Distance Sales Agreement
ARTICLE 1 – PARTIES
This Distance Sales Agreement (“Agreement”) has been concluded electronically, pursuant to the Consumer Protection Law No. 6502, the Distance Contracts Regulation and other relevant legislation, between the Seller/Service Provider whose details are set out below and the Buyer/User who purchases tickets electronically through the Basilica Cistern website.
1.1. Seller / Service Provider
Trade Name: 1048 VAKIF ENERJİ ANONİM ŞİRKETİ
Address: Ümit Mahallesi 2480.Sokak 14
MERSIS No.: 0001215289500001
Tax Office / Tax No.: Maltepe Vergi Dairesi
Telephone: 0 312 503 43 92
E-mail: yerebatansarnici@1048vakifenerji.com.tr
Registered Electronic Mail (KEP) Address: 1048vakifenerji@hs01.kep.tr
Website: 1048vakifenerji.com
Hereinafter referred to as the “Seller” or the “Service Provider”.
1.2. Buyer / User
Name and Surname / Trade Name:
Turkish ID No. / Passport No.:
Address:
Telephone:
E-mail:
Hereinafter referred to as the “Buyer” or the “User”.
The Seller and the Buyer shall hereinafter be referred to together as the “Parties”.
ARTICLE 2 – DEFINITIONS
For the purposes of this Agreement;
Buyer/User: means the natural or legal person who purchases tickets through the website,
Ticket: means the electronic admission document that grants the right of entry to the Basilica Cistern, is issued electronically and is used through a QR code, barcode, reference number or similar verification method,
Electronic Ticket: means the digital ticket delivered to the Buyer by e-mail, text message, user account or through the website,
Service: means the service relating to the provision of entry to and visit of the Basilica Cistern,
Website/Site: means the website with the domain name [x] and, where applicable, the mobile application,
Preliminary Information Form: means the information text presented to the Buyer before the distance contract is concluded and constituting an integral part of this Agreement,
Seller/Service Provider: means the natural or legal person carrying out ticket sales through the Basilica Cistern website,
Agreement: means this Distance Sales Agreement,
shall mean.
ARTICLE 3 – SUBJECT MATTER OF THE AGREEMENT
The subject matter of this Agreement is to determine the sale, electronic delivery, use, cancellation/refund conditions of the Basilica Cistern admission ticket or other visit services ordered electronically by the Buyer through the Seller’s website, and the rights and obligations of the Parties.
By approving this Agreement electronically, the Buyer accepts that the Buyer is aware that the Buyer will be under an obligation to pay the ticket price subject to the order and, if any, the service fee, transaction fee, taxes and other additional charges.
ARTICLE 4 – BASIC CHARACTERISTICS AND PRICE OF THE SERVICE SUBJECT TO THE AGREEMENT
The service subject to the Agreement is the electronic ticket service granting the right of entry to the Basilica Cistern on the date and/or within the time interval selected by the Buyer.
The basic information regarding the order is as follows:
Ticket type: [Full / Discounted / Student / Foreign Visitor / Group / Guided Tour / Other]
Visit date:
Visit time / time interval:
Number of tickets:
Unit ticket price:
Service / transaction fee:
Total amount including taxes:
Payment method: [Credit card / debit card / other]
Delivery method: Electronic ticket / QR code / e-mail / access through user account
Invoice information:
The Buyer accepts that, before confirming the order, the Buyer has been clearly informed about the ticket type, number of tickets, visit date, visit time, price, payment method, conditions of use, cancellation/refund conditions and the exception to the right of withdrawal.
ARTICLE 5 – PRELIMINARY INFORMATION AND CONFIRMATION OF THE ORDER
5.1. The Buyer declares that, before completing the order, the Buyer has read, understood and accepted the Preliminary Information Form, this Agreement, the User Agreement, the Privacy Policy, the Clarification Text, the Cookie Policy and the ticket use/visit rules available on the website, as presented by the Seller.
5.2. Confirmation of the order by the Buyer means that this Agreement is concluded electronically.
5.3. Before the conclusion of the contract, the Seller informs the Buyer about the Seller’s identity and contact details, the basic characteristics of the service, the total price including taxes, payment and performance conditions, complaint channels, the exception to the right of withdrawal and dispute resolution methods.
5.4. The Buyer accepts that the Buyer has been clearly and understandably informed that, upon confirming the order, the Buyer will be under a payment obligation.
ARTICLE 6 – PAYMENT
6.1. The Buyer shall pay the price of the purchased ticket by the payment method selected during the order.
6.2. Payment transactions may be carried out through contracted banks, electronic money institutions, payment service providers or other third-party payment infrastructures.
6.3. If the payment is not successfully completed, is rejected by the bank or the transaction is not approved due to security checks, the order shall not become final and no ticket shall be issued.
6.4. The Seller may request additional verification where deemed necessary, suspend suspicious transactions or cancel them in order to ensure payment security.
6.5. The Buyer accepts that the card or payment instrument used during payment belongs to the Buyer or that the Buyer is authorized to use it. Any liability arising from the use of an unauthorized payment instrument shall belong to the Buyer.
ARTICLE 7 – DELIVERY OF THE ELECTRONIC TICKET
7.1. After successful completion of the payment transaction, the electronic ticket is sent to the e-mail address provided by the Buyer during the order or made accessible through the user account.
7.2. The Seller shall not be responsible if the ticket cannot be delivered due to an incorrect e-mail address, telephone number, identity information or other incorrect/incomplete information provided by the Buyer.
7.3. The Buyer is obliged to check whether the electronic ticket has reached the Buyer, to check the e-mail inbox and spam/junk folder and, where necessary, to contact the Seller.
7.4. The electronic ticket is valid within the scope of the date, time, number of persons, ticket type and conditions of use stated on it. As a rule, tickets whose validity period, date or time has expired cannot be used.
7.5. Each ticket may be used only once unless expressly stated otherwise. A used ticket cannot be used again.
ARTICLE 8 – USE AND SAFEKEEPING OF THE TICKET
8.1. On the visit date, the Buyer is obliged to present the ticket at the entrance point by QR code, barcode, reference number or any other verification method determined by the Seller.
8.2. The Buyer shall be responsible for damages that may arise if the ticket is lost, deleted, damaged, shared with third parties, reproduced without permission, a screenshot is used by others, or the QR code is scanned by third parties.
8.3. The ticket may be purchased only for personal use. The Buyer may not resell the ticket for commercial purposes, offer it for sale for an additional price, or use it in advertising, promotions, campaigns, sweepstakes or similar commercial activities.
8.4. The Seller reserves the right to cancel tickets that are forged, copied, altered, irregularly obtained or offered for sale without authorization, and to refuse entry with such tickets.
8.5. If the ticket is sold, transferred or misused for commercial purposes without permission, the Seller may cancel the ticket without making any refund.
ARTICLE 9 – VISIT AND ENTRY RULES
9.1. During the visit to the Basilica Cistern, the Buyer is obliged to comply with applicable legislation, public order and security rules, regulations on the protection of historical/cultural assets, the visit rules announced at the site and the instructions of authorized personnel.
9.2. The Seller or authorized operator may temporarily suspend admissions, regulate visitor flow or close certain areas to visitors for reasons of security, capacity, maintenance, restoration, technical necessity, public order, official authority decision or other mandatory reasons.
9.3. Security checks may be carried out at the entrance. Persons who do not pass the security check, carry prohibited items, act contrary to the visit rules or disturb other visitors may be denied entry or removed from the site.
9.4. Admission of a Buyer who is late for the visit time depends on capacity and visit arrangements. If the ticket cannot be used due to lateness, the ticket price shall not be refunded.
9.5. After leaving the visit area, re-entry with the same ticket may not be possible. The possibility of re-entry is subject to the current rules of the Seller or the site operator.
9.6. A Buyer who purchases a discounted ticket is obliged to present, at the entrance, the document showing that the Buyer meets the discount conditions. If the discount conditions are not met or the document is not presented, entry may be denied or the price difference may be requested.
9.7. Special rules announced by the Seller or the site operator shall apply to matters such as photography and video recording, professional shooting, commercial shooting, tripod use, guided group organizations, special events, bringing outside food/beverages and admission of pets.
ARTICLE 10 – RIGHT OF WITHDRAWAL, CANCELLATION AND REFUND CONDITIONS
10.1. The Buyer accepts that this Agreement relates to the sale of a Basilica Cistern admission ticket/service that must be performed on a specific date or during a specific period.
10.2. Pursuant to the provisions of the Distance Contracts Regulation regarding exceptions to the right of withdrawal, the right of withdrawal cannot be exercised for services relating to leisure activities for entertainment or recreation purposes that must be performed on a specific date or during a specific period. Therefore, the Buyer does not have a right of withdrawal in respect of dated and/or timed Basilica Cistern admission tickets.
10.3. As a rule, purchased tickets cannot be cancelled, changed or refunded. However, if the Seller expressly grants a different cancellation/change option on the website, in the campaign conditions or on the order screen, the relevant special conditions shall apply.
10.4. The Buyer’s failure to be present on the visit date or at the visit time, lateness, selection of an incorrect date/time, purchase of an incorrect ticket type, failure to meet discount conditions or non-use of the ticket for personal reasons shall not give rise to a right of refund.
10.5. If the visit cannot take place at all on the relevant date and/or at the relevant time due to reasons attributable to the Seller or the site operator, the Buyer has the right to request a refund of the ticket price. If the Buyer wishes, the Buyer may also choose a new visit date or replacement of the ticket instead of a refund. The right of choice belongs to the Buyer.
10.6. Article 10.5 shall also apply if the visit cannot take place on the relevant date and/or at the relevant time due to force majeure, an official authority decision, security reasons, natural disaster, epidemic disease, technical failure, restoration/maintenance work or similar reasons; a new date or ticket replacement may be offered to the Buyer, but if the Buyer does not accept this, the ticket price shall be refunded.
10.7. Where a refund is required, the refund shall be made to the payment instrument used by the Buyer and in accordance with the procedures of the relevant bank/payment institution. The Seller shall not be responsible for delays arising from the bank or payment institution.
ARTICLE 11 – EVENT/VISIT TIME, CAPACITY AND PROGRAM CHANGES
11.1. The Seller reserves the right to make changes to Basilica Cistern visit hours, session intervals, capacity, ticket types and prices.
11.2. For completed sales, the date, time, ticket type and price approved by the Buyer at the time of sale shall be taken as basis.
11.3. In the event of a change in the visit program, the Seller shall provide reasonable information through the contact details provided by the Buyer during the order. The Buyer is responsible for ensuring that the contact details are accurate and up to date.
ARTICLE 12 – SELLER’S RIGHTS AND OBLIGATIONS
12.1. If the order is successfully completed, the Seller is obliged to deliver the electronic ticket to the Buyer or make it accessible through the user account.
12.2. During the ticket sales process, the Seller provides the Buyer with the necessary information regarding the basic characteristics of the service, its price, payment method, performance conditions and the exception to the right of withdrawal.
12.3. The Seller takes reasonable technical and administrative measures to ensure that the website operates securely and functionally.
12.4. The Seller shall be liable, in proportion to its fault, for disruptions in the service caused by technical failures, maintenance work, outages arising from third-party payment service providers, cyber-attacks, force majeure or events occurring outside its reasonable control.
12.5. The Seller has the right to check, suspend or cancel orders in order to prevent unlawful, irregular, forged or commercial-purpose ticket purchases.
ARTICLE 13 – BUYER’S RIGHTS AND OBLIGATIONS
13.1. The Buyer accepts that the Buyer has been informed about the ticket type, price, date, time, visit rules, cancellation/refund conditions and the exception to the right of withdrawal available on the website.
13.2. The Buyer declares that all information provided during the order is accurate, complete and up to date.
13.3. The Buyer is obliged to keep the electronic ticket secure and prevent its use by third parties.
13.4. The Buyer accepts that the Buyer shall act in accordance with the law, the rules of good faith, public order, visit area rules and the instructions of authorized personnel during ticket purchase and the visit.
13.5. The Buyer accepts that the Buyer shall not misuse the website or ticket system and shall not purchase tickets through automated tools, bots, data scraping methods or similar methods.
13.6. The Buyer shall be responsible for damages incurred by the Seller or third parties due to the Buyer’s conduct contrary to this Agreement, the visit rules or applicable legislation.
ARTICLE 14 – PROTECTION OF PERSONAL DATA
14.1. Personal data belonging to the Buyer may be processed for the purposes of carrying out ticket sales transactions, carrying out payment processes, delivering the electronic ticket, managing visit and security processes, responding to customer support requests, carrying out invoicing procedures and fulfilling obligations arising from legislation.
14.2. Detailed information regarding the processing of personal data is presented to the Buyer under the Clarification Text, Privacy Policy and Cookie Policy available on the website.
14.3. The Buyer may submit application rights regarding the Buyer’s personal data to the Seller in accordance with the procedure stipulated under the relevant legislation.
ARTICLE 15 – INTELLECTUAL PROPERTY RIGHTS
15.1. All trademarks, logos, domain names, designs, texts, visuals, software, interfaces, databases and all other content available on the website belong to the Seller or the relevant right holders.
15.2. The Buyer may not copy, reproduce, publish, distribute, process, modify, use for commercial purposes or transfer to third parties any content on the website without the written permission of the Seller.
ARTICLE 16 – COMPLAINT AND APPLICATION CHANNELS
16.1. The Buyer may submit requests and complaints regarding this Agreement, the ticket purchase process or the service to the Seller through the following communication channels:
E-mail:
Telephone:
Address:
16.2. The Seller shall exercise the necessary care to evaluate the Buyer’s requests and complaints within a reasonable period.
ARTICLE 17 – RESOLUTION OF DISPUTES
17.1. This Agreement is governed by Turkish law.
17.2. In cases where the Buyer has the capacity of a consumer, Consumer Arbitration Committees or Consumer Courts shall have jurisdiction depending on the nature of the dispute and the monetary threshold.
17.3. Pursuant to Article 73/A of the Consumer Protection Law No. 6502, in consumer disputes falling within the scope of mandatory mediation as a condition precedent to litigation, it may be necessary to apply to a mediator before filing a lawsuit.
17.4. In cases where the Buyer does not have the capacity of a consumer, Istanbul Courts and Enforcement Offices shall have jurisdiction over the resolution of disputes.
ARTICLE 18 – EVIDENCE AGREEMENT
The Parties accept that the Seller’s system records, order records, payment records, electronic ticket records, log records, e-mail notifications and other digital records relating to transactions carried out through the website may be used as evidence in disputes.
ARTICLE 19 – EFFECTIVE DATE
19.1. This Agreement enters into force on the date it is approved electronically by the Buyer.
19.2. The Buyer declares that the Buyer has read, understood and accepted this Agreement, the Preliminary Information Form and the relevant policies and rules available on the website.