Distance Electronic Ticket Sale And Passenger Transportation Agreement

DISTANCE ELECTRONIC TICKET SALE AND PASSENGER TRANSPORTATION AGREEMENT
 
ARTICLE 1 - PARTIES:
 
ARTICLE 1.1- SELLER    :
Title: Abi Turizm Taşımacılık Tic.  (Abi Tourism Transportation Trade Co. Ltd.) (Abitravel)
Address: İslamlar Mah.Akbel Sok. No.472 Kaş, Antalya
Tel: +90 242 844 26 94
E-mail: [email protected]
Hereinafter referred to as “SELLER”.
 
ARTICLE 1.2- BUYER   :
The person who purchases the passenger transportation ticket from the website "https://online.abitravel.com.tr//", who is named in the ticket in accordance with the information entered on this website and to whom the passenger transportation service will be provided. Hereinafter referred to as “BUYER”.
 
In the event that the credit card holder and the person who will receive the service, that is subject to the ticket, are separate persons; both the person who owns the credit card on which the ticket price is paid and the person who will receive the service are the buyer party of this agreement. According to this agreement, both persons declare and undertake that they will fulfill the rights and obligations arising from this agreement by gaining the title of buyer.
 
The Buyer declares and undertakes that the information he/she has given is correct, that he/she will comply with all the rules specified in this agreement during the service provided and that he/she will fulfill all the obligations of this agreement.
 
ARTICLE 2- INTERNET SITE:
The address of the website where the seller sells the "passenger transportation ticket" under the provision of this agreement is "https://online.abitravel.com.tr//".
All tickets reportedly sold by the seller outside this website are void.
"https://online.abitravel.com.tr/" hereinafter referred to as "website" in this agreement.
 
ARTICLE 3 - SUBJECT MATTER OF THE AGREEMENT
The subject of this agreement is to determine the procedures and principles regarding the sale of passenger transportation tickets and the passenger transportation service provided by the SELLER to the BUYER electronically through the https://online.abitravel.com.tr/website. In this respect, the provisions of the Act on the Protection of Consumers with no. 4077 ("the Act") and the Regulation on Distance Contracts dated 27.11.2014 ("the Regulation") are taken as reference.
 
ARTICLE 4 - INFORMATION AND DELIVERY OF GOODS/PRODUCTS/SERVICES SUBJECT MATTER OF THE CONTRACT:
The services subject matters of this agreement are the sale of electronic tickets through the website on the transportation of passengers by vehicle and the provision of passenger transportation service to the buyer on whose behalf the electronic ticket is issued. The ticket consists of the seller's name, title, clear address, telephone, internet access information, MERSIS number, basic characteristics of the service subject matter of the agreement, sales price, payment method, place of boarding, place of destination, travel date, departure time, information at the time the order on the seller's website has been concluded. The ticket is also sent to the buyer's e-mail address. As soon as the buyer finalizes the ticket order specified in this agreement through the website, it is considered that the ticket subject matter of the agreement has been RECEIVED. Upon delivery, it is deemed to have accepted and undertaken that he/she will comply with the rules in the agreement and fulfill his/her obligations.
 
ARTICLE 5- COMMITMENT AND RESPONSIBILITY OF THE BUYER:
The buyer gives the necessary confirmation electronically that he/she has read and is informed about the basic qualities of the passenger transportation ticket subject matter of this agreement, passenger transportation rules, sales price and payment method and all information regarding delivery. The buyer accepts and undertakes that he/she has read this agreement and passenger transportation rules at the time of purchasing the ticket, that he/she will comply with all the rules contained in the agreement, and that he/she will fulfill all of his/her obligations.
 
The buyer agrees and undertakes that in the event that the buyer does not comply with the rules specified in this agreement and does not fulfill its obligations in accordance with the rules specified in the agreement, the seller may terminate this agreement immediately without any notice, reserving all rights.

All damages arising from the buyer's failure to comply with this agreement belong to the buyer itself.
 
Tickets purchased pursuant to this agreement are for the exclusive use of the person named on the ticket and can only be used personally. The buyer accepts and undertakes that the information entered on the website is correct and that he/she has purchased a ticket to be used by the person named on the ticket. If the person named on the ticket and the person who wants to receive the service are found to be different, the buyer accepts and undertakes that the seller has no responsibility arising from this agreement and may terminate this agreement without any further notice.
 
ARTICLE 6 - RIGHT TO WITHDRAWAL
Since the articles written under the title of "Section Three" regulating the "Use of the Right to Withdrawal and the Obligations of the Parties" of the Regulation are not applicable to the " Passenger Transportation Services", the BUYER has no right of withdrawal.
 
ARTICLE 7- BOOKING, TICKET AND TRANSPORTATION RULES :
1 - Tickets are personally owned and cannot be transferred to anyone else.
2 - After the scheduled departure time, no booking changes are made, tickets are not canceled and no refunds are made.
3 - The passenger is obliged to present the credit card used for the purchase to the authorities at check-in (in the vehicle when receiving the boarding pass).
4 - The passenger agrees to obey the in-vehicle order and the captain's instructions.
5 - The passenger should be ready at the departure area at least 15 minutes before the departure time of the vehicle.
6 - The Seller reserves the right to make any changes in the itinerary.
7 - All disputes related to the transportation shall be resolved in Kas Courts in accordance with the current tariff conditions and Turkish Laws and Legislations.
8 - Due to problems beyond the control of the Seller, services may be stopped, changed or the duration of the services may be extended. The Seller is not responsible for any costs or inconveniences, including transportation, accommodation and food expenses, which may arise from these and similar delays and cancellations beyond the control of the Seller.
9 - Any woman who is more than six months pregnant is responsible for her own safety while traveling in the vehicle.
10 - The seller shall not be liable for any injury or death, damage or loss to vehicles, luggage or personal belongings, unless it is proven by the judicial courts established in Kaş that it is caused by the fault or negligence of the seller. The Seller shall not be liable for injury, death, loss or damage caused by terrorism, riots, civil war, acts of God, natural disasters or acts of malicious intent by third parties.
11 - The transporter cannot be held responsible for passenger belongings lost in the vehicle.
12 - The ticket fare is only for the transportation between the departure and arrival route. Tickets can only be used for the route indicated on the ticket. The routes on the tickets are definitely not subject to change. It does not cover any other service provided unless an additional fee has been collected by the Seller.
13 - In case the fee is paid in a currency other than the announced currency, the evaluation will be made on the basis of the Central Bank Foreign Exchange Buying Rate at the time the electronic ticket is purchased.
14 - A specific seat number is not guaranteed inside the vehicle.
15 - The seller shall be held liable only in the event of damage to the passenger or baggage caused by its own fault. If the passenger has a contributory fault, the seller's liability may be mitigated or removed subject to the provisions of the legislation.
16 - The Seller shall not be liable for any damage to breakable and perishable items, money, jewelry, precious metals, silverware, promissory notes or other commercial valuable papers, passports and other identification documents or specimens in the baggage.
17 - In the transportation of a passenger whose age, mental or physical condition creates a danger or risk to him/her, the seller shall not be liable for any illness, injury or disability, including death of such passenger due to or aggravation of the aforesaid conditions.
18 - Please do not forget to print out your online ticket in order to facilitate your check-in at the vehicles.

ARTICLE 8- REFUSAL AND LIMITATION OF TRANSPORTATION
The Seller may refuse to carry the passenger and/or passenger baggage for security reasons or by using its discretion in the following and similar cases:
     - Passenger behavior, age or mental or physical condition,
     - If it requires special assistance from the seller,
     - Causes inconvenience or objections from other passengers, or presents any risk or danger to other persons or property,
     - If the passenger's failure to comply with the seller's instructions makes such a refusal necessary,
     - If the passenger has refused the security check,
     - In case the passengers are under the influence of intoxicating substances and/or narcotic substances, in case they arrive at the boarding terminal in a state that may affect the safety and comfort of the other passengers and the trip,
 
Passengers who have been refused transportation shall not be refunded the ticket price and shall not be compensated in any way by the seller.
 
ARTICLE 9- ITEMS NOT ACCEPTED AS BAGGAGE :
1 - It is forbidden to carry firearms and ammunition used for the purposes other than hunting and sports as baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as registered baggage to the extent that they comply with transporter rules. Firearms must have their safety on, be  unammunitioned and properly packaged.
2 - The seller may refuse to carry any object as baggage due to its size, shape, weight and nature.
3 - The seller may refuse to carry the baggage if it is not placed in bags, suitcases or other suitable containers so as to ensure safe transportation with normal care.
4 - Passengers are entitled to free of charge baggage.
5 - At the arrival point, passengers can pick up their baggage after all the baggage has been unloaded from the vehicle.
6 - Prohibited substances such as drugs are certainly not carried. In case it is detected that it is being transported, the responsibility belongs entirely to the person carrying it.
 
ARTICLE 10- TRANSPORTATION OF ANIMALS :
1 - Animals such as dogs (except dangerous dogs such as American pit bull terrier, American staffordshire terrier, bull terrier, staffordshire bull terrier, Japanese tosa, dogo argentino, doberman, rottweiler, etc.) and cats that have valid vaccination and health certificates, entry permits and other documents required by Greece may be accepted for transportation, provided that it has been agreed in advance with the seller.
 
ARTICLE 11- CANCELLATION OF THE TRIP AND FARE REFUND TERMS :
1 - The seller cannot be requested to change the passenger, date, time and route information of the electronic tickets purchased according to this agreement. The Buyer hereby accepts and undertakes that he/she will not change the ticket purchased according to this agreement in any way after the sales confirmation and will not request a refund.
 
 ARTICLE 12- WEBSITE TERMS OF USE :
1 - All rights and disposition authority of the website that is the subject matter of this agreement belongs to Abi Turizm Taşımacılık Tic. LTD. ŞTI. (Abitravel), and the person who enters and uses the site is deemed to have accepted the terms of use and agreement of the site. Abi Turizm Taşımacılık Tic. LTD. ŞTI. (Abitravel) reserves the right to change any information on the site, including the terms of the agreement. The changes take effect as soon as they are published on the website.
2 - Booking and ticket terms and conditions are being published on our website.
3 - It is possible to link to other sites through the website. Abi Turizm Tasimacilik Tic. LTD. ŞTI. (Abitravel) does not guarantee the accuracy of the information on the linked site and does not make any commitment. Any damages that may arise from the use of those sites are at the user's own risk.
 
ARTICLE 13- PRIVACY
 
Article 13.1 Privacy Policy
Personal information transmitted to ABİ TURİZM (Abi Turizm Taşımacılık Tic. LTD. ŞTI.) is used within the scope of the terms stated in the Privacy Policy section.
 
Article 13.2 Privacy Procedure
Information about the obligations and principles of Abi Turizm Taşımacılık Tic. LTD. ŞTI. is given under the personal information heading. Abi Turizm Taşımacılık Tic. LTD. ŞTI. confirms that all relevant rules will be fulfilled completely. Thus, based on the personal information collection principles set out below, care is taken to ensure that any information collected is stored under strict security and privacy measures taken by our team. Our website contains links to sites that can demonstrate that they are sufficiently sensitive to privacy and meet our standards. However, Abi Turizm Taşımacılık Tic. LTD. ŞTI. has no responsibility for the content or privacy practices of such sites.
 
Article 13.3 Procedure for Collecting Personal Information
The Buyer hereby agrees that the information obtained through our website may be used for the security and accuracy of his/her transactions and for Abi Turizm Taşımacılık Tic. LTD. ŞTI. as well as for affiliated companies, partners and agencies. It is mandatory to provide some personal information that may vary according to the product or service requested, including but not limited to name, surname, identity document number, address, credit/debit card numbers, expiration date, security number, passport number, nationality. Failure to provide the seller with the information necessary to carry out the transactions may prevent the performance of the service to the buyer. The information of the recipient may only be used for the purposes stated:
     - Processing the booking and sale and managing the buyer account.
     - Marketing of services and related products.
     - Perform statistics on transactions.
     - Creation of connected lists to maintain the connection with the buyer,
     - Gathering of commercial statistics and analysis on site usage.
     - Identity verification and record creation.
The forms in which information is sent to the seller are protected by SSL technology during the transmission. Once the data reaches to the seller, it is protected by strict security and privacy standards, which are always essential for the seller.
In order to benefit from SSL encrypted messaging, the browser must support SSL and the SSL option should have been activated. The data entered by the buyer is stored by the seller for the duration of the transactions and legal requirements. The site is constantly under development and there are also developments regarding the use of data. Any developments will be reported on the website under the heading " Privacy Terms".
 
Article 13.4 Privacy of Your Booking Records
When a booking is made, the buyer will receive a booking code (PNR). This booking code must be kept confidential at all times. If the booking code provided to the buyer is not kept confidential, others may access the booking information. In case booking is made for a group for traveling with more than one person, the same booking code shall also be on the tickets of the other persons in the group. If it is not desirable for these people to have access to personal booking information, the option to make a separate reservation can also be considered. Any responsibility arising from not keeping the booking code confidential belongs to the buyer and Abi Turizm Taşımacılık Tic. LTD. ŞTI. has no responsibility for third parties accessing the booking code.
 
Article 13.5
The BUYER should not share credit card information with others. The BUYER agrees that he/she shall be personally and solely responsible for the security of this information and that the SELLER shall not be responsible in any way for the use of credit card information by anyone other than himself/herself. The BUYER accepts and declares that the SELLER does not have any direct or indirect responsibility for all negligence and defects in matters such as the security, storage, keeping away from the knowledge of third parties and use of the credit card information, and agrees and declares to compensate the damage incurred if the SELLER suffers a loss due to its negligence and fault.The BUYER should not share credit card information with others. The BUYER agrees that he/she shall be personally and solely responsible for the security of this information and that the SELLER shall not be responsible in any way for the use of credit card information by anyone other than himself/herself. The BUYER accepts and declares that the SELLER does not have any direct or indirect responsibility for all negligence and defects in matters such as the security, storage, keeping away from the knowledge of third parties and use of the credit card information, and agrees and declares to compensate the damage incurred if the SELLER suffers a loss due to its negligence and fault.
 
ARTICLE 14- COMPETENT and JURISDICTIONAL COURT, APPLICABLE LAW
Turkish Law shall be applied in disputes that may arise from this agreement.
Kas Courts and Enforcement Offices are competent for the settlement of disputes.
 
ARTICLE 15- AMENDMENT
Abi Turizm Taşımacılık Tic. LTD. ŞTI. (Abitravel) may amend some or all of these transportation rules when deemed necessary.
 
ARTICLE 16- PROVISION
In the event that the order is finalized, the BUYER will be deemed to have accepted all the terms of this agreement. The invalidity or unenforceability of any provision of this 16-article agreement shall not affect the validity of the other provisions of the agreement.