issued in compliance with the Law no.6502 onProtection of the Consumers (“Law”) and the Distance Contracts Regulation (“Regulation”).The parties tothis Agreement hereby acknowledge and declare that they understand and are aware of theirobligations andresponsibilities arising from the Law and the Regulation under this Agreement.This Agreement has been issued in accordance with the obligation to contract for salesmade through theInternet pursuant to the Law and the Regulation, and provisions for the determination ofthe rights andobligations of the parties are as follows.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 thisagreement(hereinafter referred to as the “Customer” or “Buyer”), by using 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”.In the application and interpretation of this Agreement, the following terms shall havethe respectivemeanings set forth below.The subject matter of this Agreement is to define the terms and conditions of sale forhot-air balloon flightsand other services listed on the Platform by the Balloon Operators and the rights andobligations of theParties, upon the terms of use and subject to the conditions of the Platform determined bySalto.4.1Customer who has registered or used the Platform and made booking and purchased ticket viaPlatform declares to have read and accepted this Agreement and its appendices. Customerwho has notagreed to be bound by the Agreement and its appendices cannot use the Platform.4.2Ticket purchased via Platform must contain sales price inclusive of all taxes, paymentmethod,pick-up location, launch field, date of travel, time of departure, type of the balloon,information at the time ofbooking and booking is not final until customer receives e-mail confirmation indicatingbooking details in theform of an e-ticket.4.3After booking a flight, a PNR number is assigned to every booked ticket on the Platformand eachticket is given a separate ticket number. It shall be sufficient that an e-ticket isissued and sent to theCustomer in electronic form and the Customer shall not receive a paper ticket.4.4Balloon Operator shall be responsible for informing Customer of the Service to be providedbyBalloon Operator and any information relevant to the scope of the Service.4.5The prices listed and announced by the Balloon Operator on the Platform are the finalsales prices.The announced prices are valid until they are updated and changed. Prices announced for aperiod of timeare valid until the end of the specified period.5.1Customer hereby acknowledges and declares that he/she has read and fully understoodpreliminary information on basic qualifications, sales price inclusive of all taxes andpayment method of thehot-air balloon flight service provided under this Agreement and that he/she has givennecessaryconfirmation in electronic medium.5.2Customer may register and subscribe to the Platform online by filling out the registrationform.When registering to the Platform, Customers shall register to the Platform by enteringtheir name, surnamealong with their e-mail address, contact number and password, and Customers shall login tothe Platformwith their user information registered.5.3By using the Platform Customer agrees, declares and undertakes that the information andcontent entered into the Platform are accurate and such information and content shallcomply withapplicable laws. In particular, Customer shall be liable for any damages that arise as aresult of incorrectcontact information entered into the Platform or any failure to update such information ina timely manner.Salto assumes no responsibility for verifying any information and content uploaded,changed and providedon the Platform by Customer, and Salto does not undertake and guarantee that suchinformation andcontent are reliable, accurate and lawful. Salto shall not be held responsible for anydamages resulting frominaccuracy or incorrectness of the information and content provided on the Platform.5.4Customer agrees, declares and undertakes to not disclose the username and password to anythird parties and that Customer is responsible for the security of the username andpassword and Salto shallnot be liable for any damages that may occur if their passwords are disclosed to any thirdparty.5.5Customers are prohibited from using the website owned by Salto for any unlawful purpose,toharass and abuse others or in such a way that may disrupt public order and morality orthat may infringeupon material and moral rights of others. Also, Customer shall not engage in activities orattacks (spam,virus, etc.) that prevent or render more onerous the use of the Platform Service for othermembers.5.6If the Platform Service under this Agreement is to be used by a person other thanCustomer, Saltoshall not be held responsible for any objection, complaint and/or request made by theperson concernedagainst the Platform Service and/or Salto.5.7Customer shall be liable in respect of all liabilities and costs which Salto may sufferand/or incur asa consequence of any failure to fulfil his obligations arising from this Agreement or therelevant laws andregulations or any violation of the provisions of this Agreement and shall indemnify Saltoagainst any claimsand demands of any nature whatsoever which third parties and/or competent authorities maymake againstSalto in connection therewith. Salto reserves the right to recourse against Customer forcompensation forany damages.6.1.In case of any inconsistency between the passenger and the information stated on thehot-airballoon flight ticket or if Balloon Operator has reasonable doubt as to the accuracy ofthe informationprovided, Customer may be denied boarding or removed from the flight by Balloon Operatorand BalloonOperator 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 duetocircumstances that may threaten the safety of a flight and any safety risk. BalloonOperator reserves theright, depending on the circumstances, to cancel any flight without previous notice.Customer shall notassert 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 ordropped during the flight. During take-off, flight and landing, Customer is responsiblefor the safety of hisbelongings and shall take good care of his belongings and avoid any behavior endangeringthe safety of theflight.6.4.The following materials are not allowed to be brought on board and passengers carryingsuchmaterials will not be accepted to the flight: · Large suitcases and bags · Guns, flammable items and explosive materials · Sharp objects · Chemicals6.5.Children under 6 years of age are not allowed to participate in hot-air-balloon flights.Childrenunder 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 whenneeded.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.7.1 General Provisions7.1.1.Customer must follow the reservation and ticket purchase process on the, associated and linked websites and confirm the payment to purchasea ticket.Ticket sales will be made only if this Distance Sales Agreement is approved and the ticketprice is fully paid.7.1.2.After completing the process, Customer will first receive by e-mail a booking confirmationwhichcontains reservation details, sent to the e-mail address stated by Customer. A ticket salewill then beconcluded when Customer completes the purchase and makes the payment and a final e-ticketissued onthe 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 purchasingtransactionshereunder that the card in question is used for fraudulent purposes, Salto will beentitled to refuse to providethe Services and/or ask the credit card holder to present additional information and/ordocumentsconfirming that he/she is the real owner thereof, facilitate anti-fraud activities,perform anti-fraud paymentverification or conduct other necessary inspections.7.1.4.This Agreement shall be approved by Customer and the price shall be paid in one of thecurrenciesshown on the Platform for the performance of the Platform Service under this Agreement. IfCustomer failsto pay ticket price or should payment of the reservation be refused by the bank, theService will not beprovided.7.2. Payment Method7.2.1.All payments made on the Platform shall exclusively be in the form of prepayment andCustomershall make online payment by entering credit or debit card information. Customer will paythe gross priceshown on the Platform. The value added tax is included in the gross price. Some customersmaking apayment 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, andthenumber, expiry date and CVV code of the credit card. Ticket price will be collected fromthe credit/debit cardon the same date.7.2.3.When making a payment, any and all commissions and costs imposed and/or charged by thecardholder’s bank shall be borne by Customer. Salto shall not be liable for any costs.7.3 3D Secure Information7.3.1.If deemed necessary when paying by credit or debit card and when supported by thecardholder’sbank, 3D Secure verification can be requested, or transactions can be made withoutrequesting 3D Secureverification depending on the cardholder’s bank. In the transactions where 3D Secureverification is required,the 3D Secure password must be entered into the field of window opened after entering thecardinformation. If you have any problem with 3D Secure, you should contact your bank. Whether3D Secure isrequested depends on the cardholder and the cardholder’s bank, and Platform is not theauthorized andresponsible party for any 3D Secure request.7.3.2.Platform may take additional security measures for credit card, debit card and paymentsystems inbookings with suspected cases of fraud and may request that Customer provides additionalconfirmation.Platform may cancel a booking if additional security confirmation cannot be done. In sucha case, Customershall be notified via the contact information provided at the time of booking.7.4 Campaigns and Promotions7.4.1.Customer accepts, declares and undertakes that Salto and/or Balloon Operator may organizecampaigns and promotional flights on the Platform at any time. The Platform reserves theright to changecampaign details, the rules and conditions of the promotion and other information and theright to cancelthe campaign without any prior notice.7.5 Incorrect Pricing7.5.1.Errors may occur in the booking prices or other services on the Platform in exceptionalcases andincorrect prices may be shown on the Platform to Customer. Salto will notify Customer ifSalto discovers anyerror in the price and will give Customer the option of confirming the order, at thecorrect price, or cancellingit. If Salto cannot contact Customer for any reason, such booking will be treated ashaving been cancelled. Ifa booking is cancelled due to incorrect price shown on the Platform, the amount paid byCustomer will thenbe refunded, provided that the payment is made by Customer.7.6 Currency Fluctuations7.6.1.Salto reserves the right to update the prices displayed on the Platform due to exchangeratefluctuations. No refund will be made for any difference in prices due to exchange ratefluctuations.7.6.2.All refunds will be issued in the same method of payment used to make the booking. Refundsshallbe refunded to the same credit card or debit card used to make the purchase and shall notbe refunded todifferent card or bank account. All refunds must be issued in the currency used topurchase the ticket. If theamount that is paid is refunded, Customer and/or cardholder will be responsible for anytransaction fees,loss or damages resulting from exchange rate fluctuations. If Salto pays any transactionfees due tocurrency fluctuations, such amount will be deducted from the price to be refunded toCustomer. Salto hasno liability whatsoever for or in connection with bank charges or exchange differences.7.7 Chargeback7.7.1.If Customer and/or cardholder decides that a Chargeback may be effected, before notifyingthe bankof a chargeback in respect of the transaction realized at the time of booking, Customerand/or cardholder areexpected to contact our team by sending an e-mail to [email protected] for anyproblem connectedto a booking or payment. Our team will evaluate the request. A ticket will be consideredinvalid if Customerdoes not show up on the date and time stipulated on the flight ticket and Customer willbear fullresponsibility 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 incompletestatementmade by Customer and if Salto suffers any damage of any nature as a result, Customerand/or cardholdershall be liable to pay such damages immediately in cash.8.1.Subject to the cancelation and refund rules laid down under this Agreement, if it isnecessary torefund an amount, Salto may ask Customer to present additional information and documentsindicating thatCustomer is the owner of the rights to that amount. Refunds will be made in accordancewith the relevantlegislation and with the payment conditions specified by Salto. Refunds will be made inthe same method ofpayment and issued in the currency used when booking. Salto may ask Customer to presentoriginals orscanned copies of certain documents including identity card, statement, references aboutthe past, acertificate confirming the reason of return, other documents, and in case of contradictingfinancial matters,a bank statement.8.2.Cancellation request of Customer will be evaluated by Salto and if deemed appropriateSalto willprocess the refund at the latest within 15 (fifteen) working days. When a refund is issueddepends on thebank of the cardholder, and Salto shall not be responsible for any delays caused by thebank once Saltoprocesses a refund.9.1.Customer must fill all the necessary field to use the reservation system. Customer isresponsible forthe accuracy and up-to-dateness of information provided in the website when making areservation.9.2.Customer must complete the reservation procedure within the period specified in thePlatform’sreservation system. If Customer fails to provide payment until the due date shown at thetime of reservation,the system will automatically cancel the reservation. In such case Customer will not payany charge for suchcancellation. Salto shall not be held responsible if a reservation is cancelled due to thefact that Customerhas not paid the ticket price within the specified period. In this case Customer may notmake a newreservation nor may he/she buy another ticket at the same price, and Salto shall thereforenot be held liable.9.3.If any relevant bank or financial institution does not pay the ticket price to Salto as aresult ofunauthorized use of credit or debit card on the Platform, the reservation will becancelled, and the Servicewill not be provided.As per the Article 15/g of the Distance Contracts Regulation, the right of withdrawalcannot be exercised byCustomer in contracts for accommodation, transportation of goods, car rental, food andbeverage supplyand the use of leisure time for entertainment or recreation, which must be made on acertain date or period.In addition, in cases when Customer wishes to cancel the booking, the provisions ofArticle 11 of thisDistance Sales Agreement relating to the cancellation and refund rules shall apply.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 methodsincluded in thePlatform shall be the sole property of Salto.12.2.Pursuant to this Agreement, Salto does not grant any full or partial rights (or any sharesof rights) tothe Customer (including subsequent changes, updates, amendments and improvements).Customer shallnot develop, design or configure the Website and any new tools and modules. During theperiod of thisagreement, the parties agree that all Intellectual Property Rights including but notlimited to products,inventions and industrial designs created and developed by Salto shall be the soleproperty of Salto. Saltoreserves 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, isprohibited without thewritten consent of Salto. If Customer uses or exploits any registered or unregisteredintellectual propertyrights such as trademarks, patents, logos, icons, designs, texts, content, visual andaudio images,information and methods that are subject to copyright without authorization or expresspermission,Customer’s right to access and/or use the Platform will be suspended and in the event thatsuch a case isdetected, all administrative and legal actions will be taken against Customer.In any event legally considered to constitute force majeure, Salto shall not be liable forany delay or failure inperformance or incomplete performance of its obligations under this Agreement. In theevent of forcemajeure, Salto shall not be considered to be in default and shall be excused fromliability for damages incases of any delay or failure in performance or incomplete performance. The term forcemajeure shall beinterpreted as, any unavoidable circumstances, that are beyond control of Salto and whichcould not havebeen prevented with reasonable care, including without limitation, an act of God, riot,war, strike, cyber-attack, communication problems, infrastructure and internet failures, system improvementsor renewals andany malfunction that may occur as a result, power outage.11.1.As a rule, all ticket sales are final, and Balloon Operator reserves the right to cancelthe flight in caseof any danger and risk depending on weather conditions. If a flight is cancelled due tosuch 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 theoption he/shechoose. 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 theperiod oftime between the cancellation request of Customer and the scheduled departure date andtime of the flightshown on the ticket:* The Platform has the right, at any time, to determine and change the cancellation andrefund fees writtenabove. Please send your requests regarding your flight via e-mail [email protected]. 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, Customershall not request arefund.· If a flight is terminated within the first (30) minutes after take-off, Salto guaranteesCustomer a fullrefund. 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 5 – GENERAL TERMSARTICLE 6 - CONDITIONS AND RULES OF FLIGHTARTICLE 8 – REFUND OF PAYMENTARTICLE 9 – BOOKING AND TICKETINGARTICLE 10 – RIGHT OF WITHDRAWALARTICLE 12 – INTELLECTUAL PROPERTYARTICLE 13 – FORCE MAJEURE 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 14 – COMPETENT COURT OF JURISDICTION 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 15 – COMING INTO FORCEARTICLE 11 – CANCELLATION AND REFUND RULESARTICLE 7 - PAYMENTS 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 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; 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. ARTICLE 16 - CONTACT INFORMATION OF INTERMEDIARY SERVICE PROVIDERCOMPANY 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 : +90 530 500 71 69 E-MAIL : [email protected] 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; 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. DGCA : shall mean Directorate General of Civil Aviation; 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; Time Period Cancellation Fees Deducted from the Ticket Price According to the Time Period in which the Cancellation is made (separately for each ticket) * No refund shall be made for the price of the ticket Cancellation fee of 100% the deposit amount will be charged Cancellations made within 48 hours prior to departure Cancellations made at least 2 days prior to departure