1-PARTY
This agreement is signed by AKBİR FİLO ÇÖZÜMLERİ Kurumsal HİZMETLER A.Ş., which owns all the rights of the website operating at www.akbirfilo.com.tr and is headquartered at the address of 'Oruçreis Mah.Vadi Cadİstanbul Ticaret Sarayı no 108/65 Esenler / İSTANBUL'. and the Member who is a member of the site (hereinafter referred to as the "Member"), during the member registration stage of the member's own will over the website www.akbirfilo.com.tr. By becoming a member of the site, the member accepts, declares and undertakes that he has read, understood and approved all the provisions of this Agreement.
2-DEFINITIONS
specified in this Agreement;
AKBIR FILO : AKBIR FILO SOLUTIONS CORPORATE HIZMETLER INC.
Member: The natural or legal person who is a member of the website,
Site: The website broadcasting over the domain name www.akbirfilo.com.tr,
Vehicle: Vehicle of any brand and model owned and leased by AKBİR FİLO,
Agreement: This means the "Web site Membership Agreement".
3-SUBJECT OF THE AGREEMENT
The subject of this Agreement is the procedures and principles regarding the online rental of vehicles by AKBİR FİLO on the site, and the determination of the mutual rights and obligations of AKBİR FİLO and the Member. This contract shall make provision for the vehicle(s) to be made on the site and to be rented by the member.
4- RIGHTS AND OBLIGATIONS OF AKBIR FLEET
4.1. Although AKBIR FILO takes all reasonable security measures required by law in order to prevent the loss, abuse or alteration of personal identity, address and contact information under its control and supervision, it does not guarantee the security of this information. Information and data transferred by the member to the site will not be interpreted as confidential information.
4.2. For security reasons, AKBİR FİLO will be able to monitor and record all activities of the Member on the site and, when deemed necessary, may take any kind of intervention such as removal from the site, suspension of membership, cancellation of membership and so on.
4.3. AKBİR FİLO may change the form and content of the site partially or completely, as well as change the domain name of the site, use different subdomains, make domain name redirection and/or close the domain name without prior notice to the Member.
4.4. Membership to the website is not a prerequisite for the provision of car rental service by AKBİR FİLO, since car rental services can be obtained without becoming a Member, all benefits offered to the Member within the scope of Membership are in the nature of "Additional benefit".
4.5. AKBIR FILO can change the scope and types of services offered on the site, as well as partially or completely freeze, terminate or completely cancel the services offered on the site, at any time and without giving a reason, without informing the Member in advance.
4.6. AKBIR FLEET may, at any time, make changes and/or updates in the service, rental conditions and operation in order to carry out the works and transactions specified in the Contract more effectively. Members accept and declare that they accept these changes and will act in accordance with these changes.
4.7. This Agreement does not contain any commitments regarding the number of vehicles, brand, model and model year and other issues that AKBİR FİLO will rent. The member cannot claim any rights or receivables under any name from AKBİR FİLO for these and other reasons.
4.8. AKBIR FLEET has the right not to start, stop, terminate and/or cancel the rental activities unilaterally. The member accepts, declares and undertakes that there is no right of objection in this regard.
5- RIGHTS AND OBLIGATIONS OF THE MEMBER
5.1. Membership is completed by fulfilling the membership procedure specified on the site by the person who wishes to become a member and completing the registration process. By becoming a member, the member also accepts the provisions of this Agreement and all kinds of statements regarding membership and services made or to be announced later by AKBİR FİLO.
5.2. The member states that the identity, driver's license, address and contact information that he/she has specified in the membership process are complete and correct, and that he/she will immediately forward this information to AKBİR FİLO in case of any change in his/her information, and that he/she will not be liable for any legal disputes and damages that may arise due to incomplete, outdated or incorrect information. accepts and declares that he will be responsible. No responsibility and/or fault that may arise for this reason can be imposed on AKBİR FİLO.
5.3. While the member benefits from the services specified on the site, T.C. will act in accordance with the laws and general moral rules, insult, threat, slander, harassment, etc. He accepts that he will not take any action, make political or ideological propaganda, engage in behavior that disturbs other Members, refrain from any behavior that degrades persons or institutions, and refrain from any action that may cause disruption or interruption of the services provided on the site, otherwise he will be personally responsible for any damages that may occur. and commits.
5.4. The member accepts and undertakes that he will not violate the rights of third parties within the scope of intellectual and industrial rights, 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.
5.5. The member states that he/she will use a password that cannot be easily guessed by others while using the site, user name, password etc. accepts and declares that he will not share his information with others and that he will be personally and only responsible for the security of this information as it is not kept in the site database, and AKBIR FILO will not be responsible in any way.
5.6. The member accepts and declares that he/she will only use his/her own membership account, that he/she will not use the account information of other members and that he/she will not make others use his/her membership account, otherwise, if AKBİR FİLO determines, his/her membership may be canceled and he/she will indemnify any damages that have arisen or will arise.
5.7. The member accepts and undertakes not to send harmful programs, software, code and similar materials to the site, and to avoid any action that may endanger the security of the site and its members.
5.8. The member cannot transfer his membership account to third parties.
5.9. The 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 usable.
5.10. AKBIR FILO is not responsible for any direct or indirect damages that may occur in connection with the access and use of the site, including but not limited to the loss and damage caused by virus attacks affecting the computer hardware and/or the information obtained from the site.
5.11.The member agrees that he will not use any tool, software or tool to interfere or attempt to interfere with the operation of the site, that he will not connect to the site or take action without authorization, that he will not access or use the software and data of other internet users without permission.
6- INTELLECTUAL PROPERTY RIGHTS
6.1. The presentation and all the content of the site is T.C. It is protected by its legislation and intellectual property legislation, and all information and data published on this site, especially all trademarks, logos and service marks, belong to AKBİR FİLO or its licensors. The Member may not directly or indirectly distribute, transmit, modify, copy, display, reproduce, publish, process or otherwise use the site's content, directly or indirectly, or allow anyone else to access or use the site's services, without the written consent of AKBİR FİLO. cannot give. Otherwise, the Member shall be liable to pay AKBIR FILO any compensation amount demanded from AKBIR FILO for any damages incurred/to be incurred by AKBİR FİLO and for the damages incurred by third parties, including but not limited to those of the licensors.
6.2. All assets, real and personal rights of AKBİR FİLO, including Site services, Site information, Site's copyrighted works, Site's trademarks, Site's commercial appearance or any material and intellectual property rights related to the Site, All rights to commercial information and know-how are reserved.
6.3. All rights of all texts, graphics, images and pictures on the site are reserved and cannot be saved without permission.
6.4. Any unauthorized disclosure and use, including but not limited to, unauthorized use of all financial rights (processing, reproduction, dissemination, representation and public offering) regarding the site content, design and software will constitute a violation of intellectual and industrial property rights.
6.5.Members accept and undertake to comply with the provisions of the Turkish Code of Obligations, the Turkish Penal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code, the Decree on Trademarks and any current and/or future legislation in the use of the Site. All legal, administrative, penal and financial responsibilities that may arise due to the contrary use belong to the Member and AKBİR FİLO reserves the right of recourse.
7- RESPONSIBILITY
The Member accepts that there may be deficiencies in the information and services offered/published on the Site, communication problems, technical problems, infrastructure and internet failures, power cuts and/or other problems without being limited to the ones listed, and AKBİR FİLO shall notify the Member in any way in case of such problems/malfunctions. is authorized to stop or terminate or cancel the car rental activities on the site without the need to be present and without giving any reason. For these reasons, the member cannot demand any rights or payments from AKBİR FİLO under any name.
AKBIR FILO does not warrant that the service will be error-free or that it will be provided continuously or that the service is free of viruses and other harmful elements. AKBIR FILO cannot be held responsible for any direct and/or indirect damages arising from the use of any product or service by the member. The member accepts and declares that he is personally responsible for any damage and loss that may arise as a result of using the service or the site.
AKBİR FİLO cannot be held responsible for any direct and/or indirect damages that may arise from the Member's use of any product or service on the site. The member accepts and declares that he is personally responsible for any damage and loss that may arise as a result of using the service or the site.
8- FORCE MAJEURE
Including, but not limited to, natural disasters, riots, wars, strikes, communication problems, technical problems, infrastructure and internet failures, power cuts and bad weather conditions, which are beyond the reasonable control of the relevant party and which cannot be prevented or avoided despite the necessary care. In "Force Majeure" cases; AKBIR FILO has the right to late or incomplete performance or not to perform any of its obligations determined by this contract. Because during this Force Majeure, the obligations of AKBIR FLEET are suspended. In these and similar cases, delay, incomplete performance or non-performance or default shall not be deemed to be a default for AKBIR FİLO. No compensation shall be claimed from AKBIR FILO for these situations, under any name whatsoever. In the event that the force majeure situation lasts for more than 7 (seven) days, AKBIR FLEET is entitled to terminate this contract unilaterally and without compensation without any notification.
9- CANCELLATION OF MEMBERSHIP and TERMINATION OF THE AGREEMENT
9.1. In the event that the Member violates any or all of its obligations arising from this contract, AKBİR FİLO may unilaterally terminate this agreement without any notification and without giving any reason, canceling the Member's membership and partially or completely the services that the Member has received, received or will receive from the site. can be frozen or cancelled. For this reason, in the event of termination, the Member cannot make any rights or demands from AKBİR FİLO. The member cannot object to this issue.
9.2. AKBIR FILO is authorized to cancel this contract unilaterally, without giving any reason and without any notification, to cancel the membership of the Member and to freeze or completely cancel the services that the Member has received, is receiving or will receive from the site, if it wishes. In this case, the Member shall not be entitled to any rights, receivables, loss of profits, damages or any other name and title from AKBIR FLEET by claiming an unjust, unwarranted, unwarranted, involuntary and untimely termination, acted against in good faith, or any other reason or excuse. cannot demand any payment.
10- TERM OF THE AGREEMENT
This Agreement enters into force from the moment it is approved on the Site and terminates automatically, without the need for further notice, when AKBİR FİLO cancels the Member's membership and/or terminates the services offered on the Site.
11- PRIVACY AND PROTECTION OF PERSONAL DATA
11.1 The Member shall keep confidential any commercial, financial, legal or technical information, whether or not subject to trade secret or other legal protection, regarding AKBİR FİLO, directly or indirectly, during the performance of this Agreement, will not disclose it to any person without the consent of Otherwise, the Member is responsible for the losses incurred by AKBİR FİLO. In addition, AKBIR FILO may collect the Member's identity, address, contact, IP and site usage information in a database for all legal purposes, including but not limited to making user profile and market research, creating reservation and site usage statistics, and this information in a database. can use without restriction. AKBİR FİLO is authorized to share the information about the Member with the insurance company, the bank and the third parties/institutions it deems necessary regarding the services offered on the site. In addition, AKBIR FILO may share this information with third parties/institutions for the purpose of complying with the obligations imposed by the law or when requested in terms of investigations or investigations carried out by the authorized judicial or administrative authority, or in order to protect the rights and safety of users. This confidentiality clause is valid indefinitely even after the contract period has expired.
11.2 The Member's Personal data will be collected automatically or non-automatically in accordance with the performance of the contract or for other reasons stipulated in the law, within the framework of the operation and development of the services. Providing services such as personal data reservation and vehicle sales by AKBİR FİLO, increasing the recognition of the company with gifts and messages to be sent with announcements/celebrations and other content, and providing general or personalized advertisement, announcement, campaign information for the promotion and marketing of services, and providing better service It will be processed for other purposes such as providing better service to customers by managing customer satisfaction or complaints and conducting customer surveys and feedback within the framework of the loyalty program; The member has expressly consented to these matters. Performance of the contract, data security, companies within the group of companies of AKBİR FİLO, including Şentürk, and the databases used in common with them, institutions and organizations whose applications will be approved, official institutions, authorized representatives, insurance companies, information technology service providers, call center service it will be transferred to the companies that give it, to the companies used as an intermediary for transportation and cargo delivery, to third parties whose services are used or cooperated with, for the performance of the contract and the performance of the services; The member has expressly consented to these matters.
11.3 Within the framework of the Personal Data Protection legislation, personal data; learning whether it has been processed or not, if it has been processed, requesting information about it; learning the purpose of the processing and whether it is used by us in accordance with these purposes, learning the third parties to which it is transferred in the country or abroad; to request correction in case of incomplete or incorrect processing; to request that it be deleted or destroyed or anonymized in the event that the reasons for its processing disappear; in such cases or in case of correction, to request that these be notified to third parties to whom data is transferred; Objecting to this situation if it is thought that a result against the Member has arisen by analyzing the processed data exclusively through automated systems; to request the compensation of this damage in case of a loss due to unlawful processing; they have rights.
11.4 The Member has approved the sending of commercial electronic messages to the contact addresses that are currently under the responsibility of AKBİR FİLO or will be given in the future, within the scope of the Law on the Regulation of Electronic Commerce. Commercial messages with data, audio and video content for all kinds of commercial purposes, including but not limited to commercial electronic messages for change, use and maintenance regarding the goods or services provided, telephone, call centers, fax, automatic dialing machines, smart voice recorder systems It can be sent electronically by using means such as e-mail, short message service.
12- NOTICE
The parties accept and undertake that the addresses specified during the membership process are legal notification addresses, and unless the other party is notified in writing of the address change, notifications to these addresses will have all legal consequences of the legally valid notification.
Member, changes to be made in the contract and services, cancellation of membership, termination of this contract, termination, 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 whether the notifications made by e-mail are received or not, the notification has been notified by AKBİR FİLO from the moment it is sent and it will have legal consequences. AKBIR FILO is not responsible for the late or non-delivery of the notification to the member and its consequences. E-mail and fax cannot be used in the correspondence of the member with AKBİR FİLO.
13- CHANGES TO CONTRACT PROVISIONS
AKBIR FILO has the right to unilaterally change the provisions of this contract without the need to notify the Member and without giving reasons. The Member is deemed to have accepted the changes in question from the moment they are published on the Site. The Member accepts this matter as irrevocable in advance.
14- AUTHORITY AND EVIDENCE AGREEMENT
14.1.Turkish Law will be applied and Istanbul Courts and Enforcement Offices will be authorized to solve the problems arising from the implementation of this contract.
14.2. The member states that all kinds of documents, records, books and all kinds of information, writings and records of AKBİR FİLO in the computer and internet environment will be the sole, exclusive and definitive evidence and will be binding in the conflicts that may arise. accepts that there is a contract of evidence.
15- OTHER PROVISIONS
15.1. If any provision of this Agreement is deemed invalid or unenforceable for any reason, the other provisions of the Agreement will remain in effect.
15.2. AKBIR FLEET's failure to exercise or delay in exercising any right or power it has under the Contract does not mean that it waives that right or power, and the sole or partial use of a right or power does not prevent that or any other right or power from being exercised later on. The waiver of any term, clause or provision of this Agreement shall not constitute or be construed as a subsequent or continued waiver of that term, clause or provision.
15.3. This agreement replaces the agreement previously approved on the Site, if any, from the moment it is approved on the Site. In the event of a dispute, the provisions of this agreement shall apply, regardless of which agreement arises from the period in which it is in effect. Member, if any, that he has no rights or receivables from AKBİR FİLO due to the contract and commercial operation previously approved on the Site, that he releases AKBİR FİLO irrevocably in all matters, and that he informs AKBİR FİLO for the aforementioned contract and commercial relationship. accepts, declares and undertakes that all responsibilities that have arisen and / or will arise against it continue.
15.4. The member declares that they have read, understood and accepted all the practices and rules on the site. The member declares that he accepts the regulations that may be contrary to his interests in the entire contract, knowing and understanding the consequences.
15.5. The member cannot transfer or assign his rights, receivables and obligations arising from this contract to third parties without the prior written consent of AKBİR FİLO.
15.6 To the extent permitted by law, AKBIR FLEET shall not be liable for indirect, consequential or punitive damages (including but not limited to lost profits). AKBIR FLEET's liability for damages resulting from breach of any obligation or warranty, including the obligation to indemnify the Member, and its obligation to indemnify third parties, is limited to the total amount of the fee to be paid to AKBIR FLEET in connection with this Agreement. In any case, AKBIR FLEET shall not be liable in any way for the indirect damages suffered by the Member.
16. ENFORCEMENT and ACCEPTANCE
16.1. This Agreement shall enter into force on the date it is announced by AKBİR FİLO within AKBİR FİLO. Members accept the provisions of this contract by using AKBİR FİLO. AKBIR FILO may change the provisions of this contract at any time, and the changes will enter into force directly on the date they are published on AKBIR FILO, without being bound by any notification and/or acceptance, by specifying the version number and date of change.
16.2. The Member states that the electronic and system records, commercial records, ledger records, microfilm, microfiche and computer records kept in "AKBIR FILO" databases and servers in disputes that may arise from this Agreement shall constitute reliable, binding, final and exclusive evidence, since the offer of "AKBIR FILO" oath. It accepts, declares and undertakes that this article is in the nature of an evidential contract within the meaning of Article 193 of HMK No. 6100.