1. PARTIES TO CONTRACT
This Distance Contract (“Contract”) has been executed by and between,
(i) Travel Market Turizm Sanayi ve Ticaret Limited Şirketi shall be hereinafter referred to as “MİSAFİR SERVICES”) and
(ii) the Buyer who accepts this Contract (shall be hereinafter referred to as “Buyer”)
based on the conditions written below on the date the Buyer confirmed this Contract.
The Buyer and MİSAFİR SERVICES shall be hereinafter individually referred to as “ Party” and collectively as “Parties”.
2. SUBJECT MATTER OF CONTRACT
The subject matter of the Contract is the determination of the rights and obligations of the Parties, by also taking the Consumer Protection Law and the Distance Contracts Regulation into consideration, in respect of sale and payment of the price of the Services that the Buyer places order with MİSAFİR SERVICES via the Web Site in the electronic environment or via the Call Center and whose features and Purchase Price are specified in the Web Site, Call Center and this Contract.
4. REPRESENTATIONS AND WARRANTIES OF BUYER
4.1. The Buyer agrees and declares that it has read and is informed on the preliminary information uploaded by MİSAFİR SERVICES as to the basic features, Purchase Price and payment method of the Service included in the Web Site, and that it has given the necessary confirmation in the electronic environment. Buyers may forward their claims and complaints in their capacity of consumers to MİSAFİR SERVICES’s contact details or via the channels provided by the Web Site and/or to the Call Center. By confirming this Contract in the electronic environment, the Buyer is deemed to confirm that it has accurately and completely obtained the address, basic features pertaining to the Service ordered, Service’s price including taxes, payment information required to be provided by MİSAFİR SERVICES to the Buyer before the execution of distance contracts.
4.2. When the Buyer uses the Services provided by means of MİSAFİR SERVICES; it agrees, declares and undertakes that it is obliged to comply with particularly the Consumer Protection Law and the applicable legislations within the scope of this law including the provisions of the Regulation On Distance Contracts and all regulations, communiqués and other such legislations issued under these laws as well as any law and applicable legislation that the Services are subject to.
4.3. The Buyer must perform the transactions that it will perform via MİSAFİR SERVICES’s Web Site or Call Center in due and thorough manner. The Buyer agrees and undertakes that no liability of MİSAFİR SERVICES will arise from the bookings, booking changes, cancellations, refunds or inconveniences in the purchase transactions on account of an inaccurate or erroneous performance of a transaction by itself or a third party.
4.4. The Buyer agrees and declares that it will incur obligation to pay Purchase Price when it purchases any Service within the scope of this Contract.
4.5. The Buyer agrees and undertakes that the credit card details that it defines to the system during shopping are accurate, and that any civil and penal liability originating from the use of such credit card are borne by itself.
4.6. The Buyer shall be obliged to provide MİSAFİR SERVICES with additional information and documents required by MİSAFİR SERVICES during the term of the Service under this Agreement.
5. SCOPE OF SERVICE
5.1. The Buyer may purchase any one, multiple and/or all of the Services it requests at any count of the same it requires in compliance with the procedure designated in the Web Site.
5.2. The Services included within the scope of this Contract can be purchased via the Web Site or Call Center.
5.3. The Buyer accepts that MİSAFİR SERVICES may unilaterally make any change on all kinds of contents included in the Web Site including the terms of use of the Web Site that such changes will become effective as of the moment of their publication on the Web Site.
6. GENERAL PROVISIONS
6.1. Upon the Buyer’s pressing of the “purchase” or “book” button for a Premium Service via the Web Site, the relevant product will be automatically added into the shopping cart section included on the Web Site.
6.2. Service sale will occur only upon the payment’s (or booking’s, for Premium Service that require booking) being successfully recorded by MİSAFİR SERVICES and notification to the Buyer of the respect that the sale has been implemented (or that the booking has been confirmed, for Premium Service that require booking) via the Web Site or Call Center.
6.3. In all cases deemed necessary, at all relevant points where Services are provided, identity check may be performed by MİSAFİR SERVICES through requiring the identity card or passport of the Buyer.
6.4. MİSAFİR SERVICES reserves its right to anytime change, restrict or cease the scope and usage processes and technical features of the Call Center or Web Site. Technical failures, maintenance operations, development works and/or other malfunctions may restrict and/or occasionally cease the availability of the Service. In this context, data loss may occur. Therefore, MİSAFİR SERVICES does not assume any warranty in respect of the service’s availability or avoidance of technical failures or data losses.
6.5. MİSAFİR SERVICES is the owner and/or license holder of the intellectual and industrial property rights of and pertaining to all information and materials including but not limited to the contents, graphics, user interfaces, commands, technical data presented in electronic, graphic or machine readable form, applied sales systems, work methods and business models, particularly the general view and design of the Call Center and Web Site as well as all information, pictures, brands, logos, icons, source codes, data codes, database and within the software and system and their developed versions on the internet site (“ Protected Property”). Without express written consent of MİSAFİR SERVICES and/or group companies, the Protected Property may not be copied, processed or reverse engineered; all or any part of their original and/or processable form may not be directly or indirectly reproduced; they may not be in any form or method disseminated; they may not be utilized through performing in public places directly or by means used for transmission of sign, sound or picture; they may not be used, communicated to the public and made available to the access of third parties in digital environments and/or mobile instruments; they may not be recorded to instruments used for conveying data; they may not be used in any visual-audio work and communicated to the public by instruments used for conveying sign-sound and/or image or by retransmission, they may not be reproduced, exhibited, changed, adapted or translated. If the Buyer is found to have violated this Article 7.8 based on MİSAFİR SERVICES’s discretion, MİSAFİR SERVICES may immediately cease the Buyer’s utilization of the Services and terminate the Contract without requirement for any compensation. The right of MİSAFİR SERVICES or group companies to take any civil and penal action in terms of intellectual and industrial rights, including collection of all interests and accessories of any pecuniary and moral damages, is reserved.
6.6. The Buyer under this Contract or the person for behalf of whom Service has been purchased agrees and declares that it does not have the right to transfer any of its rights hereunder to a 3rd party. For the avoidance of doubt, the Buyer or the person for behalf of whom Service has been purchased may not wholly or partially transfer, sell or lease out the Services purchased under this Contract to any 3rd party.
6.7. MİSAFİR SERVICES is not responsible for Purchase Price inaccuracies caused by typos and system errors.
7. RIGHT OF WITHDRAWAL
7.1. The Buyer has the Right of Withdrawal within fourteen (14) days starting from the date of execution of this Contract, without indicating any reason. If an invoice has been sent by MİSAFİR SERVICES, such invoice must be presented. The Right of Withdrawal of Premium Services made by the Buyer on behalf of someone else belongs to the Buyer.
7.2. In the case that the Service is started to be used by the Buyer before expiration of the Right of Withdrawal period, namely fourteen (14) days, the Right of Withdrawal may not be exercised. In cases where the Meet&Greet Service is purchased, the Right of Withdrawal may be used, on condition that within the fourteen (14) days, until forty-eight (48) hours in advance at the latest.
7.3. Regarding the Service, if the relevant Service has not been used after the Contract is accepted by the Buyer, the Buyer may communicate its request for Right of Withdrawal by the written notice prepared based on the Sample Withdrawal Form included in ANNEX-1 regarding the exercise of the Right of Withdrawal via the points of service sales or the Call Center or its express declaration of Right of Withdrawal (in a way such as to prove that the declaration or the notice belongs to the Buyer).
7.4. In the case that this right is exercised, the Purchase Price received within fourteen (14) days starting from MİSAFİR SERVICES’s receipt of the withdrawal notice shall be refunded to the Buyer. For the avoidance of doubt, in the event of communication of withdrawal notice after fourteen (14) days which is the Right of Withdrawal period, the Purchase Price shall in no way be refunded.
7.5. The Right of Withdrawal period, namely fourteen (14) days, starts on the day which the Buyer confirms the Contract.
7.6. For the avoidance of doubt, by executing this Contract, the Buyer agrees and declares that MİSAFİR SERVICES has informed the Buyer in respect of the Right of Withdrawal.
8. FORCE MAJEURE
If rebellion, embargo, state intervention, riot, invasion, warfare, mobilization, employee-employer disputes including strikes, lockouts, labor actions or boycotts, cyber-attacks, communication issues, infrastructure and internet failures, system improvement or renovation operations and failures emerging in consequence thereof, power outage, fire, explosion, storm, flood, earthquake, immigration, epidemic or other natural disasters or other events that occur outside the control of the Parties, not originating from their faults and cannot be reasonably foreseen (“ Force Majeure”) hinder or delay the Parties’ performance of their obligations arising from this Contract, the Parties may not be held liable for their obligations hindered or delayed due to Force Majeure, and this circumstance may not be deemed a breach of this Contract.
9. LIABILITY AND INDEMNIFICATION
9.1. The Buyer shall be liable for the damages arisen and/or which may arise in the case of the Buyer’s inflicting any damage on MİSAFİR SERVICES and/or group companies and/or third parties and/or any property belonging to these when utilizing the Services purchased under this Contract due to its fault, intent or negligence, or its failure to wholly and/or partially perform any of obligations and/or incomplete and/or delay in performance thereof and/or breach of the legislations in force and/or in consequence of negligence. In this context, if any payment is made by MİSAFİR SERVICES to third parties, the Buyer shall reimburse such amount to MİSAFİR SERVICES without requirement for any court decision.
9.2. The Buyer agrees, declares and undertakes that the 3rd parties utilizing the Services regulated hereunder other than the Buyer shall also utilize the Services in compliance with the terms and conditions included in this Contract, and that if those relevant parties cause any damage under Article 10.1 above, the Buyer will be liable to MİSAFİR SERVICES for such damages.
10. EVIDENTIAL CONTRACT
In the disputes which may arise from this Contract, MİSAFİR SERVICES’s official books and commercial records as well as the electronic data and computer records stored at its own database, servers shall constitute binding, final and exclusive evidence, and this article qualifies as an evidential contract for the purposes of Article 193 of the Code of Civil Procedure numbered 6100. MİSAFİR SERVICES shall keep the information and documents pertaining to each transaction related to the Right of Withdrawal, provision of information, delivery and its obligations in other respects for three (3) years.
11. ENTIRE AGREEMENT
This Contract and all documents submitted as part of this Contract or in connection with this Contract or included in this Contract by reference, constitute and contain the entire agreement between the Parties in respect of the subject matter of this Contract, and they supersede all agreements, arrangements and agreements made between the Parties on the subject of the Contract. The parties accept and declare that there is no other oral or written agreement regulating this matter.
12. SEVERABILITY
If any provision of this Contract in any way is or becomes legally void or ineffective, the validity, legitimacy and enforceability of the remaining provisions of this Contract shall not be impaired in consequence thereof and these provisions shall continue to apply in exactly the same way.
13. LIMITATION OF LIABILITY
MİSAFİR SERVICES is liable to the Buyer for direct and documented damages only under or in connection with this Contract, and MİSAFİR SERVICES’s liability for compensation in respect of such damages shall not exceed the sum of the Purchase Price and VAT in total. For the avoidance of doubt, MİSAFİR SERVICES shall not be liable for any consequential damage to arise under or in connection with this Contract.
14. DISPUTES
14.1. The Buyer may communicate its claims and complaints through the channels as MİSAFİR SERVICES’s contact details are provided above.
14.2. Turkish Law shall apply to the disputes arising from this Contract.
14.3. In the resolution of the disputes in relation to implementation of the Contract, the Consumer Arbitration Committees and the Consumer Courts in the locale where the Buyer purchases the Service or the Buyer’s residence is situated have jurisdiction, based on the monetary limits designated in the Consumer Protection Law numbered 6502. Pursuant to the lower and upper limits designated in the 1st paragraph of Article 68 of the Consumer Protection Law numbered 6502, the district/provincial consumer committees have jurisdiction over the consumer claims.
15. ENFORCEMENT
Each article of this Contract consisting of seventeen (17) articles and three (3) annexes has been read and understood by the Buyer. This Contract shall take effect on the date confirmed by the Buyer.
ANNEX-1
SAMPLE WITHDRAWAL FORM
(This form will only be filled out and sent when the right of withdrawal from the Contract is intended to be exercised.)
- To: (MİSAFİR SERVICES’s name, trade name, address, fax number, if any, and e-mail address will be included.)
- Upon this form, I declare that I exercise my right of withdrawal as to the sale of the products or provision of the services below.
- Order date or delivery date:
- Product or service subject to the right of withdrawal:
- Price of the product or service subject to the right of withdrawal:
- Consumer’s name and surname:
- Consumer’s address:
- Consumer’s signature: (Only when submitted on paper)
- Date: