| Title: | İBİLET BİLET DAĞITIM BASIM VE TİCARET ANONİM ŞİRKETİ (MERSİS: 0469121454700001) |
|---|---|
| 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 Distance Sales Contract contracted 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,
EVENT ORGANIZER
shall mean the third party organization manager who, plans, organizes, budgets, determines and allocates the appropriate venues, purchases services such as security, lighting, sound equipment, screen, stage, food and beverage when necessary and determines the arrangement of the Event(s) described above, and also chooses and provides the coordination and recruitment of the employees who will work in Events,
EVENT
shall mean all kinds of concerts, theatres, cinemas, dance performances, operas, stand-ups, festivals, competitions, sport organizations, museums and historical sites, exhibitions, cultural and entertainment centers and all kinds of artistic, cultural, sportive and other activities and/or temporary and indefinite exhibitions, such as but not limited to those listed where tickets subject to sale under this Contract which gives to the Buyer the right to enter/participate,
LAW
shall mean Consumer Protection Law numbered 6502,
MESSAGE MANAGEMENT SYSTEM PROVIDER
shall mean the …. Anonim Şirketi which is a commercial electronic message service provider to the Sales Platform where the Seller offers products and services with reference to this Contract,
MINISTRY
shall mean Republic of Turkey Ministry of Trade,
ORDERING PARTY
shall mean a natural person who requests a good or service through the Sales Platform,
PARTIES
shall mean the Seller and the Buyer,
PRINTED TICKET
shall mean the financially valueless tickets subject to the sale under this Contract which are printed by the Seller in advanced upon the request of the Buyer and have the characteristics of placement receipt,
REGULATION
shall mean Regulation on Distance Sales,
SALES PLATFORM shall mean flat organization consisting of the Seller's current sale channels and/or the retail, call center, internet, mobile applications and all similar sales and distribution channels to be developed later,
SELLER shall mean Ibilet Bilet Dagıtım Basım ve Ticaret Anonim Sirketi, which offers goods to the consumer for commercial or professional purposes or acts on behalf of or on behalf of the supplier and whose information is provided in Clause 1 of the Contract,
SERVICE shall mean the subject of all kind of consumer transaction made or promised to be made in return for a fee or benefit other than the supply of goods under the Contract,
VENUE shall mean hall, field, stage, auditorium, square, including but not limited to, all kinds of proper areas where events take place,
under this Contract.
3.1. The subject of this Preliminary Information Form (shortly “Form”) is to inform the Buyer before the contract is concluded, pursuant to the Law and Regulation, by the Form, which is an annex and an integral part of the Distance Sales Contract (shortly “Contract”) to be established between the Seller and the Buyer.
3.2. The Form and Contract are kept by iTicket and the Buyer can freely access both texts from his account.
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. If payment in installments is chosen, the Seller and its business partner Bank may apply an interest. When the purchase is made, the payment of the maturity difference is also deemed to be accepted. In addition, according to the method chosen for ticket delivery, identity and/or credit card checks can be made to the credit card holder.
4.6. 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.
4.7. 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.
4.8. 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.
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 this Form.
6.1. 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.
6.2. 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.
6.3. 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.
6.4. 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.
6.5. 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.
6.6. 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.
6.7. Apart from the fee and related service prices (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.
6.8. 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. 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.
7.1. 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.
7.2. Confidentiality rules regarding the use of the Sales Platform and the Contract are included in the Terms of Use section, which, like the Form, 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.
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.