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General Conditions
1. Parties
This Membership Agreement is executed by and between 3S Tatil Turizm ve Ticaret A.S., the property owner of the brand “Ev Tatilim.com” located at “Carsi Mahallesi, Atatürk Caddesi No:28/1 Bodrum/Mugla” address (will be referred to as “Ev Tatilim” from then on) and “Member” who ave approved this Membership Agreement and attachments as integral parts of this agreement as well as to conditions and rules set forth on www.evtatilim.com website to become a member of this site and get into force on electronic medium.
2. Definitions
“Site”: means website with domain name www.evtatilim.com and sub-domain names linked to this domain where Ev Tatilim provides services.
“User”: Each real or legal person accessing to the website.
“Guest”: Real and legal person accessed to the “website” and bought services.
“Advertisement Owner”: Real or legal persons renting either property or vehicle via “Website”.
“Member”: Each “User” acknowledging and approving the“Membership Agreement of Ev Tatilim” on www.evtatilim.com website on digital medium pursuant to Regulation on Distance Contracts .
“Membership”: Each “User” willing to be a “Member” should fill membership form on the “website” with true and real information . Without completing membership procedure, no one will have rights and authorities of being a “Member”. Rights and obligations of membership belong only to the applicant; such rights and obligations cannot be transferred to third parties partially or fully. “Membership” application can be refused by “Ev Tatilim” without indicating any reason or additional conditions may be requested. If deemed necessary by “Ev Tatilim” “membership” status of any “Member” can be terminated; “Membership” application of previously terminated members may be rejected.
"Membership Agreement” is the electronic contract consisted of terms and conditions and attachments available on the “website” which is executed on electronic medium upon approval of user declaring that he/she read and understood said “Membership Agreement” that has attachments which are integral parts of such agreement.
"Ev Tatilim Membership Account": is Member” specific internet pages where Member performs necessary procedures to make use of services provided by the “website”, makes requests to Ev Tatilim regarding “Membership as well as observing reports on provided services by updating “Membership Information” by using “user name” and password” determined by himself/herself and declared commitment to use such exclusively only by him/her.
“Ev Tatilim Services” ("Services"): are the applications offered by “Ev Tatilim” in order to enable the “Member” necessary acts and actions defined in this “Membership Agreement” on the “Website”. “Ev Tatilim” may anytime make changes and/or adjustments on the “Services” provided on the “Website”. Rules and conditions that “Member” is obliged to comply with related to made changes and/or adjustments are announced on the website, announced cterms and conditions get into force as of the date of their announcement on the “website”.
“Content”: Visual, literary and auditory images including all kinds of information, text, file, picture, video, figures etc. published on the “Website” and accessible by users.
"Ev Tatilim Interface" : Internet pages transmitting commands to computer software in order to perform all kinds of possible acts and actions n the Website within designs intellectual property of which belong to “Ev Tatilim” under the scope of Law on Intellectual and Artistic Properties no: 5846 , which are used by Users in order to inquire the content created by Ev Tatilim and “Members” from “Ev Tatili Database” and to be visualized by Users.
“Ev Tatilim Database”: means the database, in which accessible contents of the “Website” are stored, sorted, inquired and accessed, which are the property of Ev Tatilim and protected pursuant to Law on Intellectual and Artistic Properties Law no: 5846.
“My Reservations” page: “Member” specific page where Member can perform actions to make use of “Services” like renting house, boat and car available on the “Website” and which is accessible only with user name and password determined by the “Member”.
“My User Information” page: “Member” specific page where Member can perform actions to make use of “Services”, where member can enter personal details, preferences, required information specific to application requested and which can only be accessed with user name and password determined by the “Member”.
“Personal Data”: Pursuant to article 3/d of Law on Protection of Personal Data no: 6698, all kinds of information of an identified or identifiable real person are sensitive personal data defined in article 6/1 of the same law.
“Sensitive personal data”: Race, ethnical origin, political ideas, philosophical belief, religion , sect or other beliefs, appearance, membership to association, foundation or union, health, sexsual life, criminal records and data related to security measures andbiometric and genetic data of persons are their sensitive personal data.
3. Subject and scope of “Membership Agreement”
This “Membership Agreement” determines the services offered on the “website, conditions of use of such services and rights and obligations of parties. All warnings, notices, applications and explanations made by “Ev Tatilim” related to use, membership and services set forth on the “Website” are under the scope of “Membership Agreement”. “User” by accepting the provisions of this “Membership Agreement” agrees and undertakes to comply with all kinds of statements made by “Ev Tatilim” related to use, “Membership” and “Services” specified on the “Website”.
4. Membership Conditions
4.1 In order to be a member of the “Website”, it is required to be at full age and should not be suspended from membership, temporarily inhibited from membership or permanently forbidden from membership definetely. "
4.2 “Ev Tatilim” may terminatethis “Membership Agreement” unilaterally to be effective immediately without indicating any reason, without serving any notice or without any obligation such as indemnity or penalty, Membership of the “Member” can be deleted or may be suspended temporarily. Cases of conflict with rules set forth on the “Website”, “Member” risking information security system of “Ev Tatilim” are the examples of termination or temporary suspension of membership.
5. Rights and Obligations of the Parties
5.1 Rights and Obligations of “Member”
5.1.1 “Member" agrees and undertakes to comply with rules, statements specified on the “Website”, all current legislation and ethical rules, that he/she had understood and approved provisions of “Membership Agreement” and all terms and conditions on the “Website”.
5.1.2 "Member” agrees and undertakes that “Ev Tatilim” is authorized to disclose secret/ private/ personal data- sensitive personal data/commercial information of the “Member” when “Ev Tatilim” is obliged to do so pursuant to rovisions of current legislation; that he/she will not claim any indemnity from “Ev Tatilim” under any name whatsoever for this reason. Other than this in case of any notice served to “Ev Tatilim” claiming that “Member” is violating rights of a person/ institution by means of advertisements he/she entered on the website and states that they will initiate legal case; name-surname declared by the “Member” may be disclosed to relevant party.
5.1.3. Membership registration is completed upon entry of identity details of the “Member” on the website and upon confirmation of e-mail sent to e-mail address of the “Member”. Everyone completing membership registration process is deemed to be a “Member” of the “Website”. This agreement is valid for all members; I is considered that it became effective upon completion of membership registration for new members while it is effective as od the date of approval for former members. It is own responsibility of the “Member” to maintain security of “user name” and “password” that they use to enter “Membership Account of Ev Tatilim”, to ensure exclusive and sole use of such only by themselves and to protect from thirs parties. “Member” is liable for all material and/or spiritual damages that other “Members” and/or “Ev Ttilim” and/or third parties suffered or will suffer due to their negligence or fault on this matter.
5.1.4. "Member" agrees and undertakes that information and content provided on the “Website” by him/her are correct and legal; that publication of such information and contents on the website or sales and display of products linked to such content do not create any conflict with laws in line with current legislation. “Ev Tatilim” is neither liable or obliged to verify correctness of the information and contents transmitted to website or entered by the “Member” to the website nor can be held liable for any damage sue to wrong or misleading nature of such information or due to their publication on the “website”.
5.1.5. "Member" cannot transfer this “Membership Agreement” or rights and obligations under the scope “Membership Agreement” to third parties partially or fully without prior written consent of “Ev Tatilim”.
5.1.6. “Member” can perform transactions on the “Website” for legal purposes. “Member” is responsible for legal or criminal consequences of each act or action performed on the “Website” by the “Member”. “Member” agrees and undertakes that he/she will not reproduce, distribute, copy, process or transfer to another database the pictures, texts, visual or audio figures, videos, files, databases, catalogues and lists available on the website by violating real or personal rights, assets, personal data of “Ev Tatilim” and/or another person and not to install nto the “Website” so as leading similar consequences, not to carry commercial activities by performing these kinds ofacts and actions; that he/she will not perform acts and transactions leading to unfair competition either directly or indirectly through such acts and actions or otherwise. “Ev Tatilim” cannot be held liable directly or indirectly in any way whatsoever due to damages incurred or may be incurred by third parties as a result of acts and actions of “Member” performed on the “Website” in contrary to the provisions of this “Membership Agreement” or against laws.
5.1.7. “Ev Tatilim” is allowing “Members” to view the advertisement only to learn the contents of the advertisements and to use “Ev Tatilim Interface”; except this purpose, trying to reach some or all of the advertisements, copying of advertisements partially or fully, publishing them on other medium directly or indirectly, processing, compillation, transferring to other databases, to make them accessible or usable by third parties on such database, to provide link to advertisements on “Ev Tatilim” or similar actions are not permitted or approved by “Ev Tatilim”. These kinds of actions are violating laws; “Ev Tatilim” reserves the right to make necessary request, to file lawsuit and to enforce.
5.1.8. “Member” accepts and undertakes that “Ev Tatilim” has no responsibility for the defects in the goods or services he/she had bought from third parties; that the addressee for all kinds of claims and liability under the scope of Law on Protection of Consumers and relevant other legislation is the seller of such goods and services; that she/he reease “Ev Tatilim” from all kinds of liability and obligations related to such defects.
5.1.9 “Member” is assumed to accept that the specifications specified and promised on the advertisements provided on the “Website” are correct. In case of unavailability of any specification mentioned on the advertisement in the goodor services subject to rent and if this is documented by the “Guest” “Advertiser” undertakes to be obliged to refund the amount of reservation to the guest. “Advertiser” is assumed to declare that all written-visual information provided on the “Website” related to offered good or service advertised are true.
5.1.10 Identity details )like ID card, passport) provided by the guest during reservation process is not related with “Website” anyway; such details are requested by “Advertiser” in order to prevent any robable problem during reservation pursuant to paragraph 1 of Article 2 of Identity Informing Law no: 1774. “Guest” should provide requested information and documents (ID card, passport) truly. In case of misleading statements, right of termination of reservation by “Advertiser” is reserved. Guest is responsible for the accuracy of provided information. Payment will not be refunded for terminated reservations due to providing unreal information.
5.2. Rights and Obligations of "Ev Tatilim"
5.2.1. "Ev Tatilim" provides a virtual marketplace offering its “Members” the possibility to rent short term residence, short term boat, short term car, vehicle transfer services and to buy such services over internet. “Ev Tatilim” accepts, represents and undertakes to establish and operate necessary technological infrastructure necessary to offer services specified in this “Membership Agreement” in line with explanations made under “Ev Tatilim Membership Account” and within the scope of conditions set forth in this “Membership Agreement”. The obligation to establish necessary technological infrastructure specified in this clause is not an unlimited and complete service obligation; “Ev Tatilim” may suspend or stop specified services in “Membership Agreement” and its technological infrastructure at any time without serving any notice.
5.2.2. "Ev Tatilim" reserves the right to change the services and contents provided on the “Website” at any time; to make information and contents recorded to the “Website” by “Members” inaccessible by third parties including users of “Website” or to erase such information. “Ev Tatilim” may exercise this right without granting any grace period and without serving any notice. “Members” must urgently make necessary changes and/or corrections requested by “Ev tatilim”. “Ev Tatilim” may make necessary changes and/or corrections if deemed necessary. Damages, legal and criminal penalties aroused or may arise due to failure to fulfill change and/or correction requests of "Ev Tatilim" timely lies completely with the users.
5.2.3. The users are not allowed to add a link on “Website” to another website written or visual in any way whatsoever. “Advertiser” cannot provide link to another site in areas allocated for advertisement. “Members” cannot write any link address, abbreviation, etc., to direct users to another website in areas allocated to write comments and assessments related to advertisements; cannot make any similar action to realize this function.
5.2.4. "Ev Tatilim" may delete the messages, contents violating functioning of the “Website”, law, rights of others, conditions of “Membership Agreement”, protection of personal data, general ethical rules at any time and in any manner; “Ev Tatilim” may cancel membership of any “Member” recording such message and content without any notice.
5.2.5. "Ev Tatilim" and employees and managers of "Ev Tatilim" have no obligation to research and control the accuracy, quality, legality, reality, correctness of the contents provided by “Members” and “Users” on the “Website” and the products and services offered for rent.
5.2.6. "Ev Tatilim", is operating as “hosting provider” under the scope of “Law on Regulation of Publications made on Internet Medium and Fighting against Crimes Committed by means of such Publications” and based on permission dated 17.01.2013 with Document no: 581 of Directorate of Communications of Telecommunication Management in line with above Law.
6. Confidentiality Policy
6.1 “Ev Tatilim” can use information of “Members” on the “Website” under the scope of “Membership Agreement” and within ANNEX-1 Condifendiality Policy which is one of attachment and integral part of this “Membership Agreement”. “Ev Tatilim” may disclose or use confidential information of “Members” to third parties only based on conditions set forth in Confidentiality Policy.
6.2. Data of “Member” which may constitute personal data and entered to Website are collected by “Ev Tatilim” to allow use of functions of “Website” and for above mentioned purposes. “Member” agrees, represents and undertakes that collection, processing and transmission of such data is primarily a mandatory factor for functioning of the Website otherwise it would be impossible to make use of services and specifications offered on “Website”.
6.3 “Member” agrees and declares that he/she have clear consent to the collection, processing and transmission of personal data in line with the purposes specified in this agreement and specifically in each of attachments related to the use of personal information and/or for the use of functions of the “Website”. For detailed information of Protection of Personal Data please visit ANNEX-1 Confidentiality Policy.
7. Cancellation Policy
7.1 “Advertiser” can prefer cancellation process related to service according to this “Membership Agreement” and ANNEX-2 Cancellation Conditions, one of attachments and integral part of “Membership Agreement”. “Guest” may perform cancellation process in line with cancellation conditions preferred by “Advertiser”. .
7.2 After “Guest” performed reservation process, he/she will be deemed to read and understood Cancellation Condition specified in the advertisement. In cases where “Guest” wants to cancel reservation, “Advertiser” refunds the fee according to cancellation procedure as clearly specified in the advertisement.
7.3 Only, under following conditions, “Member” has the right to cancel reservation unconditionally.
* In case of inability to contact advertiser until 6 hours before reserved time by the gues or by guest services of “Ev Tatilim”,
* Death of family member (evidence required)
*Natural disaster in the region of visit
8. Right of Withdrawal
Pursuant to paragraph (g) of article 15 of Regulation on Distance Contracts issued based on clauses 48 and 84 of Law on Protection of Consumers no: 6502, consumer cannot exercise right of withdrawal for contracts on lodging, good transport, car rent, suppy of food-beverage or other recreational purposes that should be made at a specific time or period.
9. Taxation and Invoice
9.1 Invoice in the amount of cost of service is issued by “Ev Tatilim” for reservations made on “Website”.
9.2 “Advertiser” is obliged to submit declaration for rental income. Advertisers who are not tax obligors cannot issue invoice but make tax declarations.
9.3 “Advertisers” and entities holding operating certificate or commercial facilities are obliged to issue invoice to the guest for the fees collected from guests via “Website”.
10. Validity
This “Membership Agreement” and attachments referred to in “Membership Agreement” and which are integral parts of “Membership Agreement” and rules and conditions set forth on the “Website” gets into force by executing on electronic medium upon approval of “Member” electronically. Invalidity, illegality or unenforcability of any provision of “Membership Agreement” will not affect validity of remaining provisions of “Membership Agreement”.
11. Attachments of “Membership Agreement”
“Member” declares and undertakes that ANNEX--1 Confidentiality <Policy and ANNEX-2 Termination Conditions are integral parts of this “Membership Agreement”, that he/she read and understood the contents; that he/she unconditionally accepted to act in compliance with “Membership Agreement” and its attachments and rules and conditions published on the “Website by being a “Member”.