Distance Sales Agreement

PLATFORM USER AGREEMENT
COMPANY INFORMATION
Agency Certificate Number : A Group / A-9144
Authorization Certificate Type: D2
Authorization Certificate No: İST.U-NET.D2.34.2478
Agency Title : HİT TRANSFERTAŞIMACILIK VE KONGRE
ORGANIZASYON ÇÖZÜMLERİ LTD ŞTİ
Agency Address: Oruç Reis Mah. Tekstilkent B 9 Blok No10 AA İçkapı No:
110 Esenler / İSTANBUL Agency Phone : +90 (212) 438 52 11 Fax : +90 (212)
438 52 13 Agency Mail : info@hittransfer.com Agency Tax
Office: Atışalani VD 463 051 0378

ARTICLE 1- PARTIES
This is the contract of use, on one side, Oruç Reis Mah. HİT
TRANSFERTAŞIMACILIK VE KONGRE ORGANİZASYON ÇÖZÜMLERİ
LTD (hereinafter referred to as HİT ) and the user who is a member of the
platform (hereinafter referred to as MEMBER), residing at Tekstilkent B 9 Blok
No10 AA İçkapı No: 110 Esenler / İSTANBUL . HIT and MEMBER together
will be referred to as PARTIES.
ARTICLE 2- CONTRACT PURPOSE AND SUBJECT
The subject of the present Convention HIT 's through the platform owned
by members of the Turkey and abroad will buy and use conditions to determine
the utilization of transportation services.
ARTICLE 3- DEFINITIONS
"Service" Members and Road Transport Services companies providing driver,
preparing possibilities to come together, bringing on the platform and in this
context the Members of free will by choosing the provisions
yla HIT with transport they conclude / logistics services refers facilitating
services in to perform the requirements of the agreement;
"Platform"; MOBILE APPLICATIONS: Transport buying service, payment
method and use of procedures and principles are shared with its members, which
enables wireless connectivity, Mobile Phones, tablets nor vi are supplied written
for HIT 'to custom software.
INTERNET SITE: It is a desktop computer, laptop, P c etc. that can connect
with a special internet browser where the procedures and principles
of transportation service purchase, use and payment methods are shared with the
Member . written for devices HIT 'to custom software.
"Platform User Cost" Company of the approval of the members through the
platform and buy the case and said Transportation Services in exchange for the
realization of the rights won by service charges or conditions canceled the
following and duration of HIT for what does not belong to
cancellations, the entitlement will cost.
"Reservation": The starting location, start time, route, destination member or
passenger information s entered by a Member of HITS 'to own mobile
application and / or costs of shared transport with members from the
website included with all the information, said correctness Member The entire
records made for the realization of the transportation and logistics services
accepted by the Member after the payment of the service. expresses ;
"Official Authority" means any kind of judicial or administrative authority,
official, semi-official or autonomous institution, organization, commission and
board;
"Drive" with their Members met via the mobile application via
Platform HIT transportation from / logistics services pursuant to agreements,
domestic and foreign roadway private passenger stone according to ımacılıg
provisions, HIT authorized by commercial companies, producing behalf and on
behalf of service to Members on transport services refers to drivers who offer;
"Transport Service" refers to the service constituting the transport / logistics
service to be provided to the Member on behalf and account of the company to
which the Driver is affiliated, pursuant to a transport service contract to
be concluded between the Member and the HIT by means of the
Platform . Transport service: All of the transportation and logistics services
provided by the HIT to the Member for the purpose of travel,
whose starting place, starting time, route, destination, Member or passenger
information is entered by the Member . Details are given below.
"Shared Vehicles" are vehicles that can be traveled collectively with our other
customers by providing preliminary information to our customers in order to
provide uninterrupted service to our customers on very busy routes or
non- busy routes .
“Shared Passenger” is our customers traveling together on multiple trips.
Of pre-sales service presentation: Mobile and presented via the Internet, the
definition of service and product content at the specified conditions and
qualifications and with all the details of MEMBER 's clearly any misleading to
understand the multiple meanings and missing content not found, Transportation
Services and Logistics Support Services and information offering price details.
After sales services;
Approval of the services and information: 3.1.1 the member submitted, and
given the approval of the purchase by the MEMBER, Mobile related services
have been paid for and via the Internet follow your lead sharing of information
could, of reservations entered during the payment to be made, information SMS
and email HIT with by approval and sharing information about the approval.
Realization of the service : The implementation of customer counseling and
communication support services 24 hours a day, 7 days a week, together with
sharing the vehicle, driver and contact information before and during the
aforementioned transportation service.
ARTICLE 4-MEMBERSHIP
A - Membership, HIT 's Mobile and requested that information through Internet
applications, complete, and accurate filling and job gains the right to use the
user following the signing of this agreement. Membership is gained
by completing the membership procedures on the Platform (and concluding this
Agreement ). MEMBER is underage, he read the contract, you understand,
rights and obligations is aware of URLs, HIT ' s transport service companies
providing the Member of transportation services through the
Platform agency firms that is, the platform operated by that company, the
services of the road transport rules appropriate company driver or f It accepts
that the HIT is jointly responsible with the company that produces the road
transport service due to the material and moral damages caused by the service
and the defective service, and that this contract does not contain any unfair
terms.
b - The member is deemed to have accepted in advance that the mobile phone, email address and all other information requested by the HIT are up-to-date and
in use. Member accepts and declares that the content of membership information
is in accordance with the laws and moral rules. Otherwise, in addition to the
information requested by the HIT for Membership , HIT has the right to request
additional information regarding the service required by the member, to expand
its content and to request it again without showing any other reasons for its
Membership .
c - HIT has the right to develop plans and programs by using the membership
information in question, the roaming and usage information of the Member on
mobile or internet, the meaningful data and analysis of this information. It
may share all these usage information with third parties , without being limited
to the development of the said plans and programs .
d - In line with the requests of the official institutions and organizations,
the HIT may share the said membership and usage information with official
institutions and authorities without the approval of the Member , but only on the
condition of providing information.
e Members that buy their services on behalf of itself and platforms additional
passengers or passengers and determined out of any breach of the terms of the
Law of the Republic of Turkey, banned so declare in advance whether the status,
acceptance and commitment.
f - Member can exit from HIT 's Mobile and Internet application at any
time. The member can make his / her request to unsubscribe from the
membership without any approval other than the EXIT transactions in the
Mobile and Internet application. The termination process does not allow
the Member to waive the obligation to fulfill the current responsibilities of the
completed Services .
g- Member, HIT 's him via SMS, email and other contact points with the
purpose of his marketing and advertising Commercial Communications and
Commercial Electronic Messages pre-marketing authorization under Regulation
verder undertakes declaration accepting the spindle.
Or, when using a mobile application h User application running in the
background bilgis position i HIT to be shared.
ARTICLE 5-GENERAL CONDITIONS
a - TERMS OF USE
(1) The member can make reservations using the HIT 's Platforms , provided
that they are limited to the provinces and countries where HIT provides service
at home and abroad . Said confirmations and rental and only member of the
HIT ' s belirlerle the case of payment by credit card and the payment will be
considered valid. Said payments already ready in force must be in accordance
with the Consumer Law.
(2) The member makes the reservation by approving the Transport Service
request defined in this contract through the platform and making the payment for
the price information specified in this contract . HIT , Member of the call to the
most appropriate location on the Drivers communication and identification
information and the details known to the Member shall notify. The reservation
may be changed or free of charge may be requested by the Member until the
main departure and arrival points of the transportation service will take place in
the same city until 3 hours stay, or 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 specified in the aforementioned conditions ,
the reservation has been made and HIT will not refund the platform usage fee
for the reservation made 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. Cancellations has realized Members from time to comply with any
rights telepen deemed to have accepted that.
(3) If the member has chosen the shared travel method , the trip will take off
from the time and location planned by the PLATFORM owner . Shared ride was
metho n ' the Member to cancel the trip in case of refunds can not be made 6
hours prior to veyahut change.
(3) Members, through the platform to confirm that the service Platforum forest
Operating Cost immediately HIT 'eating and Transport Service is terminated
when the e Transport Bedelia the well immediately HIT ' to be liable to pay. In
addition, the transportation fee and the cost of using the platform will be
determined by HIT , and HIT reserves the right to
change the transportation fee and / or the platform usage fee and calculation on a
case-by-case basis and at its own discretion.
(4) A service fee invoice for the MEMBER will be issued by the HIT for the
Platform Usage Fee and Transport Fee, which is the progress payment amount
in return for bringing the Members and the Driver together through the
platform . Transport Services Bedelia to belong invoices / bills of customers
Nushi a by Members of HIT on demand ' s stored in central address in the
workplace. If the member requests the invoices / invoices to be sent to their own
address, the invoice for the Service will be sent to the user's einvoice electronically. In addition, customer copies of the invoices / invoices
pertaining to the Platform Usage Fee can be sent as an electronic invoice to the
e-mail address provided by the Member when registering with the Platform , if
the Member approves .
(5) HIT will be able to inform the 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 emails to the e-mail addresses of the members and informative SMSs to their
mobile phones . The member declared in advance that he accepts the
information methods to be sent regarding the service or irrelevant.
The member is informed about the campaign, advantage , service evaluation of
the PLATFORM , SMS, e-mail and mobile phone calls to be sent to him within
the scope of customer satisfaction, Commercial Communication and
Commercial Electronic Messages Regulation, etc. undertakes to accept and
declare that it has given authorized marketing approval within the scope of the
laws.
The platform has the approval of the MEMBER for any or all of the Mobile,
Internet and SMS methods (within the scope of the Commercial Communication
and Commercial Electronic Messages Regulation and derivatives) for the
information or advertisement activities regarding the service in question , as
long as the MEMBER is a MEMBER of the Platform. the vessel has declared
that he ul. HIT ' s promotion or be able to exploit the services offered by the
campaign in any process and / or lack of action, promotion or
campaign HIT by at any time may be canceled without any reason, accept that
canceled promotion or campaign referring to has no right to any claim against
the Company and undertakes. The member can eliminate the authorized
marketing approval by sending an e-mail to support@progotravel.com.
b -Complaint procedure
(1) A member HITS by complaints about the service provided a below, and links
in the manner specified HIT 'ye shall notify: info@hittransfer.co My e-mail
address or HIT ' s must be submitted to the address found in Article 1 by sending
registered mail,
(2) The complaint procedure may also be initiated by the member by contacting
the Authorized Personnel via their contact phone number . In the event that the
Authorized Personnel or another person does not accept the complaint submitted
by the Member by phone, the Member undertakes to make the complaint in
writing using one of the aforementioned means. Members of complaints as
specified herein phone in case of reporting through, HIT 's giving contact
information that will be requested from him, and also the documents, the content
of screening or error messages, etc. will be obliged to send.
(3) HIT acknowledges, declares and undertakes that the employees who will
provide support in the process of solving the problems in question are qualified
personnel to make the best effort to resolve the complaint. Members
are Shikai meat on the subject of HIT brand damage given may be the social
media and / or electronically ring will share in open channels, if share, following
the resolution of the issue would remove any content related to these complaints,
the disclaimer would publish agrees and undertakes.
(4) Complaints to be directed by the member shall include at least the following
details: The reason for the complaint, the list of the 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- Liability for suspicious and erroneous transactions
(1) Herhu the gun as a process HIT 'to incorrect / unauthorized if it made the
transaction notification, promptly and in any case, payment of
transaction VISA After having carried out by the Member, MasterCard in
accordance with the rules of correction requests may be made. In this case, if
it is proven that the said notification is correct, the relevant transaction
fee may be refunded to the Member .
(2) HIT , especially following conditions including Suspicious Transactions
in the case and to report to him by the system user or partner, the transaction
amount 's payment to the transaction has the right to give consent for storage up
to date. If the suspicious situation becomes definite provided that it is
documented, the payments will not be processed.
- If there is any suspicion that the Payment Transaction does not comply with
legal provisions,
- Payment Transaction and Payment transaction in the holder of the credit card
used except if there is a doubt for information has been made,
- Payment Transaction and Payment of transaction if there is a doubt for
information has been made outside the owner's bank account that was used,
- Payment of the transaction whether or not an actual payment transactions
(excluding testing) If any doubt.
(3) In the event that the payment instrument is used by others due to the use of a
lost or stolen Payment Instrument or the personal security information not being
properly kept, the Member shall be liable for the damages arising from the
payment transactions he has not authorized . The member is not responsible for
the payment transactions that he did not authorize after his notification. In the
event of fraudulent use of the Payment Tool or willfully or grossly negligent
failure to fulfill its notification obligations, the Member shall be liable for all
damages arising from the unauthorized transaction.
(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
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 used in RESERVATION . request from the MEMBER to
submit the statement of the card for the previous month or a letter from the bank
of the cardholder indicating that the credit card belongs to him . The
MEMBER will be able to freeze the RESERVATION in the period until the
information / documents subject to the request are provided, 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 without the knowledge of the stolen /
lost or the cardholder, PLATFORM shall be subject to Article 17 of the Bank
Cards and Credit Cards Law dated 23.02.2006. In the event that the transaction
takes place despite the necessary controls; 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 / she will immediately
compensate all damages that the Company may incur due to the inaccuracy of
personal and other information provided while becoming a member of
the Platform and / or not being updated by the Member despite changes in
Member information. When creating the transfer request, the member has to
enter the name and surname of the real person who will benefit from the transfer
service, ID / passport number to the Platform for processing to the U-ETDS
system.
b -Member, the platform of the scope of membership to use passwords that can
not get to any third party. All legal and criminal responsibility for the use of
the password and the system access tools used to benefit from
the Platform belongs to the Member . While using the Platform , the
Member agrees, declares and undertakes to comply with all legal regulations and
not to violate these provisions. Any legal and criminal liability to be applied to
PROGO due to the provision of services to another real person other than the
member information contained in the PLATFORM or the incomplete processing
of member information to the PLATFORM will be fully and exclusively belong
to the Member and the person benefiting from the transportation activity .
c - The Member accepts that the HIT may update the terms of this Agreement at
any time without the need for prior notice and / or warning, and that any
provision that is updated, amended or removed will result from the moment it is
announced on the platform.
d - HIT will not be held liable for unauthorized seizure of Member information
and data and for damages to Member information and data, despite taking the
necessary information security measures.
HIT 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 - Member, Driver Search by disputes consisting of water in HIT ' s any task
(such as a mediator or arbitrator), or whether the responsibility and offered by
Driver Te scope of SIMA Service again HIT ' s whether any responsibility,
assume that the driver of the sole interlocutor with reference to this topic ,
declares and undertakes. In addition, the member cannot hold the Company
liable for the acts they have committed to each other regarding the transportation
service agreement with the driver or the agreement they may sign
externally , HIT is not a party to the said transportation service agreement or any
agreement they will sign externally, the operator, employer and / or It accepts
and undertakes that it does not have a performance assistant or similar title.
g - Members cannot transfer their rights and obligations arising
from this Agreement without the Company's approval. If the Company transfers
its rights and obligations arising from the Agreement to third parties, the
member business undertakes to accept this situation in advance.
h - In the event that the Member violates the provisions of this Agreement, the
criminal and legal liability arising from the violations belongs personally to
the Member . The Member shall keep the Company free from all damages,
lawsuits, demands and claims that may arise due to their violations. Also; The
Company reserves the right to demand compensation from the Member due to
such violations .
i-The Company always has the right to suspend or terminate the membership of
the Member and delete all information, data, documents and files belonging to
the Member without undertaking any liability and without
compensation . HIT , the service scope, the platform the content, modify at any
time the design and software, to the Members change any service provided,
suspend or terminate and any time reserves the right to delete user information
and data stored on the platform.
j - Member of the platform location information when using, will share
PLATFORM manager. When the PLATFORM is closed (running in the
background), location information will be used to provide better service to
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 provided incompletely or the service cannot be provided.
k - MEMBER may not use the website of the PLATFORM and
MOBILE APPLICATION in a way that disrupts public order, violates general
morality, disturbs and harasses others, for an illegal purpose, violates the
material and moral rights of others. In addition, it cannot be involved in
activities ( spam , virus , trojan horse, etc.) that prevent or make it difficult for
other members to use the services .
l - If the MEMBER chooses the shared travel method , the Platform owner
accepts in advance that he is not responsible for a theft in the vehicle.
m- If the MEMBER chooses the shared travel method from the system, he / she
cannot accept that he / she has not selected it, and cannot request the
cancellation of the reservation by requesting the allocation of a special vehicle.
n - PLATFORM can transport the Member with its own vehicles as well as with
the vehicles of other agencies.
o - MEMBER cannot request to be left to another address other than the
destination address in the shared travel method .
ARTICLE 7- TERM OF THE CONTRACT, TERMINATION AND
AUTHORIZED MARKETING APPROVAL
a - This Agreement will enter into force on the date of acceptance and will
remain in effect unless terminated by the parties.
b - The parties will always be able to terminate this Agreement with the
termination notice made through the platform. However, the mutual obligations
of the parties until the termination date remain reserved.
c- In the event that the member business does not want the campaigns to be
delivered by the PLATFORM to him in this contract, he may at any time abolish
the marketing permission of the PLATFORM by e-mail to
support@progotravel.com .
ARTICLE 8- RIGHT OF WITHDRAWAL
MEMBER, in accordance with Article 5. (a) 2 of this contract, up to 3 hours
before the inner city RESERVATION time; Can use the right of withdrawal up
to 6 hours before out of town BOOKING . Shared rides do not have the right to
cancel, change or withdraw. Failure to comply with the specified hours of the
REZERVAYO the member is not entitled to the right to withdraw and change.
ARTICLE 9 - PROTECTION OF PERSONAL DATA
Personal data belonging to the MEMBER can be obtained verbally through
various means such as the website, social media channels, automatically or nonautomatically, depending on the service provided by the PLATFORM and the
commercial activity it carries out, within the scope of the Personal Data
Protection Law (KVKK) No.6698 can be collected in written or electronic
media and processed by the PLATFORM as data processor. The data will be
stored for as long as the purpose of the MEMBER to provide this information is
valid and in cases where the relevant legislation stipulates the storage of
the Data , for the legal periods specified in the legislation. At the end of these
periods , the data will be deleted, destroyed or anonymized officially or upon the
request of the MEMBER in accordance with Article 7 of
the KVKK . PLATFORM takes necessary security measures to prevent the loss
of stored and recorded data, to prevent unauthorized use and to prevent illegal
use.
ARTICLE 10- MISCELLANEOUS PROVISIONS
a - The terms and conditions to be announced on the www.progotravel.com
website for the provision of services by the HIT constitute an annex and
integral part of this Agreement .
b - Any dues, fees and taxes arising from this Agreement will be paid equally by
the Parties .
c - The parties cannot transfer or assign their receivables arising
from this Agreement to third parties without the written consent of
the other Party .
d - HIT , the Convention of any changes, may declare the website and / or new
versions of the published exceed the date may publish, including the weight.
e Member, laws and VISA, MasterCard and other payment card companies and
authorities (BRSA . , CBT , etc. ) HIT rules with rules drawn up by will comply
with lara and procedures.
f - In the event that 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 evidence agreement between the
Parties .
h- MEMBER is deemed to have accepted all the terms of this agreement when it
performs the membership transaction through the PLATFORM. PLATFORM,
confirmation that will happen before BOOKING MEMBERS read and accepted
the present Convention as the necessary software flat is obliged to make
someone cross.
i - The parties have accepted the authority of Istanbul Courts and Enforcement
Offices for the settlement of disputes arising from this Agreement .
k - If the parties do not notify the other party of the changes in their addresses
specified in this Agreement in writing, the notifications and notifications to be
made to the addresses specified in this agreement shall be deemed as valid
notification. HIT , under this Agreement on Member notifications to be made
for the contract at specified times of the Members shall be made via e-mail will
be forwarded to the specified address. However, in accordance with Article 18/3
of the Turkish Commercial Code, notifications regarding default of the other
party or termination of the Contract will be made via a notary public, registered
letter, telegram or a registered electronic mail system using a secure electronic