SALE AND RETURN CONTRACT
ARTICLE 1 – SUBJECT AND AIM OF THE CONTRACT
1.1. This contract defines the rights, jurisdiction and obligations of the parties pursuant to the Law no. 4077 on the Protection of the Rights of the Consumers and the Directive on Principles and Procedures of the Application of Distance Contracts in relation with the sales of the services over http://booking.swimming-dolphins.org/ (hereinafter referred as the “WEBSITE”) that is run by the Seller and the performances of these services on below date and session if it is agreed with the Buyer whose details are below.
1.2. The Buyer acknowledges and declares that s/he knows all the preliminary information on basic characteristics of goods or services as the subject of the sale, their sale prices, method of payment, terms of delivery and others together with the “right of withdrawal” and these preliminary information are confirmed in electronic media before the order is given by him/her. The preliminary information on the payment page at http://booking.swimming-dolphins.org/ and the invoice are the integrated part of this contract.
1.3. SALE INFORMATION
Title: ONMEGA YUNUS TERAPİ TURİZM SANAYİ DANIŞMANLIK HİZMETLERİ LTD. ŞTİ.
Address: Dumlupinar Bulvari Konyaalti Korulugu yani No 203 Waterhill Dolphinland Antalya Turkey. TO: Fethiye V.No. 643 028 6242
Phone: +90 252 455 4064
Fax: +90 252 455 2433
1.4. DEFINITIONS IN THE CONTRACT
Date: The day of the program that is selected by the Buyer during the sale and confirmed by the Seller.
Session: One of the sessions on the day of the program that is selected by the Buyer during the sale and confirmed by the Seller.
Program: The programs for sale. Later: visitor or meeting with the Dolphin or swimming with the Dolphin
Voucher: The voucher to be sent by the Seller to the Buyer after the sale procedure is completed. It is accepted as the ticket.
1.5. BUYER INFORMATION
The individual/organisation/establishment that accepts this contract and order from http://booking.swimming-dolphins.org/ site. It will be referred as the Buyer and the address and contact information to be used during the order process will be considered. No wrong or failed information, especially the e-mail address to be sent result with the failure of the Seller and if the voucher cannot be delivered due to wrong e-mail address cause no liability for the Seller.
ARTICLE 2 – CONTRACT DATE
2.1. This contract becomes effective on the date when the order is completed on the website of the Seller, between the parties.
ARTICLE 3 – GOODS AND SERVICES OF THE CONTRACT
3.1. It is the name and amount of the product, number and ages of participants, sale price, method of payment which are chosen by the Buyer and registered on the site on the moment when the order is given.
The services which the Buyer can purchase:
- Visitor ticket: Participant service/ticket as the visitor: It means the individuals who want to visit the Dolphin Park and see the dolphins during their visits.
- DOLPHIN MEETING Program: It is the program enables the visitors to meet with the Dolphin on the platform without entering into the water.
- DOLPHIN SWIMMING Program: It is the program in which the visitor enters into the pool and swim with the Dolphin.
3.2. The prices and explanations of each program are given respectively to the public.
4 – DELIVERY OF THE PRODUCTS
4.1. The SERVICE is for the session that is selected (accepted) by the BUYER over the WEBSITE and confirmed by the system with respective date and time. The service will be delivered in the Dolphin Park.
4.2. If the SERVICE will be delivered someone other than the BUYER, related individual accepts that the service will be provided according to current rules of the Dolphin Park on the control date of the voucher. The Dolphin Park has no obligation to meet the demand of the service differentiation by this person and the price return is not provided.
4.3. The voucher is sent to the e-mail address of the BUYER who mentions it during the purchase of the SERVICE. This voucher is considered as the ticket for the Dolphin Park. It is not allowed to enter into the Dolphin Park without the voucher/ticket.
ARTICLE 5 – METHOD OF PAYMENT
5.1. The BUYER can pay during the sale by using a credit card of PayPal system.
5.2. THE PRICE OF RELATED SERVICE IS COLLECTED WITHIN THE SCOPE OF THE PAYMENT PROTECTION SYSTEM ON BEHALF OF THE SELLER ONMEGA YUNUS TERAPİ TURİZM SANAYİ DANIŞMANLIK HİZMETLERİ LTD. ŞTİ. FROM THE BUYER. THE BUYER WILL BE CONSIDERED AS PAID BY PAYING THE PRICE OF THE SERVICE TO ONMEGA YUNUS TERAPİ TURİZM SANAYİ DANIŞMANLIK HİZMETLERİ LTD. ŞTİ.
5.3. In case the BUYER is default for the credit card transactions, the owner of the credit card will pay the interest with respect to the credit card agreement of the owner with the bank and the BUYER will be responsible towards the bank alone. In that case, related bank can employ the legal remedies; the costs and attorney fee can be demanded from the BUYER who will be responsible for the damages and losses of the SELLER due to the default of the BUYER.
5.4. Since the credit sales are only made with bank credit cards, the BUYER accepts, declares and undertakes the application of the interest and late payment fines with reference to applicable provisions within the scope of the credit cart agreement between the bank and the BUYER, and to confirm this interest and late payment fines from related bank.
5.5. The credit sale is a possibility to be provided by a bank or financial institution issuing credit cards or instalments and it is not related with the SELLER and the matter between the SELLER and the BUYER is not considered as a credit sale in this sense.
5.6. The legal rights of the SELLER for the sales to be considered as credited sale (termination of the contract if a payment is not done and/or the claim for the payment of the complete amount with late payment fine) are existed and reserved. For the default of the BUYER, 5% monthly late payment fine is applied.
ARTICLE 6 - GENERAL PROVISIONS
6.1. The BUYER accepts that s/he reads the preliminary information on the SERVICE delivery, basic characteristics of the SERVICES, sale price and method of payment and confirms the sale in electronic media.
6.2. The BUYER also confirms to obtain completely and fully the address, basic features of the SERVICES to be purchased, the price of the SERVICE including taxes, payment and delivery information which should be provided by the Seller to the Consumer prior to the sign of the distance contract by confirming this contract electronically.
6.3. If the SELLER cannot perform the contract obligations since it becomes impossible to perform, this is notified to the consumer within the period before the lapse of performance obligation in the contract and it is ready to provide the same program to the BUYER on a different day or session on the same day. However, selection of the day and session is up to the SELLER and the BUYER accepts. If this different day or session is not accepted by the BUYER, the price is returned by the SELLER. This situation and dependent price return can only be resulted from natural disasters or weather conditions or the assessment of dolphin sicknesses. The evaluations of the BUYER such as estimation of the program, dislike or lacks which are the interpretations of the BUYER will not cause a ground for price return.
6.4. For the performance of this SERVICE, the customer should have been accept the rules and service explanations and pay the price with preferred method of payment by using the online website. If the product price is not paid due to any reason or it is cancelled before the bank the SELLER is accepted as free from the obligation of the delivery of the product.
ARTICLE 7 – RETURN AND RIGHT TO CANCEL
7.1. The programs which are sold online by the SELLER are the units having the characteristics of the service, the right to RETURN is not foreseen. However, it is possible for the SELLER to offer another day and session to the BUYER on account of extraordinary situations (sickness of the dolphins, weather conditions, earthquake, flood, fire, etc.). If the SELLER cannot provide the service within 7 days and this period is lapsed, the SELLER cancel the sale upon the request of the BUYER and returns the price. The price is returned within 10 days to the BUYER in case of the cancel of the sale. The payments using the credit card, the return is made to the credit card of the BUYER.
7.2. The BUYER may demand the cancel of the sale at least 7 days prior to the program from the SELLER on written basis (by e-mail) or personally in the office. The price is returned to the credit card of the BUYER. If there is less than 7 days to the program, 50% of the service price is returned to the BUYER.
7.3. If the original invoice is not delivered, the VAT and other legal obligations, if any, are not returned pursuant to the tax legislation. The freight cost of returned good is paid by the BUYER.
ARTICLE 8 – RIGHT TO WITHDRAW
8.1. The SELLER accepts and undertakes that the BUYER may withdraw from the contract before 7 days of the date when the service will be delivered after the service is purchased from the online website and the BUYER will withdraw from the contract without any legal or criminal obligation without indicating any ground.
8.2. For the exercise of the right to withdraw, the SELLER should be notified on written basis before 7 days from the program. If this right is exercised, the BUYER has to send the voucher that was sent by the SELLER via e-mail in which an explanation is required, clearly. Following the delivery of this e-mail, the service price is returned to the BUYER within 10 days. The payments using the credit card, the return is made to the credit card of the BUYER.
ARTICLE 8 – PRODUCTS WITHOUT RIGHT TO WITHDRAW
8.1. The products which cannot be returned due to their qualifications are accepted not to be able to be returned since they are services.
8.2. Before the period for the right to withdraw ends, for the services which are started to be performed upon the confirmation of the consumer instantly on electronic media, the immaterial goods which are delivered to the customer instantly, the contract and the good/service in the contract cannot be applied the right to withdraw since the Distance Contracts Directive provisions are not applied to the legal relation between the Buyer and Seller if the goods/services are excluded from the Directive (service or travel, accommodation, restaurants, entertainment, etc.). This kinds of goods and services in the category of holiday are cancelled and returned according to the implementations and rules of the Seller.
ARTICLE 9 – EVIDENCE AGREEMENT AND AUTHORISED JURISDICTION
9.1. The records of the SELLER (including computers, voices and other on the magnetic environment) are absolute evidences for the solution of any kind of dispute that may be related with the Contract and/or its implementation; the Consumer Arbitrations until the value that is declared by the Ministry of Industry and Trade, and the Consumer Courts and Offices of Enforcement in the residences of the BUYER and SELLER are authorised for the values more than the declaration.
9.2. All the correspondences between the Buyer and Seller related with this Contract will be done via e-mail except for the legal obligations. The Buyer accepts, declares and agrees that the official books and commercial records of the Seller and Doğuş Planet, its database are binding, absolute and unique evidences with reference to this Article that has the evidence contract in the sense of Article 193 of the Code of Civil Procedure.
9.3. The BUYER accepts, declares and agrees completely that s/he read all the conditions in this Contract and the order form that is an internal part of this contract and knows and examines all the sale conditions and other information.
ARTICLE 10 – EFFECT
This Contract consisting of 10 (ten) articles is signed and effective by the confirmation of the Buyer on electronic media.
SELLER: ONMEGA YUNUS TERAPİ TURİZM SANAYİ DANIŞMANLIK HİZMETLERİ LTD.ŞTİ.
Address: Atatürk Cd.64, Mares Otel altı, Yunus Parkı, İçmeler, Marmaris Muğla, 48700 Turkey.
Tax Office: Fethiye No. 643 028 6242
Telephone : +90 252 455 4064
Fax : +90 252 455 2433