TERMS OF USE

These Terms and Conditions (“Terms”) govern your use of our website and booking of tours offered by Nova Cartago Travel Agency, operated by Touranos Toursim Travel LLC located at Orta Mah. Gençağa Sk. No:4/8 Avanos/NEVŞEHİR, TURKİYE. By making a reservation or utilizing any of our services, you agree to be bound by these Terms, our Privacy Policy, and our Cancellation & Refund Policy. These Terms comply with Turkish Consumer Protection Law No. 6502, Personal Data Protection Law No. 6698 (KVKK), Distance Sales Contracts Regulation, and all applicable Turkish tourism regulations. It is important to read them thoroughly. If you disagree with any part of these Terms, please refrain from proceeding with your reservation.

1. Company Information

These Terms and Conditions govern the services provided by Nova Cartago Travel Agency, based in Orta Mah. Gençağa Sk. No:4/8 Avanos/NEVŞEHİR, TURKEY. We specialize in tour operations, travel services, and tourism activities throughout Turkey, focusing particularly on Cappadocia region tours, hot air balloons, and cultural tourism. Our services adhere to Turkish tourism regulations, Consumer Protection Law No. 6502, and all related legislation regarding distance sales contracts and travel services.

2. Acceptance and Scope of Terms

By accessing our website, making a reservation, or utilizing any of our services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, along with our Privacy Policy and Cancellation & Refund Policy. These Terms constitute a legally enforceable agreement between you (the customer) and Nova Cartago Travel Agency. If you disagree with any part of these Terms, you should not proceed with booking or using our services. We maintain the right to modify these Terms at any time, with such modifications taking effect immediately upon posting on our website.

3. Booking Terms and Confirmation

All reservations made via our website, phone, email, or other communication channels are subject to availability and confirmation. A reservation is only confirmed when full payment is received and a written confirmation has been sent to you by Nova Cartago Travel Agency. Tour prices, availability, and itineraries are subject to change until the booking is confirmed and fully paid. We reserve the right to decline any reservation at our discretion, particularly in situations where safety requirements cannot be fulfilled, capacity limits have been reached, or any reasonable concerns regarding the legitimacy of the reservation arise.

4. Payment Policy and Terms

Full payment is required at the time of booking, unless a deferred payment arrangement has been established in writing. We accept payments via major credit cards (Visa, Mastercard), debit cards, and bank transfers to our designated Turkish bank accounts. All prices are displayed in EUR (Euro), USD (US Dollar), or TRY (Turkish Lira) and will be clearly indicated at the time of booking. The final amount charged will be in the currency selected during the booking process. Credit card payments are processed securely through our PCI-DSS compliant payment gateways. Due to issues in the region, we do not accept AmericanExpress cards.

5. Product Delivery and Documentation

After successful booking and payment confirmation, you will receive your tour vouchers, confirmation documents, and all necessary information via email within 24 hours. In compliance with Turkish Distance Sales Regulations, all booked services must be delivered within 30 days unless stated otherwise. Your confirmation will include full tour details, pickup times, meeting locations, what to bring, safety information, emergency contacts, and your unique booking reference number. E-tickets and vouchers must be shown either in printed form or as a digital copy on your mobile device on the day of the tour.

6. Cancellation and Refund Policy

Our comprehensive Cancellation and Refund Policy is available on our website and is an integral part of these Terms and Conditions. Typically, free cancellation is available up to 24 hours before the scheduled tour start time for most tours. However, Hot Air Balloon flights necessitate cancellation at least 24 hours in advance for a full refund due to the specialized nature of these flights and the advance operational preparations required. Cancellations made within 24 hours of tour start time, no-shows, and late arrivals resulting in missed tours are non-refundable. Refunds for eligible cancellations will be processed within 5-10 business days to the original payment method. Weather-related cancellations initiated by our operators will result in a full refund or rebooking option at your convenience.

7. Right of Withdrawal for Distance Sales Contracts

In accordance with Turkish Consumer Protection Law No. 6502 and Distance Sales Contracts Regulation, you have the right to withdraw from your booking within 14 days from the date of contract conclusion without providing justification. However, this right does not apply to service contracts where performance has begun with your prior express consent acknowledging that you will lose your right of withdrawal once the service is fully performed. For tours set to commence within the 14-day withdrawal period, making a booking constitutes your express consent for the service to begin, and you acknowledge that the right of withdrawal will be lost once the service is delivered. To exercise your right of withdrawal, you must inform us via email at info@novacartago.com or by calling +90 533 493 01 50.

8. Tour Participation Requirements and Restrictions

Participants must comply with all minimum age, health, fitness, and safety requirements specified for each tour. These requirements are clearly stated in each tour description and must be thoroughly checked before booking. For adventure activities such as hot air balloon flights, ATV tours, horseback riding, and hiking tours, participants must be in good physical health and free from medical conditions that could pose risks. You are required to examine the service quality and specifications upon the tour’s commencement and immediately report any non-conformity or defects to your tour guide. Participants must arrive at the designated pickup location at the specified time. Late arrivals may lead to missed tours without refund as tours operate on strict schedules that cannot be delayed for individual participants.

9. Hot Air Balloon Tours – Special Terms and Conditions

Hot air balloon flights are highly dependent on weather conditions and may be canceled by the pilot or aviation authorities for safety reasons such as wind speed, visibility, precipitation, or other atmospheric conditions. The pilot’s decision regarding flight safety and suitability of conditions is final and non-negotiable. Weight restrictions apply, typically imposing a maximum of 120kg per passenger, and total basket weight limits must be observed for flight safety. Pregnancy, recent surgery (within 6 months), severe heart conditions, respiratory issues, mobility limitations, and other medical conditions may impede participation. All passengers must be able to stand unassisted for 60 minutes, hold onto basket handles during landing, and climb in and out of the basket using a small step. These prerequisites are strictly enforced for the safety of passengers based on Turkish Civil Aviation regulations.

10. Unauthorized Use of Credit Cards

In instances of unfair or unauthorized credit card use, banking fraud, or disputed charges, the customer must return the delivered product (tour voucher/service) within 3 business days, and all shipping costs and logistics expenses shall be the responsibility of the customer. If a credit card payment is subsequently reversed, canceled, or charged back by the card issuing bank due to fraudulent usage, unauthorized usage, or customer dispute, and the tour service has already been rendered, we reserve the right to seek full recovery of the service value, plus administrative costs and legal fees, through all available legal channels. We fully cooperate with banking institutions and law enforcement in cases of payment fraud.

11. Force Majeure and Unforeseeable Circumstances

Nova Cartago Travel Agency will not be held liable for any failures to fulfill obligations under these Terms due to force majeure events or circumstances outside our reasonable control. Such events include, but are not limited to, natural disasters (earthquakes, floods, volcanic eruptions), extreme weather conditions, wars, terrorism, civil unrest, strikes, pandemics, epidemics, government restrictions, aviation authority directives, changes in legislation, or any unforeseeable circumstances that hinder or severely obstruct service provision. If a tour must be canceled due to force majeure, we will offer you the option to reschedule for a different date or receive a full refund. Alternatively, we may provide a substitute tour of equivalent or greater value, pending your acceptance.

12. Liability, Insurance, and Limitation of Liability

All participants are highly encouraged and required to possess valid comprehensive travel insurance covering medical expenses, accidents, injuries, trip cancellations, and personal belongings. Nova Cartago Travel Agency retains all legally required liability insurance as mandated by Turkish Tourism Law and Civil Aviation regulations. However, our liability is limited to direct damages caused by our proven negligence, and we shall not be liable for indirect, consequential, or incidental damages. We are not liable for delays, cancellations, itinerary changes, or service modifications necessitated by safety concerns, weather conditions, force majeure events, or situations beyond our control. Personal belongings, valuables, cameras, phones, and other items are the sole responsibility of the participant. Participants engage in all activities at their own risk after being thoroughly informed of all safety protocols, risks, and requirements.

13. Non-Returnable Products and Services

In accordance with Turkish Distance Sales Regulations, the following categories are exempt from the right of withdrawal and are non-returnable: (a) services that have been completely performed with consumer’s prior express consent with acknowledgment of loss of withdrawal right; (b) goods or services whose price is reliant on fluctuations in financial markets beyond the seller’s control; (c) customized or personalized goods per the consumer’s wishes; (d) goods that may deteriorate rapidly or have an expiration date; (e) goods whose packaging has been unsealed post-delivery for health or hygiene reasons; (f) goods mixed with other products after delivery and cannot be separated; (g) digital content provided electronically where performance has started with the consumer's consent.

14. Data Protection, Privacy, and KVKK Compliance

Nova Cartago Travel Agency is dedicated to safeguarding your personal data in full adherence to Turkish Personal Data Protection Law No. 6698 (KVKK) and applicable European Union General Data Protection Regulation (GDPR). Personal data collected during the booking process is solely utilized for tour management, communication, payment processing, safety requirements, and fulfillment of our contractual obligations. We do not sell, rent, or distribute your personal information to third parties except when necessary for tour operations (such as hotels, transport providers, or payment processors) or as mandated by law. For comprehensive details on how we collect, utilize, store, and protect your data, please consult our full Privacy Policy available on our website. You possess rights to access, correct, delete, and transfer your personal data as outlined in our Privacy Policy and KVKK regulations.

15. Intellectual Property Rights

All content on our website, including but not limited to text, graphics, logos, photographs, images, videos, tour descriptions, itineraries, designs, trademarks, service marks, and software is the sole property of Nova Cartago Travel Agency and is safeguarded by Turkish and international copyright, trademark, and intellectual property legislation. Unauthorized reproduction, distribution, modification, transmission, republication, display, or creation of derivative works from any content on our website is impermissible and may lead to legal consequences. Tour descriptions, pricing details, itineraries, and operational specifics constitute proprietary business information and may not be copied or utilized by competitors or third parties without our express written consent.

16. Behavior, Conduct, and Tour Participation Rules

All tour participants must adhere to the instructions and guidance given by tour guides, drivers, pilots, and staff at all times. This is crucial for your safety, the safety of others, and the successful execution of the tour. Disruptive behavior, verbal or physical abuse directed toward staff or other guests, failure to follow safety protocols, or any actions that negatively impact the tour experience could result in immediate removal from the tour without any refund. Any damage incurred to property, equipment, vehicles, or facilities due to negligence, reckless behavior, or intentional acts will be subject to charges for complete repair or replacement costs. Consumption of alcohol or drugs is strictly forbidden before and during all adventure activities, and participants may be denied service if found to be under the influence.

17. Photography, Video, and Media Use

During tours, our professional photographers and guides may take photos and videos for promotional, marketing, and operational objectives. By participating in our tours, you grant Nova Cartago Travel Agency permission to utilize your image, likeness, and any photographs or videos captured during the tour in our marketing materials, website, social media platforms, brochures, and other promotional mediums without any compensation or prior approval. If you do not wish to be photographed or do not consent to the utilization of your image, you must inform your tour guide at the tour's outset, and we will strive to accommodate your request by excluding you from group photos. Professional photography packages may be offered for purchase on select tours.

18. Changes to Tours, Itineraries, and Services

We reserve the prerogative to modify tour itineraries, schedules, pickup times, meeting points, routes, or tour inclusions at any moment due to weather conditions, safety considerations, operational necessities, road conditions, permit restrictions, or any other situations impacting tour execution. We will make every effort to provide advance notification of such adjustments whenever possible. If a substantial change or cancellation occurs regarding your tour, we will offer you the option to accept the modified tour, rebook for a different date, switch to an alternative tour of equal or greater value, or receive a full refund. Minor changes such as pickup time adjustments by 30 minutes or less may occur and do not qualify for compensation.

19. Complaints, Feedback, and Dispute Resolution Procedures

We are dedicated to providing excellent service and addressing any concerns promptly. Any complaints about tour quality, service delivery, or any aspect of your experience should be reported to your tour guide or driver immediately during the tour so we can attempt to resolve the issue on the spot. If the issue remains unresolved during the tour, formal written complaints must be submitted to info@novacartago.com within 7 calendar days of tour completion, including your booking reference number, tour date, detailed issue description, and any supporting documentation (photos, receipts, etc.). Our goal is to acknowledge all complaints within 2 business days and provide a comprehensive response within 14 business days. Should a satisfactory resolution not be reached through direct discussions, disputes will be resolved in accordance with Turkish law.

20. Governing Law and Jurisdiction

These Terms and Conditions, along with all bookings and transactions made through our services, are governed by and interpreted in accordance with the laws of the Republic of Turkey. Any disputes, claims, or legal actions arising from or related to these Terms, your booking, or the use of our services shall be subject to the exclusive jurisdiction of the Consumer Courts and Consumer Arbitration Committees in Nevşehir, Turkey, per Turkish Consumer Protection Law. For disputes below the legally specified monetary threshold, Consumer Arbitration Committees have jurisdiction. For amounts above the threshold, Nevşehir Consumer Courts possess exclusive jurisdiction. All legal expenses, court fees, attorney fees, and enforcement costs will be borne by the party found liable.

21. Final Acceptance and Agreement

By completing a reservation with Nova Cartago Travel Agency, you affirm that you have read these Terms and Conditions in full, comprehended all provisions, and agree to be legally bound by them. You further acknowledge having read and agreed to our Privacy Policy and Cancellation & Refund Policy, which is an integral component of this agreement. This agreement is binding upon you, your heirs, legal representatives, and assigns. Electronic acceptance of these Terms during our website booking process constitutes a legally valid signature and agreement under Turkish Electronic Signature Law No. 5070 and Distance Sales Contracts Regulation. The Turkish version of these Terms will prevail in the event of any discrepancies with translations.

Questions About These Terms?

If you have any inquiries or concerns regarding these Terms & Conditions, or if you require clarification on any provisions, please do not hesitate to reach out to us:

Company: Nova Cartago Travel Agency

Corporate: Touranos Turizm Seyahat Acenteliği Tic. Ltd. Şti.

Email: info@novacartago.com

Phone: +90 533 493 01 50

Address: Orta Mah. Gençağa Sk. No:4/8 Avanos/NEVŞEHİR, TURKİYE

By proceeding with a reservation, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety, as well as our Privacy Policy and Cancellation & Refund Policy. This constitutes a legally binding agreement as per Turkish law.