Contract Terms and Conditions
1) This Contract is prepared by Şemsiye Organizasyon (Umbrella Organization) for service buyer for supply of materials and service specified hereunder and comes into effect upon approval hereof with will statement.
2) The prices do not include VAT.
3) Upon your approval of the contract, Şemsiye Organizasyon (Umbrella Organization) shall allocate the assigned date and time for you and shall not take any other reservation for an activity selected for the selected date and time. For that reason, even in case of change in activity date within a period less than 30 days to activity or in case of termination of activity for any reasons whatsoever including natural disasters, fire, earthquake and severe weather conditions, no Reservation Deposit shall be returned. In case of termination of activity in a period more than 30 days before activity, the contract shall be terminated and charged reservation deposit shall be returned to service buyer. Reservation Deposit shall be paid during signature of the contract and be calculated based on Activity Package covered under the contract. The Client hereby agrees and commits to pay whole price specified for the Activity Package covered hereunder on Activity Date or Remaining amount of Payment Date (if specified). Client agrees that the Umbrella Organization shall not perform the Activity if remaining amount is not paid until said date and that it shall not be liable to return the Reservation Deposit paid by client.
4) In case the activities are fully forbidden by the governmental authorities, the activity shall be terminated and the collected Reservation Deposit shall be returned to service buyer and this contract shall be terminated.
In case of severe disease or death of Degree 1 close relative family member of service giver or service buyer, the program may be postponed after finding out available dates of all company or persons to give service such as service buyer, decoration, organization, photographers, musicians etc but the activity can not be terminated. If it is desired to terminate, then Reservation Deposit shall not be returned.
6) Service buyer shall be liable to be present at the date and time assigned for the activity. In case service buyer is late, service provider shall not be liable for any problems that might arise therefrom.
7) Service provider shall be liable to perform the activity at the assigned time and date fully and on time.
8) all photos taken during activity shall be delivered in digital form. There can be light, color differences between sample photos and taken photos due to weather and environmental conditions. Light, color, effect adjustments, cleaning of stains on skins shall be made in the photos selected in the number under the frame of package by the service buyer and delivered in digital form by service provider in 1 week from photo selection date. For the packages with video shooting, the videos recorded during activity shall be added the music selected by service buyer and prepared and delivered in digital form in clip form in 1 month at the latest. Photos produced by the photographer, negative films or outputs shall have international copyrights protection (all rights reserved) and photographer reserves all copyrights for all photos and visuals.
9) Although the utmost care shall be displayed for taking photos of all important and special moments during the activity, the Photographer can not give an unconditional guarantee in this respect. The Photographer shall not be held responsible for photos that are distorted by flash lights from guests’ devices (or other devices) or any other reason that occurs within or outside the Photographer’s control.
10) Solely for the programs to be conducted when the hot air balloons fly at sunrise, balloon flights may be canceled in case of adverse weather conditions (rain, snow, fog, storm etc.). Cancellation of balloon flights does not mean that the organization will be canceled or postponed to another date. If the weather conditions are suitable for the organization, the program shall be held on the said assigned day and time. In case of adverse weather conditions, the program can be held on the same day and at another time when the weather conditions are suitable for all companies or persons such as decor organizers, photographers and musicians. Sunrise organizations are held in balloon view areas. As balloons move with direction given by the wind, balloons in the landscape can move very close or far from the shooting area, so there will be difference between the balloons in the landscape and the photos sampled.
11) Digital negatives will be kept in the archive of the service provider for 2 months; the service provider shall not be responsible for the digitals not received within this period.
12) If any provision of this agreement is deemed invalid or unenforceable under the law, the validity of this contract as entire contract shall not be affected and the other provisions hereof shall remain valid and effective.
Any disputes arising out of or in connection with this contract shall ultimately be resolved in accordance with the Arbitration Rules of the International Chamber of Commerce by one or more arbitrators to be appointed pursuant to such Rules. It shall be resolved through arbitration by an authorized Arbitrator from judicial authorities located close to the service provider’s office. An arbitration award may be issued for decisions taken by a competent court in this regard. In case the dispute amount is less than 200 TRY, the parties may refuse to apply to arbitration regardless of the above provisions. In any circumstances, the arbitration fee initiated pursuant to this provision may not exceed the contractual price for the said dispute.
14) This contract shall be valid under the above articles upon written will statement of the parties hereof.