GENERAL CONDITIONS OF DOKAY RENT A CAR WEBSITE MEMBERSHIP AGREEMENT
1.PARTIES
This agreement has been made between Adnan Özen İnşaat Taahhüt Enerji Turizm Ticaret ve Sanayi Anonim Şirketi (hereinafter referred to as“DOKAY”) located at Fatih Mahallesi 1194/1 Sokak No:1/A-1/B Gaziemir / İZMİR, which is the operator / owner of the “dokay.com.tr” website (hereinafter referred to as the “Site”), and the visitor who is a member of the site (hereinafter referred to as“MEMBER”), at the stage of member registration made by the visitor voluntarily through the site. By becoming a member of the site, the MEMBER accepts, declares and undertakes that he / she has read, understood and approved all provisions of the contract.
2.DEFINITIONS
This is stated in this contract;
DOKAY: Adnan Özen İnşaat Taahhüt Enerji Turizm Tic. ve San. A. Ş.
MEMBER: Real or legal person who is a member of the website,
Site: The website broadcasting through the domain name dokay.com.tr,
Vehicle Any brand and model of vehicle owned by DOKAY and subject to lease
Agreement: This refers to the 'Website Membership Agreement'.
3.SUBJECT OF THE AGREEMENT
The subject of this contract is the determination of the procedures and principles regarding the offering of vehicles for rent by DOKAY online on the site and the mutual rights and obligations of DOKAY and MEMBER. This contract shall apply to the vehicle / vehicles to be made on the site and to be rented by the MEMBER.
4.DOKAY'S RIGHTS AND OBLIGATIONS
4.1. DOKAY takes reasonable security measures to prevent the loss, misuse and alteration of personal identity, address and contact information under its control and supervision. However, DOKAY cannot guarantee the security of this information with certainty. The information and data transferred by the MEMBER to the site shall not be interpreted as confidential information.
4.2. For security reasons, DOKAY may monitor and record any activity of the MEMBER on the site and, when deemed necessary, may suspend from the site, freeze membership, cancel membership and make all kinds of similar interventions.
4.3. DOKAY may change the format and content of the site partially or completely without prior notice to the MEMBER, as well as change the domain name on which the site is published, use different subdomains, redirect the domain name or close the domain name.
4.4. Membership to the website is not a prerequisite for the provision of car rental service by DOKAY, since car rental service can be obtained without being a Member, all benefits offered to the MEMBER within the scope of Membership are in the nature of “Additional benefit”.
4.5. DOKAY may change the scope and types of services offered on the site at any time and without giving any reason, without informing the MEMBER in advance, as well as partially or completely freeze, terminate or completely cancel the services offered on the site.
4.6. DOKAY may make changes and / or updates in the service and operation at any time in order to realize the business and transactions specified in the contract more effectively. MEMBER accepts and declares in advance that it accepts these changes and will act in accordance with these changes.
4.7. This contract does not contain any commitment regarding the number, brand, model and model year of the vehicle to be rented by DOKAY and other issues. MEMBER cannot claim any rights and receivables under any name from DOKAY for these and other reasons.
5.MEMBER'S RIGHTS AND OBLIGATIONS
5.1. Membership is completed by completing the registration process by fulfilling the membership procedure specified on the site by the person who wants to become a member. By becoming a member, the MEMBER accepts the provisions of this contract and all kinds of statements announced / to be announced by DOKAY regarding membership and services.
5.2. MEMBER accepts and declares that the identity, driver's license, address and contact information specified in the membership process are complete and correct, that in case of any changes in the information, it will immediately forward this information to DOKAY, and that it will be solely responsible for any legal disputes and damages that may arise due to incomplete, outdated or incorrect information. No responsibility can be attributed to DOKAY for this reason.
5.3. MEMBER, while benefiting from the services specified on the site, will act in accordance with the laws of the Republic of Turkey and the general rules of morality, will not violate the rights of third parties under intellectual property law, will respect the copyrights of third parties, will not engage in unfair competition and will respect the trade secrets and private lives of third parties, insult, threat, slander, harassment, etc. The MEMBER agrees and undertakes that he/she will not engage in acts of insult, threat, slander, harassment, etc., will not engage in political or ideological propaganda, will not engage in behaviors that disturb other MEMBERS, will refrain from any behavior that defames individuals or institutions, and will refrain from any action that may cause disruption or interruption of the services provided on the site, otherwise he/she will be personally responsible for any damages that may occur.
5.4. MEMBER accepts and declares that he/she will use a password that cannot be easily guessed by others while using the site, that he/she will not share his/her user name, password, etc. information with others and that he/she will be personally and solely responsible for the security of this information as it is not kept in the site database and that DOKAY will not be responsible in any way.
5.5. MEMBER accepts and declares that he/she will only use his/her own membership account, will not use the account information of other members and will not allow others to use his/her membership account, otherwise, if the contrary situation is detected by DOKAY, his/her membership may be canceled and he/she agrees and declares that he/she will compensate all kinds of damages arising/to arise.
5.6. MEMBER accepts and undertakes that it will not send harmful programs, software, codes and similar materials to the site and that it will avoid any action that may jeopardize the security of the site and members.
5.7. MEMBER cannot transfer its membership account to third parties.
5.8. MEMBER cannot restrict or prevent others from using the site and cannot interfere with the operation of the site or the servers or networks used to make the site available.
5.9. DOKAY shall not be liable for any direct or indirect damages that may arise directly or indirectly in relation to the MEMBER's access to and use of the site, including but not limited to virus attacks affecting the computer hardware and/or losses and damages arising from the information obtained from the site.
5.10. MEMBER agrees that he/she will not use any tool, software or instrument to interfere or attempt to interfere with the operation of the site, will not connect to the site without authorization and will not make transactions, will not access or use the software and data of other internet users without permission.
5.11. The website may contain links to other websites belonging to third parties that are completely independent from this website and not under DOKAY's own control. DOKAY does not guarantee the accuracy of the information contained in these sites. DOKAY does not have any responsibility for the services/products offered from the websites accessed through these links or their content. MEMBER's access to these websites is entirely under its own responsibility and without the permission of DOKAY. Any personal data of the members are not transferred to these links by DOKAY.
6.INTELLECTUAL PROPERTY RIGHTS
6.1. The presentation and all content of the site is protected by the legislation of the Republic of Turkey and intellectual property legislation, and all information and data published on this site, including all trademarks, logos and service marks, belong to DOKAY or its licensors. MEMBER may not distribute, transmit, modify, copy, display, reproduce, republish, publish, process or otherwise use the content of the site directly or indirectly, verbatim or otherwise, or allow anyone else to access or use the services of the site without the written consent of DOKAY. Otherwise, the MEMBER shall be responsible for paying to DOKAY all kinds of damages claimed from DOKAY due to any damages incurred/to be incurred by DOKAY and any damages incurred by third parties, including but not limited to licensors.
6.2. All rights of DOKAY to all assets, real and personal rights, commercial information and know-how, including Site services, Site information, works of the Site subject to copyrights, trademarks of the Site, commercial appearance of the Site or any material and intellectual property rights related to the Site are reserved.
6.3. All rights to all texts, graphics, visuals and all images on the Site are reserved and may not be disposed of without permission.
6.4. Any unauthorized disclosure and use, including but not limited to the unauthorized use of all financial rights related to the content, design and software of the Site (processing, reproduction, dissemination, representation and public presentation) shall constitute a violation of intellectual and industrial property rights.
6.5. MEMBER accepts and undertakes to act in accordance with the provisions of the Turkish Code of Obligations, the Turkish Criminal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code, the Decree Law on Trademarks and all kinds of legislation that will enter into force in the current and / or future. All kinds of legal, administrative, criminal and financial responsibilities that may arise due to contrary use belong to the MEMBER and DOKAY reserves the right of recourse.
7.RESPONSIBILITY
MEMBER accepts that there may be deficiencies, communication problems, technical problems, infrastructure and internet failures, power outages and/or other problems, including but not limited to those listed, in the information and services offered / published on the Site, and in case of such problems / failures, DOKAY is authorized to stop or terminate or cancel car rental activities on the site without the need to notify the MEMBER and without giving any reason. MEMBER cannot claim any rights and payments under any name from DOKAY for these reasons.
DOKAY cannot guarantee that the service offered through the site will be error-free or will be provided continuously; It cannot be held responsible for direct and / or indirect damages and damages arising from the use of the service offered through the site. MEMBER accepts and declares that he/she is personally responsible for any damage and loss that may arise as a result of the membership service offered through the site or the use of the site.
8.FORCE MAJEURE
In cases of “Force Majeure”, which are unavoidable circumstances, including but not limited to natural disasters, riots, war, strikes, communication problems, technical problems, infrastructure and internet failures, power outages and bad weather conditions, which are beyond the reasonable control of the relevant party and which cannot be avoided despite due diligence; DOKAY has the right to perform any of its obligations specified in this contract late or incompletely or not at all. Because DOKAY's obligations are suspended during this Force Majeure. In these and similar cases, delay, incomplete performance or non-performance or default shall not be deemed to DOKAY. No compensation under any name whatsoever shall be claimed from DOKAY for these cases. In case the force majeure event lasts for more than 7 (seven) days, DOKAY is authorized to terminate this contract unilaterally and without compensation without any notification.
9.CHANGE IN CONTRACT PROVISIONS
DOKAY has the right to unilaterally change the provisions of this contract without the need to notify the MEMBER and without giving any reason. MEMBER shall be deemed to have accepted such changes from the moment they are published on the Site. MEMBER accepts this matter irrevocably in advance.
10. cancellation of membership and termination of the contract
10.1. In the event that the MEMBER partially or completely violates any or all of its obligations arising from this contract, DOKAY may unilaterally terminate this contract without any notice and without any justification, cancel the MEMBER's membership and partially or completely freeze or cancel the services that the MEMBER has received, is receiving or will receive from the site. Therefore, in case of termination, the MEMBER cannot make any rights and claims from DOKAY. MEMBER cannot object to this matter.
10.2. DOKAY is authorized to cancel the MEMBER's membership by unilaterally terminating this contract without any reason and without any notification, and to partially or completely freeze or completely cancel the services that the MEMBER has received, is receiving or will receive from the site. In this case, the MEMBER may not claim any right, receivable, loss of profit, loss of profit, compensation for damages or any other payment under any other name and title from DOKAY by claiming an unfair, unwarranted, unjustified, unjustified, unreasonable and untimely termination, violation of good faith or any other reason and excuse.
11. DURATION OF THE CONTRACT
This agreement enters into force from the moment it is approved on the Site and terminates automatically without further notice when DOKAY cancels the MEMBER's membership and / or terminates the services offered on the Site.
12. PRIVACY
MEMBER shall keep confidential all kinds of information of commercial, financial, legal or technical nature, whether or not subject to trade secret or other legal protection, which it obtains directly or indirectly in relation to DOKAY under the performance of this Agreement and shall not disclose it to any person without the permission of DOKAY.
However, the said confidentiality obligation shall not be valid in the following cases:
DOKAY may collect and process the MEMBER's identity, driver's license, address, contact, IP and site usage information in a database in order to realize the purposes written in the Clarification Texts regarding issues such as conducting user profile and market research, creating sales and site usage statistics and accessible through the Site, and may share it with third parties and organizations included in the Clarification Texts.
13. NOTICE
The parties accept and undertake that the addresses specified during the membership process are the legal notification addresses and that the notifications to be made to these addresses will have all the legal consequences of legally valid notification unless the address change is notified to the other party in writing.
MEMBER, changes to be made in the contract and services, cancellation of membership, termination of this contract, termination of this contract, etc. has consented to all kinds of notifications to be made to the e-mail address specified during the membership process and accepts and undertakes that the notification has been notified from the moment the notification is sent by DOKAY, whether the notifications made by e-mail reach or not, and that it will have legal consequences. DOKAY is not responsible for the late or non-receipt of the notification to the MEMBER and its consequences.
14. AUTHORITY and EVIDENCE AGREEMENT
14.1. Turkish Law shall be applied and Izmir Courts and Execution Offices shall be authorized to resolve the problems arising from the implementation of this Agreement.
14.2. The MEMBER agrees that all kinds of documents, records, books and all kinds of information, writings and records of DOKAY on computer and internet media shall constitute the sole, exclusive and conclusive evidence and shall be binding in disputes that may arise, and that this article is an evidence contract within the scope of Article 193 of the CCP.
15. MISCELLANEOUS
15.1. In the event that any provision of this Agreement is deemed invalid or no longer applicable for any reason whatsoever, the other provisions of the Agreement shall remain in force.
15.2. DOKAY's failure to exercise or delay in exercising any right or authority it has under the Agreement shall not constitute a waiver of such right or authority, nor shall the exercise of a right or authority alone or partially preclude the subsequent exercise of that or any other right or authority. The waiver of any term, clause or provision of this Agreement shall not mean or be construed as a subsequent or continuing waiver of that term, clause or provision.
15.3. From the moment this agreement is approved on the Site, it replaces the agreement previously approved on the Site, if any. In case of dispute, the provisions of this agreement shall apply, regardless of which agreement arises from the period in force. MEMBER accepts, declares and undertakes that it has no rights and receivables from DOKAY due to the contract and commercial operation previously approved on the Site, if any, and that it releases DOKAY irrevocably in the broadest sense in all matters, and that all responsibilities arising and/or to arise against DOKAY due to the contract and commercial relationship in question continue.
15.4. MEMBER declares that they have read, understood and accepted all applications and rules on the site. The MEMBER declares that he / she accepts the regulations that may be contrary to his / her interests in the entire contract by knowing and understanding the consequences.
15.5. MEMBER cannot transfer or assign its rights, receivables and obligations arising from this contract to third parties without obtaining the written consent of DOKAY in advance.
CLARIFICATION TEXT ON THE PROTECTION AND PROCESSING OF PERSONAL DATA
Personal data within the scope of this Clarification Text may be processed by Adnan Özen İnşaat Taahhüt Enerji Turizm Sanayi ve Ticaret Anonim Şirketi (“Company”) as the data controller in accordance with the Personal Data Protection Law No. 6698 (“Law”).
In accordance with Article 10 of the Law and the Communiqué on the Procedures and Principles to be Followed in Fulfillment of the Disclosure Obligation, this clarification text has been prepared by the Company in order to provide information on the scope of processing of your personal data.
1. The relevant persons whose personal data we process within the scope of this Clarification Text are Product or Service Recipients (Customer, Customer Employee, Customer Shareholder, Customer Authorized, Customer-Active, Customer-Passive).
2. We process the data of the aforementioned data subjects in the form of identity, communication, location, personal, legal transaction, customer transaction, physical space security, transaction security, finance, professional experience, visual and audio records.
3. Personal data belonging to the relevant persons mentioned above:
- Creation of personal records of subcontractor/supplier employees, supervision and follow-up of their work,
- Execution of Information Security Processes,
- Execution of Activities in Compliance with the Legislation,
- Execution of Finance and Accounting Affairs,
- Execution of Company/Product/Service Loyalty Processes,
- Ensuring Physical Space Security,
- Follow-up and Execution of Legal Affairs,
- Execution/Supervision of Business Activities,
- Receiving and Evaluating Suggestions for Improving Business Processes,
- Execution of Goods / Service Procurement Processes,
- Execution of After Sales Support Services for Goods/Services,
- Execution of Goods/Service Sales Processes,
- Execution of Goods/Service Production and Operation Processes,
- Execution of Customer Relationship Management Processes,
- Execution of Activities for Customer Satisfaction,
- Execution of Advertising/Campaign/Promotion Processes,
- Execution of Risk Management Processes,
- Execution of Storage and Archive Activities,
- Execution of Contract Processes,
- Execution of Strategic Planning Activities,
- Follow-up of Requests/Complaints,
- Execution of Supply Chain Management Processes,
- Execution of Marketing Processes of Products/Services,
- We process for the purposes of providing information to Authorized Persons, Institutions and Organizations.
4. We may obtain personal data by the Company within the scope of the purposes listed above and in whole or in part by automatic means or by non-automatic methods provided that they are part of the data recording system. Accordingly, we obtain personal data in the physical environment with the conclusion of the Agreement and printed forms; in the electronic environment, camera recordings, internet, cookies, online form, SMS verification code, voice recording system.
5. The personal data mentioned above:
- Pursuant to Article 5/2-a of the Law, it is expressly provided for in the law,
- Pursuant to Article 5/2-c of the Law, it is necessary to process personal data of the parties to a contract, provided that it is directly related to the conclusion or performance of the contract,
- Pursuant to Article 5/2-ç of the Law, it is mandatory for the data controller to fulfill its legal obligation,
- Pursuant to Article 5/2-e of the Law, data processing is mandatory for the establishment, exercise or protection of a right,
- Pursuant to Article 5/2-f of the Law, we process based on the legal grounds of the legitimate interest of the data controller.
6. Personal data within the scope of the Clarification Text may be transferred to real or private legal entities, our business partners, suppliers and authorized institutions or organizations for the purposes specified in this Clarification Text.
You may submit your requests within the scope of Article 11 of the Law “regulating the rights of the data subject” to our Company in accordance with the Communiqué on the Procedures and Principles of Application to the Data Controller.
If it is submitted by the relevant persons by the methods specified in the COMPANY KVKK Application form at https://filo.dokay.com.tr/mail/kvkkbasvuruformu.pdf, it will be evaluated and finalized as soon as possible and within 30 (thirty) days at the latest. Although it is essential not to charge any fee for the requests, the Company reserves the right to charge a fee over the fee tariff determined by the Personal Data Protection Board in cases where the nature of the request requires
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