Terms and Conditions

GENERAL TERMS AND CONDITIONS

Umbrella Travel  website: www.umbrellatravel.online(“The Website”) belongs to Estetik Turizm Organizasyon San. Ve Tic. Ltd. Sti (hereinafter referred to as ‘’Umbrella Travel’’) a legally-constituted Turkish Tour Operator, located at Ergenekon Mah. Cumhuriyet Cad. No: 177 /6, Harbiye / Istanbul / Turkey Sisli, Istanbul – TURKEY.

The travel organizer (hereinafter referred to as AFFILIATE) shall offer accommodation, transfers, excursions,  tickets, car rental and other destination services (the “Travel Services”) through the Website.

The following Terms and Conditions form the basis of the Affiliate’s relationship with Umbrella Travel. Please read them carefully as they set out both Umbrella Travel  and  Affiliate’s respective rights and obligations.

Any booking that the Affiliate makes through the Website is conditional on the Affiliate accepting these General Terms and Conditions, the legal statement and privacy policy (the “Terms and Conditions”). The Terms and Conditions form an integral part of the Website and cannot be separated from the general contracting conditions, operations or bookings. By visiting, using or ordering from the Umbrella Travel Online Website, the Affiliate and its user expressly agree to be bound by these Terms and Conditions and all applicable laws and regulations governing the Website and bookings transacted via the Website.

1. DEFINITION:

Accommodation: Means any form of accommodation, including but not limited to hotels, motels, guest houses, bed & breakfasts, hostels, villa’s, apartments (serviced or otherwise), lodges, inn, guest accommodation, resort, condominium, camping accommodation and any other (type of) accommodation or lodging provider (whether or not available on the Umbrella Travel Online Website).

Affiliate: The Party of which the relevant (contact) details are set out in Affiliate Partner Registration Form.

Affiliate Group: The Affiliate and the ultimate holding company of the Affiliate (including the group of companies or entities which are under the (direct or indirect) control of (the ultimate holding company or shareholder(s) of) the Affiliate).

Booking Provider: A third party offering online reservation services for accommodation that has entered into commercial agreement with Umbrella Travel.

Chargeback: Means any disputed credit or debit card sale that is returned to the acquirer bank for reimbursement of the cardholders account.

Confidential Information: All data and information that is provided by Umbrella Travel to the Affiliate that is confidential in nature, including all data and information that is designated by Umbrella Travel as confidential and all data and information that is reasonably understood to be confidential.

Customer Data: means the Guest’s name, address (including email address), credit card details and such other confidential and private information of a Guest.

FAQ: Frequently Asked Questions

Force Majeure Event: Means any event which is outside the reasonable control of Umbrella Travel, including without limitation an act of God, strike, lockout or other interference with work, war declared or undeclared, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint, expropriation prohibition intervention direct or embargo, unavailability or delay in availability of equipment or transport, inability or delay in obtaining governmental or quasi-governmental approvals consents permits licenses authorities or allocation

Intellectual Property Right: Means any patent, copyright, inventions, database rights, design right, registered design, trade mark, trade name, brand, logos, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name (with whatever (country code) top-level domain, e.g. – .com, .de, .fr, .ru) or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction in the world.

Third Party Platforms: Means any (third party) search engine (marketing provider), website, meta-search engine, search engines spiders, travel search sites, price comparison sites, social networking communities, browsers, content sharing and hosting services and multimedia blogging services or other (similar) channels or other forms of (traffic hosting) media, whether online or offline.

Site: Means any website owned or operated by Umbrella Travel as part of the hotel price comparison solution (such as www.umbrellatravel.online), including any version customized or developed to match the Affiliate’s style guide and/or other requirements.

• CHANGE IN OUR TERMS AND CONDITIONS
  •  www.umbrellatravel.online owned and operated by Estetik Turizm Organizasyon San. Ve Tic. Ltd. Sti (doing business as Umbrella Travel), access to the Umbrella Travel Online Website is strictly controlled by Umbrella Travel, and Umbrella Travel reserves the right to change or modify, to substitute or suspend right to change, modify, or remove these terms and conditions at any time without notice. Changes will be effective as soon as they are published on the Umbrella Travel Online  Website.
  • If the Affiliate does not agree to be bound by the Terms and Conditions, the Affiliate must not proceed with the booking.

• UMBRELLA TRAVEL ONLINE APPOINTMENT AS AFFILIATE’S AGENT
  • This agreement for access to this program is entered into directly by and between Umbrella Travel and the Affiliate. The Affiliate appoints Umbrella Travel as its Agent for the provision of travel services in all territories in which Umbrella Travel  operates and Umbrella Travel  accepts such appointment.
  • The intermediary travel services that may be provided by Umbrella Travel  to the Affiliate under this agreement shall include the request for availability, booking and confirmation of the accommodation services, transfer services, excursion services, online visa application services and representative services or such other services as the Parties may from time to time agree.
  • Umbrella Travel will make use its best endeavors to get the confirmation from the service supplier selected by the Affiliate in accordance with the submitted booking request. Should the availability be confirmed by the service supplier and the Affiliate proceeds with the payment in accordance with these Terms and Conditions, Umbrella Travel will be able to confirm  the booking to the Affiliate.
  • Umbrella Travel acts as the Affiliate’s Agent only in respect of all bookings Umbrella Travel makes on the Affiliate’s behalf. Umbrella Travel  accepts no liability in relation to any contract the Affiliate enters into or for any other services that the Affiliate books or for the acts or omissions of any service supplier or other person(s) or party(ies) connected with the Affiliate’s booking. The service supplier’s booking conditions will apply to the Affiliate’s contract and prices and cancellation conditions shall be displayed when making each booking, dependent on prevailing conditions, availability and other factors. The Website will guide the Affiliate through the booking procedure.

• RESERVATIONS
  • All bookings must be made online. When the UMBRELLA TRAVEL Agent has completed the booking online, it is the Agent’s responsibility to check and make sure all the details on the booking confirmation voucher (such as hotel address, hotel info, city and country details) are correct. Once the reservations/requests are confirmed, Umbrella Travel cancellation, amendment, no show policy is stated in cancellation policy before booking or at the booking confirmation. Payment and refund/discount policies will apply as described under the Database Access Agreement that is signed only with Credit/Deposit agencies.
  • No amendments of any kind (date changes, name changes, flight number change, and vehicle type change) are accepted. Transfers are non-amendable. It is mandatory to enter valid and accurate passenger details at the time of booking since, it is not possible to amend.

• WEBSITE USE
  • AGE AND RESPONSIBILITY
    • The Affiliate warrants that:

has made legitimate inquiries or bookings for the Affiliate or any other person for whom the Affiliate is legally authorized to act; the user of the  codes is at least 18 years of age or over and have legal capacity to use the Umbrella Travel  site and to create a legally binding contract for the Affiliate and, that all personal information submitted during the bookings process is correct and Affiliate accepts financial responsibility for all transactions made under Affiliate name or account.

• ACCESS CODES
  • Access codes (user names and passwords) to this program shall be given by Umbrella Travel to each Affiliate, including as many passwords as necessary for each personal user. After initial access codes are used for the first time to access the Umbrella Travel  booking service, each user of the registered Affiliate MUST change his/her personal password (initially provided by Umbrella Travel) to maintain absolute confidentiality, preference and independence when operating.
  • Access codes provided by Umbrella Travel are for the sole use of each Affiliate and personal user; no access code use may be transferred or disclosed to third parties including, but not limited to, representatives or subsidiaries of the Affiliate. Each Affiliate and the personal user are directly responsible for the use of their own access codes, which must not be shared with other users nor disclosed by any means. In the event of improper use thereof, such access codes shall be withdrawn; sales will immediately be stopped and fraudulent bookings will be canceled. In the event Umbrella Travel or Affiliate detect fraudulent or improper use of the access codes by the Affiliate, including its current and former employees, Umbrella Travel  reserves the right to take any legal action pursuant to the protection of its legitimate interest and claim the cancellation costs of the fraudulent bookings from Affiliate.
  • The Affiliate shall immediately notify Umbrella Travel of any security breach or improper use.
  • For reasons of security, Umbrella Travel reserves the right to change the access codes of the Affiliate so long as such changes shall not disrupt the use of the system by said Affiliate, and that sufficient notice of the planned change(s) is received by said Affiliate. In addition, the Affiliate should change the access codes from time to time for security reasons, especially every time one user is no longer employed by the Affiliate.

• BOOKINGS: HOW TO BOOK TRAVEL SERVICES
  • Simply search for the chosen Travel Service (accommodation, tour programs, transfer, excursion, ticket, car rent and other destination services), the service supplier  at the desired destination, booking pax and dates, then proceed to the booking page. Details of Affiliate selection will be featured at the Website. The Affiliate shall carefully check the dates, the price, the destination and the service supplier details before completing the booking. Information relating to the cancellations policy, costs and details applicable to the booking will also be displayed during this process. To confirm a booking, the user must be authorized to make the booking by the Affiliate and by all persons named on the booking and their parent or guardian for all party members who are under 18 when the booking is made. By making the booking, the Affiliate is confirming that all persons named on the booking accept the Terms and Conditions and that the Affiliate will inform the other persons named on the booking of the confirmation details and any other appropriate information. By making the booking the Affiliate also become responsible for making all payments due to UMBRELLA TRAVEL.
  • Once Umbrella Travel has received the Affiliate booking and all appropriate payments, Umbrella Travel  will, subject to availability, confirm the booking once the service supplier concerned reserves to Umbrella Travel
  • UMBRELLA TRAVEL will confirm by issuing a confirmation e-mail containing a booking voucher. The booking request will not be confirmed by Umbrella Travel and the transaction is not considered completed until the Affiliate has paid on time the full price of the services, irrespective of whether the consumer, intermediary or the remaining interested parts, have paid the referred price to the Affiliate. Therefore, UMBRELLA TRAVEL will confirm the booking once the full price is paid by the Affiliate. Except where the parties have agreed on payment terms in a financial agreement, under no circumstances will the booking be deemed complete until the Affiliate has paid Umbrella Travel the price of the services, independently of the consumer, intermediaries or other parties concerned having paid the aforementioned price to the Affiliate. Consequently, Umbrella Travel will only confirm the bookings once the payment has been made in full to Umbrella Travel.
  • Affiliate shall check the booking voucher carefully as soon as the Affiliate receives it and contact Umbrella Travel’s customer services immediately if any information which appears on the booking voucher or any other document appears to be incorrect or incomplete. As Umbrella Travel acts only as Affiliate’s travel agent, Umbrella Travel will have no responsibility for any errors in any documentation except where those errors were made by Umbrella Travel while processing the booking.
  • Such a voucher or booking confirmation shall include:
• Booking Reference Number
• General Booking Details
• Breakdown of amount and/or invoice to be paid by Affiliate to Umbrella Travel (or subsidiaries/ 

              Affiliates)

• Voucher or deliverable documents. The documents provided by Umbrella Travel are for the sole reference of the Affiliate. The voucher for the consumer MUST be issued by the Affiliate and it must indicate that it is payable by the company designated in the documents issued by Umbrella Travel unless otherwise agreed in writing with Umbrella Travel, including the following wording: “Payable through [the appropriate Umbrella Travel company that corresponds to the destination booked], acting as Agent for the service operating company”. The consumer shall present the Affiliate’s voucher with Umbrella Travel reference at the service supplier/accommodation establishment upon check in.
  • If a cancellation has occurred immediately after the confirmation of the booking, the voucher will become invalid. Consequently the booking will be deemed invalid by Umbrella Travel and the service supplier. Moreover if the service supplier renders the services, Umbrella Travel shall not be responsible for its payment.

• IMPOSSIBILITY OF HANDWRITTEN SIGNATURE
  • Due to the special characteristics of the electronic commerce, Affiliate hereby acknowledges the impossibility of handwritten signature for this transaction. Therefore, Affiliate hereby accept that there is no need for handwritten signature and Affiliate also accept to be bound by the acceptance of the Terms and Conditions of the Website upon making the booking.
  • I ACCEPT – If you do not fully understand or do not accept these Terms & Conditions, please do not “Accept” but contact us for clarification at [email protected]

1.    GENERAL
   1. The Affiliate is responsible for ensuring that these Terms and Conditions are brought to the attention of, and agreed with, their consumers, intermediaries, and all other interested parties, prior to entering into any agreement with those parties to which these Terms and Conditions might apply.
   1. Upon making any business transaction via the Website, the Affiliate accepts that these Terms and Conditions apply to each and every transaction.
   1. Affiliate is obliged to provide the Retail Agency or, if applicable, the consumer, the following data:
2. What is included and not included in the price of services.
3. The regulations and consequences of a no show by the consumer at the establishment, of regulations regarding cancellations, annulments and modifications, as well as of any possible name changes of the Hotel plus the possible existence of stay taxes.
4. That all the users, including children, must have current personal and family documentation, either passport or National Identity Document, as required by the country or countries visited.
5. All extra services (special meals, extra beds, cots/cribs etc).

1. Affiliate is also obliged to provide a voucher for the services that contains the following wording:

“Payable through

[the appropriate Umbrella Travel Company that corresponds
to the destination

booked]

, acting as agent for the service operating company”.

1. The consumer shall be liable for obtaining the documentation required at destination, such as visas, ID’s, passport, medical documents, etc. and Umbrella Travel shall not be liable for any circumstance or expense incurred due to lack of documentation or non-compliance of requirements.
   1. That for all intents and purposes, regarding transport by land, it is understood that the user shall carry with him/her all their luggage and personal belongings, irrespective of the location within the vehicle where these are stowed, and that such luggage and personal belongings are carried at user’s own risk. Users are recommended to be present during handling, loading and unloading of luggage.
   1. With regard to transport of luggage by air, by rail, by sea or by river, the general Terms and Conditions applicable to transportation companies shall apply, with the ticket being the binding document between the aforementioned companies and the passenger. In the event of any damage or loss, the consumer shall at that time make a claim to the Transport Company. In any case Umbrella Travel will not be responsible for the passenger’s luggage.

1. Telephone calls to Umbrella Travel may be recorded to enable us/Umbrella Travel to monitor and improve Umbrella Travel’s services. Please contact us at [email protected] if you do not want to receive any promotional emails/ Newsletters or special deals.

1.  WARNING – OTHER COUNTRIES/TERRITORIES POTENTIALLY SUBJECT TO RESTRICTIONS
   1. All bookings for locations subject to sanctions by the United States, European Union or other countries must be consistent with applicable restrictions. No refunds will be made or liability incurred with respect to any travel arrangements, or related payment arrangements that are prohibited under applicable law.
   1. GROUPS
      1. A booking is considered to be a group booking when there will be ten (10) or more pax travelling. Umbrella Travel reserves the right to cancel any FIT booking made for a group or, if determines, at its sole discretion, that the booking was/has been made for the purpose of holding space for a future sale. Please submit your group request using the Umbrella Travel group page or via email request.

1. NAMES OF PERSONS TRAVELLING
   1. It is important that the person making the booking must enter the correct Customer’s Data.

1. ROOM TYPES
   1. It is the responsibility of the  Umbrella Travel Agent’s who are making the booking to ensure that the room type booked will be suitable for the traveling party. If more persons turn up at the hotel than the room can accommodate then the hotel are within their rights not to accept the booking and in this case no refund will be made.
   1. Umbrella Travel will try to ensure that the hotel provides the room type(s) booked, however there may be occasions when instead of a double-bedded room a twin may be allocated or a double –bedded room instead of a twin. Please be aware that the majority of European hotels provide 2 single beds pushed together to make a Double bed. While all room type preferences are forwarded to the hotel, room allocation is done by the hotel and subject to availability at the time of check in.

.

1. UNAUTHORISED ROOM BLOCKS
   1. Holding Room Blocks is considered as prohibited behaviour. The use of the UMBRELLA TRAVEL booking engine is limited to Free Independent Traveller/Tourist (FIT) bookings and as such our database inventory is protected against any other unauthorized use.
   1. The blocking of multiple rooms or services with unconfirmed names, ensuing name changes or cancellation within 45 days of arrival is prohibited, due to database inventory restraints. Should any such blocks be detected, Umbrella Travel reserves the right to:
2. Deny and cancel said bookings.
3. Charge an administrative fee for handling the block and subsequent changes.
   1. Administrative fee:

Multiple name changes indicating that rooms have been blocked will be subject to a 25 USD fee per modification, including each name change.

The administrative fee can vary from time to time, for the concrete administrative fee please contact the respective Umbrella Travel Sales Manager.

1. SPECIAL REQUESTS
   1. Specific room types, smoking preferences and bedding types for double/twin rooms cannot be guaranteed and are subject to availability at the time of check in. It is always guaranteed that the room provided by the hotel will accommodate the number of Customer(s) booked.

HOTEL CATEGORIES, LOCAL HOTEL CLASSIFICATION AND HOTEL STAR RATINGS

Star ratings aim to give a general overview of the quality of the hotel and approximate level of facilities, services and amenities available. However this rating system does vary from country to country. Umbrella Travel are not responsible for the hotel categories and star ratings as these have been provided to us and accepted in good faith.

1. ACCOMMODATION SERVICES
   1. Children
      1. Special conditions for children are agreed upon with each service supplier and are not based on any one criteria; therefore, and given that each accommodation establishment/ supplier applies its own special conditions or discounts, AFFILIATE shall enquire about this point when making the booking.

Accommodation services: Such discounts or special conditions must be understood as applicable only when children share a room with 2 adults.

1. BABY COTS/ BABY CRIBS –
   1. In the event that this service is required, this shall be indicated when making the booking, as some accommodation establishments have a limited availability of such items. This extra service can be paid by the consumer directly at the establishment if required.
   1. Third Person In Accommodation Services
      1. Almost all hotels will treat a booking for a third person as a double room with an extra bed. Consult the supplement and/or discount applicable for an extra bed to be occupied by an adult, as this varies depending on the hotel. There are hotels with very few available extra beds, so it is imperative to ensure availability when making Affiliate booking. Failure to do this may result in non-availability of the extra bed at the hotel, with no right to claim any service provision or amount whatsoever from Umbrella Travel.
   1. No Show In Accommodation Services
      1. No show by the Affiliate’s consumer at the accommodation establishment without prior warning shall be considered a cancellation.
      1. No reimbursement to the consumer shall be made in the event of a ‘no show’ without prior consultation with, and express authorization from, Umbrella Travel, who shall inform the Affiliate of charges payable, which may range from the cost of one night to 100% of the amount of the booking.
   1. Modifications
      1. Unless expressly authorized by Umbrella Travel the Affiliate shall not be allowed to reduce the reserved period of stay or requested service, nor change the names of the consumer once booking has been made.
      1. Any such changes shall be deemed to be a cancellation of the booking. Modifications to extend the reserved period shall be subject to availability; in the event of an extension, the price shall be modified accordingly. Modifications should be managed through Customer Support Team, ticketing system from www.umbrellatravel.online.
   1. Important
      1. Throughout the year, some accommodation establishments may change name or trade name, which shall not be construed as a change of hotel or modification of the booking.
      1. Umbrella Travel cannot be held liable for any loss, costs or damages incurred as a result of the provision of such Local Taxes/Fee Estimations. Confirmation of and the accuracy of the Local Taxes/or Fee Estimations is ultimately the responsibility of the Affiliate. 
      1. The categories of the hotels have been provided by the establishments themselves and in accordance with specific regulations applicable in each country. A hotel in one country, therefore, may not be similar in terms of services and quality to a hotel in another, despite belonging to the same category. Umbrella Travel provides the information supplied by the hotel/ supplier regarding the existence of works of refurbishment or renovation of the establishment, as well as duration thereof. Umbrella Travel shall not accept claims for works about which it has not been informed or which extend beyond the planned date of conclusion thereof.

SERVICE WHICH PROVIDE BY UMBRELLA TRAVEL

1. CAR RENTAL SERVICE
   1. A car rental booking (whether confirmed or not) through the Website www.umbrellatravel.online does not constitute a contract for the supply of vehicle rental services. A contract will be entered into between the consumer and the car rental company at the time of rental and will be governed by the laws of the country of rental.
   1. The contract is entirely between the consumer and the car rental company.
2. TRANSFER SERVICE
   1. The following additional Terms and Conditions apply to Affiliate’s booking transfer services through the Website www.umbrellatravel.online
   1. Umbrella Travel agrees to carry the passenger and his/her luggage on the journey permitted by the services booked with UMBRELLA TRAVEL, subject to these special Terms and Conditions of carriage and any special conditions applicable to the services booked.
   1.  UMBRELLA TRAVEL is not obliged to carry any child under the age of 14 unless that child is accompanied by a responsible person aged 18 or over. Children over the age of 2 require a booking to be made for them.
   1. The service booked may only be used by the person(s) named on the booking or for whom it has been purchased, and may not be transferred to or used by anyone else. The person that requests the web booking-form must have the authority to do so from all the other travelers in the group and confirm that the people named on it accept the booking conditions, and is responsible for the full cost of the service, including any cancellation or amendment charges. The person will inform other members of the party of confirmation details and any other appropriate information.
   1.  Bookings. Booking requests for transfers must be made at least 48 hours before transfer time. Communication of the confirmation of the booking shall be made from the web page of Umbrella Travel. Once the transfer booking is completed, a voucher with the reference number will be displayed on the screen. The voucher must be printed and presented as proof of booking.
   1.  Voucher. The voucher will show all the information necessary to reach the boarding point. The voucher will also show a contact telephone number for checking the booking and informing about contingencies. Umbrella Travel advises the passenger to request Transfer service confirmation 24 hours before service time. Transfers are not guaranteed if no confirmation is requested or confirmation is not available.
   1.  Modifications. The destination and pick-up addresses on the voucher are the addresses where the passenger will be delivered and picked up. Any modifications to a booking will be subject to an administration charge as well as any change in the rate to be charged if the collection point is more than two kilometers from the booked collection point. Umbrella Travel also reserves the right not to provide the service if the service is very different from the original service booked. No modifications are allowed less than 48 hours prior to the time of travel. All the Modifications should be managed through Customer Support Team ticketing system from www.umbrellatravel.online
   1.  Cancellation. Consumers are entitled to cancel the transfer through the Umbrella Travel system. Cancellations must be made at least 48 hours before the time of travel. Umbrella Travel will refund the money subject to the cancellation policy. No reimbursement to the consumer shall be made in the event of cancellation less than 24 hours before the time of travel.
   1. No-shows. A no-show by the passenger without prior warning shall be considered a cancellation. No reimbursement to the consumer shall be made in the event of a ‘no-show’ without prior consultation with and express authorization from Umbrella Travel, who shall inform the Affiliate of charges payable which may vary up to 100% of the amount of the booking. Information for the booking of the transfer service is provided by the Affiliate. The voucher must be checked for errors.
      1. The passenger must take the voucher with him/her whenever he/she travels on a service, and must produce the voucher for inspection when requested. The passenger must take care of the voucher.
      1. Lost vouchers. Umbrella Travel will not be obliged to replace the voucher if it is lost, mislaid or stolen; the passenger will be required to purchase a new service to enable the passenger to travel.
   1. Spoiled or tampered vouchers.. If the voucher is spoiled or tampered with before travelling, then Umbrella Travel may replace it if a replacement is requested 1 day prior to travel, and the passenger provides Umbrella Travel with proof of purchase, passenger identity, and a reasonable explanation as to why the voucher was spoiled or tampered with. Umbrella Travel may not unreasonably refuse to replace the voucher. Umbrella Travel may charge a reasonable administration fee for replacing the voucher.
      1. The passenger must make sure he/she is on the correct service and meets any service on which the passenger is travelling at the relevant boarding point.
      1. The passenger should arrive at the boarding point for a service at least 10 minutes prior to the scheduled departure time for that service.
      1. If the passenger arrives later than the scheduled departure time, Umbrella Travel may give the seat to another passenger, in which case the passenger will be considered to have missed the service.
      1. Umbrella Travel shall not be liable to the passenger if he/she misses any service or suffers any loss, economic or otherwise, as a result of his/her late arrival, and shall not be obliged to hold up any service to wait for the passenger, or to provide a seat on any other service if the passenger misses a service.
      1. All transfers will be carried out on the day stated on the voucher. The passenger must allow plenty of time in order to arrive in time to connect with air travel services or other forms of transport provided by other carriers.
      1. Airlines suggest that passengers be at the airport at least 2 hours before the scheduled departure time of their flight. If the passenger misses his/her flight or it is delayed, Umbrella Travel can provide the passenger with a document he/she may require for insurance purposes (if subscribed) to cover the costs of the new transfer. Additional costs may have to be assumed by the passenger. Notwithstanding the aforesaid, transfers from the airport may be automatically delayed if the flight suffers a delay. The passenger undertakes to comply with the particular rules established by the transfer service supplier during the transfer service.
   1. Luggage. Passengers are entitled to ONE SUITCASE and ONE piece of hand luggage each. Any excess luggage must be declared at the time of booking. UMBRELLA  TRAVEL reserves the right to charge for any excess luggage Extra charges may be made at Umbrella Travel absolute discretion and depending on the transfer supplier and the destination. Such extra charges must be paid before departure otherwise Umbrella Travel may refuse transport of the aforementioned items. Luggage must be clearly labeled with the owners name and destination address. It is understood that the passenger shall carry with him/her all their luggage and personal belongings, irrespective of their location within the vehicle where these are stowed, and that such luggage and personal belongings are carried at user’s own risk. Passengers are recommended to be present during handling, loading and unloading of luggage.
   1. Transfer Service: Umbrella Travel reserves the right  to refuse to carry any person who is thought to be under the influence of alcohol or illegal drugs and/or whose behavior is considered to pose a threat to the driver, the vehicle or the other passengers. Under these circumstances Umbrella Travel reserves the right to refuse any reimbursement and no alternative transfer service will be provided. Passengers are not allowed to consume alcohol on any of the vehicles. The one exception to this rule is when it has been agreed in writing by Umbrella Travel with passengers utilizing a Limousine. In such cases reasonable amounts of alcohol consumption during their transfer is allowed.   The passenger(s) shall be responsible for all damages vandalizing. 
   1. Liability: Umbrella Travel shall use reasonable endeavor to ensure that vehicles arrive on time to begin the period of hire and that they reach their destination on time. Vehicles are fully insured for passenger and third-party claims, as required under local laws. If Umbrella Travel were to fail for any reason within its control to deliver its passengers to their confirmed destination, Umbrella Travel will provide suitable transport such as another coach, private car, taxi etc. Any reimbursement made by Umbrella Travel for the costs of an alternative means of transport incurred by the passenger to reach their ticketed destination shall be no more than the cost of reaching that destination by taxi.
      1. Umbrella Travel shall have no liability for any delay or failure to carry the passenger or for breach of contract when caused by a circumstance beyond Umbrella Travel’s reasonable control. The following shall, without restriction, be considered to be circumstances beyond Umbrella Travel’s reasonable control: war or threat of war, accidents causing delays on the service route, exceptional severe weather conditions, fire and/or  damage at a station, compliance with requests from the police, customs or other government officials and security services, deaths and accidents on the road, vandalism and terrorism, unforeseen traffic delays, strike/industrial action, riot or local disturbance or unrest, problems caused by other consumers, bankruptcy, insolvency or cessation of trade of any carrier used by Umbrella Travel and other circumstances affecting passenger safety.
   1. Umbrella Travel’s maximum liability to Affiliate and/or passenger(s) for any reasonable and foreseeable loss, damage or liability which the passenger may suffer or incur as a result of Umbrella Travel’s failure, breach of contract, or the deliberate or negligent acts or omissions of any of Umbrella Travel’s employees, shall be limited to the booking price for the transfer booked.
3. PAYMENT AND RATES
   1. Once a booking has been booked and confirmed at the rates agent has accepted, there is no refund for any difference in rates due to exchange rate fluctuations. All rates are valid for the leisure market only. Umbrella Travel will not accept responsibility for any booking if it becomes known that an Affiliate is not travelling for leisure purposes. Hotels may refuse to honor Umbrella Travel special rate and charge rack rate to the Affiliates directly. In such case Customer Support Team of Umbrella Travel must be notified immediately within 12 hours.  Rates include applicable hotel taxes. Tourist/local/city taxes which generally include the use of local services may not be included. If city tax needs to be paid at the hotel, this info might be shown in Remarks and on the voucher by Affiliate.
4. CHARGEBACK & FRAUD
   1. Chargebacks can be procedural (issuer-initiated chargebacks) or substantive (cardholder-initiated chargebacks). Without prejudice to the right of the AFFILIATE to appeal a reported Chargeback with the acquiring bank, agent explicitly agrees to accept any such reported Reversed Payment, Penalties and/or other fees and expenses reported by Umbrella Travel (Estetik Turizm Organizasyon San. Ve Tic. Ltd. Sti), provided that   Estetik Turizm Organizasyon San. Ve Tic. Ltd. Sti  notifies agent of any such Chargeback, Penalty or other fee or expense.
   1. Upon notification of a Chargeback, Agent may initiate a challenge to the Chargeback by forwarding all Transaction information to   Estetik Turizm Organizasyon San. Ve Tic. Ltd. Sti  within permitted time period by email (e.g. signed order form to provide proof of the cardholder’s authorization of the transactions or acceptance of goods). Upon receipt,   Estetik Turizm Organizasyon San. Ve Tic. Ltd. Sti  will forward this information to the acquiring bank. The acquiring bank will make the final decision as to the validity of the Chargeback.
   1. In order to protect   Estetik Turizm Organizasyon San. Ve Tic. Ltd. Sti  against any form of fraud, unauthorized use of the Services or prohibited activities, including, but not limited to, violation of the Rules and misuse of an agent Account ID,  Estetik Turizm Organizasyon San. Ve Tic. Ltd. Sti  will have the right to immediately modify and/or suspend some or all of the provision of Services to agent by written notice.   Estetik Turizm Organizasyon San. Ve Tic. Ltd. Sti  shall use this right of modification and/or suspension of the Services in good faith, with restraint, and only when the following occurs:
5. Number of Chargebacks exceeds a limit as set forth in the Rules;
6.  Estetik Turizm Organizasyon San. Ve Tic. Ltd. Sti  reasonably suspects or has evidence that fraud is or may be occurring;
7. Umbrella Travel reasonably determines that the Agency is willfully dishonest, fraudulent and/or engages in misconduct with respect to its business or affairs;
8. The risk profile of Agency and/or its transactions change significantly;
9. An acquirer, card association, payment method supplier, governmental or supervisory authority requires or advises   Estetik Turizm Organizasyon San. Ve Tic. Ltd. Sti  to modify, suspend or terminate the Services;
10. A law, rule, banking regulation including, but not limited to, currency restriction from local and/or central banks mandates modification, suspension or termination of the Services.
11. IMPORTANT
    1. Our company name will appear as Umbrella Travel on the credit card statement of the credit card used to make the booking. If an Umbrella Travel Agent has used their Affiliates credit card to make the hotel booking then it is the responsibility of the Umbrella Travel Agent to inform their customer of this important information in order to avoid any misunderstandings and possible ‘’Chargeback’’ issues.
    1.  www.umbrellatravel.online reserve the right to correct any pricing or displayed errors and/or omissions. This includes errors and/or omissions which have been entered by an hotelier or local agent. In the event of a price error and/or omission, Umbrella Travel will offer you the choice of either keeping the booking at the correct rates, cancelling the booking or subject to availability we will offer for a suitable alternate hotel.
12. LOCAL MARKET RATES
    1. Not all of the hotel rates are displayed on the Umbrella Travel website are applicable for the local market. In addition some other markets may be affected and in such cases the hotel is within their rights to change the rates without prior notice.
    1. Affiliate agree that passenger’s nationality declaration is mandatory and must be determined by selecting Affiliate Nationality at the time of booking. This information must be in accordance with the passenger passport. False declaration of passenger nationality may cause consequences for which Umbrella Travel cannot be held liable. If Affiliate does not change Affiliate Nationality, Agency Nationality will be taken as passenger nationality by default. In case, any financial damage occurs due to false nationality declaration, it will be covered by the agency towards your customers or to Umbrella Travel in full.
13. PRICES
    1. The prices offered on Website are confidential and may not be disclosed.

Payment will be made in EUR or in the national currency applicable at that time with the exchange rate between EUR/new currency effective at the day of payment.

• Prices quoted on the Website are net prices (non-commissionable) including all indirect taxes (GST, ITBIS,VAT or other similar taxes) except any tourist/ stay tax, which will be payable by the consumer at the airport/hotel; therefore, the price paid by The AFFILIATE shall include all indirect. Taxes

• Prices quoted on the Website are directly generated by the system. The AFFILIATE shall be invoiced according to current prices at the time of online confirmation of booking and according to the handling fees, which depend on the destination where the booking is confirmed .. Both price and availability of the selected service may be subject to change before confirmation of the booking.
  •  Prices quoted on the Website are net rates (except for those previously agreed) depending on daily availability, and as such may be subject to variations(including but not limited) for the following reasons:
• Due to foreign currency fluctuations with regard to the exchange rate applied to confirmed bookings. In this case, the exchange fluctuation shall only affect the price when the variation in the rate of exchange exceeds 3%.
• Accommodation establishments. In the event of Trade Fairs, special events or new special conditions of the establishment.

• Block booking of accommodation bookings for future sales is forbidden under any circumstances or at any time. Umbrella Travel reserves the right to cancel any bookings made for this purpose without liability.

As well, the Affiliate must not to use Umbrella Travel’s prices appeared on the Website to contact Umbrella Travel’s suppliers disclosing such prices for the purpose of negotiating new rates and/or any other meaning, in this event, Affiliate shall indemnify Umbrella Travel and Umbrella Travel will notify the supplier the illicit use of the rates by Affiliate.

• The Price IncludesAll services, products and fees agreed upon via the website www.umbrellatravel.online

Hotels and other accommodation establishments: Service as specified in the booking confirmation, with the exception of those accommodation establishments in which the inclusion of other services is specifically indicated. In most hotels the earliest check-in time is after 14:00 hours, and the latest check-out time on date of departure is 12:00 hours.

Transfers and excursions: In most cities, these are held not as a complementary and/or additional service to accommodation, but as an independent service.

Car rental: Service as specified in special Terms and Conditions to be applied.

• The Affiliate shall be liable for their consumer’s reconfirmation of flights directly with airline and/or other services and for advance notice to receiving agents at destination of any changes in flights and/or flight times in the event that there has been a modification of the reserved flight(s).
  • The Affiliate shall be liable for ensuring that the flights and times given to Umbrella Travel are correct, and where other services are required, these shall be organised based on the data provided by the Affiliate.

• The Price Does Not IncludeAny service not specified in the booking confirmation.

Accommodation services: any extra services are not included such as telephone calls, insurance, laundry service, minibar, parking, etc. which shall be paid directly by the consumer.

• MEANS OF PAYMENT
  • All Travel Services must be paid by Affiliate to Umbrella Travel at least 7 days before customer’s arrival, unless an alternative financial arrangement is agreed. Umbrella Travel shall provide the payment and bank account details to the Affiliate by email once the first booking is made. In the event that the period of time between booking and consumer arrival is less than 7 days, payment shall be verified immediately at the time of booking.
  • The booking request will not be confirmed by Umbrella Travel and the transaction is not considered completed until Affiliate has paid in time the full price of the Travel Services, irrespective of whether the consumer, intermediary or the remaining interested parts, have paid the referred price to Affiliate. Therefore, Umbrella Travel will confirm the booking once the full price is paid by Affiliate. Invoices must be paid in full. No deductions by Affiliate are allowed. Any disagreement regarding the invoice must be communicated in detailed form to Umbrella Travel within 20 days as of issue thereof. Any disagreements communicated subsequently shall not be considered.
  • Payments shall be made in the currency appearing on the invoice, in any of the following ways:

Bank transfer to Umbrella Travel company group at the relevant destination. SWIFT confirmation shall be sent by fax to the receiving office in which the booking was made. Affiliate shall be responsible for ensuring that such confirmation is received by Umbrella Travels with the required notice.

• In the event that payment for the booking is not received by the date and method agreed or that there is a failure to fulfill all requirements, Umbrella Travel may automatically cancel the bookings with no right on the part of Affiliate and/or the consumer to claim any service provision or amount whatsoever from Umbrella Travel on account of such an annulment.
  • Umbrella Travel shall receive the net payment timely and the Affiliate hereby assumes any cost or expenses that may arise for the late payment. Therefore, any deficiency in payment arising from bank charges or as a result of currency conversion shall be paid by the Affiliate.
  •  Umbrella Travel shall be entitled to claim for and receive payment of any expenses which have been incurred by Umbrella Travel, in addition to full settlement with interest of 5% per anum, for any unpaid amount with respect to the services provided except in the case of disputed charges. Umbrella Travel hereby acknowledges that it is responsible for the security of cardholder data that Umbrella Travel possesses or otherwise stores, processes, or transmits on behalf of the customer, or to the extent they could impact the security of the customer’s cardholder data environment.

• RESORT AND INTERNATIONAL TRANSACTION FEES

The majority of credit card providers charge an International Transaction fee. This can be as much as 3% although Capital One not only doesn’t impose its own fee, but it also eats the 1% fee that Visa or MasterCard impose. This fee is passed on by certain credit card providers because the charge for your booking has been processed outside of the country that you reside in. Please note that the charge has not been passed on by Umbrella Travel and that  cannot be held responsible for any international transaction charges passed on by your or your Affiliate’s credit card issuer.

Some hotels, particularly in the USA do charge a resort fee which must be paid to the hotel directly. This is typically $10 to $20 a room a night. www.umbrellatravel.online is not responsible for resort fee charges and have no control over their implementation.

• ADDITIONAL CHARGES MADE BY THE HOTEL
  • Umbrella Travel has no control over any extra charges that a hotel may decide to their implement for guest room incidentals such as air conditioning, safe, mini fridge, hire of television remote etc… Any such charges must be paid direct to the hotel and Umbrella Travel cannot be responsible for any incidental charges passed on by the hotel. Likewise, Umbrella Travel has no control over any fees that a hotel may pass on for luggage storage, Sauna, spa and swimming pool use, car parking fees etc. During the festive season, essentially Christmas and the New Year, there are hotels which impose a compulsory gala and guests must pay any supplement for the gala dinner. Our company is not always informed about Gala dinner supplements and Umbrella Travel cannot be held responsible for any gala supplements passed on by the hotel.

• CANCELLATION AND AMENDMENT
  • We prefer that all cancellations and amendments are will be made on the Umbrella Travel Online website. Alternatively, you can contact the Umbrella Travel Customer Support Team via e-mail or fax before the cancellation deadline for that specific booking/hotel. We do not accept cancellations or amendments over the telephone, Skype, Whatsapp, Viber or any other type of Social Media or Communication Application and for cancellation of this type Umbrella Travel wii not be responsible. Umbrella Travel will not be bound by nor responsible for any changes and cancellations made directly with the hotel. All request for cancellations that are not made in proper time frame are subject to cancellation fee determined by Umbrella Travel.
  • It is important to note that only one amendment per booking will be accepted. If you require further amendments, please cancel and re-book with new details. When You re-book, new rates may be applicable.
  • During special event periods, certain dates and early bird type bookings, the hotel may pass on a different cancellation policy of which you will be informed as soon as Umbrella Travel are notified
  • In certain cases, name changes are not permitted and the booking may need to be canceled and re-booked. In this case new rates may apply.
  • Any booking which offers free nights or early booking savings are liable to certain restrictions which we will inform you about as soon as Umbrella Travel are notified. Generally these restrictions are; No name changes and no extension or reduction of nights. If you have booked a stay that includes 1 night free and your Affiliate decides to cancel- The free night will not be refunded because this is free.
  • Please note that nightly room rates might increase after a confirmed amendment even if you decrease the number of nights. This might be either due to changes in currency exchange rates or promotions on the original booking date.
  • If amendments are permitted, the following Amendment conditions may apply. Changes to arrival/departure date, room type or name change or where special offers were applied at the time of the booking may result in the item re-pricing.

• SPECIAL EVENTS PERIOD
  • During Special Event Periods, Providers may pass on a different cancellation policy of which Affiliate will be informed as soon as Umbrella Travel is notified. Also, Provider(s) may not honor Umbrella Travel usual reduced rates, which means that the price Customer pays may be higher than the hotel’s published rate. This can happen at any time when availability is scarce. During special event periods, certain dates and early bird type bookings, the hotel may pass on a different cancellation policy of which you will be informed as soon as Umbrella Travel  are notified.

• RELOCATION OF YOUR AFFILIATES ‘’BOOKOUT’’
  • If the original hotel booked is closed, over booked or has maintenance problems and /or cannot provide the room(s) booked. You accept that the hotelier or supplier is responsible for finding you alternate accommodation of a similar standard where we have prior notice  Umbrella Travel will contact you by e-mail.
  • In case of any relocation, Umbrella Travel is responsible only to offer one alternate hotel. More than one alternate hotel will be optional. Umbrella Travel constantly tries to find hotels in the desired area but this situation can change according to the consistency of the city (big events, conferences, festivals can sometimes take place in the city.)
  • Umbrella Travel accepts no liability for any losses or costs that might occur as a result of re-location as this is completely beyond our control.

• ON REQUEST RESERVATIONS
  • The hotels with “REQUEST” button and bookings with On Request Processing status means that the hotel does not have any available allotment, however Umbrella Travel will contact the hotel to request extra space. Kindly be informed that in very rare occasions, the availability at the hotel might change until the time you complete your booking and the final status might turn to On Request Processing. In these cases, please do not attempt to book the same hotel again. You will be informed within 48 hours if your booking has been confirmed or rejected. If the hotel could be confirmed at a different rate, you will be advised. Please bear in mind that the confirmation may not be guaranteed and the hotels have the right to reject ON REQUEST bookings. If your accommodation request is urgent, it is suggested that you select a hotel with Instant confirmation. Depending upon when a new search is made on Umbrella Travel ONLINE, you may see the same hotel appearing again. This is because space may have become available although at different rates from when the initial request was made.

• HOTEL INFORMATION AND FACILITIES
  • Hotel information: While www.umbrellatravel.online strives to present hotel information as accurately as possible, we are not responsible for the accuracy of this information or for any facilities that may or may not be available at the hotel during your Affiliate’s stay or not suited to your Affiliate’s individual tastes and preferences.
  • Redecoration/ renovations and maintenance are necessary to the upkeep of the hotel and may take place without prior warning, however the hotelier/ provider will endeavour to keep inconvenience to a minimum. The effects of normal wear and tear can be expected in a hotel and these are beyond Umbrella Travel control. www.umbrellatravel.online cannot accept responsibility for any disturbance or inconvenience to your Affiliate beyond the hoteliers control nor for accidents or loss in a hotel caused by hotel management or staff.
  • Hotel and guest room photographs are provided to give a general overview of the hotel. Guest room photographs may be of a different category to the one you book and not identical to the room your Client/Guest (s) are allocated at the hotel.
  • All of the hotels on the www.umbrellatravel.online website require one of the guests to be at least 18 years old. In some states of America there are higher age limits. If you have booked a hotel in the Unites States and the travelers are under 25 years of age please contact the hotel directly for clarification.
  • In some countries the legal adult age may differ depending on the relevant local legislation. It will be the sole responsibility of the consumer to ensure that he/she is at least of legal age in order to check in to the accommodation establishment.

• COMPLAINTS
  • Any complaint which cannot be resolved at the hotel must be notified to us by logging into your Umbrella Travel Online Profile and sending the message to Umbrella Travel’. All complaints must be notified to us within 20 days of the check-out date.
  • A copy of the complaint must be also be submitted to and signed by the hotel manager. Complaints relating to hotel services will be forwarded by Umbrella Travel to the relevant party.
  • Response times do vary from between 5-20 working days depending upon the nature of the query in question.

• PROMOTIONS AND PROMOTIONAL RATES
  • Promotions are offered in good faith only. Some promotions are more popular than others in which case the rooms featured will be sold out much quicker. www.umbrellatravel.online reserves the right to modify or change any promotion or offer at any time without notice. Please make a search for your requested dates for the most current rates.

• CLAIMS & LIABILITY, DISCLAIMER
  • AFFİLİATE´S LIABILITY
    • The Affiliate shall be liable for the behaviour of its consumers in the event of abnormal behaviour, vandalism or misconduct. In this case, Umbrella Travel and/or the service supplier reserve the right to automatically cancel consumer stay or bookings with no right of the consumer to any compensation whatsoever.
    • Any incidents which may be resolved during the stay of the consumer at the accommodation establishment shall be directly resolved by the Affiliate.
    • The Affiliate (whether or not this Agreement has been terminated) shall at all times save harmless and keep fully indemnified Umbrella Travel from and against any actions, claims, proceedings, losses, costs, expenses and demands (including costs and expenses in defending such matters and its proper compromise) arising directly or indirectly out of or incidental to or in connection with any breach by or on behalf of the Affiliate or any of its servants, agents or contractors of any of the provisions of this Agreement.
    • Notwithstanding the above Umbrella Travel’s entire liability under this Agreement, whether in contract, tort (including breach of statutory duty), or otherwise shall not exceed the sums paid by Affiliate to Umbrella Travel for the specific services in question.
    • Neither party shall be liable for any indirect, special or consequential loss, including economic loss, which term shall include, but not be limited to, loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings.

• LIABILITYUmbrella Travel acts as the Affiliate’s agent and as an independent intermediary in the contracting of accommodation and other services, and thus shall not be held liable for death, injury, illness, damage, loss, accident, theft, delays or any other irregularity which may arise, whether directly or indirectly, from the supply of services by the hotel or other suppliers and which have been contracted via Umbrella Travel. Umbrella Travel shall use reasonable endeavour to ensure the suppliers accept liability and indemnify from and against any claims of the Affiliate ´s guests arising from the provision of the services. Therefore the Affiliate hereby commits to file any claim for the services directly with the service provider. The Affiliate also acknowledges that Umbrella Travel has no control over the provision of the services rendered by the service supplier or provider.Umbrella Travel shall not deal with any claims that have not been presented by the consumer during the period of stay by the consumer at the accommodation establishment.Umbrella Travel shall not be able to negotiate any claim with the supplier that is presented after the consumer´s departure date from the establishment in question.

• DISCLAIMERThe information on this site is posted in good faith but Umbrella Travel cannot guarantee that it is completely free from inaccuracies and typographical errors and does not accept liability for any error or omission on this Website. Information on the various services is as accurate as possible given that the information is provided by the service supplier or provider. Obvious errors and mistakes (including misprints, typographical errors and errors in calculating currency conversion, errors in pricing in general, etc.) are not binding. In the event of an error or mistake being made, Umbrella Travel or the supplier reserves the right to cancel any booking and refund monies paid by the Affiliate to Umbrella Travel in relation to such booking (if applicable), this will be without any liability to the Affiliate and or the user.Except as otherwise expressly provided in this Agreement, neither Party makes any representation or warranty, express or implied, in connection with the subject matter of this Agreement and hereby disclaims any and all implied warranties, including all implied warranties of merchantability or fitness for a particular purpose regarding such subject matter.The Website contains links to other websites. Except where they belong to Umbrella Travel, such other websites are not under the control of Umbrella Travel or maintained by Umbrella Travel and Umbrella Travel is not responsible for the content of such websites.In no event shall Umbrella Travel be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, the use of the Website or any information contained in it or the inability to access to, including loss of profit and the like.Service suppliers on this site are independent businesses and are not agents or employees of Umbrella Travel  or its Affiliates. These independent businesses provide the services in accordance with their own Terms and Conditions which may limit or exclude their liability to the Affiliate or the consumer.Umbrella Travel and its Affiliates are not liable for any acts, omissions, breaches or negligence of any such independent businesses or any damages or expenses resulting from the aforesaid. Umbrella Travel and its Affiliates are not liable for any refunds in the event of overbooking or force majeure or any other cause beyond their control.To the maximum extent permitted by law, Umbrella Travel disclaims all implied warranties with regard to the information, services and materials contained on the Website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.

• CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
  • CONFIDENTIAL INFORMATION

• Parties understand and agree that in the performance of this Agreement, each Party may have access to or may be exposed to, directly or indirectly, confidential information of the other party
  • “Confidential Information” shall be deemed as any information or data, whether or not it has been drawn up in hard or soft copy or in any other form that is already in use or that could be invented in the future, which Umbrella Travel notifies or provides to the Affiliate or that the latter may have access to with or without the knowledge and/or express consent of Umbrella Travel. Therefore, Confidential Information shall be deemed as the following and will include, but not be limited to: any data bases and prototypes created from the documents provided, proprietary management software, computer system passwords, information on users, telephone numbers, fax numbers, email addresses, addresses of offices, agencies, departments and headquarters, computer programs, copies, routines, sources, functional and organisational analysis, know-how, formulae, processes, ideas, inventions (whether patentable or not), financial data and development plans, strategies, the contents of any bids that may be made and any other supporting documents, data or material belonging to Umbrella Travel or available in the Website that the Affiliate may have access to.
  • Notwithstanding the provisions of this clause, Umbrella Travel and the Affiliate agree that the obligation of confidentiality shall not apply in the following cases:
• in the case of information that is in the public domain or once supplied, the information becomes public knowledge, as long as it does not result from a breach of this clause;
• any information that has been disclosed by a third party and is not to be considered confidential, provided that the third party was authorized to disclose that information; or
• when the disclosure is required by law, by order of a Court or Tribunal of a relevant jurisdiction or administrative mandate.

In the event referred to in paragraph (c) above, the content of the disclosure will be limited to what is

necessary to comply with the legal or administrative requirements, but not exempt from the duty to comply with the confidentiality obligation on disclosing the information to third parties, nor does such information come into the public domain for the purposes of the provisions of paragraph (a).

Additionally, it is mandatory to notify the other party of such a request, prior to releasing confidential information, committing to do everything possible to ensure that confidential treatment of the information is given.

• NON-DISCLOSURETotal or partial disclosure of any of the Confidential Information to which the Affiliate may have access by means of contracting and performance of its services to third party individuals or companies shall be expressly prohibited.The Affiliate guarantees that its employees, consumers, suppliers, sub-contractors and any other parties related to the agreements between Umbrella Travel and the Affiliate fulfil the confidentiality commitments contained in this document. The requisite measures must be adopted for said fulfilment of the confidentiality commitment and the Affiliate shall be responsible for any claims or damages caused by the non-fulfilment of this obligation.The Affiliate undertakes to fulfil these confidentiality commitments from the date that this agreement is signed and to continue to do so whether the relationship between the parties is in force or not.Should the Affiliate or any of its employees, agents, suppliers or representatives conceive any invention, innovation, discovery, computer program, process, technique or the like, as a result of observing or having access to the Confidential Information, the Affiliate agrees to assign or to have assigned, said invention, innovation, discovery, computer program, technique or the like, to Umbrella Travel.

• BREACH OF CONFIDENTIALITY CLAUSESApart from that stated in the personal data protection clause, and the obligation to compensate any specific losses or damages caused, as a result of the infringement by the Affiliate of the confidentiality obligations stated, the latter shall also pay to UMBRELLA TRAVEL an amount of ten thousand dollars ($10,000.00).

• ACCESS TO PERSONAL DATA
  • If Umbrella Travel needs access to personal data which is strictly necessary to provide the services requested by the consumer, Umbrella Travel and the Affiliate shall ensure this is legally possible pursuant to the European Directives 95/46, 2002/58, and/or any legislation that develops, adds to and, when appropriate, replaces them (hereinafter referred to by its initials PDPR –personal data protection regulation).
  • The Affiliate hereby warrants that it has all the necessary consents and authorization from the data subject for the transfer of such personal data to Umbrella Travel and authorizes Umbrella Travel to proceed with all the subsequent transfers of data in order to complete the request and booking of the Travel Services including claim and incidents management by third parties.

The personal information that Umbrella Travel  may collect from the service supplier, as well as any personal data which, in the use of this system, the Affiliate may disclose to Umbrella Travel shall be understood as obtained, treated and transmitted with strict observation of and in total compliance with the requirements set forth by PDPR. The Affiliate agrees to provide accurate data and updated it if necessary in such a way as to give a true picture of the current situation of the consumer.

In fulfilment of that stated in the PDPR, the Affiliate and Umbrella Travel undertake to observe professional secrecy regarding such data, even when their relationship has terminated and to ensure that the staff performing the services abide by the aforementioned obligation.

Umbrella Travel and the Affiliate warrant that they have installed the technical and operational security measures that guarantee the security of personal data and prevent its alteration, loss, mishandling and/or unauthorised access thereto, bearing in mind the status of technology, the nature of stored data and the risks to which it is exposed.

• The Affiliate hereby authorizes Umbrella Travel to disclose consumer’s information to third parties for purposes of completing the consumer’s booking, associated administration and claim and incident management. Any data thus collected on the Website may be transmitted, according to personal data protection regulation, to those entities that must be involved in order to contract the requested Travel Services and claim/incidents management.
  • Umbrella Travel  will not pass any information on to any person not directly responsible for travel

arrangements or claim and incidents management linked to the services requested.

• PUBLIC ANNOUNCEMENTS OR EXTERNAL COMMUNICATION
  • The Affiliate shall consult with Umbrella Travel with respect to the contents of any communication or marketing material it proposes to have with the media or any external party related to Umbrella Travel or its relationship with them, and any announcement or statement it intends to release to the press by providing Umbrella Travel with a draft thereof. The Affiliate shall not release any communication, marketing material or press release unless and until it first obtains Umbrella Travel’s consent in writing. The Affiliate shall be directly and personally liable for any damage or loss caused to Umbrella Travel by breach of this clause.

• OWNERSHIP AND OTHER RIGHTS
  • OWNERSHIP
    • The Affiliate acknowledges and agrees that any element and intellectual property rights pertaining thereto (including without limitation all commercial names, trade names, copyrights, logos, patents, trademarks, service marks and trade secrets) in the Website (including without limitation its Terms and Conditions  rules, policies and operating procedures, and Umbrella Travel’s Confidential Information -as defined above-), received or acceded are the exclusive property of Umbrella Travel or its suppliers.
    • The Affiliate acknowledges and agrees that, except hereby stated, they shall not acquire any right or interest in the information or data acceded and that Umbrella Travel shall remain the sole owner of the information or data including, but not limited to, all patent, copyright, trademark, trade secret, trade name, contract, industrial design, and other property rights pertaining thereto, anywhere in the world.
    • All trademarks, copyright, logos, database rights and other intellectual property rights in the materials on the Website (as well as the organization and layout of the Website) together with the underlying software code are owned by Umbrella Travel or its suppliers. The Affiliate and any user may not use, copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on the Website or belonging to Umbrella Travel or the underlying software code whether in whole or in part without Umbrella Travel prior written consent.
    • In the event that there is any misuse of any Intellectual Property owned by Umbrella Travel (including without limitation all trademarks, service marks, logos, commercial names, etc.) without Umbrella Travel’s consent or license; all bookings and sales will be stopped, and Umbrella Travel reserves the right to take any legal action to protect its legitimate interests.
    • The Affiliate shall not use, exploit or otherwise employ, directly or indirectly, any Third Party Platforms, to seek to avoid or circumvent its covenants, obligations or restrictions under this Agreement or those restrictions or covenants of which the Affiliate could reasonably expect that any such actions fall under the scope of this Agreement.
    • The Affiliate shall not exploit or use the Content for any purpose or in any manner and/or on or through Third Party Platforms except as expressly provided for in this Agreement.
  • AUDİT RİGHT
    • If Umbrella Travel  in good faith has reason to believe that the Affiliate  has breached its obligation in respect of this agreement, Umbrella Travel may audit such systems, records and books(of account) of the Affiliate for the purpose of verification, review and investigation (as applicable) of the obligation of the Affiliate under this Agreement, in accordance with the following:
• Umbrella Travel shall promptly appoint an independent certified auditor (the Auditor) reasonably acceptable to both Parties, who will be permitted to conduct, an audit in respect of relevant covenant undertaking warrant or obligation under this Agreement.
• Affiliate shall provide the Auditor with all such information, data, co-operation, assistance and access to books and records of account, document, files and papers and information stored electronically as the auditor may reasonably request for the purpose of completing the scope of his/her assignment in a timely manner.
• The Auditor will provide both Parties with a copy of his/her report, which report shall provide for the result and finding of the audit.
• Audits will be conducted on business days during regular business hours.

• CONTENTSUmbrella Travel grants to the Affiliate, under these Terms and Conditions, a non-exclusive, royalty-free, nontransferable license to see and use all the elements provided and/or included in the accommodation and  other services contents (including but not limited to texts, photographs, descriptions, maps…) available in the Website (the “Contents”). The duration of this license shall be equal to the duration of the commercial agreement between both parties. License may be revoked by Umbrella Travel at any time giving one month’s prior notice.The Affiliate shall be entitled to use the Contents provided under this license only in connection with the web sites run through Umbrella Travel system and only for the purpose of sale of the Travel Services provided by Umbrella Travel or its subsidiaries or Affiliates. The Contents cannot be used to promote the same Travel Service but from another travel intermediary.The Affiliate (whether or not this Agreement has been terminated) shall at all times save harmless and keep fully indemnified Umbrella Travel from and against any actions, claims, proceedings, losses, costs, expenses and demands (including costs and expenses in defending such matters and its proper compromise) arising directly or indirectly out of or incidental to or in connection with any breach by or on behalf of the Affiliate or any of its servants, agents or contractors of any of the provisions of this clause.Umbrella Travel shall not be held liable for inaccuracies or errors in the accommodation contents or any of its elements.The Affiliate acknowledges and agrees that the sole disclosure of or access to the information or data available in the Website does not constitute an offer by Umbrella Travel for the sale, license or other transfer of such elements.
  • Partial İnvalidity
    • If any provision of this Agreement is or becomes invalid or non-binding, the Parties shall remain bound by all other provision hereof. In that event, the Parties shall replace the invalid or non-binding provision by provision that are valid and binding and that have, to the greatest extend possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

The Affiliate acknowledges that Umbrella Travel and/or its licensors shall retain ownership of all rights, title and interest in and to all Intellectual Property Rights of www.umbrellatravel.online or embodied in the www.umbrellatravel.online Website, including (but not exclusively) the www.umbrellatravel.online logo and the Content.

• CHANGES TO THE WEBSITEUmbrella Travel may make improvements or changes to the information, elements, data, services, and other materials on the Website, or terminate the Website, at any time without notice.Umbrella Travel may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on the Website. Accordingly, the continued access or use of the Website by the Affiliate is deemed to be their acceptance of the modified Terms and Conditions.Umbrella Travel may suspend access to the program because of maintenance works, net security reasons or force majeure, with no obligation to reimburse or compensate the Affiliate for the time for which access has been suspended.

• INDEPENDENT CONTRACTOR
  • Umbrella Travel and the Affiliate are independent contractors. There is no relationship of partnership, joint venture, employment or franchise between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the parties’ prior written consent.

• NOTICES
  • All communications and notices made under this Agreement by the Parties must be in writing, at the address established herein, by personal delivery with confirmation of receipt by the other Party, notarial service, burofax, mail or electronic mail, or by any other means, as long as there is at all times evidence of receipt by the address.
  • Any notice or communication to be provided to the Affiliate under this Agreement shall be sent to the email address as provided by the Affiliate. Notices are deemed delivered and received upon successful facsimile transmission or one business day after the date of delivery by a recognized overnight air courier.

• ASSIGNMENT
  • Umbrella Travel  reserves the right to assign in total or in part the obligations or rights of these Terms and Conditions to any subsidiary, Affiliate or holding company or any subsidiary of its holding company.
  • The Affiliate shall not assign any obligation or right of these Terms and Conditions, or any other agreement which binds them, to any third party, unless prior express consent has been granted by Umbrella Travel.
  • ANTI-BRIBERY, TRADE RESTRICTIONS AND BUSINESS ETHICS UMBRELLA TRAVEL takes a zero tolerance approach to breaches of international norms for trade, including bribery and corruption prevention legislation and applicable restrictions on trade, funds flow and terrorism financing. The Affiliate warrants that they do and shall comply with, and their Associated Parties do and shall comply with all national, supranational and international legislation and related procedures, restrictions and sanctions regarding bribery, corruption, corporate crime, international trade, fund flows and terrorism financing to which the Affiliate and/or Umbrella Travel may be subject from time to time. The Affiliate shall provide supporting evidence of such compliance as Umbrella Travel shall reasonably request.
  • Violation of this paragraph by the Affiliate shall be a Material Breach of this Agreement and may result in the immediate termination of the contract and/or legal action.
  • The Affiliate warrants that to the best of its knowledge, neither it nor its Associated Parties have been convicted of, or have been or are subject of any investigation by any governmental, administrative or regulatory body regarding offence involving bribery or corruption regarding, fraud or dishonesty.
  •  The Affiliate represents, warrants and undertakes that it does and will comply in all respects with all applicable Sanctions that it or Umbrella Travel are subject for the purposes of this clause:
    • “Associated Parties” means a person (including an officer, employee, shareholder, representative, agent, contractor, subcontractor or subsidiary) or other third parties connected to a Party by virtue of actions undertaken in fulfillment of obligations in this Agreement.
    • “Sanctions” means any laws, regulations, orders or licenses relating to economic or financial sanctions or trade embargoes or related restrictive measures imposed, administered or enforced from time to time by any authority.

• LAW AND JURISDICTION
  • These Terms and Conditions and any non-contractual obligations arising out of or in connection with it will be governed by Turkish Law.
  • Each party agrees that the courts of the country of domicile of the defendant of the relevant action have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and Conditions (including in relation to any non-contractual obligations), provided that any counterclaims shall be ignored in deciding who is the defendant. Where there are separate but related actions the courts with jurisdiction shall be determined depending on the first of such actions to be issued.
  • Each party irrevocably waives any right that it may have to object to an action being brought in such courts, to claim that the action has been brought in an inconvenient forum, or to claim that such courts do not have jurisdiction.