Distance Selling Agreement

TERMS OF USE AND DISTANCE SERVICE AGREEMENT

The subject of this Agreement is to determine the services offered on the website kirmanpremium.com, the terms and conditions for benefiting from these services, and the rights and obligations of the parties specified below.

1. PARTIES

This Distance Service Agreement (hereinafter referred to as the “AGREEMENT”), which is required to be executed upon membership request in order to receive services from the website kirmanpremium.com, is arranged for the purpose of enabling the user who becomes a member of the site and/or accesses the site content in any manner to benefit from the services provided on the site. This Agreement shall become effective at the moment it is approved by the USER or MEMBERS in the electronic environment where the relevant website is located.

2. TERMS OF USE

2.1 MEMBERS or USERS shall be deemed to have read and accepted in advance the terms set forth below, which are intended to provide information regarding the use of the kirmanpremium.com website, and to have agreed to comply with these terms.

2.2 The services provided on this website are offered by KİRMAN PREMIUM, namely BURAK TURİZM YATIRIM İŞLETMECİLİK PAZARLAMA VE TİCARET A.Ş. (hereinafter referred to as the “Service Provider”), located at Ilıca Mahallesi, 9th Street, No:13, Manavgat / Antalya. The legal owner of kirmanpremium.com is the Service Provider, and all rights of use and disposition over the site belong exclusively to the Service Provider.

2.3 This Agreement may be amended in whole or in part by the Service Provider at any time and under conditions deemed necessary. Such amendments shall be regularly published on the website and shall become effective as of the date of publication.

2.4 All natural and legal persons who benefit from the services of the website and access kirmanpremium.com shall be deemed to have accepted in advance any amendments made by the Service Provider to the provisions of these terms of use.

2.5 The Service Provider reserves the right to change, at its sole discretion, the services, prices, information, forms, and content available or to be made available on the kirmanpremium.com website at any time.

3. DEFINITIONS

3.1 MEMBER:
A MEMBER is a natural or legal person who wishes to benefit from the Service Provider by purchasing products/goods/services, who applies by fully completing the relevant order form selected, and whose application is approved by the Service Provider or who proceeds in accordance with the system’s prescribed and accepted process, thereby using and operating within the services offered on the website.

Individuals who are at least 18 years of age may use kirmanpremium.com by fully completing the relevant order form with their accurate identity information.

Legal entities (such as sole proprietorships, general partnerships, limited partnerships, partnerships limited by shares, limited liability companies, joint stock companies, cooperatives, and other legal entities) may use the site and conduct transactions on behalf of their institutions through their authorized legal representatives by fully completing the relevant order form on kirmanpremium.com.

If it is determined that users who have entered into electronic distance agreements on kirmanpremium.com have provided false or misleading information, their orders shall be cancelled or suspended by the Service Provider. The Service Provider reserves the right to claim compensation for any damages incurred.

3.2 USER:

A USER is a person who visits the kirmanpremium.com website belonging to the Service Provider, with or without making a purchase.

3.3 LINK:
A LINK refers to any connection that enables access from the kirmanpremium.com website to another website, files, or content, or from another website, content, or file to kirmanpremium.com, its files, or its content.

3.4 CONTENT:
CONTENT refers to all kinds of information, files, images, programs, figures, prices, and similar visual, textual, and auditory materials that are published on or accessible through kirmanpremium.com and/or any other website.

3.5 WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT:
This refers to the present agreement concluded electronically between the Service Provider and natural and/or legal persons who will benefit from the commercial and personalized services offered through kirmanpremium.com.

3.6 PERSONAL INFORMATION:
PERSONAL INFORMATION refers to details such as the User’s identity, address, email address, telephone number, IP address, information regarding which sections of kirmanpremium.com are visited, domain type, browser type, as well as the date and time of the visit.

4. SCOPE OF SERVICES

4.1 The services to be provided by the Service Provider via kirmanpremium.com primarily consist of electronic commerce as defined under Consumer Law legislation. With respect to all user transactions carried out through kirmanpremium.com, the provisions of the Consumer Protection Law, Tourism Legislation, Regulation on Distance Contracts, and the Regulation on the Implementation Principles of Warranty Certificates shall apply. USERS hereby undertake, accept, and declare this in advance.

4.2 The services to be provided by the Service Provider through kirmanpremium.com are not limited in number; however, the principal services include the provision—either physically or online—of holiday, accommodation, reservation, car rental, sauna, spa, and other tourism, entertainment, and leisure services offered for sale on kirmanpremium.com, after the USER has paid the relevant fee.

4.3 The Service Provider shall have full discretion to determine the scope and nature of the services to be offered via kirmanpremium.com, and declares that any changes made with respect to such services shall become effective upon their publication on kirmanpremium.com. USERS hereby accept this in advance.

4.4 In order to benefit from the services offered within kirmanpremium.com, users must meet the qualifications specified by the Service Provider and set forth in the relevant section of the website. The Service Provider shall have full discretion in determining such qualifications and declares that any changes thereto shall become effective upon their publication on kirmanpremium.com. MEMBERS and USERS hereby accept this in advance.

5. GENERAL PROVISIONS

5.1 USERS hereby declare, undertake, and agree that all personal and other information they provide while benefiting from the services of kirmanpremium.com is accurate under applicable laws, and that they shall fully and immediately compensate any damages incurred by kirmanpremium.com due to the inaccuracy of such information.

5.2 USERS hereby declare, undertake, and agree to comply with all applicable legislation while using the kirmanpremium.com website and not to violate any such provisions. Otherwise, USERS accept and undertake that they shall be solely responsible for all legal and criminal liabilities arising therefrom.

5.3 USERS may not use the kirmanpremium.com website in any manner that disrupts public order, violates general morality, disturbs or harasses others, or for any unlawful purpose. USERS may not use the website in a manner that infringes upon the intellectual and industrial property rights of others or of the Service Provider. Furthermore, USERS may not engage in activities or transactions that prevent or hinder others from using the services (such as spam, viruses, Trojan horses, etc.).

5.4 The Service Provider shall not be held liable for the unauthorized access to USER data or for any damages that may occur to member software or data. USERS hereby agree in advance not to claim any compensation from the Service Provider for any damages they may incur as a result of using the kirmanpremium.com website.

5.5 The website may contain links to other websites and/or content that are not under the control of the Service Provider and/or are owned and/or operated by third parties. These links are provided solely for the convenience of USERS and do not constitute any endorsement of the relevant website or the person operating such website. They do not represent any statement or warranty regarding the information contained on the linked websites. The Service Provider shall have no liability whatsoever for the websites and content accessed through links on kirmanpremium.com, and any damages arising from the use of such websites shall be the sole responsibility of the USERS.

5.6 USERS who violate one or more of the provisions set forth in this Agreement shall be personally liable, both legally and criminally, for such violations and shall hold the Service Provider harmless from any legal and criminal consequences thereof. Furthermore, in the event that the matter is brought before legal authorities due to such violation, the Service Provider reserves the right to claim compensation from the USER for non-compliance with the Agreement.

5.7 The software and design of the kirmanpremium.com website are the property of the Service Provider, and the copyright and/or other intellectual property rights related thereto are protected under the applicable laws. These rights may not be used, acquired, reproduced, or modified by USERS without prior authorization.

5.8 The Service Provider reserves the right to disclose USERS’ personal information to the relevant authorities where required by law, where it deems it necessary to comply with legal obligations or legal processes duly served upon it, or where it believes in good faith that such disclosure is necessary to protect or defend its rights and property.

5.9 The Service Provider continuously monitors the accuracy and timeliness of the information available on kirmanpremium.com. However, despite these efforts, the information on kirmanpremium.com may lag behind actual updates. The materials and information provided on kirmanpremium.com are presented as they are at the time they are made available, and there may be discrepancies between the current status of the relevant service or information and the content available on the website. The Service Provider makes no express or implied warranties regarding the currency, accuracy, terms, quality, performance, merchantability, fitness for a particular purpose, or completeness of the information contained on kirmanpremium.com, nor regarding its effect on other information, services, or products available on or related to the website.

5.10 The Service Provider reserves the right, at its sole discretion and without prior notice, to modify any services, products, campaigns, and related information available on this WEBSITE and its extensions, as well as the terms of use of kirmanpremium.com; to reorganize the website and its content; and to suspend and/or discontinue its publication. Such changes shall become effective upon their publication on kirmanpremium.com. By using or accessing kirmanpremium.com, USERS shall be deemed to have accepted these changes. These conditions shall also apply to other web pages linked from the website. The USER agrees to receive periodic newsletters and campaign announcements via email.

5.11 The Service Provider shall bear no responsibility for services provided and content published by third parties within the scope of kirmanpremium.com, including but not limited to institutions with which it cooperates, its employees and managers, or its authorized resellers. The accuracy and legality of any information, content, visual and audio materials provided and published by third parties are solely the responsibility of such third parties. The Service Provider does not warrant or guarantee the security, accuracy, or legality of services and content provided by third parties.

5.12 Users of kirmanpremium.com may carry out transactions on the website solely for lawful and personal purposes. USERS shall be solely responsible for all legal and criminal liabilities arising from their actions and transactions carried out on kirmanpremium.com. Each USER undertakes not to engage in any activity that infringes upon the rights of the Service Provider and/or any third party. The Service Provider shall have no direct and/or indirect liability for any damages incurred or that may be incurred by third parties due to the activities of USERS on kirmanpremium.com.

5.13 The Service Provider may use the information transmitted to it by USERS or MEMBERS through kirmanpremium.com in accordance with the provisions of the “Privacy Policy” and the “Website Terms of Use.” It may process such information, classify and store it within a database. The Service Provider may also use information such as USER identity, address, email address, telephone number, IP address, the sections of kirmanpremium.com visited, domain type, browser type, date and time of visit, for purposes including statistical evaluation, announcing campaigns, and providing personalized services.

5.14 Except where expressly authorized by the Service Provider under these WEBSITE Terms of Use, the Service Provider reserves all rights related to its services, information, copyrighted works, trademarks, trade dress, and any other assets and information provided through this WEBSITE.

5.15 The Parties agree and declare that all computer records belonging to the Service Provider shall constitute the sole and exclusive evidence, in accordance with Article 287 of the Code of Civil Procedure (HUMK), and that such records shall be binding as an evidential agreement.

6. LIMITATION OF LIABILITY

The Service Provider shall not be held liable for any direct or indirect damages that may arise from access to kirmanpremium.com, or from the use of the website, the information and other data contained therein, programs, etc., whether arising from breach of contract, tort, or any other cause. The Service Provider does not accept any liability for interruption of transactions, errors, omissions, or interruptions resulting from breach of contract, tort, negligence, or other reasons.

By accessing kirmanpremium.com or other websites linked thereto, or by using kirmanpremium.com, it is deemed accepted that the Service Provider shall be exempt from any and all liabilities arising from such use or visitation, including but not limited to court costs and other expenses, as well as any claims for damages.

USERS hereby accept, declare, and undertake that they shall compensate, in cash and in a lump sum, without the need for any further judgment, any damages they directly or indirectly cause, upon first demand.