USER AND MEMBERSHIP AGREEMENT
ARTICLE 1- PARTIES
The explanations of the concepts and abbreviations used in this contract are given below.
HODHOD TRAVEL TURİZM İNŞ.OTO.SAN.TİC.LTD.ŞTİ
Hereinafter referred to as VİPUBER. WEBSITE: https://www.vipuber.net/
VISITOR: The person or persons who visit and use the site for information purposes by reading without giving their personal contact information.
MEMBER / USER: Person or institutions that enter the minimum information required to use the Site and use a valid e-mail address and a password, enter the Site in this way and provide personal and / or corporate information, telephone number, service details with their own consent.
CONSUMER: Represents the person who carries out the purchase service from the website (MEMBER AND USER) and has his / her name, surname and signature under the contract and the persons he / she represents.
ARTICLE 2- CONTRACT PURPOSE AND SUBJECT
The subject of this Agreement is to determine the conditions of utilization and use of the transportation services (airport transfers, in-city and out-of-city transfers, etc.) that the consumer will purchase in Turkey and abroad through the Platform page owned by VIPUBER.
ARTICLE 3- DEFINITIONS
Service: It refers to the services that facilitate the consumer and the driver of the company that provides the Road Transport Service to meet on the Platform page and prepare them to come together and in this context, the consumer determines the provisions with their free will and performs the requirements of the transportation services agreements concluded with VIPUBER;
Platform: The procedures and principles of transportation service purchasing, using and payment methods are shared with the consumer, written for mobile phones, tablets, computers and other devices belonging to VIPUBER (web page, mobile application
etc) special software.
INTERNET SITE: It is a mobile phone, computer, laptop, PC 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 consumer. Special software of VIPUBER written for devices.
Platform Usage Fee: The price that VIPUBER will be entitled to for the cancellations that do not belong to the cancellation terms and periods specified below or the service fee that the Company is entitled to in case of the approval and purchase of the consumer through the Platform and the realization of the said Transport Service.
Reservation: The starting place, starting time, route, destination consumer information is entered by the consumer, includes all information including the price of the transportation service shared with the consumer from VİPUBER's platform, mobile application and / or website, the accuracy of the information is accepted by the consumer. It refers to the whole of the records made for the realization of the service after the payment of the transportation services by the consumer.
Driver: Based on the transportation services agreement between the consumer and VIPUBER, they come together via the platform / web page, and are authorized by VIPUBER in accordance with the provisions of road special passenger transport in Turkey and abroad, and to the consumers who produce services on behalf of the commercial firm Refers to drivers who offer transport services.
Transportation Service: It refers to the service that constitutes the transportation service to be provided to consumers, on behalf and account of the company to which the Driver is affiliated, pursuant to a transportation service contract to be concluded between the consumer and VİPUBER by coming together through the platform / website.
ARTICLE 4-MEMBERSHIP (INDIVIDUAL-CORPORATE)
Membership is the right of use gained by the user following the signing of this contract and completing the information requested by VIPUBER through the Platform, Mobile and / or web page in a complete and correct manner. Membership is earned by the completion of the membership transactions on the Platform / website (and the signing of this Agreement). that the member is of legal age, that he has read and understood the contract, that he is aware of his rights and obligations, that VIPUBER is the company that provides transportation service between the company and the Member through the Platform / website, that it is the company that operates the platform / web page, that the service is subject to the road transport rules The company that produces road transport service due to the material and moral damages caused by the service of VIPUBER and the service is defective, that it is provided by the appropriate company driver or the company.
and that this contract does not contain any unfair terms.
Member, mobile phone, e-mail address and all other information requested by VIPUBER are up-to-date and in use.
It is deemed to have accepted in advance that it belongs to his job. The 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 VIPBER for Membership, VIPUBER 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 additional reason for its Membership.
VIPUBER has the right to develop plans and programs by using the membership information in question, the circulation and usage information of the Member on the platform, mobile and / or internet, and 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 aforementioned plans and programs.
In line with the requests of official institutions and organizations, VIPUBER may share the mentioned membership and usage information with official institutions and authorities without the approval of the Member, but only on the condition of providing information.
The Member declares, accepts and undertakes in advance that he has purchased services on his behalf, and that the additional passengers and or passengers to be determined on the platform / internet do not have any contradiction in terms of the Laws of the Republic of Turkey, prohibited etc.
The member can log out of his membership on the platform belonging to VİPUBER, Mobile home / or Internet page at any time. The member can make the termination request on his own without any approval other than the EXIT transactions in the Mobile and Internet application. The said unsubscription process does not allow the Member to waive his obligation to fulfill his previous responsibilities of the completed Services.
The Member can send VIPUBER to himself via sms, mail and other communication points for commercial communication and commercial purposes.
Under the Electronic Messages Regulation, it accepts and declares that it has given prior marketing permission.
ARTICLE 5-GENERAL CONDITIONS
The consumer can make a reservation by using the Platforms / web page of VIPUBER, provided that it is limited to the provinces and countries where VIPUBER serves in Turkey and abroad. The said reservation will only be valid if the consumer is paid by credit card / bank card, which is the payment method determined by VİPUBER. The payment in question must comply with the current Consumer law.
The consumer makes the reservation by approving the Transport Service request defined in this contract via the platform / internet and making the payment for the price information specified in this contract. Upon the consumer 's call, VİPUBER will inform the consumer about the contact and identity information and known details of the drivers who are in the most convenient position. If it is not in the city, it can be changed by the consumer or a free cancellation can be requested until 12 hours. Consumer booked without complying with the times in the mentioned conditions
If they want to cancel, the reservation has been made and VIPUBER does not refund the usage fee of the reservation made for the said transportation service.
The reservation is deemed to have been made and the consumer is deemed to have been served. The consumer is deemed to have accepted, declared and committed in advance that he will not claim any rights in the reservation cancellations made in accordance with the hours.
If the consumer chooses the shared travel method, the trip will start from the time and location planned by the platform owner. In the shared travel method, no refund or change can be made if the Member cancels the journey 6 hours before.
Via the platform, a service fee invoice for the consumer will be issued by VIPUBER for the Platform Usage Fee and Transport Fee, which is the progress payment amount in return for bringing the consumer and the Driver together. Arranged for the Transport Service Fee
The customer copies of the invoices / invoices are kept at the office of VİPUBER, upon the request of the consumer. demand by the consumer to send invoices / invoices to their address
In case of receipt, the invoice for the Service will be sent to the user's e-mail address electronically as an e-invoice. In addition, the customer copies of the invoice / invoices belonging to the Platform Usage Fee can be forwarded to the e-mail address given by the consumer while registering on the Platform as an electronic invoice in electronic environment, if the consumer approves.
VİPUBER will be able to inform consumers about its promotional codes, service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction applications, therefore, consumer electronic
will be able to send information e-mails to postal addresses and informative SMS messages to mobile phones. The consumer declares and undertakes that he accepts in advance the information methods to be sent regarding or irrelevant to the service in question.
The consumer, platform campaign, advantage, service evaluation, SMS, e-mail and voice call notifications to be sent to him within the scope of customer satisfaction, Commercial Communication and Commercial Electronic Messages Regulation, etc. undertakes to acknowledge that it has given authorized marketing approval within the scope of the laws.
For information or advertising activities regarding the service in question, the platform has the consent of the consumer 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). declared that he accepts as long as he is. Not to take any action and / or action that may exploit the service offered by VİPUBER with the promotion or campaign, that the promotions or campaigns may be canceled by VİPUBER at any time without any reason, and that there is no claim against the Company based on the canceled promotion or campaign. and undertakes.
b-RESPONSIBILITY FOR SUSPICIOUS OR INCORRECT TRANSACTIONS
In the event that VIPUBER is notified of an Erroneous / Unauthorized Transaction regarding any transaction, immediately and in any case after the Payment Transaction, the consumer may request a correction in accordance with VISA, MASTERCARD rules. In this case, proving that the said notification is correct (the parties that the burden of proof in question is on the consumer.
has already accepted, declared and committed.), the relevant transaction fee may be refunded to the consumer.
VIPUBER has the right to keep the transaction amounts until the date of approval for the Payment Transaction, especially in the cases below, in Suspicious Transactions and in case of notification by the User or the System Partner. 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,
If there is a suspicion that the Payment Transaction was 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 was made without the knowledge of the bank account owner used in the Payment Transaction,
If there is any doubt that the Payment Transaction is not an actual Payment Transaction (excluding tests).
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 preserved, the consumer is responsible for the loss arising from the payment transactions he has not authorized. The consumer is not responsible for the payment transactions that he / she did not authorize after the notification he / she made. In case of fraudulent use of the Payment Instrument or not fulfilling the notification obligations deliberately or with gross negligence, the consumer will be liable for all the damages arising from the unauthorized transaction.
If the credit card / debit card holder used during the reservation on the PLATFORM, mobile or internet page is not the same person, or if the security gap is detected in the credit card used before the product is provided to the CONSUMER, the PLATFORM will The CONSUMER may request from the CONSUMER to submit their contact information, the statement of the previous month of the credit card / debit card used in the RESERVATION, or the letter from the cardholder's bank stating that the credit card / debit card belongs to him / her. The reservation may be frozen until the consumer 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.
In the event that the consumer makes the payment without the knowledge of the stolen / lost or the cardholder, the platform is subject to Article 17 of the Bank Cards and Credit Cards Law No. 5464 dated 23.02.2006. In the event that the transaction takes place despite the necessary controls; The platform will be able to notify the relevant institutions about the consumer in accordance with Articles 36 and 37 of the same law.
ARTICLE 6-RIGHTS AND OBLIGATIONS OF THE PARTIES
The consumer accepts, declares and undertakes that the Company will immediately compensate for all damages that the Company may incur due to the inaccuracy of personal and other information provided while being a member of the Platform and / or not being updated by the consumer despite changes in the Member information. When creating the transfer request, the consumer is obliged 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.
The consumer is
It cannot give the password it receives within the scope of membership to any third party for use. 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 consumer. While using the Platform, the consumer 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 VIPUBER due to the provision of service to another real person other than the member information on the PLATFORM or the incomplete processing of the member information on the platform will be fully and exclusively belong to the consumer and the person benefiting from the transportation activity.
The consumer accepts that VİPUBER can always update the terms of this Agreement 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.
VIPUBER will not be held liable for any damage to Member information and data, and for unauthorized seizure of Member information and data, despite taking the necessary information security measures.
VIPUBER is not responsible for any direct or indirect damages that may be incurred due to the use of the platform by the consumer.
The Consumer accepts, declares and undertakes that FLEETCAB does not have any duty (such as a mediator or arbitrator) or responsibility in the disputes between the Driver and VIPUBER does not have any responsibility within the scope of the Transport Service provided by the Driver, and that the only addressee is the Driver. does. In addition, the consumer cannot hold the Company responsible for the actions they have imposed on each other regarding the transportation service agreement with the driver or the agreement they can sign externally, VİPUBER 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.
Consumers 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 Contract to third parties, the consumer undertakes to accept this situation in advance.
In the event that the consumer violates the provisions of this Agreement, the criminal and legal liability arising from the violations belongs to the consumer personally. , the consumer will keep the Company free from all damages, lawsuits, claims and claims that may arise due to their violations. Also; The Company reserves the right to demand compensation from the consumer due to the violations in question.
The Company always has the right to suspend or terminate the membership of the consumer and to delete all information, data, documents and files belonging to the consumer without undertaking any liability and without compensation. VIPUBER reserves the right to change the scope of the Service, the content, design and software of the Platform, to change, stop or terminate any service provided to consumers, and to delete user information and data registered on the Platform at any time.
The consumer cannot use the website and mobile application of the platform in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on 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.
If the consumer chooses the shared travel method, the Platform owner accepts in advance that he is not responsible for a theft in the vehicle.
The platform can transport the consumer with its own vehicles as well as with the vehicles of other agencies.
ARTICLE 7- TERM OF THE CONTRACT
The duration of the contract; This contract is; If the registration form comes into force on the date of issuance and no dispute arises, it automatically terminates when the service received by the consumer is finished. In the event of a dispute, this contractual relationship will be valid until the final settlement of the dispute.
In disputes that may arise from the use of the platform / website and / or the terms and conditions contained in the Legal Notice text or in connection with the content of the Site, the Turkish Legal Notice text is the basis and is the exclusive authority of Istanbul Courts and Enforcement Offices, even if the content of the site is used in alternative languages.
In the event that the Consumer does not comply partially or completely with the Contract, the articles of TURSAB KÜTAHYA SCHEDULE are applied in the calculation of the compensation to be paid.
ARTICLE 8- RIGHT OF WITHDRAWAL
The consumer, in accordance with Article 5. (a) 2 of this contract, up to 6 hours before the local reservation time; Use your right of withdrawal up to 12 hours before out of town booking
can. Shared rides do not have the right to cancel, change or withdraw. In case of failure to comply with the specified reservation times, consumer I has no right of withdrawal and change.
ARTICLE 9 - PROTECTION OF PERSONAL DATA
Personal data belonging to the consumer, 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, by automatic or non-automatic methods,
It may be collected in verbal, written or electronic environment through various means such as the website and social media channels and processed by the platform as a data processor.
The data will be stored for as long as the purpose of the consumer to provide this information is valid and for the legal periods specified in the legislation in cases where the relevant legislation stipulates the storage of the data. At the end of these periods, data will be deleted, destroyed or anonymized officially or upon the request of the consumer 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- AMENDED PROVISIONS
All kinds of dues, fees and taxes arising from this Agreement will be paid by the consumer.
Parties cannot transfer or assign their receivables arising from this Agreement to third parties without the written consent of the other Party.
VİPUBER may announce any change in the Agreement on its website and / or publish new versions to be valid on the date of publication.
The consumer shall comply with the laws and the rules and procedures prepared by VIPUBER, as well as the rules of VISA, Mastercard and other payment card institutions and authorities (U.S.D.D.K., T.C.M.B. etc.).
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.
The Parties agree that the records accessible through the Platform or Management interface will be accepted as an evidence agreement between the Parties.
When the consumer completes the membership transaction through the platform, it is deemed to have accepted all the terms of this contract. The platform is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the consumer before the RESERVATION takes place.
The parties have accepted the authority of Istanbul Courts and Enforcement Offices in the settlement of disputes arising from this Agreement.
If the parties do not notify the other party of the changes in their addresses specified in this Agreement in written form, the notifications and notifications to be made to the addresses specified in this agreement shall be deemed as valid notification. VIPUBER will make the notifications to the consumer within the scope of this Contract, at the times specified in the Contract, via e-mail to be sent to the specified address of the consumer. However, in accordance with Article 18/3 of the Turkish Commercial Code, notifications regarding the default of the other party or termination of the Contract will be made via a notary public, registered letter, telegram or registered electronic mail system using secure electronic signature.
ARTICLE 11- FORCE MAJEURE
Any kind of force majeure, natural events, adverse climatic conditions, social events, popular movements, events occurring due to negative developments in working life, all kinds of legal or illegal employee or employer movements, strikes, lockouts, union movements and In case of failure to fulfill their obligations subject to this contract as a result of slowdown actions, war, armed conflict, revolution, martial law or declaration of state of emergency, intergroup conflict and riots; This contract will be suspended until the end of the mentioned situations / adverse effects. The contract will come into force again with the end of the mentioned situations / adverse effects. Failure of the parties to fulfill their obligations as a result of force majeure does not entitle the other party to termination or compensation.
ARTICLE 12- ENFORCEMENT
The consumer, who does not have a signature in the contract but receives the service subject to the contract, is deemed to have accepted the terms of the contract upon reading and signing this contract.
This contract has been drawn up in 2 copies and signed by the parties, and in case of disputes arising from the contract, the Road Transport Law No. 4925 and other TC legislation articles are applied. Istanbul courts and enforcement offices are authorized
I have read, understood and accepted the entire contract, the date and time of departure, the road transport law numbered 4925, the information on the website, and received a copy of this contract issued on our behalf.
Name-Surname / Date / Signature of the signatory on behalf of the service user (s); Name-Surname / Date / Signature of the signer on behalf of VİPUBER