Distance Sales Agreement
DISTANCE SALES AGREEMENT
Pursuant to the "Regulation on the application procedures and principles of distance contracts" published in the Official paper dated 13.06.2003 and numbered 25137, it is obligatory to conclude a contract for sales made over the internet. Contract details are as follows.
PARTIES TO THE AGREEMENT
Seller: www.sunshuttles.com (Desu Golf Sey. Tur. Tic. Ltd. Şti.)
Address: Çağlayan Mah. 2022 Sok Özgen Apt. No:22/3 Muratpaşa/ ANTALYA
Tel: +90 (546) 647 0777
Email: [email protected]
BUYER: The address and contact information used by the customers when requesting service from www.sunshuttles.com are taken as basis.
It is the airport transfer sales portal of Desu Golf Sey. Tur. Tic. Ltd. Şti. (www.sunshuttles.com), and it is registered with Antalya Institutions V.D 2930461620 tax office and Antalya Chamber of Commerce and Industry registration number 59870.
Sunshuttle reserves the right to change any conditions and information available on the site and site extensions, including the terms of the contract, without any prior notice. If you feel any lack of understanding of the terms of the contract, please contact the Customer Service department.
ARTICLE 1- PARTIES
This usage agreement is on one side, Çağlayan Mah. 2002 Sok. Ozgen Apt. No:22/3 Muratpaşa/ ANTALYA DESU GOLF SEY. TYPE. TRADE. LTD. STI. (hereinafter referred to as SUNSHUTTLE) and the user who is a member of the platform on the other side (hereinafter referred to as a MEMBER) electronically. SUNSHUTTLE and MEMBER will be collectively referred to as the PARTIES.
ARTICLE 2- PURPOSE AND SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine the conditions of use and use of transportation services to be purchased by the MEMBER in Turkey and abroad through the Platform owned by SUNSHUTTLE.
ARTICLE 3- DEFINITIONS
"Service" means the services that enable the Members and the driver of the company providing Road Transport Service to come together on the Platform, and within this scope, the Members can determine the provisions with their free will and facilitate the fulfillment of the requirements of the transportation/logistics services agreements they have concluded with SUNSHUTTLE;
“Platform” ; MOBILE APPLICATION: A special software belonging to SUNSHUTTLE, written for mobile phones, tablets, etc., providing wireless connection, in which the procedures and principles of purchasing, using and payment methods of transportation services are shared with the Member.
WEB SITE: Desktop computers, laptops, PCs, etc., which can connect with a special internet browser, where the methods and principles of purchasing, using and payment methods of transportation services are shared with the Member. SUNSHUTTLE proprietary software written for devices.
“Platform Usage Fee” is the service fee that the Company is entitled to in return for the realization of the said Transportation Service, if the Member approves and purchases through the Platform, or the fee to which SUNSHUTTLE 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, including all the information entered by the Member, including the cost of the transportation service shared with the Member through the mobile application and/or website of SUNSHUTTLE, the accuracy of the said information is determined by the Member. means the whole of the records made for the realization of the accepted transportation and logistics services, after the payment by the Member;
"Official Authority" means any judicial or administrative authority, official, semi-official or autonomous institution, organization, commission and board;
Pursuant to the transportation/logistics services agreement between SUNSHUTTLE and the Members they come together with through the mobile application via the "Driver" Platform, providing transportation services to the Members who are authorized by SUNSHUTTLE, in accordance with the provisions of land private passenger transport in Turkey and abroad, and which produce services on behalf of the commercial firm. refers to drivers;
"Transportation Service" means the service constituting the transportation/logistics service to be provided to the Member by the Driver on behalf of and on behalf of the company to which he/she is affiliated, based on a transportation service contract to be concluded between the Member and SUNSHUTTLE by coming together through the Platform. Transportation service: Starting place, starting time, route, destination, Member or passenger information entered by the Member for the purpose of travel, all of the transportation and Logistics services provided by SUNSHUTTLE to the Member. Details are given below.
“Shared Vehicles” are vehicles that can be traveled together with other customers by providing preliminary information to the customer in order to provide uninterrupted service to our customers on very busy or non-busy routes.
“Shared Passenger” is our customers traveling together on multiple trips.
Presentation of pre-sales services: Information on Transportation Services and Logistics Support Services, which are offered on mobile and over the Internet, with the specified conditions and qualifications and all details, and without any misleading, multiple meanings and missing content that the MEMBER can clearly understand, and submission of price details.
After sales services;
Approval of the service and informing: Sharing the information that can be followed via Mobile and Internet regarding the services provided to the MEMBER in 3.1.1, approved by the MEMBER, purchased and paid for, the information regarding the reservation entered during the payment to be made by SUNSHUTTLE via SMS and e-mail. Approval and sharing information about approval.
Realization of the service: Implementation of customer consultation and communication support services 24 hours a day, 7 days a week, together with the sharing of vehicle, driver and contact information before and during the realization of the aforementioned Transportation service.
ARTICLE 5-GENERAL CONDITIONS
a-TERMS OF USE
(1) The Member can make reservations at home and abroad by using the Platforms belonging to SUNSHUTTLE, provided that it is limited to the provinces and countries served by SUNSHUTTLE. The reservation in question will only be valid if the Member is paid by Credit card, which is the payment method determined by SUNSHUTTLE. The payment in question must comply with the Consumer laws currently in force.
(2) The member makes the reservation by approving the Transport Service request defined in this contract via the platform and making the payment for the price information specified in this contract. SUNSHUTTLE will notify the Member of the contact and identity information and known details of the Drivers in the most suitable position upon the request of the Member. The reservation in question can be changed or canceled free of charge by the Member until 3 hours remain if the main departure and arrival points where the transportation service will take place are in the same city, or until 6 hours if the departure and arrival points are not in the same city. If the member wishes to cancel the reservation without complying with the times in the mentioned conditions, SUNSHUTTLE does not refund the platform usage fee of the reservation made and SUNSHUTTLE paid for the said transportation service. The reservation is deemed to have been made and the service is deemed to have been provided to the Member. The Member shall be deemed to have accepted in advance that he/she will not claim any rights in the cancellation of the reservation made without complying with the hours.
(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 exchange can be made.
(3) When the Member approves the service via the Platform, he/she is obliged to pay the Platform Usage Fee to SUNSHUTTLE immediately, and when the Carriage Service is terminated, the Transportation Fee to SUNSHUTTLE immediately. In addition, the transportation cost and platform usage fee will be determined by SUNSHUTTLE, and SUNSHUTTLE reserves the right to change the transportation fee and/or platform usage fee and calculation depending on the situation and at its own discretion.
(4) A service fee invoice will be issued by SUNSHUTTLE for the Platform Usage Fee and Transportation Fee, which are the progress payment amount, in return for bringing the Members and Driver together through the Platform. Customer copies of the invoice/invoices issued for the Transportation Service Fee are kept at the office of SUNSHUTTLE, upon the request of the Member. If the member requests the invoice(s) to be sent to his/her own address, the invoice for the Service will be sent to the user's e-mail address in electronic form as an "e-invoice". In addition, customer copies of the invoice/invoices belonging to the Platform Usage Fee can be sent to the e-mail address provided by the Member when registering to the Platform as an electronic invoice in electronic environment, if the Member approves.
(5) SUNSHUTTLE will be able to inform Members about its own promotional codes, service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction practices, therefore, it will be able to send information e-mails to the e-mail addresses of the members and informative SMS to their mobile phones. The member has declared that he accepts in advance the information methods to be sent related or unrelated to the service in question.
Member, PLATFORM's campaign, advantage, service evaluation, SMS, e-mail and mobile phone call notifications to be sent to him within the scope of customer satisfaction, Commercial Communications and Commercial Electronic Messages Regulation, etc. It accepts and declares in advance that it has given authorized marketing approval under the laws.
For information or advertising activities related to the service in question, it is stated that the MEMBER's approval for any or all of the platform, Mobile, Internet and SMS methods (within the scope of the Commercial Communication and Commercial Electronic Messages Regulation and its derivatives) declared his acceptance. You agree not to take any action and/or action that may exploit the service offered by SUNSHUTTLE with the promotion or campaign, Promotions or campaigns can be canceled by SUNSHUTTLE at any time without any reason, and that there is no right of claim against the Company based on the canceled promotion or campaign. and commits. The member can cancel the authorized marketing approval by sending an e-mail to info[at]@sunshuttles.com.
b-Complaint procedure
(1) The Member shall notify SUNSHUTTLE of complaints regarding the services provided by SUNSHUTTLE in the following ways: by sending a registered mail to the e-mail address info[at]sunshuttles.com or to the address of SUNSHUTTLE in Article 1,
(2) The member may also initiate a complaint procedure by contacting the Authorized Personnel via the contact phone number. In case the Authorized Personnel or another person does not accept the complaint made by the Member over the phone, the Member undertakes to make the complaint in writing using one of the above-mentioned ways. If the member reports the complaint by phone as specified here, he/she must provide the contact information that SUNSHUTTLE will request from him, and also the content of documents, scans or error messages, etc. will be responsible for shipping.
(3) SUNSHUTTLE accepts, declares and undertakes that it will do its best to solve the problem that is the subject of the complaint, and that the employees who will support the process of resolving the said problems are qualified personnel. On the other hand, the member accepts and undertakes that he will not share in social media and / or electronic public channels in a way that may harm the SUNSHUTTLE brand regarding the subject of the complaint, and if he shares it, he will remove all content related to the complaint in question and publish a disclaimer following the resolution of the problem.
(4) Complaints to be made by the member shall contain at least the following details: the reason for the complaint, the list of parties involved in the transaction, the transaction code, if any, and a detailed list of the problem and the content of possible error messages.
c- Responsibility for suspicious and erroneous transactions
(1) In case of an Incorrect/Unauthorized Transaction notification to SUNSHUTTLE regarding any transaction, the Member may request a correction in accordance with VISA, Mastercard rules immediately and in any case, after the Payment Transaction is executed. In this case, if the said notification is proven to be correct, the relevant transaction fee may be returned to the Member.
(2) SUNSHUTTLE has the right to keep the transaction amounts until the date of the Member's approval of the Payment Transaction, in case of Suspicious Transactions and in case of notification by the User or System Partner, especially in the following cases. Payments will not be processed definitively if the suspicious situation is finalized provided that it is documented.
– If there is a suspicion that the Payment Transaction is not in compliance with the legal provisions,
- If there is a suspicion that the Payment Transaction is made without the knowledge of the holder of the credit card used in the Payment Transaction,
- If there is a suspicion that the Payment Transaction is made without the knowledge of the bank account holder used in the Payment Transaction,
– If there is any doubt that the Payment Transaction is not an actual Payment Transaction (except for tests).
(3) In case of use of a lost or stolen Payment Instrument or the use of the payment instrument by others due to failure to keep personal security information properly, the Member is responsible for the damages arising from the payment transactions that he has not authorized. The Member is not responsible for any unauthorized payment transactions that occur after the notification. In case of fraudulent use of the Payment Instrument or failure to fulfill its notification obligations willfully or grossly, the Member shall be liable for all of the damage arising from the unauthorized transaction.
(4) If the credit card holder used on the PLATFORM during the RESERVATION is not the same person or if a security vulnerability is detected regarding the credit card used before the product is provided to the MEMBER, the PLATFORM will provide the identity and contact information of the credit card holder, the credit card used in the RESERVATION. may request the MEMBER to present the statement of the card for the previous month or a letter from the bank of the cardholder stating that the credit card belongs to him. It may freeze the RESERVATION until the MEMBER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the PLATFORM has the right to cancel the RESERVATION.
(5) In case the member makes the payment stolen/lost or without the knowledge of the cardholder, PLATFORM is subject to Article 17 et al. of the Bank Cards and Credit Cards Law dated 23.02.2006. In case the transaction takes place despite performing the necessary checks accordingly; The 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 that he will immediately indemnify the Company for all losses incurred by the Member due to the inaccuracy of the personal and other information he provided while becoming a member of the Platform and/or not being updated by the Member despite changes in the Member's information. When creating the transfer request, the member has a problem to process the name and surname of the real person who will benefit from the transfer service to the Platform for processing the ID/passport number to the U-ETDS system.
b- The member cannot give the password he received within the scope of membership to any third party for the use of the Platform. All legal and penal responsibility for the use of the password and the means of accessing the system used to benefit from the Platform belong to the Member. The Member accepts, declares and undertakes to comply with all legal regulations and not to violate such provisions while using the Platform. Any legal and criminal liability to be applied to SUNSHUTTLE due to the provision of services to another real person other than the member information on the PLATFORM or the incomplete processing of member information to the PLATFORM shall belong entirely and exclusively to the Member and the person benefiting from the transportation activity.
c- The Member accepts that SUNSHUTTLE can always update the terms of this Agreement without the need for prior notice and/or warning in any form and manner, and that any updated, changed or removed provision will have results from the moment it is announced on the platform.
d- SUNSHUTTLE shall not be held responsible for the unauthorized access of Member information and data, and for any damage to the Member's information and data, despite taking the necessary information security measures.
SUNSHUTTLE is not responsible for any direct or indirect damages that may be incurred due to the use of the e-Platform by the Member.
f- The Member accepts and declares that SUNSHUTTLE has no duty (such as a mediator or arbitrator) or responsibility in disputes between him and the Driver, and that SUNSHUTTLE has no responsibility within the scope of the Transport Service offered by the Driver, and that the only interlocutor is the Driver regarding these issues, and commits. In addition, the member cannot hold the Company responsible for the actions they have taken against each other regarding the transportation service agreement with the driver or the agreement they may sign externally, SUNSHUTTLE is not a party to the said transportation service agreement or any agreement they will sign externally, the operator, the employer and/or the performer. accepts and undertakes that he/she does not have an assistant or similar title.
g-Members cannot transfer their rights and obligations arising from this Agreement without the approval of the Company. In the event that the Company transfers its rights and obligations arising from the Agreement to third parties, the member undertakes in advance to accept this situation.
h- In case the Member violates the provisions of this Agreement, the criminal and legal liability arising from the violations personally belongs to the Member. The Member will keep the Company free from all damages, lawsuits, claims and claims that may arise due to its violations. Moreover; The Company reserves the right to claim compensation from the Member due to such violations.
i-The Company always has the right to unilaterally suspend or terminate the Member's membership and delete all information, data, documents and files belonging to the Member, without assuming any responsibility and without having to pay compensation. SUNSHUTTLE reserves the right to change the scope of the Service, the content of the Platform, its design and software at any time, change, stop or terminate any service provided to the Members, and delete the user information and data registered on the Platform at any time.
j- The member will share the location information with the PLATFORM administrator while using the PLATFORM. When the PLATFORM is closed (running in the background), location information can be used to better serve the Member. In case the member does not share the location information with the PLATFORM, the member cannot avoid making the payment in case the service is incomplete or the service is not provided.
k- The MEMBER cannot use the website of the PLATFORM and the MOBILE APP in any way, in a way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, and infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
l- If the MEMBER chooses the Shared journey method, the Platform owner agrees in advance that he is not responsible for a theft in the vehicle.
m- If the MEMBER has chosen the shared travel method from the system, he cannot accept that he has not chosen it, and cannot request the cancellation of the reservation by requesting that a special vehicle be allocated to him.
o- The MEMBER cannot request to be dropped off at an address other than the address to which he/she will go in the shared travel method.
ARTICLE 7- TERM OF AGREEMENT, TERMINATION AND PERMITTED MARKETING APPROVAL
a- This Agreement will enter into force on the date of acceptance and will remain in effect until terminated by the parties.
b- The Parties may terminate this Agreement at any time with a notice of termination on 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 to be presented to him by the PLATFORM in this contract, to be forwarded to him, he can cancel the marketing permission of the PLATFORM at any time by sending an e-mail to info[at]sunshuttles.com.
ARTICLE 8- RIGHT OF WITHDRAWAL
MEMBER, pursuant to article 5.(a) 2 of this contract, until 3 hours before the local RESERVATION time; can use the right of withdrawal up to 6 hours before the reservation. There is no right of cancellation, change or withdrawal on shared journeys. In case of non-compliance with the specified RESERVATION hours, the MEMBER has no right of withdrawal or change.
ARTICLE 9 - PROTECTION OF PERSONAL DATA
The personal data of the MEMBER can be verbally transmitted through various means such as the website, social media channels, by automatic or non-automatic methods, depending on the service provided and the commercial activity carried out by the PLATFORM, within the scope of the Law on the Protection of Personal Data No. 6698 (KVKK). may be collected in written or electronic media and processed by PLATFORM as a data processor. The data will be stored for as long as the MEMBER's purpose of providing this information is valid and for the legal periods in the legislation, in cases where the relevant legislation requires the Data to be kept. At the end of these periods, the data will be deleted, destroyed or anonymized officially or upon the request of the MEMBER pursuant to Article 7 of the KVKK. PLATFORM takes the necessary security measures to prevent the stored and recorded data from being lost, not falling into the hands of unauthorized persons and preventing illegal use.
ARTICLE 10- DIFFERENT PROVISIONS
a- The terms and conditions to be announced on the https://sunshuttles.com website for the provision of services by SUNSHUTTLE constitute an annex and an integral part of this Agreement.
b- All kinds of duties, fees and taxes arising from this Agreement shall be paid equally by the Parties.
c- The Parties may not transfer or assign the arising or future receivables arising from this Agreement to third parties under any circumstances without the written consent of the other Party.
d- SUNSHUTTLE may announce any changes in the Agreement on its website and/or publish new versions to be effective on the date of publication.
e- The Member shall comply with the laws and rules of VISA, Mastercard and other payment card institutions and authorities (U.S.A., T.C.M.B. etc.) and the rules and procedures prepared by SUNSHUTTLE.
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 through the Platform or the Management Interface will be accepted as an evidential contract between the Parties.
h- When the MEMBER performs the membership process on the PLATFORM, he/she is deemed to have accepted all the terms of this agreement. The PLATFORM is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the MEMBER before the RESERVATION takes place.
i- The parties have accepted the authority of Istanbul 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, the notifications and notifications to be made to the addresses specified in this agreement will be valid notifications. SUNSHUTTLE will make notifications to the Member within the scope of this Agreement via e-mail to be sent to the specified address of the Member at the times specified in the Agreement. However, pursuant to Article 18/3 of the Turkish Commercial Code, notifications regarding default by the other party or termination of the Agreement shall be made through a notary public, registered letter, telegram or registered electronic mail system using a secure electronic signature.
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