Terms and Conditions

Introduction

Istanbul Tourist Pass® is a brand of Cityberry® Tourism Agency ("Cityberry"), a TURSAB-registered member (License Number: 11745). Purchase of the Istanbul Tourist Pass® and any associated services constitutes acceptance of the terms and conditions established by Cityberry®.

General Terms

The terms and conditions apply to the entirety of the website and the mobile app, and any email or other type of communication between the Customer and Istanbul Tourist Pass®. Under no circumstances shall Istanbul Tourist Pass® be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site.

Definitions and key terms

In this Terms & Conditions, the following definitions and key terms, when used, are strictly defined as:

• Agreement: Acceptance of to be fully bound by these Terms and Conditions upon accessing or using the Service.
• Attractions: Any attractions, events, shows, guided tours, tours, audio guides, services, add-on services, discounted products, cards, passes, items, and such gathered in the Attractions section of the official website.
• Cancellation Period: The specific timeframe and conditions under which a booking or order can be canceled.
• Cookie: A small piece of data created by a website and stored on your web browser. Cookies are used to recognize your browser, collect analytics, and store information such as your language preferences or login credentials.
• Company: When in the Terms and Conditions referred to “Company,” “Istanbul Tourist Pass®,” “we,” “us,” or “our,” “the Pass” it means Cityberry® Travel Technologies, (Ergenekon, Fransız Hastanesi Sokağı Kaya Apt No:1 Daire: 11, 34373 Şişli/İstanbul), which is responsible for your information under this policy.
• Country: The jurisdiction where Istanbul Tourist Pass® or its owners/founders are based, which in this case is Turkey.
• Customer: Refers to the individual, organization, or entity that registers to use the Istanbul Tourist Pass® Service to manage experiences or interactions with end users who can be referred to as "Pass holder", '"guest", "you", or "client".
• Credit Points: Each Istanbul Tourist Pass® is subject to a number of credit points depending on each day-option. The credit points are redeemed when the pass is used for each access or entry to any activity, and the total number of points is reduced by the defined number of points for each attraction attended. The number of points for each attraction or activity is subject to change, and the pass holder will be entitled to redeem the points for each activity against the pass credits assigned on the pass activation date.
• Device: Any internet-connected device, including but not limited to a smartphone, tablet, or computer, that can be used to access and utilize Istanbul Tourist Pass® services.
• IP Address: A unique number assigned to every device that connects to the Internet. IP addresses are typically allocated in geographic blocks and can be used to identify the location of a device’s connection to the Internet.
• Personnel: Refers to individuals employed by Istanbul Tourist Pass® or contracted to perform services on behalf of the company, provider, or associated parties.
• Personal Data: Any information that identifies or can be used, alone or with other data, to identify a natural person, including identifiers like name or identification number.
• Provider or Supplier: Refers to third-party service providers, attraction hosts, and other entities that provide products/services.
• Service: The service provided by Istanbul Tourist Pass® as described in these terms and on our website.
• Website: The official website of Istanbul Tourist Pass®, accessible via this URL: https://istanbultouristpass.com.

Responsibilities of Istanbul Tourist Pass®

1. Istanbul Tourist Pass® acts solely as a ticket distributor and is not the organizer or "Provider" of events and attractions as defined by the Consumer Protection Law.
2. When you buy an Istanbul Tourist Pass®, Cityberry® provides the Platform, but not the attractions and third-party services delivered by the Providers (hereafter referred to as "Attraction") included in the Istanbul Tourist Pass®.
3. Istanbul Tourist Pass® bears responsibility solely for sales and ticket distribution.
4. Istanbul Tourist Pass® cannot be held liable for any loss or damages related to the event/attraction/show/service provider (hereafter referred to as "Provider").
5. By making a booking for an Attraction on our Platform, you agree to a direct contract with the Provider. The Provider is the party providing the Attraction and is solely responsible for delivering it.
6. Tickets and bookings, whether physical or electronic, are non-transferable and cannot be resold.
   Istanbul Tourist Pass® is not responsible for lost or damaged tickets.

Attractions & Services

1. Terms & Conditions of each Attraction may vary and are determined by the Provider.
2. Istanbul Tourist Pass® customers are bound by the terms & conditions of Attractions available on each Attraction's webpage at the time when utilizing their Istanbul Tourist Pass®.
3. Operating hours of each Attraction may vary, and users are advised to verify directly with the relevant Provider.
4. Istanbul Tourist Pass® reserves the right to remove events, attractions, or shows from its services. In such cases, no refunds will be issued.
5. Customers are entitled to a number of credit points assigned to their passes depending on the pass option defined on the activation date.

Guided Tours

1. Guided Tours require advance reservation and the accompaniment of certified tour guides. Guests must adhere to the Guided Tours Timetable.
2. Users must refrain from disrupting guided tours. Cityberry reserves the right to exclude disruptive individuals from the tour.
3. Users are responsible for arriving punctually at the meeting point. Latecomers may not be permitted to join the tour. In such cases, no refunds will be issued.
4. Users traveling from abroad are solely responsible for possessing necessary travel documents and adhering to security regulations.

Credit System

1. i Istanbul Tourist Pass® provides Customer a number of credit points to be redeemed on the Attractions and Services. 
2. Based on the pass option selected and the pass activation date, the number of credit points associated with each Istanbul Tourist Pass®️ is subject to change.
3. When the pass is used to access or enter any activity, the credit points are redeemed, and the total available credit amount is reduced by the number of credit points for each attraction that is visited.
4. Customers will be entitled to use their available credit points for each activity.
5. The number of credit points for each activity is subject to change due to cost increases and the price fluctuations of each activity.

Usage of Show&Go Technology

1. Pre-Booking: Certain attractions may require pre-booking due to daily ticket limits. Istanbul Tourist Pass is not responsible for any inconvenience or inability to access attractions if pre-booking is not completed.
2. Proximity and Internet Connection: To utilize the Show&Go Technology, you must be in close proximity to the attraction's ticket counter and have an active internet connection on your smartphone. The QR code will only be generated and displayed when you meet these requirements.
3. Skip the Ticket Line: The Show&Go Technology allows you to skip the ticket lines. However, it does not guarantee priority entrance or fast-track access to the attraction. You will still need to wait in line for security checks and other procedures as required by the attraction.
4. QR Code Validity: QR codes are valid for a limited time and for a specific attraction. Misuse, sharing, or attempting to use expired QR codes may result in denial of entry.

Savings Guarantee

1. Savings Guarantee: Cityberry guarantees you'll save money by purchasing the pass. If the total cost of activities you use during the validity period exceeds the regular price of those activities individually, Cityberry will refund the difference.
2. Requirements: To qualify for the Savings Guarantee, use your pass for at least three activities each day, throughout the entire duration of your pass.
3. Claim Submission: Submit a claim within 5 days of your pass's last use by emailing [email protected]. Please include:
   1. Your Pass ID and order confirmation number (found in your confirmation email).
   2. A brief description of your claim.
4. Claim Review: We will review and respond to your claim within 7-10 business days after our Customer Support team carefully examines your Pass activity.
5. Refund Calculation: Refunds will be calculated based on the "Price Without Pass" sections listed for each Attraction. A 10% processing fee will be deducted from the total refund.

Payment

1. By purchasing any of the Services provided by Istanbul Tourist Pass®, you agree to pay all applicable charges to your account for the Service, following the fee schedule and billing terms active at the time of payment.
2. The agreement with your Payment Provider will dictate your rights and responsibilities regarding the use of your credit card, so please refer to that document for details. When you provide your credit card number and payment details to Istanbul Tourist Pass®, you authorize us to verify this information immediately and charge your account for any due fees without further notice or consent. It is your responsibility to notify Istanbul Tourist Pass® promptly of any changes to your billing address or credit card information.
3. Istanbul Tourist Pass® maintains the right to adjust its pricing and billing practices at any time, effective immediately upon updating on our website or through direct communication via email.
4. You are liable for covering any legal fees, court costs, or related expenses incurred in the process of collecting overdue, undisputed amounts.
5. A contract for the Service between you and Istanbul Tourist Pass® will only be established once your order is confirmed through an official email, SMS/MMS, or similar communication.
6. You are accountable for any third-party charges that may arise while using the Pass.

Validity

1. Validity Period: The pass is valid for up to 1 year from the date of purchase.
2. Price Changes within the Validity Period: If the price of the pass increases during the validity period, you will be required to pay the difference between the original purchase price and the current price to activate the pass, plus a processing fee.
3. Duration of the Pass: Each purchased pass is valid from the date chosen during purchase for the duration specified.
4. Activation: The pass activates upon first use of an included activity or attraction.
5. Inclusions and Changes: Cityberry reserves the right to modify or discontinue attractions, schedules, content, and entry requirements at any time without prior notification.
   1. Pass users acknowledge that included attractions, activities, and services may differ between the purchase and usage dates and hence can not be guaranteed due to factors such as provider changes, inactivity, or discontinuation of services.
   2. Customers agree that they are eligible to use services or participate in activities that are included during their active pass dates only.
   3. The Customers also agree to adhere to the most current terms and conditions of the Attraction by the Provider available during their visit.
6. Reservation Privileges: Pass holders are entitled to make reservations for participating attractions within a fifteen (15) day window prior to their desired visit date, irrespective of the date of purchase. However, these reservations are subject to availability and the specific terms and conditions set forth by each attraction.

Returns & Cancellations Policy

1. Orders can be canceled up to 24 hours before the Pass usage begins ("Cancellation Period", either one day before the nearest reservation or before the user visits any Attractions.
2. Cancellation requests after the Cancellation Period are subject to no refund.
   Services must be used according to the terms written on each Attraction’s webpage on the Istanbul Tourist Pass® website.
3. Purchases of single-entry tickets made directly at attraction ticket offices or any other platforms are non-refundable by any means by Istanbul Tourist Pass®. This includes any associated infant costs incurred at the attraction entrance.
4. Attractions requiring reservations must be canceled at least 24 hours prior to the attraction's scheduled start time to be eligible for a refund. Cancellations made within 24 hours of the start time, or failure to attend the attraction ('no-show'), will forfeit any right to a refund.
5. Public Transportation cards, once delivered, cannot be refunded. In the event of any errors, customers are required to contact Belbim, providing their relevant information. Replacement cards will be subject to the policies and procedures of the Istanbul Metropolitan Municipality, the Provider.
6. Unless otherwise explicitly stated, the following cancellation conditions apply to all Attractions:
   1. All cancellations, including those for add-on services up to 3 days before your pass start date, will incur a 10% processing fee including bank charges and service fees.
   2. If canceled less than 3 days before the pass start date, a 25% cancellation fee, including bank charges and service fees will incur.
   3. Cancellations made less than 24 hours before the scheduled start time, or failure to attend ('no-shows'), will not receive a refund.
7. To request a refund, please email [email protected] and include your Istanbul Tourist Pass® Reference ID, along with any other documents relevant to your order.

Upgrade of the Pass

1. Upgrade Eligibility: Pass holders may upgrade their current pass by extending its duration (e.g., upgrading a 1-day pass to a 3-day pass).
2. Upgrades are limited to changes in pass duration only recent usage will remain used.
3. Upgrade Cost: The upgrade cost includes the difference in price between the original pass and the upgraded pass, plus a 10%of the upgraded pass price for upgrading & processing fee.
4. Activation and Validity: The upgraded pass maintains the validity and activation terms of the original pass unless otherwise stated.

Exceptional Circumstances for Activity Cancellation

Istanbul Tourist Pass® reserves the right to cancel scheduled activities without prior notice due to weather conditions, governmental regulations, strikes, or other unforeseen and unavoidable external factors (including force majeure) that make the activity impossible, pose significant safety risks, or substantially hinder its execution. In the event of such cancellations, customers will have the option to reschedule their booking for an attraction.

Exclusion of Participation

Cityberry reserves the right to refuse participation in or exclude individuals from Attractions if they:

1. Fail to meet clearly stated participation requirements.
2. Pose a potential danger to themselves or others.
3. Disrupt activities, including behaviors resulting from drug or alcohol intoxication.

This policy applies to the individual making the booking and any others included in their reservation. In these instances, no refunds will be issued.

Pass Usage & Fraudulent Activity

Personal Use Only

Each Istanbul Tourist Pass® is strictly for personal use and can only be used by one individual. Sharing a single pass to gain admission for multiple people is considered fraudulent activity. If misuse is detected, Istanbul Tourist Pass® reserves the right to:

1. Immediately suspend or cancel the pass without a refund.
2. Restrict access to all pass-related services.
3. Take legal action against individuals or entities involved in fraudulent activities.

Credit Limit & Misuse

Every Istanbul Tourist Pass® comes with a specific number of credits that determine access to attractions and services. Attempting to inflate, manipulate, or artificially increase credits through unauthorized means is strictly prohibited and considered fraud. Istanbul Tourist Pass® reserves the right to:

1. Cancel the pass and deny access to attractions and services.
2. Seek reimbursement for any losses incurred due to misuse, including amounts contractually owed to partner attractions, legal fees, and recovery costs.
3. Pursue legal action if necessary.

   
   Checking Your Remaining Credits

   The credit balance on your pass is managed by Istanbul Tourist Pass® and cannot be altered by users.  check your remaining credits, simply log into the Istanbul Tourist Pass® App and navigate to the "My Istanbul" section. If you believe there is an error in your credit balance, please contact our Customer Support team for assistance.

   Communication and Contact Permissions

   By completing a purchase, users acknowledge Cityberry's right to contact them via email, phone calls, SMS, WhatsApp, and/or any other communication tools for transactional and informational purposes related to their purchase and the use of purchased services.

   Users consent to the sharing of necessary contact details with third-party service providers to facilitate the fulfillment of Attractions and services associated with their purchase.

   Changes to Our Terms & Conditions

   By using the Istanbul Tourist Pass®, you acknowledge that Istanbul Tourist Pass® may, at its discretion, modify or discontinue the Service (or any feature within the Service), either temporarily or permanently, without prior notice. You can stop using the Service at any time without needing to inform Istanbul Tourist Pass®. If your access is disabled or restricted, you understand that you may lose access to your account and any associated data or materials. 

   Website Modifications

   Istanbul Tourist Pass® reserves the right to modify, suspend, or terminate its website or any services it provides, temporarily or permanently, with or without prior notice, and shall not be liable for any consequence resulting from such actions.

   Updates to the Website

   From time to time, Istanbul Tourist Pass® may implement updates or enhancements to the website’s features and functionality, including patches, bug fixes, or general improvements ("Updates"). Such Updates may alter or remove certain features. You acknowledge that Istanbul Tourist Pass® is not obligated to continue providing or supporting any specific functionality or feature. All Updates are considered part of the website and are subject to these Terms & Conditions.

   Third-Party Services

   The website may include content or services provided by third parties or links to external sites ("Third-Party Services"). Istanbul Tourist Pass® holds no responsibility for the accuracy, quality, legality, or any other aspect of these third-party offerings. Any use of such services is at your own risk, and you should review their specific terms and conditions.

   Term and Termination

   This Agreement remains effective until terminated by you or Istanbul Tourist Pass®. Istanbul Tourist Pass® may suspend or terminate the Agreement at any time for any reason, with or without notice. If you violate any terms, this Agreement will terminate immediately without notice. Upon termination, you must discontinue use and delete all related copies of the Service. Termination does not limit Istanbul Tourist Pass®’s rights or remedies under applicable law in case of breaches.

   Copyright Notice

   If you believe any material on our website infringes your copyright, please contact us with the following:

   1. Signature of the copyright owner or representative
   2. Identification of the material claimed as infringing
   3. Your contact information
   4. Statement of good faith belief of unauthorized use
   5. Declaration of the accuracy of your notice under penalty of perjury and your authorization to act on behalf of the copyright owner.

   
   Indemnification

   You agree to indemnify and hold Istanbul Tourist Pass®, its affiliates, partners, and licensors harmless from any claims, including legal fees, arising from:

   1. Your use of the website
   2. Violation of these Terms
   3. Infringement of third-party rights.
       

   No Warranties

   The website is provided "AS IS" and "AS AVAILABLE" without warranty. To the fullest extent permissible, Istanbul Tourist Pass® disclaims all warranties, including but not limited to merchantability, fitness for a specific purpose, and non-infringement. No assurances are made regarding uninterrupted, error-free use, or the security of the content.

   Limitation of Liability

   Istanbul Tourist Pass® and the Providers will not be liable for any indirect, incidental, special, or consequential damages, even if advised of the potential damages. Liability shall not exceed the amount you paid for the service. In some jurisdictions, exclusions or limitations may not apply to you.

   Severability

   Should any provision be deemed unenforceable, the remaining terms will continue in effect. The Agreement, along with any relevant notices, comprises the full understanding between you and Istanbul Tourist Pass®. No waiver of terms shall imply further or continued waivers.

   Waiver

   Failure to enforce any part of the Agreement does not constitute a waiver. No delay or partial exercise of any rights will prevent further enforcement.

   Amendments

   Istanbul Tourist Pass® reserves the right to amend this Agreement. Only significant changes will be communicated directly. Continuing to use the website after changes implies your acceptance of the new terms. 

   Entire Agreement

   This Agreement, including any supplemental terms and policies, represents the entire understanding between you and Istanbul Tourist Pass®. You may be subject to additional conditions when purchasing specific services.

   Intellectual Property

   All contents of the website, including text, images, and software, are the property of Istanbul Tourist Pass® or its licensors and protected by international laws. Unauthorized use is prohibited.

   Dispute Resolution

   Disputes, except those involving equitable relief for intellectual property rights, will be resolved through binding arbitration. Notices of a dispute must be sent to [email protected]. Attempts to negotiate will last 60 days before arbitration may proceed.

   Promotions

   Any promotions hosted by Istanbul Tourist Pass® may come with specific eligibility rules. Ensure you meet the criteria before participating. By entering, you agree to abide by those rules.

   Typographical Errors

   In the event of errors regarding product details or pricing, Istanbul Tourist Pass® reserves the right to cancel affected orders.

   Time Zone

   Turkey Time Zone (UTC+03:00 year-round) shall be the governing time zone for all time calculations and deadlines. Cityberry's determination of time in this regard shall be considered authoritative.