USER AGREEMENT
1. PARTIES
1.1. This membership agreement (“Membership/User Agreement”) has been entered into between Dm Seyahat Turizm, located at Ölüdeniz Neighborhood, Atatürk Street, No. 130, D:10, 48300 Fethiye, Turkey, and the Member (“Member/User”) to establish the terms and conditions governing the Member’s use of the Services offered on the Tatilaktiviteleri Website.
1.2. Dm Seyahat and the Member shall be referred to individually as a “Party” and collectively as the “Parties” in this Membership Agreement.
2. DEFINITIONS
Cookie Policy: This refers to the text—which is accessible via the Website—that provides information about the cookies used to ensure the Website’s functionality, improve Members’ shopping experience, and present content tailored to Members’ preferences and interests based on information regarding their visits to the Website.
Privacy and Personal Data Protection Policy: This refers to the document—which is available on the Website—that sets forth Dm Seyahat’s general privacy policy regarding personal data, including matters such as the purposes for which and the manner in which Dm Seyahat will use the personal data provided by Members through the Website.
Service: Refers to the products, services, and applications offered by Dm Seyahat or a business partner designated by Dm Seyahat for the purpose of enabling Members and Visitors to carry out the activities and transactions defined in this Membership Agreement.
Service Provider/Seller: Refers to a legal entity or individual member who has registered on the Website under the Seller Partnership and Listing Agreement entered into with DM Seyahat and who offers various products and/or services for sale through listings published via the account they created on the Website.
Customer/Member/Buyer: This term refers to a natural person who becomes a member of the Website under this Membership Agreement entered into with DM Seyahat and who purchases the products and/or services offered for sale by the Seller through listings on the Website.
Profile Page: This refers to the Member’s personal page, where the Member can perform the necessary actions to use the various applications and Services available on the Website, enter their personal data and the information requested on an application-by-application basis, and which is accessible only with the username and password specified by the Member.
Online Store: This refers to the virtual space on the DM Seyahat website that DM Seyahat has allocated to Sellers in accordance with its terms and conditions, where Sellers have the ability to publish listings consisting of content and images related to the sale of one or more products and/or services.
Website: This refers to the website, mobile applications, and mobile site with the domain name www.tatilaktiviteleri.com, which is owned by DM Seyahat and through which DM Seyahat provides the Services specified in this Agreement.
Visitor: Refers to a natural person who uses the Website without registering as a member and who makes use of the Services.
Personal Data: It refers to any information that identifies or makes a person identifiable.
KVKK: Refers to the Personal Data Protection Law No. 6698.
3. SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT
3.1. Dm Seyahat operates the Website and is an intermediary service provider under Law No. 6563 on the Regulation of Electronic Commerce.
3.2. Pursuant to the Membership Agreement, the Member wishes to register on the Website, use the Services, and purchase products and/or services sold by Sellers in their Online Stores on this platform.
3.3. The purpose of the Membership Agreement is to establish the terms and conditions governing the Member’s use of the Services and to define the rights and obligations of the Parties in this regard. By accepting the Membership Agreement, the Member declares and undertakes that they also accept all statements regarding the Services, usage, content, applications, and Members currently available on the Website and those that may become available in the future.
3.4. For the avoidance of doubt, this Membership Agreement is solely between the Parties and covers the terms and conditions regarding the Services currently available on the Website and those that may become available in the future. The relationship between Members and Sellers is not covered by this Membership Agreement, and Dm Seyahat is in no way liable for the relationship between Members and Sellers. Members may exercise their rights against Sellers regarding transactions conducted through the Online Store in accordance with applicable laws, primarily the Law No. 6502 on the Protection of Consumers.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. To obtain member status, the Membership Agreement must be accepted, and the information requested on the membership page must be filled out with accurate and up-to-date details. Users wishing to become members must be at least 18 (eighteen) years of age. Members who fail to provide accurate and up-to-date information when completing the Membership Agreement are personally liable for any damages that may arise as a result.
4.2. In the event of a dispute regarding which person holds the rights and obligations associated with a membership, and if the parties involved submit a request to Dm Seyahat regarding this matter, Dm Seyahat shall deem the person who most recently made a payment to Dm Seyahat for any Service using the relevant membership account to be the owner of that membership account, and and shall have the right to act accordingly.
4.3. Dm Seyahat does not act as the seller of any product or service featured on its Website and, pursuant to Law No. 6563 on the Regulation of Electronic Commerce, acts solely as an “intermediary service provider” under Law No. 6563 on the Regulation of Electronic Commerce and a “hosting provider” under Law No. 5651 on the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through Such Publications; it bears no responsibility for content featured on the Website that it has not published itself and has no obligation to verify whether such content complies with the law. Although Dm Seyahat has no such obligation, and at its sole discretion, it reserves the right to review such content at any time and, if deemed necessary, to block access to or delete it. Any person who infringes upon the rights of Dm Seyahat or third parties through any visual, written, or other content published on the Website is liable to Dm Seyahat and/or the relevant third parties.
4.4. The Member acknowledges that in distance sales contracts entered into for purchases made from any Seller through the Website, the Seller is the seller and the Member is the buyer; Dm Seyahat is not a party to the aforementioned distance sales contract; therefore, the Member acknowledges and declares that the Seller alone is directly liable to the Member in every respect under applicable consumer protection laws and other relevant legislation. In this context, the Member is solely responsible for the quality, safety, compliance with regulations, the issuance of warranty certificates, invoicing, and the delivery of all other necessary documents, as well as any post-sale services and the timely delivery of products, are the sole responsibility of the Seller.
4.5. The Member acknowledges and agrees that, in all transactions and communications conducted on the Website, they will act in accordance with the provisions of this Membership Agreement, all terms and conditions specified on the Website, applicable laws, and ethical standards. The Member bears full legal and criminal liability for the transactions and actions they undertake on the Website.
4.6. Dm Seyahat may, upon request by the competent authorities in accordance with applicable legislation, Dm Travel may share the Member’s personal data held by it with such authorities, in accordance with the Personal Data Protection Law No. 6698, provided that the Member is notified in advance where required, and in all cases subject to data transfer regulations.
4.7. Personal data collected from Members during registration on the Website and/or during transactions may be used in disputes arising between Members and/or Sellers regarding fraud, deception, misuse of the Website, or matters that may constitute a crime under the Turkish Commercial Code No. 6100, solely to the extent necessary to enable the parties to exercise their legal rights regarding the specific matter in question, may be disclosed to other Members and/or Sellers who may be parties to the dispute, in accordance with the Personal Data Protection Law No. 6698, provided that the data subject is informed in advance where required, and in all cases subject to data transfer regulations.
4.8. The username and password required for the Member to access their Profile Page and perform transactions through the Website are created by the Member, and the security and confidentiality of such information are entirely the Member’s responsibility. The Member acknowledges that any transactions conducted using their username and password are deemed to have been performed by them, that liability arising from such transactions rests solely with them, and the Member hereby acknowledges, declares, and undertakes that they may not raise any defense and/or objection claiming that such transactions were not performed by them, and/or refuse to fulfill their obligations based on such a defense or objection.
4.9. The Member shall not use the Website in a manner contrary to the law or public morality, including but not limited to the following circumstances:
4.9.1. Using the Website for the purpose of creating a database, registry, or directory on behalf of any person;
4.9.2. Using the Website, in whole or in part, for the purpose of disrupting, modifying, or reverse-engineering it;
4.9.3. Conducting transactions using false information or another person’s information; creating fictitious Membership accounts by using false or misleading personal data—including false or misleading residential addresses, email addresses, contact information, payment information, or account details; and using such accounts in violation of the Membership Agreementor applicable laws; the unauthorized use of another Member’s account; or acting as a party to or participating in transactions by impersonating another person or using a false name;
4.9.4. The use of review and rating systems for purposes other than their intended use—such as publishing reviews from the Website outside the Website or using the systems in a way that manipulates them;
4.9.5. The dissemination of viruses or any other technology that could harm the Website, the Website’s database, or any content on the Website;
4.9.6. Collecting any information—including email addresses—about Members or Sellers without the consent of the individuals concerned, or engaging in other practices that would constitute a violation under the Personal Data Protection Law No. 6698;
4.9.7. Engaging in activities that would create an unreasonable or disproportionately large load on the communications and technical systems designated by the Website or that would harm its technical operation; using “screen scraping” software or systems—such as automated programs, robots, web crawlers, spiders, data mining, or data crawling; and the unauthorized copying, publication, or use of all or any part of the content on the Website in this manner;
4.9.8. The use of the Services, as well as the promotions and benefits offered on the Website, in bad faith and for the purpose of obtaining an unfair advantage; or the willful violation of the terms of such promotions.
4.10. The Member is obligated to conduct all transactions on the Website in a manner that does not cause any technical harm to the Website. The Member acknowledges and undertakes to take all necessary measures—including the use of necessary protective software and licensed products—to ensure that all information, content, materials, and other content provided to the Website do not contain any programs, viruses, software, unlicensed products, Trojan horses, etc., that could harm the system. including the use of necessary protective software and licensed products. The Member also agrees not to access the Account Page using bots or automated login methods.
5. TERMINATION OF THE AGREEMENT
5.1. Either Party may terminate this Membership Agreement unilaterally and without paying compensation at any time. In the event of such termination, the Parties shall fully fulfill their respective rights and obligations that have arisen up to the date of termination.
5.2. Dm Seyahat reserves the right to suspend or terminate a Member’s membership, as well as to pursue legal action and take further measures, if it determines that the Member has violated any provision of this Membership Agreement or has reasonable grounds to suspect such a violation.
6. PRIVACY AND PROTECTION OF PERSONAL DATA
6.1. Dm Seyahat places great importance on ensuring that the personal data provided by the Member through the Website—in order to use the Services offered on the Website—is processed, secured, and protected in compliance with all applicable legislation, including the Personal Data Protection Law No. 6698. In this context, Dm Seyahat may collect, use, transfer, and otherwise process the personal data provided by the Member in accordance with the Privacy and Personal Data Protection Policy and the Cookie Policy available on the Website. Members may review the Privacy and Personal Data Protection Policy available on the Website at any time to learn more about the conditions regarding the use of their personal data and their rights in this regard, and may exercise their rights as specified therein. [email protected] by sending an email to that address or using the other methods specified in the Application Form on the Website.
6.2. Personal data shared by the Member on the Website for the purpose of creating a Membership or using the Website; the fulfillment of the obligations set forth in the Membership Agreement, the execution of the processes necessary for the operation of the Website, to provide various benefits to Members or Visitors, to process payments, to fulfill order deliveries, to provide customer service and handle complaint tracking, and to conduct personalized advertising, sales, marketing, surveys, and any other electronic communications for similar purposes, as well as profiling, and statistical studies. Additionally, this personal data will be shared with suppliers or business partners for the purpose of offering Member-specific benefits and conducting sales, marketing, and similar activities, provided that the obligations arising from the Personal Data Protection Law (KVKK) and other relevant legislation are fulfilled.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The tatilaktiviteleri.com brand and logo, as well as the design, software, and domain name of the tatilaktiviteleri.com mobile app and website, as well as all intellectual property rights related to any trademarks, designs, logos, trade dress, slogans, and all other content created by DM Seyahat in connection therewith, are the property of DM Seyahat. The Member may not use, share, distribute, display, reproduce, or create derivative works based on the intellectual property rights owned by Dm Seyahat or its affiliates without Dm Seyahat’s permission. The Member may not use the tatilaktiviteleri.com mobile application or the Website, in whole or in part, on any other platform without Dm Seyahat’s permission. If the Member acts in a manner that infringes upon the intellectual property rights of third parties or Dm Seyahat, the Member is obligated to compensate Dm Seyahat and/or the relevant third party for all direct and indirect damages and expenses incurred.
8. AMENDMENTS TO THE AGREEMENT
8.1. Dm Seyahat may, at its sole discretion, amend this Membership Agreement and any policies, terms, and conditions—including the Privacy and Personal Data Protection Policy and the Cookie (Cookie) Policy posted on the Website, at any time it deems appropriate, provided that such changes do not conflict with the provisions of applicable laws. The Member will be notified of these changes through various channels, including the Website. The amended provisions of this Membership Agreement shall take effect on the date they are posted on the Website, while the remaining provisions shall remain in full force and effect and continue to produce their legal effects. For the avoidance of doubt, this Membership Agreement may not be unilaterally amended by the Member.
9. FORCE MAJEURE
9.1. Uprisings, revolts, embargoes, government intervention, insurrections, occupations, wars, acts of terrorism, mobilizations, strikes, lockouts, labor disputes including labor actions or boycotts, cyberattacks, communication issues, infrastructure and internet outages, system maintenance or upgrade work and any resulting malfunctions, power outages, fires, explosions, storms, floods, earthquakes, mass migration, epidemics, or other natural disasters, or other events occurring beyond Dm Seyahat’s control, not attributable to its fault, and that could not reasonably have been foreseen (“Force Majeure”) prevent or delay Dm Seyahat’s performance of its obligations under this Membership Agreement, Dm Seyahat shall not be held liable for any obligations prevented or delayed as a result of Force Majeure, and such circumstances shall not be deemed a breach of this Membership Agreement.
10. MISCELLANEOUS PROVISIONS
10.1. Evidence Agreement: In any disputes arising from this Membership Agreement, the records maintained in Dm Seyahat’s official ledgers and commercial records, as well as in Dm Seyahat’s database, shall constitute binding, conclusive, and exclusive evidence, and the Member acknowledges that this provision constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
10.2. Governing Law and Dispute Resolution: This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising out of or in connection with this Membership Agreement shall be subject to the exclusive jurisdiction of the Istanbul Central (Çağlayan) Courts and Enforcement Offices.
10.3. Notice: DM Seyahat will communicate with the Member via the email address the Member provided upon registration, or by calling the Member’s phone number and sending text messages. The Member is responsible for keeping their email address and phone number up to date.
10.4. Integrity and Severability of the Membership Agreement: This Membership Agreement constitutes the entire agreement between the Parties regarding this matter. If any provision of this Membership Agreement is held by any competent court, arbitration panel, or administrative authority to be wholly or partially invalid, unenforceable, or unreasonable, this Membership Agreement shall be deemed severable to the extent of such invalidity, unenforceability, or unreasonableness, and the remaining provisions shall remain in full force and effect.
10.5. Assignment of the Membership Agreement: The Member may not assign any of their rights or obligations under this Membership Agreement, in whole or in part, without the prior written consent of Dm Seyahat.
10.6. Amendment and Waiver: The failure of either Party to exercise or enforce any right granted to it under the Membership Agreement shall not be deemed a waiver of such right nor shall it preclude the subsequent exercise or enforcement of such right.
This Membership Agreement, consisting of 10 (ten) articles, has entered into force upon the Member’s electronic approval, after the Member has read and fully understood each provision.