ARTICLE 1 - KONU The subject of this Agreement is the sale by the SELLER to the USER/BUYER of the below-mentioned services with specified qualities and sale price, which includes the travel from the pier selected via the BELTUR APP (“Application”) to the Büyükada Beltur Hotel public beach, and the use of sun loungers and umbrellas at the Büyükada Beltur Hotel Public Beach and/or the reservation of an outdoor event (“Event”) to be organized at the Büyükada Beltur Hotel, in accordance with this Agreement, covering the rights and obligations of the Parties.
ARTICLE 2 - SELLER INFORMATION:
COMPANY TITLE BÜYÜKADA LIFE CENTER CIVIL PARTNERSHIP COMMERCIAL BUSINESS ADDRESS Çubuklu Neighborhood, Hıdiv Kasrı Street, No: 1/1 Çubuklu – Beykoz/ISTANBUL MERSIS NO / TAX NO 0193082013400001 PHONE …………………… FAX ………………… EMAIL …………………… ARTICLE 3 – BUYER/USER CONSUMER: NAME SURNAME ………………… T.R. IDENTITY NO ADDRESS INVOICE INFORMATION ………………………… PHONE ……………………… FAX EMAIL …………………………
ARTICLE 3 - DEFINITIONS
In the application and interpretation of this Contract, the terms written below shall express the explanations written opposite them: Law: Law No. 6502 on Consumer Protection Regulation: Distance Contracts Regulation KVKK: Law No. 6698 on the Protection of Personal Data Parties: Seller and Buyer/User Product(s): Any kind of product subject to sale through the Seller’s sales channels (Application, website - call center, etc.), Passenger Motor: The sea transportation vehicle used for direct transportation to Büyükada Beach, and whose departure times are announced through the Application, Event: Concerts, theater, and other open-air events organized in the area(s) deemed appropriate by the SELLER within the Büyükada Beltur Hotel premises.
ARTICLE 4 - SERVICE INFORMATION SUBJECT TO THE CONTRACT
The type of service, sale price, and payment method according to the transaction code of the selected service are as follows. RESERVATION NO ………………… SERVICE / PRODUCT NAME ……………………. SALE PRICE (PRICE INCLUDES VAT) …………………… PAYMENT METHOD …………………. DATE OF SERVICE PERFORMANCE ……………………
ARTICLE 5 - USE OF THE APPLICATION AND TERMS OF SERVICE USE
6.1. The user creates a membership by entering the information requested from them through the Application to benefit from the mentioned service. After entering the GSM number, the system sends an SMS to the shared number to verify its accuracy. 6.2. The user accepts and declares that all the information they have shared is complete, up-to-date, and accurate. The user can update their information at any time. 6.3. After registering to the application, the user creates a reservation for the selected piers/Events on the date and time they have determined. For the user’s reservation to be realized, the full payment must be made. After the payment, the user will be able to use the Passenger Motorboat at the pier they have chosen on the date and time they have reserved, in accordance with the voyage schedules available in the Application. 6.4. Payments are made through the Sipay system by entering the user’s credit card information or if the mobile phone number entered by the user is registered in the Sipay infrastructure, the matching credit cards automatically appear on the screen. With the entry of the information, the credit card introduced to the system is used for the payment of subsequent reservations without entering the information again. Credit card information is stored in the masterpass infrastructure. 6.5. If the user wishes, they can make payments with the 3D Secure payment system. 6.6. If the user’s phone falls into the hands of third parties without the consent of the user, the user is obliged to inform the SELLER immediately. Although third parties cannot access the user’s credit card information through the application, they can use the application and make payments with the user’s credit card. The SELLER is not responsible in any way for such uses by third parties. 6.7. In case the user cancels the reservation made through the Application: * The full amount is refunded for cancellations up to 24 hours, * 50% of the total amount is refunded for cancellations between 24 hours and 1 hour, * No refund is made for cancellations made less than 1 hour before. * Full refund is made for cancellations made within the first 5 minutes after the reservation is made. * The cancellation cases regulated in Article 9 of this Agreement are also reserved. 6.8. The user is obliged not to damage or pollute the Passenger Motorboat during travel, and the Beach/Event area during its use. 6.9. In case of forgetting items on the Passenger Motorboat or at the Beach/Event area during the journey or use, the user must immediately contact the White Desk. The SELLER will not be responsible for items forgotten on the Passenger Motorboat and/or Beach/Event area. 6.10. The SELLER may change this Agreement at any time. The changes are announced to the user by sending notifications through the Application and become effective when the user accepts the changes through the Application. 6.11. By approving this Agreement, the user undertakes not to use the intellectual property elements such as the logo, code, design, etc., of the Application for commercial purposes. 6.12. The user declares and accepts that they will be at the pier at least 15 minutes before the Passenger Motorboat departure time of the ticketed hour when purchasing Beach tickets through the Application and/or other sales channels, and that no refund will be made if they fail to catch the Passenger Motorboat due to their own dryness and/or negligence, and all responsibility lies with them.
ARTICLE 6 - TERMINATION OF MEMBERSHIP AND TERMINATION
7.1. This Agreement shall commence upon the creation of the membership and remain in effect until the termination of the membership. Parties may terminate this Agreement at their own discretion. If users act contrary to the Agreement, their membership may be suspended or terminated. The discretion in this matter lies with the SELLER. 7.2. If the services to be used under this Agreement are used by the User for purposes contrary to law and morality, the User’s membership may be terminated by the SELLER without any notice. 7.3. If the User fails to show up for the reservation twice within the same month or a total of three times within a year, or if they cancel the relevant ticket reservation at least one hour before, their membership may be suspended or terminated. 7.4. In accordance with Law No. 4207 and other relevant legislation, the User shall not smoke or consume alcohol in the open and closed areas of the Passenger Motorboat during the term of the contract. If this situation is detected, the User’s membership may be terminated by the SELLER.
ARTICLE 7 - PROTECTION OF PERSONAL DATA
7.1. Your personal data is processed by our Company as a data controller within the scope of the Personal Data Protection Law No. 6698 (“PDPL”). The transferred personal data will be processed only for the purposes specified in the USER INFORMATION TEXT. Obligations arising from the PDPL, including the obligation of explicit consent and enlightenment towards data subjects, will be fully and properly fulfilled, and necessary technical and administrative measures will be taken to ensure that the data is processed in accordance with the PDPL and the decisions taken by the Personal Data Protection Board (“Board”).
ARTICLE 8 - FORCE MAJEURE
Circumstances such as adverse weather conditions, technical failures, natural disasters, legal strikes, lockouts, general epidemics, partial or general mobilization announcements, legal impediments, cancellation of authorization documents, safety of approach, and administrative decisions taken by the competent authorities are considered force majeure. In cases where the Passenger Motor cannot set sail due to force majeure, the Event is canceled due to force majeure, and/or the use of the Beach is not realized due to force majeure, the fee paid by the User will be refunded to the credit card used for payment.
ARTICLE 9 - GENERAL PROVISIONS
10.1 The provisions of this contract, agreed upon during registration between the SELLER and the BUYER, have been read by the BUYER and approved on behalf of themselves and others receiving the same service under the same conditions. 10.2 The SELLER is in a position to provide services on behalf of the BUYERS who purchase the service, with carrier companies and all kinds of third parties and legal entities providing other services related to the Event. Therefore, the SELLER is not responsible for any material or moral damages arising from the BUYERS who register with the application not being present at the scheduled departure time of the vehicles, any delays, malfunctions of land, air, and sea vehicles, fog, storm, and all kinds of weather conditions, reasons such as roadblocks causing changes in travel routes and itineraries, strikes, terrorism, war and the possibility of war, or similar force majeure events, or unforeseeable technical faults. 10.3 If the BUYER refuses to accept the performance of the service purchased on the grounds that it is defective, they must report the situation to the SELLER in writing. Otherwise, the BUYER is deemed to have not refused the performance and is considered to have used the service. It is the duty of care of a good-faith consumer for the BUYER to report in writing to the authority any complaints during the performance of the service. 10.4 All terms and conditions under this Contract are subject to Turkish Law. The SELLER has previously informed all consumers about the contract provisions and content before purchasing the ticket and has fulfilled the pre-information obligation. By purchasing the ticket and confirming the order, you are deemed to have accepted the regulations of this Contract and that pre-information about the service you purchased has been provided to you, and this article is also stated to be proof of written evidence. In matters not written in this Contract, Law No. 1618, Consumer Protection Law No. 6502, Turkish Code of Obligations No. 6098, Turkish Commercial Code No. 6102, and other relevant legislation provisions will be applied. If the BUYER has issues with the SELLER, and if the SELLER cannot resolve the issue, applications for complaints and objections related to transactions up to a service fee of 1,272.19 TL can be made to the Consumer Arbitration Board located where the product was purchased or where the residence is located; for transactions over 1,272.19 TL, applications can be made to the Consumer Court located where the product was purchased or where the residence is located. According to the third paragraph of Article 5 of the Consumer Arbitration Boards Regulation published in the Official Gazette No. 25186 dated 01/08/2003, the lower monetary limit for provincial arbitration boards operating in metropolitan cities to be authorized and responsible for disputes is 3,321.17 TL. The information provided in the contract within the scope of the legislation is given for commercial purposes in a way that protects minors and adults who are incapacitated or restricted, in accordance with the principles of good faith and suitable for the remote communication tools used. If the CONSUMER has issues with the SELLER, and if the SELLER cannot resolve the issue, for disputes valued below 7,550 (seven thousand five hundred fifty) Turkish Liras, applications must be made to the district consumer arbitration boards; for disputes between 7,550 (seven thousand five hundred fifty) Turkish Liras and 11,330 TL (eleven thousand three hundred thirty) Turkish Liras in metropolitan cities, applications must be made to the Provincial Consumer Arbitration Boards; for disputes below 11,330 (eleven thousand three hundred thirty) Turkish Liras in the centers of non-metropolitan cities, applications must be made to the Provincial Consumer Arbitration Boards; for disputes between 7,550 (seven thousand five hundred fifty) Turkish Liras and 11,330 TL (eleven thousand three hundred thirty) Turkish Liras in districts connected to non-metropolitan cities, applications must be made to the Provincial Consumer Arbitration Boards. For disputes above these values, applications cannot be made to the consumer arbitration boards. For the resolution of these disputes, applications must be made to the mediation institution as a condition of the lawsuit and to the consumer courts under Article 73/A of Law No. 6502; in places where there are no consumer courts, applications must be made to the civil courts of first instance. Applications can be made to the consumer arbitration board and Consumer Courts located where the consumer resides or where the consumer transaction took place.
ARTICLE 10 - PRIVACY POLICY
By filling out various forms and polls on the membership or website, Buyers are required to provide the Seller with some personal information about themselves (such as name-surname, company information, telephone, address, or email addresses, etc.). The information requested by the Seller or provided by the Buyer, or information related to transactions made through the website, can be used by the Seller and those in cooperation with them for direct marketing, various statistical evaluations, database creation, and market research purposes beyond the purposes and scope defined in the Distance Sales Contract, and can be shared with third parties. Personal information can also be used to contact the user when necessary. * To identify problems related to the system and to promptly resolve potential issues on the website, the Seller may detect and use the users’ IP addresses when necessary. IP addresses can also be used to generally identify users and collect comprehensive demographic information, and this information can be shared with official institutions during judicial processes. * Your personal information includes your name-surname, gender, date of birth, address, country, city, district, postal code, mobile phone number, email address, password, invoice title, invoice address, invoice city, invoice district, tax office, tax number, Turkish Identification Number, passport number for international tours, and credit card number if payment is made by credit card, and all kinds of information aimed at identifying the user. The Seller may share this information with airlines, agencies, car rental companies, channel management companies, and may use this information by the relevant department for the purpose of sending newsletters and quickly meeting the Buyer’s requests before or after reservation. The Seller will not disclose any of your personal information to companies and third parties not in cooperation with the Seller unless otherwise stated in this privacy policy. In the limited circumstances listed below, the Seller may disclose users’ information to third parties outside the provisions of this ‘Privacy Policy.’ These situations are limited to: * Complying with the obligations brought by legal rules enacted and in force by authorized legal authorities such as Laws, Decrees, Regulations, etc.; * To fulfill and implement the requirements of the Membership Agreement and Terms of Use, Distance Sales Contracts, and other contracts concluded by the SELLER with the Buyers; * Information requests about users for the conduct of an investigation or inquiry properly carried out by authorized administrative and judicial authorities; * Cases where it is necessary to provide information to protect the rights or safety of users. * The Seller can obtain information about Buyers and their use of the website using a technical communication file (Cookie). The mentioned technical communication files are small text files sent by a website to the user’s browser to be stored in the main memory. The technical communication file facilitates the use of the Internet by storing the status and preferences about a website.The technical communication file helps to obtain statistical information about how many people use the website, for what purpose a person visits the website, how many times they visit, and how long they stay. It is designed to assist in dynamically generating advertisements and content from user pages that are specially designed for users. The technical communication file is not designed to take data or any other personal information from your main memory or your email. Most browsers are initially designed to accept the technical communication file, but users can change the settings to prevent the technical communication file from arriving or to be warned when the technical communication file is sent if they wish.
ARTICLE 11 - COURT WITH AUTHORITY AND RESPONSIBILITY WITH THE EVIDENCE AGREEMENT
In the resolution of any disputes arising from and/or the performance of the Contract, Seller’s records (including magnetic media records such as computer and voice recordings) will constitute evidence. The Parties have accepted, declared, and undertaken that, in disputes arising from the implementation and interpretation of the Contract, within the monetary limits determined by legislation, the Consumer Arbitration Committees at the residence of the Buyer and Seller will be competent, and in cases where the disputed amounts exceed these limits, the consumer courts at the residence of the Buyer and Seller will have jurisdiction.
