This User Agreement (hereinafter referred to as the "Agreement") has been established and entered into force between Ünsallar Otelcilik İnşaat Turizm Limited Şirketi ("Real Car Rental") and the persons ("Member" or "User") who wish to become a member of the following website and benefit from car rental services ("Member" or "User") upon the Member becoming a member by completing the membership process on the website www.carhiredalamanturkey.com and the membership process being recorded in Real Car Rental records.
Real Car Rental provides intermediary booking services to its users through www.carhiredalamanturkey.com and Real Car Rental Mobile Applications, which it operates as an intermediary service provider. It is an intermediary service provider that mediates the establishment of a "car rental contract" between the Service Receiver and the Lessor via www.carhiredalamanturkey.com and Real Car Rental Mobile Applications and/or making reservations for the establishment of a contract, and offers the opportunity to list the vehicles belonging to various car rental companies (third party) that are the lessor (operator) of the rental vehicles, filter them according to various criteria and make comparisons. Since Real Car Rental is an intermediary service provider that mediates your car hire, the Service Recipients must be a member of the website and comply with the terms of use of the website in order for the service to be complete and flawless.
In this Agreement, which determines the mutual rights and obligations of the parties, the website refers to a website that allows Members to access car rental services by becoming a member of the www.carhiredalamanturkey.com website address using computers and other electronic / mobile devices connected to the internet.
By logging in to this website, the Member is deemed to have accepted the terms of membership and the rules of the Agreement. In addition, the Member declares, accepts and undertakes that he/she has read this Agreement in its entirety, understands its content in its entirety and approves its provisions electronically, completes the membership process, that the "Privacy and Cookie Policy" and "Clarification Text" on the specified website are an integral part and annex of this Agreement, and that he/she will act in accordance with the statements regarding the membership services offered by Real Car Rental on the website in question.
1. DEFINITIONS
Vehicle: Vehicles that can be rented by Members in return for the price in the advertisements provided by third parties for rental purposes on the Real Car Rental website,
Website: It is the website www.carhiredalamanturkey.com domain name where Real Car Rental provides service to its users.
User/Member: Natural and/or legal persons who register as a member of the Website and start to receive services,
Service: It consists of displaying the vehicles of third party car rental companies listed on the www.carhiredalamanturkey.com domain name and Real Car Rental Mobile Application to the users, establishing the necessary communication/payment technical infrastructure for the user to rent the vehicles at the price and quality determined/changed/updated by third party car rental companies, mediating for the establishment of a "car rental contract" between the user and the third party car rental company at the point of renting the vehicle selected by the user and forwarding the user's reservation to the third party car rental company.
Personal Data: Any information relating to an identified or identifiable natural person,
Processing of Personal Data: All kinds of operations performed on personal data such as obtaining, recording, storing, preserving, modifying, reorganising, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data by fully or partially automatic means or by non-automatic means provided that it is part of any data recording system,
Agreement: The text containing these Terms of Membership and the Privacy and Cookie Policy and Clarification Text, which are an integral part of this text,
Site: The website located on the URL www.carhiredalamanturkey.com,
Mobile Applications: It refers to the Real Car Rental application, where the services and content provided on the Real Car Rental website are prepared to work on tablets and smartphones and car rental advertisements can be accessed.
2. SERVICES SUBJECT TO THE CONTRACT
With this agreement, Real Car Rental, www.carhiredalamanturkey. com domain name and Real Car Rental Mobile Application, Real and/or Legal Person Users who will become a member of the site and use it, to list the vehicles at the prices and qualities determined by third party car rental companies to the users, to classify the data uploaded to the Real Car Rental database by third party car rental companies in order for users to find rental vehicles at the dates and prices they wish, at the locations they wish and in the quality they wish, In this context, the mutual rights and obligations of the parties regarding the realisation of various promotional and promotional activities, the mediation of the rental of various listed vehicles by users from third party car rental companies, and the collection of the rental money - after the commission fee is deducted - by Real Car Rental from the User to be paid to the third party car rental company are regulated.
Real Car Rental offers rent a car services within the scope of the advertisements selected on the Site and offers Users the opportunity to rent the vehicles they wish. Users are obliged to pay Real Car Rental for the vehicles they want to rent. In this way, Real Car Rental acts as an intermediary between the Users who are members of the website and the third party car hire parties. The publication of the advertisements on the website and the purchase of the service by the Member Users are offered to the User in return for the conditions determined by Real Car Rental. The User declares, accepts and undertakes to pay the fee required to be paid for the vehicle he / she has chosen, on time and in advance, within the terms of this Membership Agreement. Real Car Rental may change, suspend or terminate the content and form of any other service related to the advertisements offered on the website or related to the use of the site, and may change the commission added to the car rental fee at its discretion.
3. RIGHTS AND OBLIGATIONS OF THE USER
The user declares, accepts and undertakes that he/she has carefully read the terms of this Agreement before becoming a member of the site; that he/she is over the age of 18 (eighteen); that he/she is bound by the terms of this Agreement from the moment he/she completes the membership process by filling in the information requested from him/her regarding membership correctly and completely in the direction requested by his/her own free will and by ticking the "approval" box during the membership process.
The Member User can benefit from the services by creating a membership with an e-mail account on the Real Car Rental e-commerce site. It will not be possible to become a Member with the same e-mail address previously used.
3.1. RIGHTS OF THE USER
The user can access the website by using the username/password created and shared by Real Car Rental and sent to the e-mail address provided when registering by purchasing the service package offered through the Website. To the extent that it fulfils its payment obligations, it has the right to conclude a car rental contract with the parties who own the advertisement with the vehicle advertisements selected within the framework of this Agreement. This user name and password will become active upon completion of the first website registration process. If the user wishes to continue to purchase services and assign tasks through the site and the package usage right expires, the user will be able to continue to receive services by purchasing a new package and accessing the site with the same username and password. So far, the content offered by Real Car Rental to the Users is granted to the Users in accordance with the terms and conditions specified. This right does not give Users the right to sell, share, publish or transfer the relevant service content to anyone else. In this context, the services offered to Users are limited to the period specified in the contract of interest. The User can always send an e-mail to [email protected] or contact the Customer Support Line at +90 534 768 80 99 during working hours to obtain more information about Real Car Rental services and to report requests and complaints.
3.2. OBLIGATIONS OF THE USER
Pursuant to this Agreement, the User declares, accepts and undertakes that he/she is obliged to perform the following:
- To fill in the membership form in order to use the services on the website, to provide a valid e-mail address,
- To provide accurate information during the membership phase, to inform Real Car Rental immediately in case of a change in the information in question and to update the information on the website,
- After logging in to the site with the password defined to him, the services subject to the Agreement can be used by entering the password determined by him, and he is solely responsible for the inability to use the services due to incorrect entry of the username and / or password,
- To take care for the confidentiality and protection of the password they have set,
- Real Car Rental will not be held responsible for any damages arising from the use of the username and password by third parties,
- Prevent inappropriate use in violation of this Agreement and/or immediately notify Real Car Rental of such use,
- To provide the necessary and sufficient internet access to benefit from Real Car Rental services,
- Using a device that supports access to the site and applications,
- To ensure the security of its connections and to take the necessary measures in this context,
- to pay the service fee with a payment method accepted by Real Car Rental,
- To follow the changes made in the terms of this Agreement and to leave the membership if it does not accept the change of interest,
- Not to transfer his/her account to a third party and to use it himself/herself as a User
- Not to copy, transfer, display the content of the website in violation of this Agreement,
- Not to infringe the intellectual property rights of Real Car Rental,
- Not infringe intellectual property rights such as copyright, patent, trademark, trade secret or other proprietary rights of the content provided,
- Not to use or distribute viruses, worms or similar harmful technologies that may harm the Site or other Users,
- Not to use any data mining, data collection or extraction methods,
The user accepts, declares and undertakes that all the information he/she has provided while becoming a member of the Real Car Rental e-commerce site is correct and complete, not fake, that he/she is responsible for any damages and losses that may arise from the fake and / or incorrect information, and that the Site will compensate for any damages that may be incurred in this direction.
In order for the car rental reservation brokerage services (www.carhiredalamanturkey.com, Real Car Rental iOS/Android mobile applications) you have purchased from the Real Car Rental e-commerce site to be delivered to you in due time, the membership information must be filled in accurately and completely. In the event that your delivery / delivery cannot be made within the promised period as a result of incorrect or incorrect filling of the membership information, Real Car Rental will no longer accept any responsibility.
The User accepts and undertakes to take the necessary measures for the confidentiality of the site membership, User information and User password. The legal liability arising from the user's password falling into the hands of third parties will be entirely the responsibility of the User. All pecuniary and non-pecuniary damages incurred by third parties and/or Real Car Rental as a result of the User's password falling into the hands of third parties shall belong to the User. In the event that Real Car Rental pays compensation to third parties in any way as a result of the User's breach of this obligation, or if an administrative fine is imposed against Real Car Rental, all damages incurred may be recourse to the User.
When users make a "car rental request/reservation" from www.carhiredalamanturkey.com and Real Car Rental Applications; they will be deemed to be a party to the Car Rental Agreement issued by the third party car rental company in the capacity of the operator/owner of the relevant vehicle and to have read, understood and accepted the agreement.
4. Real Car Rental RIGHTS AND OBLIGATIONS
Real Car Rental may, at its sole discretion, unilaterally change the information contained on the site, this User Agreement and any policies, terms and conditions, including the privacy principles contained on the site, at any time, unilaterally without prior notice by announcing and / or publishing on the website, provided that it is not contrary to the provisions of the legislation in force. In addition, the changes made by Real Car Rental regarding the aforementioned issues shall enter into force on the date of their publication on the website, and the provisions that have not been amended shall remain in full force and effect. In addition, Real Car Rental reserves the right to change the domain name of the website and the appearance and content of the site at any time.
Real Car Rental may, at any time, transfer or assign this Membership Agreement, interest rights and obligations to a third party, and in the event of such a transfer or assignment, the Member is deemed to have agreed to act in co-operation with Real Car Rental.
Within the scope of this Agreement, the fact that Real Car Rental offers services within the content of the website cannot be interpreted as a guarantee that it is provided to the User with hardware and / or software that will enable the User to use the services or that the hardware and / or software owned by the User will work in accordance with the services offered. In addition, Real Car Rental is not responsible for any malfunction, loss or other damage and loss that may occur in any electronic/mobile device belonging to the User. Real Car Rental does not guarantee that access to the site and the content of the site will be secure, continuous, uninterrupted and error-free. Real Car Rental cannot be held responsible for any problems that may arise due to war, terrorism, strike, energy crisis, power outage, earthquake, flood, state of emergency, martial law, cyber attack, computer viruses, epidemic disease or any other force majeure. In addition, Real Car Rental shall not be held liable in the event that the Member cannot benefit from the services due to the incorrect entry of the e-mail address and / or password used by the Member for login.
Real Car Rental may temporarily suspend access to the website due to the works related to the development of the website and/or trying to eliminate a technical malfunction. Real Car Rental has no liability to the User or third parties due to the temporary suspension of the site.
Real Car Rental has the right to restrict the use or terminate the use at any time and to cancel the membership of the Members without any notice, warning or information in case one or more of the terms in this Agreement are violated by the Member and Users.
Real Car Rental may continue to serve its customers with a different domain name, provided that it does not harm the quality of the service provided by the domain name www.carhiredalamanturkey.com and Real Car Rental mobile applications subject to this contract.
Real Car Rental does not provide car rental services on www.carhiredalamanturkey.com and Real Car Rental mobile applications on its own behalf and account under any circumstances. Real Car Rental only acts as an intermediary at the point where users rent vehicles at the price, location, feature and model previously specified by third party car rental companies and uploaded to the databases of www.carhiredalamanturkey.com and Real Car Rental Mobile Applications.
Real Car Rental is obliged to forward the car rental requests of the users to the third party car rental companies in the capacity of the operator / owner of the relevant vehicle and to collect the rental fees that the users are obliged to pay to the third party car rental company to the account of the third party car rental company. The services you will purchase from the Real Car Rental e-commerce site may be limited to "stock" quantities. The limitation imposed is stated in detail on the vehicle to be rented review and reservation creation page. Due to the ease of purchasing products / services online and the possibility of receiving different orders at the same time, the relevant product / service may be sold out before you purchase it. For this reason, Real Car Rental does not guarantee that every product / service offered for sale on the site can be purchased by you.
Real Car Rental determines the terms of sale and your rights in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and its secondary legislation and the Law on Consumer Protection, the Distance Sales Regulation and the Regulation on Doorstep Sales in cases where it refers. Your legal rights regarding the purchase will also be presented on the "payment screen" when receiving services from the site. For buyers who do not have the title of consumer, the general provisions of the Turkish Commercial Code and the Turkish Code of Obligations will apply instead of the provisions of Law No. 6502, the relevant articles of the Turkish Commercial Code and the Turkish Code of Obligations according to the type of sales contract or the type of service purchased. The product selection and the preliminary information form about the product you want to purchase is sent to you electronically
Real Car Rental has the title of hosting provider within the scope of the ideas and thoughts declared, written and used by the Members on the Site within the meaning of Law No. 5651 and has no obligation to control the ideas and thoughts declared, written and used by the Members. The ideas and thoughts declared, written and used by the Members on the Site are entirely the personal opinions of the Members and bind the owner of the opinion. These opinions and thoughts have no relation and connection with Real Car Rental. Real Car Rental is not liable for any damages that may be incurred by third parties due to the ideas and opinions to be declared by the Member and any damages that may be incurred by the Member due to the ideas and opinions to be declared by third parties.
As an intermediary service provider, Real Car Rental endeavours to always present the features of the vehicles offered by third-party car rental companies for rent on the electronic commerce site in full and complete. However, there may be differences in colours and/or sizes due to the technical specifications of the photographs and products and the system used to display the products over the internet. The vehicle photos shown during the car hire stages are added by third parties and are representative.
5. PROTECTION OF PERSONAL DATA
By approving this Agreement during member registration, the user expressly consents to the processing, recording, storing, backing up, deleting, transferring domestically and internationally of the personal information provided while becoming a member and to be provided while benefiting from Real Car Rental services within the scope of this Agreement, Privacy and Cookie Policy, Personal Data Protection and Processing Policy and Clarification Text. Real Car Rental declares, accepts and undertakes that it will fulfil its responsibilities under the Law No. 6698 on the Protection of Personal Data ("Law").
The user declares, accepts and undertakes that the personal information provided by the user is current, accurate and complete, that he / she will notify immediately in case of any change in such information, that all criminal and legal liability arising in case of violation of this obligation belongs to him / her; Real Car Rental is responsible for all damages that may be incurred for these reasons, and that it will compensate in advance, if requested, without seeking a court decision.
Real Car Rental may use the personal data transferred to it within this scope for the purposes of answering the User's questions and solving the problems that may arise, delivering the services offered to the User and improving the quality of service by means such as electronic mail, mail or telephone.
The User must communicate his/her requests regarding the processing, transfer and/or storage of his/her personal data within the scope of the Law to Real Car Rental through the methods specified by the Law. Real Car Rental will respond and finalise the requests submitted within the framework of this Law as soon as possible, free of charge, in any case within thirty days. Requests to be forwarded can send their applications to the e-mail address [email protected].
The User reserves the right to file a complaint to the Personal Data Protection Board within thirty days from the response of the request and in any case within sixty days from the date of application in case the request is rejected, the response is insufficient or the response is not received in due time.
Real Car Rental may send you Commercial Electronic Messages for marketing and promotional purposes through your electronic mail address, telephone and/or mobile phone, which must be shared while becoming a member, in accordance with the Law No. 6563 and the Regulation on Commercial Communication and Commercial Electronic Messages, with the consent of the Member. The Member has the right to opt out of these messages free of charge at any time and not receive marketing and informative messages.
Real Car Rental shall keep all records of the Member's consent for sending electronic messages for marketing and promotional purposes for a period of three years from the date of expiry of the validity of the consent and other records of commercial electronic messages for a period of three years from the date of registration.
6. INTELLECTUAL PROPERTY RIGHTS
Real Car Rental owns all kinds of intellectual and industrial property rights of all kinds of slogans, designs, website designs, software, domain names, codes and other identifying / distinctive names and signs used in Real Car Rental and [email protected] word and shape brand and www.carhiredalamanturkey.com and Real Car Rental mobile applications. The User and Members may not use, share, distribute, copy, reproduce or otherwise use the distinctive/descriptive name and sign subject to this and similar intellectual and industrial property right without the prior permission of Real Car Rental. In the event that the User acts in a way that violates the intellectual and / or industrial property rights or commercial reputation of third parties and / or Real Car Rental, the User is obliged to compensate any damages incurred by Real Car Rental and / or third parties.
Real Car Rental reserves all intellectual property rights regarding the website where its services are provided. The User's use of Real Car Rental services by paying a fee does not give the User any ownership rights regarding the content that the User can access as a member. The trademarks, logos, domain names and Real Car Rental on the website belong to Real Car Rental or third parties who rent cars that provide the advertisements in the content of the website. This Agreement does not give Users and Members the right to use the trademarks of Real Car Rental / or third parties who own the advertisements. Within the scope of the services provided, the rights of use are transferred to the User, without prejudice to the rights and obligations under the agreements regarding the materials used for the creation of Real Car Rental content of the works that 3rd parties put on the website and presented to the User as Real Car Rental site content.
The exclusive rights holder of the website is Real Car Rental. All kinds of organizational, usage and disposal authority on this website belongs to Real Car Rental, and it reserves the right to change any conditions, information and content available in the application and application extensions, including the terms of the Agreement, without any prior notice to the User. All intellectual and industrial property rights of all software products, texts, articles, photographs, pictures, designs, documents, animations, videos and all products, including but not limited to the content of the site, are owned by Real Car Rental. None of these products and contents are subject to the written permission of Real Car Rental. Cannot be used without . Copying, reproducing, unannounced and unauthorized use and distribution of these products and contents for any purpose is prohibited. Photographs, video images, animations, articles and other written and visual materials published on the site cannot be published, copied, reproduced, distributed, or contained in any platform, site, mobile application or any other medium, in whole or in part, by any technological method without the permission of Real Car Rental. No additions, deletions or any other changes can be made.
7. SERVICE FEE AND INVOICING
The User will not pay any fee to become a Member. Member Users who wish to rent a car declare, accept and undertake to pay the fees specified in the advertisements in advance through the payment method accepted by Real Car Rental. If the payment is not made correctly, completely and on time, the contents will not be accessible and the rental transaction will not take place. If the content cannot be accessed for this reason, the responsibility belongs exclusively to the User. Real Car Rental charges a fee as a commission based on the fees stated in each listing on the site.
The User agrees to have the service fee reflected on his Credit/Debit Card using the payment method specified on the site. The User is aware that he/she will work with a payment service provider that he/she will determine, which he/she has the sole authority to change at any time, in order to collect the Real Car Rental commission + rental fee, and therefore he/she is aware that his/her personal data necessary for the payment service will be transferred to the payment service provider, and that he/she expressly consents to this process, and declares, accepts and undertakes that he/she has given his/her approval and that he/she will not hold Real Car Rental responsible for any data breach activities that may occur during this transfer process, provided that reasonable security measures are taken. Real Car Rental may reflect changes in service fees or tax rates to the service fees. Real Car Rental reserves the right to change the commission it adds to the rental fees on the site. In addition, the fees in the rental advertisements are determined by the third parties who post the advertisements, and Real Car Rental will not be held responsible for any damages or loss of opportunity in case of changes in these fees.
8. RIGHT OF WITHDRAWAL AND TERMINATION
Real Car Rental has the right to immediately terminate the Agreement and terminate the Membership, without giving any time, if it detects the User's behavior contrary to this Agreement, the Privacy and Cookie Policy and/or the relevant legislation in force. Real Car Rental may unilaterally cease to provide its Users with the services it provides within the framework of this Agreement, partially or completely, due to changes in the way the service is provided. In this case, Users do not have the right to demand any compensation, and Real Car Rental reserves its rights to compensate for the material, moral, positive and negative damages caused by the User's contrary behavior and violation.
The User may terminate this Agreement by closing his/her membership account or deleting his/her Real Car Rental membership at any time without giving any reason.
If the user cancels his/her membership, he/she can use the rights specified in detail in the Privacy and Cookie Policy and Information Text within the framework of the principles stated in the relevant texts.
9. APPLICABLE LAW AND COMPETENT COURT
This Agreement will be interpreted within the framework of Turkish Laws, and the law applicable to any disputes that may arise from this Agreement is Turkish Law.
In resolving disputes that may arise from the implementation of this Agreement, the Consumer Arbitration Committees in the place where the consumer transaction is made or the consumer's residence is located within the values declared by the Ministry of Commerce, and in disputes above the said values, the Consumer Courts in the place where the consumer transaction is made or the consumer's residence is located will be authorized.
If this legal transaction between the User and Real Car Rental is not a consumer transaction, the above article will not apply and the provisions of the Code of Civil Procedure No. 6100 will apply in determining the competent authority for the resolution of disputes. If the order is placed, the User is deemed to have accepted all the terms of this Agreement.
10. ENFORCEMENT
This User Agreement has been fully understood by the User by reading every provision. The Agreement enters into force as of the moment it is approved electronically by the User and will remain in force until terminated by one of the parties. The User declares, accepts and undertakes that, after completing his/her membership by accepting the terms of the Agreement, he/she is aware that the conditions are invalid and cannot claim that he/she does not accept the Agreement, and that if he/she does not accept the terms of the Agreement, Real Car Rental reserves the right to terminate this Agreement at any time.
If any provision or provisions of this User Agreement are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will remain in full force and effect.