| Title: | İBİLET BİLET DAĞITIM BASIM VE TİCARET ANONİM ŞİRKETİ (TUNA TAX OFFICE TAX NO: 4691214547) |
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| Address: | Selçuklu Cad. C Blok No:2/3 Vadipark Seyrantepe, Kağıthane/İstanbul |
| Telephone: | 0850 242 4400 |
| E-Mail: | [email protected] |
BUYER/CONSUMER
shall mean a natural person who acquires, uses a good or service or benefits from a good or service for non-professional and non-commercial purposes and also indicated under Clause 1 of this Contract,
COMMERCIAL ELECTRONIC MESSAGE
shall mean data, audio and video content sent for commercial purposes which are carried out in electronic environment by using such as telephone, call centers, fax, automatic dialing machines, smart voice recorder systems, e-mail, short message service,
CONTRACT
shall mean this Contract concluded between the Seller and the Buyer,
DIGITAL TICKET
shall mean tickets subject to the sale under this Contract which are created digitally by the Seller upon the request of the Buyer and delivered to the Buyer on the electronic media,
3.1. The subject of this Distance Sales Contract (abbreviated as the “Contract”) is to form Parties’ obligations and rights in accordance with Protection of the Consumer Law numbered 6502 (abbreviated as the “Law”) and the Regulation on Distance Contracts dated 27.02.2015 regarding the sale and delivery through the Sales Platform of the Printed and Digital Tickets which their qualification, number and sale price are described under Clause 4 of this Contract upon the order request of the Buyer to the Buyer (abbreviated as “Ticket” or “Tickets”).
3.2. The Terms of Use which indicated on the Sales Platform is an integral part of the Contract. Buyer shall be deemed to have accepted the Terms of Use on the Sales Platform by acknowledging the Contract.
4.1. Basic characteristics (type, quantity, number, associated event, etc.) of the Ticket(s) subject to sale in this Contract are published on the Seller’s Sales Platform.
4.2. The prices listed and announced on the Sales Platform are the sale price of the Ticket. Advertised prices and promises are valid until they will be updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4.3. The Seller may sell to the Buyer without receiving a service price (and/or other additional fees) for the unit ticket that sold in different mediums of the Sales Platform to be determined by the Seller, with the campaigns to be carried out in the periods with the date range to be determined and announced in advance by the Seller.
4.4. If a campaign is organized by the Seller, the basic features of the relevant product can be examined by the Buyer during the campaign. These features and prices are valid until the end of the campaign.
4.5. Upon the completion of the purchase of the Ticket subject to the Contract, the Ticket will be issued in digital environment and transmitted to the Buyer by digital media, depending on the Buyer's choice.
4.6. In case the Buyer offers the option of physical ticket delivery regarding the event, in the event that the Buyer requests the delivery of the Ticket to the address which he/she has determined, the delivery courier cost specified in this Contract shall be paid by the Buyer. The Seller cannot be held responsible for any problems arising from the Buyer that the courier company may encounter during the delivery of the Ticket to the Buyer, or for the Ticket not being delivered to the Buyer on time due to the Buyer's absence at the address declared by the Buyer.
4.7. If the Buyer is not present at the delivery address declared in the Contract, he/she will be responsible for the additional shipping costs incurred due to re-sending the Ticket. If the ticket is to be delivered to a person/organization other than the Buyer, the name/title, address and contact information of the person/entity to be delivered shall be specified clearly and in writing by the Buyer at the time of order and the Seller cannot be held responsible for the failure of the delivery due to the person/organization not accepting the delivery or not being at the specified address.
General Terms
5.1. The Seller is the owner and operator of the Sales Platform, and as its main field of activity sells the entrance tickets of the Event(s) organized and operated by third parties, as defined under Clause 2 of the Contract, also Seller offers other goods and services related to this main field of activity through the Sales Platform to its customers.
5.2. The Seller is not the owner or organizer of the Events and organizations which the tickets sold are related, and only provides the sales service of the tickets of the said Events and organizations. In this context, the Seller does not have the right and authority to determine the ticket prices or the seating areas.
5.3. The Sales Platform is only for personal use. The Buyer can make transactions and purchases from the Sales Platform in accordance with the limits that can be determined separately for each Event, only for himself and for the persons who will attend the Event together without any commercial purpose. It is strictly forbidden to sell tickets and other products and services purchased from the Sales Platform to third parties or to re-trade in any way. The information and documents that the legal authorities may request from the Seller in this sense may be shared with the legal authorities by the Seller.
5.4. After the ticket is purchased, the Pre-Information Form must be confirmed on electronic environment for delivery. If, due to any reason, the payment of the ticket sales price does not reach the Seller or the payment is cancelled in the bank records, the Seller shall be deemed to be relieved of its obligation regarding the delivery of the Ticket.
5.5. In the case that the Ticket is purchased with a credit card, if the bank or financial institution fails to pay the Ticket sales price to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault after the order and delivery of the Ticket, Buyer must return the Ticket to the Seller within 3 (three) days, provided that the Ticket has been delivered to him/her. In this case, the delivery expenses will also belong to the Buyer.
Storage of Tickets
5.6. The responsibility of controlling and keeping the purchased Ticket(s) belongs to the Buyer. The ticket may be damaged by physical exposure to direct sunlight, heat or humidity. For this reason, the Ticket must be stored in a dry and safe place not directly exposed to the sun. The Seller is not responsible for the lost, stolen or destroyed Ticket.
Venue and Organization Rules
5.7. The purchase conditions of the Ticket(s) are arranged according to the rules of the relevant venue and the Event Organizer. If Buyer breaches any of these rules and regulations, harms other participants or the venue where the Event takes place, shows prohibited behaviours (including measures to be taken against public safety, public health or COVID-19) that will disturb other participants, unlawful and/or criminal acts, the Event Organizer has the right to take the Buyer out of the venue or not to let him enter in the venue. In this case, the Seller is not liable in any way, including the refund of the ticket price.
5.8. Entrance to the event venue and exit from the venue is made in accordance with the rules and regulations determined by the Event Organizer. In case the Buyer is late for the Event, he/she can only get in subject to the rules and regulations set by the Event Organizer. If the event is a theatre play; after the game has started, no spectators are allowed in the hall. These rules may differ depending on the organizer. According to the announced rules, the participant who arrives after the event has started may not be accepted to the event. In this case, the ticket of the participant ticket holder will not be suspended, replaced with an event on another date, and no refund will be made. The Seller has no guarantee responsibility regarding to the entrance to venue or refund for late participants.
5.9. Usage of camera, mobile phone or recording equipment is subject to rules and regulations set by the Event Organizer. Therefore, it may be prohibited to bring cameras or other recording equipment, laser pens and mobile phones into the Event Venue. The Seller is not responsible for the protection and surveillance of the personal belongings of the Event participants, including pre-contractual strict liability arising from the Event venue and its surroundings.
5.10. The Event Organizer may prohibit animals from being allowed into the Venue, with the exception of dogs that guide the disabled people.
5.11. The Event Organizer may prohibit the entry of food and beverages brought by customers from outside into the Venue.
Cancellation of the Event or Postponement of the Occurrence Date
5.12. The event may also be cancelled or postponed by the Event Organizer for various reasons. In case of cancellation or postponement of the Event/Events, the way and methods to be followed will be determined by the relevant Event owner or Event Organizer. In this case, the Seller publishes the information provided to him by the Event Organizer on the Sales Platforms in order to inform the Buyer. The buyer is obliged to follow the notifications and announcements will be made. The Seller does not make any commitments, guarantees or assurances so that the Buyer will be informed of the notifications and announcements before the Event. This does not in any way demonstrates that the Ticket(s) or Services offered, subject of the Contract which have been sold are defective/poor/faulty.
5.13. The Seller has no responsibility regarding cancellation or postponement situations of the Event(s); the Buyer agrees that all responsibility belongs to the Event Organizer. In terms of Event(s) postponed to a later date, if the Buyer does not notify the Seller within the period given by the Event Organizer, he/she will not be able to attend the Event(s) on the new date determined upon the notification to be made to him/her, the purchased ticket will not be cancelled and the sales price will not be refunded.
5.14. If the Seller is unable to fulfil its obligations under the Contract due to the impossibility of delivery of the Ticket to the Buyer, Seller shall notify the Buyer within 3 (three) days after learning this situation and is obliged to refund the Ticket price, Service fee and all fees related to ticket delivery collected from the Buyer within 14 (fourteen) days following mentioned notification. If the service fee(price) and/or additional fees are not collected for the tickets sold with the special offers, the Seller shall not be liable for any refund other than the ticket price.
In case of cancellation or postponement of the event, the Event Organizer has the right to impose certain limitations regarding the return conditions, depending on the agreement between the Seller and the Event Organizer. It is the Buyer's responsibility to comply with the return conditions and instructions and all other limitations to be determined by the Event Organizer. If these conditions are not complied with, the ticket sales price may not be refunded, and the Seller has no responsibility in this context.
Force Majeure and Refund
5.15. If the Seller is unable to deliver and supply the Ticket(s) subject to the Contract in due time due to force majeure or extraordinary circumstances such as extreme weather conditions that prevent delivery, interruption of transportation, curfew, social events, the Seller is obliged to immediately notify the Buyer regarding the situation. In this case, the Buyer may use one of the following limited optional rights: if it is possible, (i) cancelling the order, (ii) replacing the Ticket(s) subject to the Contract with a similar event with a later date, if any, or (iii) delaying the delivery period until the obstructive situation disappears.
5.16. In the event that the Ticket can be substituted in the digital environment, the Buyer shall receive the Ticket in this way unless the existence of such force majeure affects the health of the Event.
Protection of the Personal Data
5.17. The Seller is responsible for the storage and security of the personal data obtained regarding the Buyer or third parties within the scope of the Contract. Each of the parties accept and declare that they will fulfil all the legal requirements in the Law on the Protection of Personal Data numbered 6698 (“LPPD”) and also fulfil all the legal requirements regarding all kinds of data defined as "personal data" in the relevant legislation stated under the LPPD and the relevant legislation.
5.18. The Seller, as the data controller, processes, transfers and shares with official authorities the personal data it has obtained (including special categories of personal data) as clearly stated in the Privacy Notice in accordance with the personal data processing policy, Constitution of Republic of Turkey, LPPD and other local legislation on personal data, Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, The EU General Data Protection Regulation (GDPR) provisions and other international standards in this field and the Seller, stores and destroys mentioned data accordingly to Personal Data Retention and Destruction Policy.
5.19. Which personal data obtained, how and for which legal purposes it is processed, for what period of time it is stored, to whom it is transferred for what legal purposes, how to convey the rights and demands of the data owner to the data controller, how long it will be answered, etc. for all such information, the Buyer accepts and declares that he/she has been informed in accordance with the Privacy Notice and that he can access this information at any time.
Seller’s Statement of Disclaimer
5.20. The addressee of any disruption or negativity that may occur in the Event(s) is the relevant Event Organizer. The Seller cannot be held responsible in such cases where any Event is not performed, even if it is carried out, it is not as promised and in quality, contains content that violates the rights of the user or any third party, causes bodily or economic harm, and contains items contrary to the law or general moral rules. In such cases, the Buyer directs its rights to the owner of the relevant Event or the Event Organizer. In such cases, the Seller may provide the coordination requested by the legal authorities.
5.21. Apart from the price and related service fees (which may not be added on some tickets) on the Ticket, the Seller has no other commitments or obligations regarding the sale of the Ticket or the Event. Except for the scope of responsibility specified in this article, it is deemed to have been understood, discussed and accepted by the Buyer in advance that the Seller is not responsible.
5.22. The Event Owner or Event Organizer determines the maximum number of tickets per person for the event. The Seller may impose restrictions on the number of Tickets that can be sold at the times announced on the Sales Platform. This number is indicated on the event detail page. In case of selling more tickets than the venue capacity via the Sales Platform or Event Organizer, the Seller reserves the right to unilaterally cancel the tickets purchased from himself without prior notice, provided that the ticket sales prices are returned to the Buyer within the legal time limit. By accepting this issue, the Buyer accepts, declares and undertakes that the Seller has the right to cancel the order in orders that exceed the quantity limit, and that this situation will not create an unfair condition against the consumer.
Since all Ticket sales within the scope of the Contract are decisive as a rule, the Buyer has no right of withdrawal, and the Buyer cannot return the tickets he has purchased, based on his right of withdrawal arising from the Law or the Regulation, and cannot demand refund of the sales price. The Buyer has no right of withdrawal regarding the tickets purchased pursuant to Article 15 (g) of the Regulation on Distance Contracts. The Buyer confirms that he has been fully and correctly informed about the right of withdrawal with the Pre-Information Form.
The Buyer accepts, declares and undertakes that in all disputes arising from or related to the Contract, the Seller's books and records, e-mail correspondence, the Contract and its inseparable parts, electronic information kept in its database and servers, computer records will constitute binding, conclusive and exclusive evidence, and that this article is in the nature of an evidential contract within the meaning of article 193 of the Code of Civil Procedure.
The addresses of the parties written in the Contract are the notification addresses, and unless the parties notify the other party of the address changes through a Notary Public, the written notifications to the addresses of the parties written in this Contract will be valid.
All disputes arising out of or in connection with this Contract are ultimately resolved by the Istanbul (Central-Çağlayan) Courts and Enforcement Offices, which are exclusively authorized, and by the Provincial and District Consumer Arbitration Committees, depending on the monetary limit, by applying Turkish Law.
10.1. Regarding all kinds of information, software, content, design, presentation, drawing, visual, audio recordings and their editing, revision and partial/complete use and presentation in the Seller's Sales Platform and other areas where service is provided; except those belonging to third parties; all financial and moral rights of the author originating from the Law numbered 5846 and intellectual and industrial property rights in accordance with the Law numbered 6769 belongs to the Seller. Mentioned products cannot be copied, transmitted to the public, reproduced, used or processed in whole or in part without permission in a way that violates these intangible rights.
10.2. Confidentiality rules regarding the use of the Sales Platform and the Contract are included in the Terms of Use section, which is an annex and an integral part of the Contract. Acceptance of the Terms of Use is independent of this Contract; it is not dependent on the establishment of the Contract, the Buyer may reject the Terms of Use later. The Buyer accepts and declares that he/she approves Terms of Use by being informed about the Terms of Use upon approval of the Contract.
10.3. The Buyer declares that he/she is informed regarding the Seller's title and contact information, the basic characteristics of the Ticket(s) that are the subject of the Contract presented on the Sales Platform, VAT and any other additional cost and the sales price in Turkish Lira, delivery conditions, payment method, that there may be different rules regarding the Event and Venue, that withdrawal right is cannot be used. Buyer declares that he/she has read the legal remedies that he/she can apply in case of conflict accurately and completely and is informed and he/she declares that he/she approves the conditions regarding the realization of the ticket sales in the electronic environment which are included in the Pre-Information Form, also to be given to him by the Seller prior to the conclusion of the Contract.
10.4. This Contract, which consists of 10 (ten) main articles, has been read by the Parties and has been concluded and entered into force by being approved by the Buyer electronically on the transaction date. A copy of the Contract is available in the Buyer's membership account and can also be sent by e-mail upon request.
[The text of the Contract is kept by the Seller after the conclusion of the Contract, and you can always access this Contract from the Distance Sales Contract section of our site as of the revision dates. If you wish, you can easily access the physical copy of the contract by printing it out.]
| Seller: | İBİLET BİLET DAĞITIM BASIM VE TİCARET ANONİM ŞİRKETİ (TUNA TAX OFFICE TAX NO: 4691214547) |
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