JA The Resort – JA Palm Tree Court, Dubai

CONSUMER RIGHTS – RIGHT OF WITHDRAWAL – CANCELLATION AND RETURN CONDITIONS

GENERAL:

When you place an electronic order through this website, you are deemed to have accepted the preliminary information form and the distance sales contract presented to you. Buyers are subject to the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188), as well as other applicable legislation in force, regarding the sale and delivery of the product they purchase. The shipping costs (cargo fees) for the product, which are the cost of sending the product, shall be paid by the buyers. Each product purchased shall be delivered to the person and/or organization at the address specified by the buyer within a legal period not exceeding 30 days. If the product is not delivered within this period, the buyers may terminate the contract. The purchased product must be delivered completely and in conformity with the specifications stated in the order, together with any guarantee certificate, user manual, and such documents, if available. If it becomes impossible to sell the purchased product, the seller must inform the buyer in writing within 3 days from the time the seller becomes aware of this, and the total amount must be refunded to the buyer within 14 days.

IF THE PRICE OF THE PURCHASED PRODUCT IS NOT PAID:

If the buyer does not pay the price of the purchased product, or if it is canceled in the bank records, the seller’s obligation to deliver the product ends.

PURCHASES MADE WITH UNAUTHORIZED USE OF A CREDIT CARD:

After the product is delivered, if it is determined that the credit card used for payment by the buyer was wrongfully used by unauthorized persons, and the price of the sold product is not paid by the relevant bank or financial institution to the seller, then the buyer must return the product, which is the subject of the contract, to the seller within 3 days, with the shipping cost to be borne by the seller.

IF THE PRODUCT CANNOT BE DELIVERED ON TIME FOR UNFORESEEN REASONS:

If force majeure circumstances that the seller could not foresee occur and the product cannot be delivered on time, the buyer will be informed. The buyer may request cancellation of the order, replacement of the product with a similar one, or postponement of the delivery until the obstacle is removed. If the buyer cancels the order and paid in cash, the money will be returned to the buyer in cash within 14 days from the date of cancellation. If the buyer paid by credit card and cancels, again within 14 days from cancellation, the price of the product is returned to the bank, but it is possible that the bank may transfer it to the buyer’s account within 2–3 weeks.

THE BUYER’S OBLIGATION TO INSPECT THE PRODUCT:

Before taking delivery of the goods/services that are the subject of the contract, the buyer shall inspect them; the buyer shall not accept damaged and defective goods/services from the shipping company, such as those that are crushed, broken, or have torn packaging. It will be deemed that accepted goods/services are undamaged and intact. After delivery, the BUYER must preserve the goods/services with due care. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must also be returned along with the product.

RIGHT OF WITHDRAWAL:

Within 14 (fourteen) days from the date of delivery of the product to the buyer or to the person/organization indicated by the buyer, the BUYER may exercise the right of withdrawal from the contract by notifying the SELLER via the contact information given below, without assuming any legal or criminal liability and without giving any reason, by refusing the goods.

CONTACT INFORMATION FOR NOTIFYING THE SELLER OF THE RIGHT OF WITHDRAWAL:

NAME/TITLE: TRPAX

ADDRESS: Istanbul / Bakırkoy

EMAIL: info@trpax.com

DURATION OF THE RIGHT OF WITHDRAWAL:

If the product purchased is a service, this 14-day period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where performance of the service began, with the consumer’s approval, before the withdrawal period ended. The costs arising from the exercise of the right of withdrawal are borne by the SELLER. In order to exercise the right of withdrawal, a written notification must be sent to the SELLER within 14 (fourteen) days by registered mail with return receipt, fax, or email, and it is required that the product must not have been used in accordance with the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised” in this contract.

EXERCISE OF THE RIGHT OF WITHDRAWAL:

1. The invoice of the product delivered to a third party or to the BUYER (if the invoice for the product to be returned is issued on behalf of a company, it must be sent back together with the return invoice issued by that company. If no RETURN INVOICE is issued for orders invoiced on behalf of companies, the return cannot be completed.)
2. The return form.
3. The product to be returned must be delivered complete and undamaged with its box, packaging, and, if available, its standard accessories.

RETURN CONDITIONS:

The SELLER is obliged to refund the total amount and the documents putting the BUYER under debt to the BUYER within 10 days from the date the SELLER receives the withdrawal notification, and to accept the return of the goods within 20 days. If there is a decrease in the value of the goods or if it becomes impossible to return them due to any fault of the BUYER, the BUYER is obliged to compensate the SELLER’s damages in proportion to the BUYER’s fault. However, the BUYER is not responsible for changes or deterioration that occur due to the proper use of the goods or product within the period of the right of withdrawal. If, due to exercising the right of withdrawal, the total amount drops below the campaign limit set by the SELLER, the amount of the discount benefited under the campaign will be canceled.

PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:

Products prepared in line with the BUYER’s request or clearly in accordance with the BUYER’s personal needs, and which are not suitable for return; lower parts of underwear, swimwear and bikini bottoms, makeup materials, single-use products, goods that are in danger of spoiling quickly or goods that may expire, products that become unsuitable for health or hygiene reasons if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods relating to newspapers and magazines other than those provided under a subscription agreement, services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables whose packaging has been opened by the BUYER are not returnable under the Regulation. Furthermore, according to the Regulation, the right of withdrawal cannot be exercised with respect to services whose performance began, with the consumer’s approval, before the expiration of the withdrawal period. For cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (such as toners, cartridges, ribbons), returns are only possible if their packaging is unopened, untested, undamaged, and unused.

DEFAULT AND LEGAL CONSEQUENCES:

If the BUYER, having made the payment with a credit card, goes into default, the BUYER agrees, declares, and undertakes that he/she will pay interest under the credit card agreement with the issuing bank and will be liable to the bank. In such a case, the relevant bank may resort to legal remedies; it may demand any costs and attorney fees from the BUYER, and in any event, if the BUYER defaults on the debt, the BUYER agrees to compensate the SELLER for losses and damages incurred due to late performance of the obligation.

PAYMENT AND DELIVERY:

Payment can be made by bank transfer or EFT (Electronic Funds Transfer) through our IYZICO payment system. Through our site, you can pay online with any credit card, either in a single payment or, if available, in installments. For online payments, at the end of your order, the amount will be charged to your credit card.

DISTANCE SALES CONTRACT AND PRIVACY POLICY

1– PARTIES TO THE CONTRACT

A service contract has been signed between TRPAX (hereinafter referred to as the AGENCY or ACENTE) and the person who approves this contract and receives the service (hereinafter referred to as the CONSUMER).

2– SUBJECT OF THE CONTRACT

The subject of this contract covers the rights and obligations of the parties, pursuant to the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Application Procedures and Principles of Distance Contracts (Official Gazette: 27.11.2014/29188), concerning the sale and performance of reservation services for travel operations such as hotels, flight tickets, car rentals, tours, etc., which the Agency sells to the Consumer.

3– GENERAL PROVISIONS

The Consumer acknowledges and declares, under the provisions of this contract, that he/she has been informed in a clear, understandable manner, and appropriate for an internet environment, by the Agency about the Agency’s name, title, full address, telephone, and other contact information; the basic qualifications of the service offered for sale; the sales price including taxes; the form of payment; etc.; and all preliminary information regarding the service offered for sale and the right of withdrawal, how to exercise this right, the official authorities to which complaints and objections can be communicated, etc., and that he/she has confirmed these preliminary details electronically and/or by phone or email and subsequently approved the reservation and the contract in accordance with the provisions of this contract.

The Consumer agrees to receive emails and SMS notifications from the Agency regarding the information, documents, and subsequent processes related to the reservation made online.

Consumers who participate in the service without signing the contract shall be deemed to have accepted and undertaken the terms of the contract with the approval of this contract by the Consumer whom they have authorized on their behalf. The Agency reserves the right of recourse to other Consumers.

If the service subject to the contract is used by someone other than the Consumer, the Agency is not responsible if that person does not accept the service.

After the performance of the service, if the relevant bank or financial institution does not pay the service fee to the Agency due to the unauthorized or unlawful use of the Consumer’s credit card by unauthorized persons, the Consumer shall be liable for the resulting damages.

If, after the performance of the product/service subject to the contract, for any reason—including claims of unfair and unlawful use of the credit card used by the Consumer, without the Agency’s fault—the bank or financial institution does not pay the service fee to the Agency, the Consumer shall be liable for the service fee and all kinds of damages, together with the statutory interest accruing from the reservation date.

4– MUTUAL RIGHTS AND OBLIGATIONS

If the Consumer refuses performance on the grounds that the purchased service is defective, he/she must immediately notify the Agency and the accommodation facility in writing. Otherwise, the Consumer is deemed to have accepted the performance and to have used the service. If the accommodation facility is not prepared in the specified qualifications or is not in a position to provide the service, the responsibility lies with the accommodation facility, and the Agency has no responsibility. In this case, the Agency has the right to accommodate the consumer in its facility of the same standard or of a higher category. If the Consumer does not accept such a change, the Consumer has the right to recover the amount paid for the reservation and cannot claim any form of compensation from the Agency.

If force majeure prevents the execution of the contract, the party who experiences it shall inform the other party immediately and in writing. In the event of force majeure, if the Consumer submits a cancellation request, the Agency is obliged to refund to the Consumer the amount it can recover from the persons or organizations from whom it purchased or intermediated the service. The Agency cannot be held responsible for the amounts it could not recover.

If the Consumer departs early, alleging that the service is defective (including force majeure), the Consumer must provide the reasons in writing to the Agency’s representative and the hotel at the time of the service, and the refund is at the discretion of the cooperating hotel/firm/provider. The Consumer cannot raise any objection to the Agency in this regard. The applicable penalty fee is invoiced to the Consumer.

Depending on the travel product purchased, the Consumer must first inform the hotel or the airline, i.e., the actual counterpart, of any dissatisfaction related to the airline, the hotel, or the providers. Subsequently, in any litigation or complaint the Consumer files, the hotel must be indicated as the opposing party. No material or moral compensation can be claimed from the Agency in this regard.

In the event of a price increase during early booking periods or any periods (apart from system-based errors), the difference is not requested from the customer; likewise, if the hotel implements a discount referred to as an “action,” no refund is made in that respect.

The responsibility for luggage and its contents belongs entirely to its owner, and the Agency assumes no responsibility for loss, theft, or damage. The Consumer is obliged to comply with the laws and customs to which the vehicle in which they will travel and the facility in which they will stay are subject.

For Consumers who have purchased travel insurance services, the coverage for incomplete or defective performance, damages, losses, etc. is determined by the policy of the insurance company providing this service. The Agency bears no responsibility regarding the content, extent, or method of application of these coverages.

5– CANCELLATION, WITHDRAWAL, AND CHANGES

Despite having exercised all due care, the Agency may cancel the contract if force majeure or circumstances arising from the service providers, hotels, airlines, tour organizing companies, or third parties prevent the commencement or continuation of the service. This situation must be communicated to the Consumer as soon as possible. The Consumer has no right to compensation in such a situation. The Agency may refund the Consumer for any unused services, entirely at the Agency’s discretion.

The conditions for cancellation and refund of the service purchased by the Consumer are also determined by the conditions obtained from the providers. Each provider’s cancellation and refund conditions may differ, and these conditions are clearly specified in our travel portal system prior to the purchase of the relevant product/service. By purchasing this service, the Consumer is deemed to have accepted these conditions. If the Consumer fails to notify in writing within 24 hours that he/she missed the beginning of the service but will accept performance later, the Agency has the right to cancel all reservations made on behalf of the Consumer after 24 hours. In such cancellations, no fee is refunded to the Consumer.

When it deems necessary, the Agency may partially or completely cancel the services it has announced or recorded, up to 7 days before their commencement. If the Consumer does not accept such changes or cancellations, he/she may cancel the reservation and has the right to receive a full refund of the amount paid within 10 days.

If the Consumer cancels the contract before the start of the service, the refund of the service fee is determined by which company, hotel, airline, or provider supplied the service he/she purchased, as well as their cancellation and refund conditions. Any refund amounts due will be paid accordingly. Date changes requested by the Consumer shall be treated as cancellations, and the prices on the date of the change apply to the service.

If it becomes impossible for the Consumer to continue with the service purchased, the Consumer may, at least 7 days before the departure date, notify the Agency in writing and transfer the reservation to a third party, subject to meeting all applicable conditions for the tour, hotel, etc.; such transfer is carried out in accordance with the conditions of whichever provider supplied the product/service. In particular, for airlines and flight tickets, there can be no assignment or name change—no transfer is possible. If the transfer is allowed, in the case of hotels, tours, etc., both the transferrer and the transferee are jointly liable to the Agency for the service fee and any additional expenses arising from the transfer.

If the Consumer or the Consumer’s first-degree relatives document, with an official report from a fully equipped state hospital, an illness or death that prevents them from engaging in their usual activities for 10 days, the reservation can be canceled without deduction. This is processed again in proportion to the rules of the relevant provider. If the situation is not documented with a report or if the documentation is incomplete, the Consumer cannot make any claim.

6– RIGHT OF WITHDRAWAL

Under Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised for the products/services covered by this contract. However, the valid cancellation conditions for canceling the reservation are stated above.

7– CONFIDENTIALITY

Information provided by the Consumer under this contract or for the purpose of making a payment shall not be shared with third parties by the Agency unless there is an administrative/legal obligation. Credit card information is only used securely during the collection process with the relevant banks for obtaining authorization, and it is never stored. All information regarding the credit card is deleted from the system after authorization.

8– MISCELLANEOUS PROVISIONS

In matters not written in this contract, the provisions of Law No. 1618, Law No. 6502 (the Consumer Protection Law), the IATA, IHA, UFTAA Conventions, the Code of Obligations, the Turkish Commercial Code, the international agreements to which Turkey is a party, and the Regulations, Directives, Circulars, and Notifications issued in connection with them, shall apply.

For disputes arising from the implementation of this contract, applications may be made to the authorized Consumer Arbitration Committees or Consumer Courts. Even if, for any reason, the Consumers who have purchased this reservation contract by mail order, virtual POS, bank transfer, or EFT have not been able to sign it, they have learned of the conditions of this contract through catalogs, the website, or announcements and have agreed and undertaken to receive this reservation contract under the terms written in this contract.

Kind regards,

TRPAX

PRIVACY POLICY

Whether employees or other individuals, any data at TRPAX is confidential. No one can use, copy, reproduce, transfer it to others, or use it for any purpose other than business purposes, without compliance with a contract or the law.

User Account Security

To ensure the security of your membership account, please do not share your username and password for the Site with anyone. When creating your password, we recommend using unique combinations of numbers, letters, and special characters that only you can know and that others cannot guess. If you share your password or user information with third parties, or if this information is obtained by third parties, it may cause your user information and reservation details to be controlled by those third parties. We remind you that in such a case, you will be responsible for all actions carried out through your user account. Therefore, you could become the addressee of legally binding transactions carried out on your behalf. If, for any reason, your password’s security becomes compromised, you should change your password.

Transaction Security

All necessary technical and administrative measures are taken by TRPAX to protect personal data collected and to prevent it from falling into the hands of unauthorized persons, thereby preventing any harm to our customers and potential customers. This includes ensuring that software meets standards, choosing third parties with due care, and ensuring compliance with data protection policy within the company. Measures relating to security are continuously updated and developed.

Security of Your Personal Data

During your visit to the Site or when you become a Site member and make a reservation, you may share your personal data with us. Please review our Clarification Text on the Protection of Personal Data for more detailed information on how we collect, process, transfer your personal data, and how you can exercise your rights regarding your personal data.

Audit

TRPAX conducts necessary internal and external audits concerning the protection of personal data.

Notification of Violations

When TRPAX is notified of any breach of personal data, it immediately takes action to remedy the breach, minimize the damage, and compensate for the loss. If personal data is obtained by unauthorized external parties, it immediately informs the Personal Data Protection Board. Applications related to reporting violations may also be submitted according to the procedures specified on the addresses at https://trpax.com.

Contact

For your questions and requests regarding the privacy agreement, after printing and filling out the form below, you may send it by registered mail with return receipt to the address below:

TRPAX

Address: Istanbul / Bakırkoy

Email: info@trpax.com

DISTANCE SALES CONTRACT

1. PARTIES

This Contract is signed between the parties below under the following terms and conditions.

BUYER:

NAME-SURNAME:

ADDRESS:

SELLER:

NAME-SURNAME:

ADDRESS:

By accepting this contract, the BUYER acknowledges in advance that if the BUYER confirms the order subject to the contract, the BUYER will be obliged to pay the price of the order, plus any specified additional fees such as shipping costs or taxes, and that the BUYER has been informed in this regard.

1. DEFINITIONS

For the implementation and interpretation of this contract, the terms written below refer to the statements written against them.

MINISTER: The Minister of Customs and Trade

MINISTRY: The Ministry of Customs and Trade

LAW: The Law on the Protection of Consumers No. 6502

REGULATION: The Regulation on Distance Contracts

SERVICE: Any consumer transaction other than supplying goods, carried out or undertaken to be carried out for a fee or benefit

SELLER: The company that provides goods to the consumer within the scope of its commercial or professional activities, or acts on behalf of or for the account of the party providing the goods

BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes

SITE: The internet site belonging to the SELLER

ORDER PLACER: A real or legal person requesting goods or services through the SELLER’s internet site

PARTIES: The SELLER and the BUYER

CONTRACT: This contract concluded between the SELLER and the BUYER

GOODS: The movable items that are the subject of the purchase, as well as software, audio, video, and other intangible goods prepared for use in electronic media

1. SUBJECT

This Contract regulates the rights and obligations of the parties, pursuant to Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, in relation to the sale and delivery of the product specified below, for which the BUYER has placed an electronic order through the website belonging to the SELLER. The prices listed and announced on the site are the sales prices. The announced prices and promises remain valid until they are updated and changed. Prices announced for a specific period are valid until the end of that period.

1. SELLER INFORMATION

Title:

Address: Istanbul / Bakırkoy

Telephone: +90 542 551 36 13

Email: info@trpax.com

1. BUYER INFORMATION

Recipient:

Delivery Address:

Telephone:

Email/Username:

1. ORDER PLACER INFORMATION

Name/Surname/Title:

Address:

Telephone:

Email/Username:

1. INFORMATION ON THE PRODUCT(S)/SERVICE(S) SUBJECT TO THE CONTRACT
2. The main characteristics of the goods/products/service (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign is carried out by the SELLER, you can review the main features of the relevant product throughout the campaign period. It is valid until the campaign date.

7.2. Prices

The prices listed and published on the site are the sales prices. The published prices and promises remain valid until they are updated and changed. The prices announced for a specific period remain valid until the end of the specified period.

1. INVOICE INFORMATION

Name/Surname/Title:

Address:

Telephone:

Email/Username:

Invoice delivery: The invoice will be delivered to the invoice address, along with the order, at the time of order delivery.

1. GENERAL PROVISIONS

9.1. Information and Acceptance

The BUYER declares, acknowledges, and undertakes that he/she has read and become aware of all preliminary information regarding the main characteristics of the product subject to the contract, the sales price, the payment method, and the delivery details on the SELLER’s website, and that he/she has provided the necessary confirmation in electronic media.

9.2. Delivery Time

Each product subject to the contract shall be delivered to the BUYER within the time specified in the preliminary information section on the internet site, depending on the distance of the BUYER’s residence, without exceeding the 30-day legal period.

1. RIGHT OF WITHDRAWAL

If the distance contract pertains to the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the goods within 14 days from the date on which the goods are delivered to the BUYER or to the person/organization indicated by the BUYER, without giving any reason and without incurring any penalty, on the condition that the BUYER notifies the SELLER.

1. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products prepared at the request of the BUYER, or in line with the BUYER’s explicit personal needs, such as lower parts of underwear, makeup products, single-use products, are outside the scope of the right of withdrawal.

1. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER, having made the payment by credit card, falls into default, the BUYER acknowledges, declares, and undertakes that he/she will pay interest in accordance with the credit card agreement with the issuing bank and that he/she will be liable to the bank.

1. COMPETENT COURT

In case of disputes arising from this contract, complaints and objections shall be submitted to the consumer arbitration committee or the consumer court where the consumer’s place of residence is located or where the consumer transaction took place.

1. EFFECTIVENESS

When the BUYER makes the payment for the order placed through the Site, he/she is deemed to have accepted all terms of this contract.