1. Contracting Parties
The hereby Individual Membership Agreement (hereinafter referred to as the “Membership Agreement))is between Awayzon Turizm ve Bilgi Teknolojileri A.Ş ((hereinafter referred to as "Awayzon"); registered to the address "Mustafa Kemal Mah., Cepa Ofis Kule, Dumlupınar Blv. 7.Km D:No:501, 06520 Çankaya/Ankara" and who accepts this User Aggreement and its supplemets to be a "Member" to the "Site"www.awayzon.com entered into force in the electronic environment
“Site”: www.awayzon.com and subdomains provide "Awayzon" web services.
“User”: “Natural and legal person who visit the website.
“Visitor”: “Natural or legal persons accessing the website and purchasing the services.
“Listing owner”: Natural or legal persons who rent property, vehicle and or yacht on the “Website”.
“Member”: According to Distance Contract Regulations, every "User" who reads, understands and accepts "Awayzon Membership Contract" on "Site" www.awayzon.com .
Membership”: The “User” who wishes to become a “ Member”, is required to complete the membership form on the “Site” with accurate and real information. You do not have the right and authority to become a “Member” until the membership process is completed. “Membership” rights and obligations cannot be transferred to any third party partially or all. The “Membership” application may be rejected by “Awayzon” or additional terms and conditions may be requested without any given reason. “Awayzon” may terminate the “Membership” status of the “Member” when it is necessary, and may not accept the “Membership” application made after termination for any reason.
“Membership Agreement”: The agreement on the “Site” consists of the terms and conditions and the annexes concluded on electronic environment by the user's approval that declares that the user understands and accepts the 'Membership Agreement” including its annexes as integral parts.
"Awayzon Membership Account": is the collection of specific web pages of "Member", reached by "user name" and "password" on the "Site" in which the "User" makes transactions to benefit from the services of "Site", makes requests to "Awayzon" on "Membership" issues, updates Account information, view reports on the services provided.
“Awayzon Services” ("Services"): is the services provided by "Awayzon" defined in " Membership Contract" on the "Site". "Awayzon" may change the "Services" whenever necessary. The " User" will be informed on the the rules and regulations by “Site”and these rules and regulations will be entered into the force on the date its published on "Site".
“Content”: All the information, articles, file, photo, video, numbers etc. published and available on “Site”.
"Awayzon Interface" : is the collection of web pages of codes used by “User” to visualise the content and also to search “Awayzon Database” in which all the designs are protected by the law no.5846 of intellectual property rights.
“It is a protected database in accordance with the Law No. 5846 on Awayzon in which the content accessed within the site is stored, classified, questioned and accessed.
“My Visits” web page: is a specific web page for the "Member" accessible by the combination of user name and password to process the transactions to benefit from the “Services” of house, yacht and vehicle rental mentioned on the “Site”.
“User Profiles”: the web page only can only be accessed by entering username and password combination in which the “User” can perform the necessary operations: enter data of personal information, preferences and the application based information requests by “Site” to benefit from the “Services” provided by “Site”,
“Personal Data”: Pursuant to Article 3 / d of the Law No. 6698 on the Protection of Personal Data (KVKK), all kinds of information relating to an identifiable or identifiable natural person and personal data specified in Article 6/1 of KVKK.
“Sensitive Personal Data”: Data about people's race, ethnicity, political thought, philosophical belief, religion, sect or other beliefs, costume and dress, association, foundation or union membership, health, sexual life, criminal conviction and security measures and biometric and genetic datas are considered as personal data.
3. “The subject of this “Membership Agreement” is to determine
4. Membership Conditions
4.1 In order to become a member of the “Site”, it is necessary to attain maturity and not to be temporarily suspended, suspended or banned from membership in accordance with “Membership Agreement” by “Awayzon.
4.2 Without any reason, without notice, compensation, punishment, etc. may terminate this “Membership Agreement” which enters in the force immediately and unilaterally, terminate or temporarily terminate. In case of breach of the rules stated in the "Site", because of the risk that the “Member” creates on information security system, Awayzon may terminate or temporarily terminate the “ Membership”.
5. Rights and Obligations of the Parties
5.1 "Rights and Obligations of the “Member”
5.1.1 “Member", shall act in accordance with the rules, declarations, all applicable laws and codes of ethics specified in the “Site”, and accepts and undertakes that understands and agrees with the provisions of the “Membership Agreement” and all the terms and rules on the“ Site ”.
5.1.2 “Member”, in cases where “Awayzon” is obligated to make a statement to the official authorities in accordance with the provisions of the legislation in force; accepts and undertakes that it is authorized to disclose confidential / private / personal data-private personal data / commercial information belonging to “Members” to the authorities and therefore will not demand any compensation from “Awayzon” under any name. In addition, if the “Member” notifies “Awayzon” with the claim that any person or institution's rights have been violated in relation to the advertisements on the“ Site”, and informs that it will apply to the judiciary; “Awayzon” may give the name and surname information of “Member” given to the relevant party on “Awayzon”.
5.1.3. Membership registration process is completed by entering the required credentials to the site and confirming the e-mail sent to the “Member”s e-mail address. Anyone who completes the membership registration process is considered to be the “Member“ of the “Site”. This agreement shall be valid for all members and shall be deemed to have entered into force on the date of approval for existing users upon completion of the membership registration process for new users. It is the sole responsibility of the “Member” to ensure the security of the username and password used to log into the “Awayzon” Membership Account, to ensure that it is used exclusively and individually, and to keep it from third parties. The “Member” shall be liable for any material and / or moral damages incurred or may be incurred by “ Members” to “Awayzon” and / or third parties due to negligence or defects in this regard.
5.1.4. "Member", The information and contents provided within the “Site” by the “User” are correct and in accordance with the law, the information and contents on the "Site" or the sale and display of products associated with these contents, in accordance with the applicable legislation does not contradict with any applicable law. "Awayzon" shall not be liable to investigate the accuracy of the information and contents transmitted by" Member "to" "Awayzon "or uploaded by" Member "on the" Site ", nor shall it be liable for any damages resulting from incorrect or incorrect publication or publication of such information and contents.
5.1.5. “Member”, Cannot transfer the rights and obligations under this “Membership Agreement” to any third party partially or completely without the written consent of “Awayzon”.
5.1.6. “Member” member may act on the "Site" for lawful purposes. The legal and criminal responsibility of every transaction and action performed within the "Site" belongs to “Member”. “Member” commits not to use the pictures, texts, visual and audio images, video clips, files, databases of “Awayzon” and / or another third party within the “Site” which will constitute a violation of the rights, assets, personal data in kind or personal. reproduce, copy, distribute, process, transfer to another database; does not engage in any commercial activity by performing such actions; accepts and undertakes that it will not perform unfair competition and conduct directly or indirectly through these actions. “Awayzon” shall not be held liable in any way directly and / or indirectly for any damages or damages incurred by third parties due to the activities on the “Site” performed by the “Member” in contradiction with the provisions of this“ Membership Agreement” and the law.
5.1.7. “Awayzon”, allows members to view the advertisements and use the “Awayzon” Learning Interface only for the purpose of learning the contents of the relevant advertisements. Direct or indirect publication, compilation, processing, transfer to other databases, access to and use of third parties from this database, linking to advertisements on “Awayzon” are not permitted by “Awayzon”. Such acts are unlawful; “Awayzon” reserves the right to claim, prosecute and pursue.
5.1.8. “Awayzon” does not have any responsibility regarding the defects in the goods and services received from third parties, and that all kinds of demands and responsibilities within the scope of the Law on the Protection of Consumer and other relevant legislation belong to the related goods and services seller and that they are responsible for all kinds of responsibilities and liabilities. “Member” accepts and undertakes to release “Awayzon”
5.1.9 “Member” shall be deemed to have accepted that the features stated and promised made through announcements on “Site”are correct. The Advertiser undertakes to return the reservation fee to the guest in case of not providing any property or services that are subject to rent. “Advertiser” shall be deemed to have declared that all written and visual information provided on the“ Site” regarding the goods or services provided to the advertisement are authentic.
The identity information of the guest (such as identity, passport) provided by the guest does not have anything to do with the “Site”. In order to prevent problems, it is required by the “Advertiser” to provide the information and documents (identity, passport) requested from him in accordance with the reality. Advertiser reserves the right to cancel the reservation in the false declarations. The guest is responsible for the accuracy of the information provided. No refunds will be made for cancellations resulting from misrepresented information.
5.2. "Awayzon" Right and Obligations
5.2.1. "Awayzon provides its members with a virtual marketplace that provides short-term housing, short-term boats, short-term vehicles, vehicle transfer services of renting. “Awayzon” commits to provide the services mentioned in this “Membership Agreement”, undertake to fulfill the conditions specified in this “Membership Agreement” and to establish and operate the technological infrastructure necessary for the provision of the services specified in this “ Membership Agreement”. The obligation to establish the technological infrastructure referred to in this article does not constitute an unlimited and complete service commitment; “Awayzon” may stop or terminate the services and technological infrastructure determined by this “Membership Agreement” at any time without any notification.
5.2.2. “Awayzon” reserves the right to change the services and content offered on the Site at any time, to close and delete the information and contents uploaded by the “Members” to third parties, including “Site” users. "Members" are obliged to carry out the changes and / or corrections requested by "Awayzon" as soon as possible. The damages, legal and penal liability arising from or due to non-fulfillment of the corrections from the users are “User”s responsibility.
5.2.3. In the "Site", users are not allowed to add any written or visual links to another site. “Advertiser” can not link to another site in the areas reserved for the advertisement. “Members” cannot write a link address, abbreviation, etc., which will redirect users to another site, in areas reserved for comment and evaluation of advertisements.
5.2.4. “Awayzon”may remove messages that are contrary to the the law, the rights of others, the terms of the “Membership Agreement”, the general code of ethics for the protection of personal data, and may remove content at any time and in any manner. “Awayzon” may terminate the membership without notice.
5.2.5. “Awayzon”, “Awayzon” employees and management are not responsible to investigate and check the accuracy, quality, legality, authenticity, compliance of the contents and products and services provided by “Members” ve and “ Users ”on the “Site”.
5.2.6. "Awayzon", operates as “Hosting Service Provider” in accordance with the Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed by These Publications.
5.2.7. Using "Rent on Vacation", "Advertisers" on TV, Radio, Cinema, Newspaper, Magazine, Billboard and Digital Media for the purpose of selling and marketing any visual, video, written text uploaded to "Site" while adding an advertisement to the site after becoming a "Member" has the right.
6.2. The data of the “Member” which may constitute personal data and entered into the “Site” by “Member”, are collected by “Awayzon” for the use of the functions of the Site and the purposes mentioned above. “Member” agrees, declares and undertakes that the collection, processing and transfer of such data is primarily a compulsory element of the operation on Site, otherwise it is not possible for them to benefit from the services and features offered on the Site.
7. Cancellation Policy
7.1 “Listing Owner” may choose to cancel services in accordance with this “Membership Agreement” and one of the annexes and an integral part of this “Membership Agreement” Annex-2 Cancellation Conditions. The “Guest” may perform the cancellation process within the framework of the cancellation conditions selected by the “Listing Owner”.
7.2 The guest will be deemed to have read and understood the Cancellation Policy stated in the notice after making the reservation. In case that the “Guest” wishes to cancel the reservation, the Advertiser will refund the fee in accordance with the cancellation procedure clearly stated in the advertisement.
7.3 “Member” holds the right to cancel the reservation unconditionally only in the following cases:
- Failure to reach the advertiser by the customer or the customer service until 6 hours before the reservation time
- Death in family (proof required)
- Natural disaster in the destination area
8. Right of Withdrawal
Pursuant to Article 15 (g) of the Regulation on Distance Contracts prepared on the basis of Articles 48 and 84 of the Law no. 6502 on Consumer Protection, accommodation, transport of goods, car rental, catering and the consumer cannot exercise his right of withdrawal in contracts for the evaluation of leisure time for entertainment or recreation purposes.
9. Billing and Invoice
9.1 For bookings made via the Site, “Awayzon” invoices the amount of the service fee. StewPayers are obliged to submit declarations for rental income.
9.2 Advertisers are obligated to submit a declaration for rental income. Advertisers who are not taxpayers cannot issue invoices, they can only submit tax declarations.
9.3 Enterprises or commercial facilities that are “Advertiser” and operating certificate through the “Site” are obliged to issue invoices to the guest for the fee they collect from the guest through the “Site” .
10. The Closing
The rules and conditions mentioned in “Membership Agreement” and the annexes which are an integral part of the “Membership Agreement” entered into force upon electronic approval by the “Member” in electronic environment. The invalidity of any provision of the “Membership Agreement”, contradiction with the legislation or not applicable shall not affect the validity of the remaining provisions of the “Membership Agreement”.
11. “Membership Contract”Annexes