MEMBERSHIP AGREEMENT
1. PARTIES
This contract is signed by Enler Otomotiv Turizm İnşaat Sanayi ve Tic. Ltd. Sti. and the Member who is a member of the site, at the member registration stage, which the member made of his own will through the website www.yayayok.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
The work specified in this contract;
Yayayok Rent A Car: Enler Automotive Tourism Construction Industry and Trade. Ltd. Şti.,
Member: The natural or legal person who is a member of the site,
Site: The website that broadcasts on the domain name www.yayayok.com.tr,
Vehicle: Vehicle of every brand and model owned and leased by Yayayok Rent A Car,
Agreement: Means this 'Web Membership Agreement'.
3. SUBJECT OF THE AGREEMENT
The subject of this agreement is to determine the procedures and principles regarding the rental of vehicles online by Yayayok Rent A Car and the mutual rights and obligations of Yayayok Rent A Car and the Member. This contract shall be valid for all leases to be made on the site and to be made by the Member.
4. RIGHTS AND OBLIGATIONS OF YAYAYOK RENT A CAR
4.1. Yayayok Rent A Car takes reasonable security measures to prevent the loss, abuse and alteration of personal identity, address and contact information under its control and supervision. However, Yayayok Rent A Car does not guarantee the security of this information in any way. Information and data transferred by the member to the site will not be interpreted as confidential information.
4.2. For security reasons, Yayayok Rent A Car can monitor and record all kinds of activities of the Member on the site and, when deemed necessary, can make any kind of intervention such as removal from the site, freezing membership, canceling membership and so on.
4.3. Yayayok Rent A Car may change the format 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. Yayayok Rent A Car can make commercial communication with the Member at any time about the vehicles, services, advertisements and promotions offered for rent on the site, and send an announcement to the Member via commercial electronic messages and SMS.
4.5. Yayayok Rent A Car can change the scope and types of services offered on the site, as well as partially or completely freeze, terminate or cancel the services offered on the site, at any time and without giving any reason, without informing the Member in advance.
4.6. Yayayok Rent A Car can make changes and/or updates to the service, rental conditions and operation at any time 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 contract does not include any commitments regarding the number of vehicles, brand, model and model year and other matters that Yayayok Rent A Car will rent. The member cannot claim any rights or receivables under any name from Yayayok Rent A Car for these and other reasons.
4.8. Yayayok Rent A Car 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 wants to become a member and completing the registration process. By becoming a member, the member is deemed to have accepted the provisions of this contract and any statement made/to be announced by Yayayok Rent A Car regarding membership and services.
5.2. The member states that the identity, driver's license, address and contact information specified in the membership process are complete and correct, and that if there is a change in their information, they will immediately forward this information to Yayayok Rent A Car, and that any kind of information that may arise due to incomplete, outdated and / or incorrect information. accepts and declares that he will be solely responsible for legal disputes and damages. Therefore, no liability can be attributed to Yayayok Rent A Car.
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, will not engage in insults, threats, slander, harassment and similar acts, will not engage in political or ideological propaganda, will not engage in disturbing behavior against other Members, will avoid any behavior that may disparage persons or institutions, and that the services provided on the site will not It accepts and undertakes that it will refrain from any action that may cause it to be interrupted or interrupted, otherwise it will be personally responsible for any damages that may occur.
5.4. The member accepts and undertakes that he will not violate the rights of third parties under the intellectual property law, will respect the copyrights of third parties, will not compete unfairly, and will respect the trade secrets and private lives of third parties.
5.5. The member accepts and declares that he will use a password that cannot be easily guessed by others while using the site, that he will not share his user name, password and similar information with others, and that this information is not kept in the site database, and that he or she will be personally and only responsible for its security, and that Yayayok Rent A Car will not be responsible in any way. .
5.6. The member undertakes that he will not engage in fraudulent behavior, will not interfere with the security mechanism of the site, otherwise he is responsible for all kinds of damages that may occur and that he will cover all the damages that Yayayok Rent A Car will suffer.
5.7. The member 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 own membership account, otherwise, if Yayayok Rent A Car detects, his membership may be canceled, his reservations may be canceled, his rentals may be terminated, and any kind of arising/to arise. accepts and declares that it will indemnify the damage.
5.8. The member agrees 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. 5.9. The member cannot transfer his membership account to third parties.
5.10. 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.
5.11. Yayayok Rent A Car is not responsible for any damages that may occur directly or indirectly in relation to the access and use of the site, including but not limited to the loss and damage caused by the virus attacks affecting the computer hardware and/or the information obtained from the site.
5.12. 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.
5.13. There may be links on the site that provide links to other websites of third parties that are completely independent of this site and are not under the control of Yayayok Rent A Car. Yayayok Rent A Car does not guarantee the accuracy of the information on these sites. Yayayok Rent A Car has no responsibility for the services/products offered from the websites accessed through these links or their content. The member's access to these websites is under his own responsibility and without the permission of Yayayok Rent A Car.
5.14. The member irrevocably declares that he/she will use a credit card compatible with the information in his/her membership record in all transactions related to this contract, will not use someone else's credit card in any way, that the name on the credit card will be the same as the name applied for membership, that the credit card belongs to him. accepts, declares and undertakes. In case of any damage due to any violation of this matter, the Member assumes that all responsibility belongs to him, and that he will not make any claim from Yayayok Rent A Car in case of using a credit card belonging to someone else, and that Yayayok Rent A Car will not be liable for any damage. In case of any damage, Yayayok Rent A Car irrevocably accepts, declares and undertakes that it is liable to cover all direct and/or indirect damages incurred.
6. INTELLECTUAL PROPERTY
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 Yayayok Rent A Car or its licensors. The Member may not distribute, transmit, modify, copy, display, reproduce, publish, process or otherwise use the content of the site, directly or indirectly, exactly or otherwise, without the written approval of Yayayok Rent A Car, or allow anyone else to access the services of the site or not allowed to use. Otherwise, Yayayok Rent A Car will pay any compensation amount requested from Yayayok Rent A Car due to the damages suffered by third parties, including but not limited to all kinds of damages suffered/inflicted by Yayayok Rent A Car, to Member Yayayok Rent A Car. will be responsible for paying.
6.2 All assets of Yayayok Rent A Car, 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 regarding real and personal rights, 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 Yayayok Rent A Car 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 outages and/or other problems without being limited to those listed, and in case of such problems/faults, the Member's 'Yayayok Rent A Car Member' . For these reasons, the member cannot demand any rights or payments from Yayayok Rent A Car under any name.
Yayayok Rent A Car does not guarantee that the service will be error-free or that it will be provided continuously or that the service is free from viruses and other harmful elements. Yayayok Rent A Car cannot be held responsible for 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.
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 due diligence. In "Force Majeure" cases; Yayayok Rent A Car 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 Yayayok Rent A Car are suspended. In these and similar cases, Yayayok Rent A Car will not be deemed to be delayed, incomplete or non-performance or default. For these cases, no compensation can be claimed from Yayayok Rent A Car under any name. In the event that the force majeure situation lasts more than 7 (seven) days, Yayayok Rent A Car is authorized to terminate this contract unilaterally and without compensation without the need for any notification.
9. CHANGES TO CONTRACT PROVISIONS
Yayayok Rent A Car 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.
10. CANCELLATION OF MEMBERSHIP AND TERMINATION OF THE AGREEMENT
10.1. In case the Member acts partially or completely against any or all of its obligations arising from this agreement, Yayayok Rent A Car may unilaterally terminate this agreement without any notification and without giving any reason, canceling the Member's membership and may partially or completely freeze or cancel the services that it has or will receive. For this reason, in the event of termination, the Member cannot make any rights or demands from Yayayok Rent A Car. The member cannot object to this issue.
10.2. If it wishes, Yayayok Rent A Car is authorized to cancel the membership of the Member unilaterally, without giving any reason and without any notification, and to partially or completely freeze or cancel the services that the Member has received, received or will receive from the site. . In this case, the Member shall not be entitled to any right, receivable, loss of profit, compensation for loss of profit, loss of profit or any other name from Yayayok Rent A Car by claiming an unfair, unjustified, unwarranted, inclined and untimely termination, acted against good will or any other reason and excuse. cannot demand any payment under the title.
11. TERM OF THE AGREEMENT
This agreement enters into force from the moment it is approved on the Site and automatically terminates without any further notification when Yayayo Rent A Car cancels the Member's membership and/or terminates the services offered on the Site.
12. PRIVACY
The Member shall keep confidential all kinds of information, whether commercial, financial, legal or technical, subject to trade secret or other legal protection or not, directly or indirectly related to Yayayok Rent A Car under the performance of this Agreement. It will not disclose to any person without the consent of A Car. However, the aforementioned confidentiality obligation shall not apply in the following cases:
Yayayok Rent A Car may collect the Member's identity, driver's license, 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 sales and site usage statistics. and can use this information without any restrictions. Yayayok Rent A Car 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, Yayayok Rent A Car may share this information with third parties/institutions in order to comply with the obligations imposed by the law or if requested in terms of investigation or research carried out by the authorized judicial or administrative authority, or in order to protect the rights and safety of the users.
13. 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 agreed to make all kinds of notifications 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 Yayayok Rent A Car from the moment it is sent and it will have legal consequences. Yayayok Rent A Car 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 Yayayok Rent A Car.
14. AUTHORITY AND EVIDENCE AGREEMENT
14.1. Turkish Law will be applied and the Central Courts and Enforcement Offices of Izmir or Istanbul 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 Yayayok Rent A Car in the computer and internet environment will be the sole, exclusive and definitive evidence and will be binding, within the scope of HMK.193 of this article. accepts that there is a contract of evidence.
15. MISCELLANEOUS
15.1. If any provision of this Agreement is deemed invalid or unenforceable for any reason, the other provisions of this Agreement will remain in effect.
15.2. Yayayo Rent A Car's failure to use or delay in using any right or power it has under the Contract does not mean that it waives that right or power, and the use of a right or power alone or in part does not prevent that or any other right or power from being used later on. . The waiver of any term, clause or provision of this Agreement shall not constitute 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 previously approved agreement, if any, on the Site. In the event of a dispute, the provisions of this agreement apply regardless of which agreement arises from the period in which it is in effect. The member, if any, has no rights or receivables from Yayayok Rent A Car due to the contract and commercial operation previously approved on the Site, and that he releases Yayayok Rent A Car irrevocably in all kinds of matters, in the aforementioned contract and commercial operation. accepts, declares and undertakes that all responsibilities arising and / or arising against Yayayok Rent A Car due to the relationship 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 Yayayok Rent A Car.