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ARTICLE 1 - PARTIES

This is the usage agreement, on one side Göksu, Gazi Blv. It has been concluded electronically between TourerTravel (hereinafter referred to as TourerTravel) located at Karasah İş Merkezi, 07112 Kepez/Antalya, and the user who is a member of the platform (hereinafter referred to as UYE) on the other hand. TourerTravel and MEMBER will together be referred to as PARTIES.

ARTICLE 2 - PURPOSE AND SUBJECT OF THE CONTRACT

The subject of this Agreement is to determine the conditions for benefiting and using the transportation services that the UYE will purchase in Turkey and abroad through the Platform owned by TourerTravel.

ARTICLE 3 - DEFINITIONS

"Service" It refers to the services that enable Members and the drivers of the company providing Land Transportation Services to come together on the Platform, and within this context, facilitate the Members to fulfill the requirements of the transportation/logistics services agreements they have concluded with TourerTravel by determining the provisions with their free will.

"Platform"

  • MOBILE APPLICATION: TourerTravel's special software written for devices such as Mobile Phones and Tablets, which provides wireless connection and provides wireless connection where the procedures and principles of transportation service purchasing, use and payment methods are shared with the Member.
  • WEBSITE: A Desktop computer, Laptop, PC, etc. that can connect with a special internet browser, where the procedures and principles of purchasing, using and paying transportation services are shared with the Member. TourerTravel's special software written for devices.

"Platform Usage Fee" The service fee to which the Company is entitled in case the Member approves and purchases it through the Platform and in return for the realization of the Transportation Service in question, or the fee to which TourerTravel will be entitled for cancellations that do not belong to the cancellation conditions and periods specified below.

"Reservation" Starting place, starting time, route, destination Member or passenger information. The whole of the records made for the realization of the transportation and logistics services after payment by the Member, containing all information, including the fee of the transportation service, entered by the Member and shared with the Member through TourerTravel's mobile application and/or website, the accuracy of which is accepted by the Member.

"Official Authority" It refers to any judicial or administrative authority, official, semi-official or autonomous institution, organization, commission and board.

"Driver" It refers to the drivers who provide transportation services to the Members who produce services on behalf of the commercial firm, authorized by TourerTravel, in accordance with the provisions of domestic and international road private passenger transportation, based on the transportation/logistics services agreement between TourerTravel and the Members they meet through the mobile application through the platform.

"Transportation Service" It refers to the service that constitutes the transportation/logistics service to be provided to the Member by the Driver on behalf of the company to which he is affiliated, pursuant to a transportation service contract to be concluded between the Member and TourerTravel by coming together through the Platform. Transportation service: It is all the transportation and logistics services provided by TourerTravel to the Member for the purpose of traveling, where the starting place, starting time, route, destination Member or passenger information is entered by the Member.

"Shared Vehicle" In order to provide uninterrupted service to our customers on very busy routes or off-peak routes, they are vehicles that can be used together with other customers by giving preliminary information to the customer.

"Shared Passenger" Our customers who travel together on multiple trips.

Presentation of pre-sales services: Defining the service and product content of the specified conditions and nature, offered via mobile and Internet, and presenting the Transport Services and Logistics Support Service information and price details with all their details, without any misleading, multiple meanings or incomplete content that the MEMBER can clearly understand.

After-sales services - Approval of the service and information: Sharing the information that can be followed via Mobile and Internet regarding the services offered to the MEMBER and approved by the MEMBER as purchased and paid for by the MEMBER. The information regarding the reservation entered during the payment is approved by TourerTravel via SMS and email, and sharing the information regarding its approval.

Service realization: Implementation of customer consultation and communication support services 24 hours a day, 7 days a week, along with sharing vehicle, driver and contact information before and during the transportation service in question.

ARTICLE 4 - MEMBERSHIP

a) Membership is the right of use that the user acquires following the complete and accurate filling of the information requested by TourerTravel through its Mobile and Internet applications and the signing of this contract. Membership is acquired by completing the membership transactions on the Platform (and concluding this Agreement). The MEMBER accepts that he is of legal age, has read and understood the contract, is aware of his rights and obligations, that TourerTravel is the company that acts as a transportation service agency through the Platform between the company providing the transportation service and the Member, that it is the company that operates the platform, and that the service is provided by the company driver or the company in accordance with the road transportation rules.

b) The Member is deemed to have accepted in advance that the mobile phone number, email address and all other information requested by TourerTravel are up-to-date and in use, and that they belong to him/her.

c) TourerTravel has the right to develop plans and programs using the membership information in question, the Member's circulation and usage information on mobile or internet, and the meaningful data and analysis of this information.

d) TourerTravel may share such membership and usage information with official institutions and authorities, in line with the requests of official institutions and organizations, without the approval of the Member, but only by providing information.

e) The member declares, accepts and undertakes in advance that he/she has purchased the service on his/her own behalf and that he/she and the additional passenger(s) he/she will determine through the platform do not have any violations, prohibited status etc. in terms of the Laws of the Republic of Turkey.

f) The member can exit his/her membership in TourerTravel's Mobile and Internet application at any time.

g) The Member acknowledges and undertakes that TourerTravel has given him/her prior marketing permission within the scope of the Commercial Communication and Commercial Electronic Messages Regulation for marketing and advertising purposes via SMS, e-mail and other communication points.

h) Location information will be shared with TourerTravel while the member is using the Mobile application or while the application is running in the background.

ARTICLE 5 - GENERAL CONDITIONS

a) TERMS OF USE

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(1) Members can use TourerTravel''s Platforms to make reservations at home and abroad, provided that they are limited to the provinces and countries that TourerTravel serves. The reservation in question will be considered valid only if the Member pays by credit card, which is the payment method determined by TourerTravel.

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(2) The Member makes the reservation by approving the Transport Service request defined in this agreement through the platform and making the payment for the price information specified in this agreement. The reservation in question can be changed or requested to be canceled free of charge by the Member, up to 3 hours of stay if the main departure and arrival points where the transportation service will take place are in the same city, and up to 6 hours of stay if the departure and arrival points are not in the same city.

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(3) If the member has chosen the shared journey method, the journey will depart from the time and location planned by the PLATFORM owner. In the shared journey method, if the Member cancels the journey 6 hours before, no refund or change can be made.

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(4) When the Member approves the service on the Platform, he/she is obliged to pay the Platform Usage Fee immediately to TourerTravel and when the Transportation Service is terminated, he/she is obliged to pay the Transportation Fee immediately to TourerTravel.

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(5) TourerTravel will be able to inform Members about its own promotional codes, service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction practices, and therefore may send informative e-mails to members'' e-mail addresses and informative SMS to their mobile phones.

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b) COMPLAINT PROCEDURE

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(1) The Member shall report complaints regarding the services provided by TourerTravel to the e-mail address info@tourertravel.com or by sending registered mail to TourerTravel''s address in Article 1.

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(2) TourerTravel accepts, declares and undertakes to make its best efforts to resolve the problem in question.

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c) LIABILITY FOR SUSPICIOUS AND ERRORS

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(1) If an Erroneous/Unauthorized Transaction is notified to TourerTravel regarding any transaction, the Member may request correction in accordance with VISA and Mastercard rules immediately and in any case after the Payment Transaction has been made. In this case, if the notification in question is proven to be correct, the relevant transaction fee may be refunded to the Member.

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(2) TourerTravel has the right to keep the transaction amounts until the Member''s approval date for the Payment Transaction, especially in case of Suspicious Transactions and if notified by the User or System Partner, in the following situations:

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  • If there is any suspicion that the Payment Transaction does not comply with legal provisions
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  • If there is any suspicion that the payment transaction was made without the knowledge of the holder of the credit card used
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  • If there is any suspicion that the payment transaction was made without the knowledge of the bank account owner used
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  • If there is any doubt that the Payment Transaction is not a genuine Payment Transaction
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(3) In case a lost or stolen Payment Instrument is used or the payment instrument is used by others due to failure to properly preserve personal security information, the Member is responsible for any damage arising from payment transactions that he/she has not authorized. The Member is not responsible for any payment transactions that he/she has not authorized that occur after the notification made. If the Member uses the Payment Instrument fraudulently or does not fulfill the notification obligations deliberately or grossly negligently, the Member will be responsible for the entire damage arising from the unauthorized transaction.

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(4) If the credit card holder used during the RESERVATION on the PLATFORM is not the same person or if a security vulnerability is detected in the credit card used before the product is provided to the MEMBER, the PLATFORM will collect the identity and contact information of the credit card holder, the previous credit card used in the RESERVATION. The UYE may request the UYE to submit the monthly statement or a letter from the card holder''s bank stating that the credit card belongs to him/her. It may suspend the RESERVATION until the MEMBER provides the information/documents subject to the request, and if the said requests are not met within 24 hours, the PLATFORM has the right to cancel the RESERVATION.

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(5) In case the member makes the payment due to a stolen/lost card or without the knowledge of the cardholder, the PLATFORM shall be subject to Article 17 et seq. of the Bank Cards and Credit Cards Law dated 23.02.2006. In case the transaction is carried out despite carrying out the necessary checks; PLATFORM may notify the relevant institutions about the Member in accordance with Articles 36 and 37 of the same law.

ARTICLE 6 - RIGHTS AND OBLIGATIONS OF THE PARTIES

a) The Member declares and undertakes to immediately compensate the Company for any damages it may incur due to the untruthfulness of the personal and other information it provides while becoming a member of the Platform and/or failure to update it by the Member despite changes in the Member's information.

b) The Member cannot give the password received within the scope of membership to any third party for the use of the Platform. All legal and criminal liability regarding the use of the password and the system access tools used to benefit from the Platform belongs to the Member.

c) The Member accepts that TourerTravel may update the terms of this Agreement at any time without the need for any prior notice and/or warning.

d) Although TourerTravel takes the necessary information security measures, it will not be held responsible for the seizure of Member information and data by unauthorized persons and for any damage that may occur to Member information and data.

e) TourerTravel is not responsible for any direct or indirect damages that may occur due to the use of the Platform by the Member.

f) The Member accepts, declares and undertakes that TourerTravel has no duty or responsibility in case of disputes arising between the Member and the Driver.

g) Members cannot transfer their rights and obligations arising from this Agreement without the approval of the Company.

h) If the Member violates the provisions of this Agreement, the criminal and legal liability arising from the violations belongs to the Member personally.

i) The Company has the right to unilaterally suspend or terminate the Member's membership at any time, without assuming any liability and without having to pay compensation.

j) The member will share location information with the PLATFORM administrator while using the PLATFORM.

k) MEMBER cannot use the PLATFORM's website and MOBILE APPLICATION in any way that disrupts public order, is contrary to general morality, or disturbs or harasses others.

l) MEMBER already accepts that the Platform owner is not responsible in case of theft that occurs in the vehicle if the MEMBER chooses the shared journey method.

m) If the MEMBER has chosen the shared travel method from the system, he cannot accept that he has not chosen it.

n) PLATFORM may transport the Member with its own vehicles or with the vehicles of other agencies.

o) MEMBER cannot request to be dropped off at an address other than the destination address in the shared travel method.

ARTICLE 7 - DURATION OF THE CONTRACT, TERMINATION AND PERMITTED MARKETING APPROVAL

a) This Agreement will enter into force on the date of acceptance and will remain in force unless terminated by the parties.

b) The Parties may terminate this Agreement at any time by giving notice of termination through the platform. However, the mutual obligations of the parties until the date of termination remain reserved.

c) If the member does not want the campaigns that PLATFORM will offer to him in this agreement to be delivered to him, he can revoke PLATFORM's marketing permission at any time by sending an e-mail to info@tourertravel.com.

ARTICLE 8 - RIGHT OF WITHDRAWAL

MEMBER, in accordance with Article 5.(a) 2 of this agreement, up to 3 hours before the city RESERVATION time; For out-of-town RESERVATIONS, he/she can exercise the right of withdrawal up to 6 hours in advance.

There is no right of cancellation, change or withdrawal in shared journeys.

In case the specified RESERVATION hours are not complied with, the MEMBER has no right of withdrawal or right of change.

ARTICLE 9 - PROTECTION OF PERSONAL DATA

Personal data belonging to the MEMBER are collected and processed verbally, in writing or electronically, through various means such as the website, social media channels, with automatic or non-automatic methods, within the scope of the Personal Data Protection Law No. 6698 (KVKK), depending on the service provided by the PLATFORM and the commercial activity it carries out. It may be processed by the PLATFORM as such.

Data will be stored for the legal periods specified in the legislation as long as the purpose of the UYE for providing this information is valid and in cases where the relevant legislation provides for the storage of Data.

At the end of these periods, the data will be deleted, destroyed or anonymized officially or upon UYE request, in accordance with Article 7 of the KVKK.

PLATFORM takes the necessary security measures to ensure that stored and recorded data are not lost, do not fall into the hands of unauthorized persons and to prevent unlawful use.

ARTICLE 10 - AMENDED PROVISIONS

a) The terms and conditions to be announced on the https://tourertravel.com website for the provision of services by TourerTravel constitute an annex and an integral part of this Agreement.

b) All duties, fees and taxes arising from this Agreement will be paid equally by the Parties.

c) The Parties cannot under any circumstances transfer or assign the receivables that have arisen or will arise from this Agreement to third parties without the written consent of the other Party.

d) TourerTravel may announce any changes in the Agreement on its website and/or publish new versions, valid on the date of publication.

e) The Member will comply with the laws and the rules of VISA, Mastercard and other payment card organizations and authorities, as well as the rules and procedures prepared by TourerTravel.

f) If any provision of this Agreement is invalid for any reason, the applicability and/or validity of the other provisions or the Agreement will not be affected by this invalidity.

g) The Parties agree that the records accessible via the Platform or Management Interface will be accepted as an evidential contract between the Parties.

h) When the MEMBER completes the membership process through the PLATFORM, he/she is deemed to have accepted all the terms of this agreement.

i) The Parties have accepted the authority of Antalya Courts and Enforcement Offices in resolving disputes arising from this Agreement.

k) If the parties do not notify the other party in writing of the changes in their addresses specified in this agreement, notifications and notices to be made to the addresses specified in this agreement will be considered valid notifications.

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