Distance Sales Contract

1. Parties

This Distance Sales Contract (the "Contract") is concluded electronically between the SELLER/PROVIDER identified below and the BUYER who creates a booking through the antalyatransfer.taxi website or the Turkey Transfer mobile application.

SELLER / PROVIDER (satıcı/sağlayıcı — the party supplying the service):

• Registered company name: Onur Özdemir
• Registered address: Altıntaş Mah. Yörükoğlu Cad. B Blok No: 24B İç Kapı No: 6, Aksu / Antalya, Türkiye
• Tax office: Kalekapı Vergi Dairesi Müdürlüğü
• Tax number: 6790474919
• Phone: +90 551 086 83 68
• E-mail: [email protected]
• Website: antalyatransfer.taxi

BUYER (consumer / tüketici): the person who provides their full name (first name and surname), e-mail address and telephone number in the booking form. The BUYER declares that the information given at booking is accurate and complete, and accepts that the service will be performed on the basis of that information.

By completing the booking, the BUYER declares that they have read, understood and accepted all provisions of this Contract and the pre-contractual information.

2. Subject of the Contract

The subject of this Contract is the supply of the airport transfer / passenger transport service ordered electronically by the BUYER through antalyatransfer.taxi, whose characteristics and sale price are set out below, together with the determination of the parties’ rights and obligations.

Under Article 2(2)(h) of the Distance Contracts Regulation (Mesafeli Sözleşmeler Yönetmeliği m.2/2-h), for a distance contract for passenger transport services the pre-contractual information requirements of the Regulation are limited to Article 5(1)(a), (b) and (d): the essential characteristics of the service, the identity of the SELLER/PROVIDER, and the total price including all taxes. The BUYER accepts that they obtained this information on this page before confirming the order. In addition, although the Regulation does not require it, the SELLER/PROVIDER contractually provides the method of payment, the period and manner of performance, the position on the right of withdrawal, and the complaint and remedy channels.

3. Essential Characteristics of the Service

The service sold is a private (dedicated) passenger transport service from the pickup point to the destination stated by the BUYER, at the date and time stated by the BUYER, in the vehicle class selected. The service includes:

• The price is PER VEHICLE, not per person; the passenger and luggage capacity of the selected vehicle class is shown on the booking screen.
• Motorway tolls, bridge charges and ferry fees along the route are included in the price; no separate charge is made for them.
• For airport pickups, the flight is monitored where a flight number is provided; if the flight is delayed, waiting is free of charge.
• Free waiting time is up to 60 minutes after landing for airport pickups, and up to 15 minutes for hotel/address pickups.
• For airport arrivals the driver performs a meet & greet at the terminal exit with a name sign.
• Child seats and booster seats are provided free of charge on request; the request must be made at the time of booking.
• Standard luggage is included. Oversized items (surfboards, bicycles, etc.) must be declared at the time of booking.
• Vehicle assignment: if the assigned vehicle becomes unavailable, the SELLER/PROVIDER reserves the right to assign a vehicle of equal or higher class than the one booked.

All details of the service, including its essential characteristics, duration and price, appear on the booking screen and in the booking confirmation (voucher) sent to the BUYER. The confirmation forms an integral part of this Contract.

4. Total Price, Taxes and Method of Payment

• The total sale price of the service including all taxes is shown clearly on the booking screen and in the booking confirmation. The amount shown is the final amount payable by the BUYER.
• Prices include all taxes and duties. There are no hidden charges or later-added service charges.
• Prices are displayed in Euros (EUR). Payment may also be made in other currencies at the exchange rate applicable on the day the service is performed.
• The price is fixed at the moment the booking is created and does not change, irrespective of route or traffic conditions.
• Method of payment: payment may be made in cash to the driver (EUR, USD, TRY, GBP) or — where the online payment option is enabled — by debit/credit card during booking. The payment methods available are shown on the booking screen, and only the methods shown there apply.
• Where online card payment is enabled, the payment is taken through the Türkiye Garanti Bankası A.Ş. (Garanti BBVA) virtual POS and the card data is processed solely within that infrastructure; the SELLER/PROVIDER does not see or store the card number, expiry date or security code.
• Additional charges may arise for waiting beyond 60 minutes at airport pickups or 15 minutes at hotel/address pickups. Such a charge applies only if the BUYER is told the amount and expressly agrees to it before the extra waiting begins (Regulation Art. 19); any amount collected without that consent is refunded immediately.

An invoice is issued on request, based on the invoicing details the BUYER provides with the request, and is sent to the e-mail address the BUYER specifies.

5. Period and Manner of Performance

• The service is performed at the date and time, and from the pickup point, stated by the BUYER in the booking. The moment of performance is the pickup date and time written in the booking confirmation.
• The booking becomes definitive when a confirmation e-mail and/or WhatsApp message containing the booking reference reaches the BUYER. No booking is formed until that confirmation is received.
• Driver and vehicle details are notified to the BUYER before performance of the service.
• For a transfer service, performance takes place at the date and time chosen by the BUYER themselves, and that date and time fix the period of performance.
• If performance becomes impossible, the SELLER/PROVIDER notifies the BUYER as soon as it learns of it and, where an amount has been collected, refunds it in full without delay.

Where the pickup details given by the BUYER are incorrect or incomplete, or the BUYER is not present at the stated point or cannot be reached, the service is deemed performed and the no-show rule in Section 7 applies.

6. Right of Withdrawal and the Scope of the Regulation (art. 2/2-(h))

In distance contracts the consumer has, as a rule, the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty (Law No. 6502, Art. 48; Distance Contracts Regulation, Art. 9). However, the Regulation leaves contracts for passenger transport services outside its scope.

By completing the booking, the BUYER accepts that they are contracting in the knowledge that the service purchased is a passenger transport service and that, under Article 2(2)(h) of the Regulation, no statutory right of withdrawal exists.

The provisions of the Regulation that do apply to this Contract are: Article 5(1)(a) (essential characteristics of the service); Article 5(1)(b) (identity of the SELLER/PROVIDER: trade name and MERSİS or tax number); Article 5(1)(d) (total price including all taxes); Article 18 (no charge above the standard tariff for contacting the SELLER/PROVIDER about the contract); and Article 19 (the BUYER’s express consent is required for any payment beyond the agreed principal price).

For consumers resident in the European Union, Article 3(3)(k) of Directive 2011/83/EU on consumer rights likewise places passenger transport services outside the Directive, except for Articles 8(2), 19 and 22.

7. Cancellation, Amendment and Refund

Although no statutory right of withdrawal arises (Section 6), the SELLER/PROVIDER grants the BUYER the cancellation and refund rights below by contract. The cancellation fees and refund percentages in the following table are the same as in the table in Section 4 of the Turkey Transfer Terms of Service:

• Booking amendments (time, date, destination) can be made free of charge up to 12 hours before pickup; amendments are subject to availability.
• Cancellation and amendment requests are submitted via WhatsApp (+90 551 086 83 68) or e-mail ([email protected]), quoting the booking reference. A request takes effect once confirmed in writing by the SELLER/PROVIDER.
• Where online payment is enabled and a booking has been prepaid, refunds are made to the original payment method and are processed within 5–10 business days. The date the funds appear may also depend on the bank or payment institution concerned.
• If the SELLER/PROVIDER cancels a booking for an unforeseen reason, the BUYER is refunded in full or, with their agreement, provided with an alternative transfer.

For the full cancellation and refund rules: Cancellation and Refund Policy

8. Obligations of the BUYER

• The BUYER is responsible for the accuracy of the pickup/destination address, date, time, flight number and passenger count given in the booking.
• Passengers must wear seatbelts throughout the journey, as required by Turkish law.
• Smoking in the vehicle is prohibited.
• The driver has the right to refuse service to passengers who are intoxicated or behaving disruptively.
• Damage caused to the vehicle by passengers is charged to the booking holder.

9. Force Majeure and Liability

• The SELLER/PROVIDER is not liable for delays caused by traffic, weather, road conditions, decisions of official authorities or other force majeure circumstances beyond its control.
• All vehicles are licensed and insured.
• Maximum liability in respect of a booking is limited to the total fare paid for that booking.
• The SELLER/PROVIDER is not liable for items left in the vehicle unless the loss is attributable to its own fault; liability for its own fault is reserved. Reasonable efforts are made to recover and return such items.
• Nothing in this Contract limits liability for death, personal injury, or intent/gross negligence. The consumer’s rights under Law No. 6502 in respect of defective service and compensation are reserved.

10. Complaints and Remedies

The BUYER may raise any request or complaint concerning the service with the SELLER/PROVIDER first: e-mail [email protected], phone/WhatsApp +90 551 086 83 68.

If the dispute cannot be resolved, the BUYER may pursue the following remedies under Law No. 6502 on Consumer Protection:

• Consumer Arbitration Committee (Law No. 6502, Art. 68): for disputes below the monetary threshold, which is revalued every year and announced by the Ministry of Trade, an application may be made to the CONSUMER ARBITRATION COMMITTEE (Tüketici Hakem Heyeti) at the BUYER’s place of residence or at the place where the consumer transaction was made. Application is free of charge and can also be made through the Consumer Information System (TÜBİS) via e-Devlet.
• Consumer Court (Law No. 6502, Art. 73): for disputes above the threshold, an application may be made to the CONSUMER COURT (Tüketici Mahkemesi), or, where no consumer court exists, to the CIVIL COURT OF FIRST INSTANCE (Asliye Hukuk Mahkemesi) acting as a consumer court. Under Article 73/A of the same Law, applying to a mediator (arabulucu) before filing the action is a precondition for the action (dava şartı).

Because the monetary thresholds are redetermined every year, it is advisable to check the amounts currently published by the Ministry of Trade before making an application.

11. Retention of the Contract and Evidence

• This Contract and the pre-contractual information are available on this page at all times; the BUYER may access, print and keep them from this page at any time. The booking confirmation sent to the BUYER contains the booking reference.
• The SELLER/PROVIDER retains the Contract and the records relating to the booking in accordance with its statutory retention obligations, for the retention periods set by tax legislation (Vergi Usul Kanunu) and commercial legislation (Türk Ticaret Kanunu), and makes them available to the BUYER on request.
• The SELLER/PROVIDER keeps its electronic records, system logs, booking records and e-mail/WhatsApp correspondence and may rely on them in a dispute. These records do not bind the BUYER and do not restrict the means of proof available to either party under the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu), or the BUYER’s right to submit their own evidence.

For details of the processing of personal data: KVKK Personal Data Disclosure

12. Governing Law and Entry into Force

This Contract is governed by the law of the Republic of Turkey. It enters into force when the BUYER confirms the booking electronically and the booking confirmation reaches them, and terminates upon performance of the service. The rights of consumers resident in the European Union arising from the mandatory consumer protection provisions of their own countries are reserved.

The SELLER/PROVIDER may update this Contract to reflect legislative changes or changes in the scope of the service. The text in force at the date a booking is made applies to that booking.