TERMS OF USE

General Provisions

Thank you for visiting our website at www.turkishairlinesholidays.com and/or using our TK Holidays mobile application (together as “Website”).

YOU UNCONDITIONALLY ACCEPT THE TERMS OF USE (“AGREEMENT”) BY ACCESSING AND USING THE WEBSITE.

ALL INFORMATION OBTAINED FROM THE WEBSITE OR THROUGH ANY PURCHASES AND OTHER TRANSACTIONS YOU MAKE BY USING THE WEBSITE ARE SUBJECT TO THESE TERMS OF USE, UNLESS OTHERWISE EXPRESSLY REGULATED.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE STARTING TO USE THE WEBSITE.

"TK Holidays", "Package Holiday Organizer" or "We" below refers to ERKA TK Turizm Bilişim A.Ş. located at Rüzgarlıbahçe Mah. Şehit Sinan Eroğlu Cad. K Binası No: 3 Giriş Kat Beykoz, İstanbul address and "You" refers to the persons accessing to the Website (including the persons accessing the Website on behalf of other persons).

"Material/Materials" refers to software, programs, data, information and databases.

By using the Website, You accept and undertake that You are an adult who has the legal right and authority to enter into a binding contract, including but not limited to this Agreement, and to use the Website in accordance with all terms and conditions of this Agreement, within the scope of the legal regulations applicable to the use of the Website. You are responsible for all payments to be made to us for reservations made by You or another person using Your login information.

IF YOU ARE MINOR OR NOT AUTHORIZED TO USE THE WEBSITE OR IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY.

The terms and conditions of this Agreement will also apply when You use the Website or parts of the Website through other websites that provide partial or full access to the Website.

Users who are members of the Website guarantee the accuracy of all the information they provide. Users are responsible for all transactions made with their own username and password and all the consequences that may arise from these transactions. Users agree and undertake not to share their username and password with third parties.

Changes To Be Made on The Website

As the owner of the Website, We have every right to edit, use and transfer the Website and the Material contained on the Website. We reserve the right to make improvements or changes to the information, services, products and other Materials or to terminate the Website at any time without notice. In addition, We may also modify the Agreement at any time, as long as it does not purport that there will be a restriction on Your rights arising from agreements received through the Website but not yet executed. Such modification will come into effect upon posting of the amended Agreement on the Website. Therefore, You are deemed to have accepted the amended Agreement by continuing to access or use the Website.

Permission to Use

The online services of the Website are provided only for the purpose to enable You to use the products and services provided through the Website (flight status check, provide customer feedback, sign up as a member, book a flight, online check-in, etc.). You may use the Website only in accordance with the Agreement and for the legally permitted purposes described above. You declare that You particularly agree to the following:

1. The Website shall not be used in a way that violates the property rights of others.
2. No device, mechanism, software or other scripts may be used, including uploading infected files, which may interfere with the operation of the Website.
3. No transaction shall be executed that may create an unreasonable or excessive load on the Website infrastructure.
4. The content created on the Website shall not be blocked, overwritten or modified, or the Website shall not be blocked in any way.
5. Information on the Website shall not be copied for commercial purposes. This includes publishing ERKA TK's flight fares on another website or on another online server. In particular, it is prohibited to copy, distribute or otherwise use or reproduce the content extracted from the Website with/through "robots", other search engine technologies or other automatic mechanisms.
6. Unauthorized access or access attempt to our network in any way is prohibited.
7. The user accepts and undertakes that the use of the credit card and all kinds of payment instruments on the Website is made in accordance with the conditions of contract of the institution offering the payment instrument and with the knowledge of the card/account holder and to pay any losses incurred by Erka TK and also those who suffer thereof, due to the lack of consent of the relevant persons or executing transaction against the rules of the credit card institution/bank.
8. Incorrect, incomplete, information that You do not have the right and authority to provide shall not be provided in the reservations to be made by You through the Website, and no fake, fictional or fraudulent reservations shall be made.

Possible consequences of improper use

Without prejudice to our existing rights under the Agreement and applicable legislation, if You violate or We reasonably suspect that You have violated the terms and conditions of the Agreement, We reserve the right to cancel Your reservation and/or block Your access to the Website without any notice given to You and without any liability to You or anyone You transact on behalf.

Links to other websites

The Website contains links to other websites or web pages established, operated or edited by 3rd parties. These links are entirely for Your convenience and the use of such website or web pages is subject to the conditions determined by the relevant third parties who establish, operate or edit the relevant website or page. To be able to link to such websites or pages through the Website does not mean that We recommend the products and services offered by such website or pages, or does not mean that We provide a guarantee regarding the products and services provided under such website or pages. We are not a party to the disputes arising from the choice, purchase and use of the products and services provided by such websites or pages, and such disputes will need to be carried out and resolved between You and the relevant third party(s) who establish, operate or edit the relevant website or pages, and sell goods and services from these pages. You agree that the use of such websites or pages is entirely at Your own discretion, that We do not provide any referral, advice or suggestion to You, and that We or our cooperation partners have no liability over Your use of and/or Your transactions on these websites and pages that are not owned by us. You may not make a claim from us, our affiliates or our subsidiaries due to such circumstance.

If You want to link our Website and use this link for commercial purposes, You must first notify us about Your intent and obtain our consent. We may refuse to provide such links to the Website. However, if We allow such links, We shall not be liable to reciprocally share link with You or any other third party. We expressly reserve the right, in our sole discretion, to block access to links or to terminate our consent to such links that are deemed inappropriate, at any time. Our failure to exercise such right does not indicate that We accept responsibility for such linked websites or links, or waive any right to disconnect later or exercise our other rights.

Intellectual property rights

Our Company is authorized to use the “Turkish Airlines Holidays” brand throughout the agreement period upon the Holiday Package Sales Cooperation Agreement concluded between Türk Hava Yolları A.O. (Turkish Airlines Corporation) and our Company, and to provide services to customers within the scope of the Holiday Package Program. The ownership of the website belongs to us and/or our business partners and operated by the same persons. The intellectual property rights, including copyrights, regarding the materials on the Website and our trademarks and brands contained in such materials belongs to us and/or our licensors and/or suppliers and/or business partners.

Each and every material, information, software, product or service obtained from the Website may not be modified, copied, viewed, performed, licensed, reproduced, republished, uploaded, sent, transferred, sold, distributed, researched, improved, tracked or retrieved in any way without our prior written consent. You are only permitted to download one copy of such Material on a single computer for personal and non-commercial purposes, provided that You abide by all relevant copyright and other proprietary notices.

Security

All reasonable measures are taken to preserve the confidential information You transmit to us by using the Website and to protect this information from unauthorized access. Despite the measures taken, there is no guarantee that unauthorized access to this information will never occur. ERKA TK and/or its business partners will not be liable for such unauthorized accesses unless they occur solely as a result of our gross negligence. In case of gross negligence, the total liability of us and our business partners is limited to the fee of the service purchased, regardless of the type of violation and the amount of loss suffered.

The most up-to-date industry security standards are used on the Website to ensure that online payment and all other transactions made with personal data are secure.

Disclaimer of warranty

Your direct or indirect access to the Software and Materials through the Website is fully under Your control, and their use is at Your own risk. We make no guarantees, warranties or representations about the reliability, stability or being virus-proof of such software.

We check the Website regularly to ensure that the information on the Website is as accurate and up-to-date as possible. However, despite our best efforts, from time to time there may be cases where the information on the Website is out of date. The available information regarding related services may differ from the information displayed on the Website. No warranties or representations, express or implied, are made with respect to the Materials, including but not limited to those displayed on the Website, or to the effect of the Materials on information, services or products, including but not limited to warranties of condition, quality, performance, merchantability, up-to-datedness or fitness for a particular purpose, whether linked or not.

We strive to ensure that the information on the Website is accurate and reliable. However, technical errors may occur on our Website. Therefore, We make no commitments regarding the reliability of the features, Materials on our Website, and other elements of our Website to the maximum extent permitted by applicable laws. The risks that may arise due to Your reliance on our Website, Materials and/or other features of our Website are exclusively Your own.

We have no control over the content provided by our third-party suppliers and made available by us on the Website. Therefore, We are not liable of any information, data, text or other material that may be displayed as submitted content or otherwise made available by users. The views expressed in the content submitted do not necessarily reflect our views. Submitted content is not subject to a mandatory review prior to publication, so we do not make any express or implied warranty about the content submitted or about the accuracy and reliability of the content submitted. ERKA TK does not make any statement regarding the period of time that any content will be stored on the Website. Information, software, virus, program or Web Site content that harm or have the potential to harm the technical infrastructure, content, computers of the Website users, and any content that is incompatible with the apparent purpose of the Web Site content (such as insults, violence, racism, politics and similar content) will be deleted from the Web Site content once they are detected, and the information of users who submit such content may be shared with the relevant official authorities upon the request of the official authorities.

Compensation

By using this Website, You agree to indemnify and hold us harmless from all liability, costs (including but not limited only with legal fees and expenses) and damages inflicted from claims arising from Your use of the Website, as a condition of using the Website.

In no event shall we be liable for any direct or indirect losses caused by breach of the agreement, tort or other reasons in connection with Your access to or use of the Website or the Materials on the Website. We do not accept any liability for interruption of transmission, disruption or malfunction caused by breach of the agreement, tort, negligence or other reasons. You agree to release and hold us harmless from loss, claim and liability, including, but not limited to, court costs arising from Your access to or use of the Website or other linked websites, and other expenses that may arise from Your use/visit of the Website.

Jurisdiction

This Agreement, Your use of the Website or the Materials available on the Website or downloaded/accessed from the Website, and any disputes or claims arising out of or in connection therewith shall be subject to the laws of the Republic of Türkiye and will be interpreted in accordance with the same laws. You agree to submit such disputes and claims to the jurisdiction of İstanbul Çağlayan Courts. We reserve the right to take legal action before the courts of the country in which You reside or use the Website.

In cases where the Agreement is translated from Turkish to other languages, if there is any incompatibility or inconsistency between the Turkish text and the translation of the Agreement in any language, the Turkish version of the Agreement shall prevail.

Travel notifications

If You choose to receive notifications (including but not limited to booking confirmation, travel/flight status notifications) from us via email, to Your mobile phone or such other mobile device, the terms and conditions of the Agreement shall apply. Without limiting the general validity of the hereinabove, We will not be liable for the failure of the delivery of any notice or message. We will not be liable for any direct or indirect damage or loss You may suffer as a result of our failure to send such notices in a timely manner, Your reliance on the information contained in such notices, or whether or not You received such notices. Please note that We may terminate this notification service at any time without notice.

Currency and exchange rate

Information about exchange rates on the Website is provided and updated according to instant data received from the Central Bank of the Republic of Türkiye. We would like to state that We do not accept any liability for the disparity that may occur in the event of a disruption or delay in the provision of such data on the Website due to technical reasons or reasons arising from the Central Bank of the Republic of Türkiye.