DISTANCE ELECTRONIC TICKET SALES & PASSENGER TRANSPORTATION AGREEMENT
1. PARTIES
This Distance Electronic Ticket Sales and Passenger Transportation Agreement (“Agreement”); on the one hand, Meander Feribot Isletmetleri Anonim Sirketi (Meander Ferry), located at Camikebir Mah. Mahmut Esat Bozkurt Cad. Turistik Site No:14/B, 09400 Kusadasi/Aydin, MERSIS No: 0295 0107 4740 0010 (“Seller”) and, on the other hand, the real person (“Buyer”) who purchased the ticket electronically via the https://meanderferibot.com website and whose information is on the ticket, for the purpose of regulating the rights and obligations of the parties regarding the passenger transportation service that is the subject of this ticket and the sale of tickets in an electronic environment.
If the credit card holder and the passenger benefiting from the service are different persons, both persons are parties to this agreement and are jointly and severally liable as Buyers.
The Purchaser accepts, declares, and undertakes that the information entered into the system is accurate, that they will act in accordance with the provisions of this Agreement and the relevant legislation, and that they will be solely responsible for any legal and financial liability that may arise otherwise.
2. WEBSITE
The Seller sells passenger tickets under this Agreement only through the website with the domain name https://meanderferibot.com (“Website”). Tickets claimed to be sold by the Seller outside these addresses are invalid and do not bind the Seller in any way.
3. SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine the procedures and principles regarding the sale of passenger transportation tickets offered by the Seller to the Buyer electronically via the Internet Site with the domain name https://meanderferibot.com and the passenger transportation services to be performed under these tickets.
In this context, the provisions of the Consumer Protection Law No. 6502 (“Law”) and the Distance Contracts Regulation (“Regulation”) published in the Official Gazette dated 27.11.2014 and numbered 29188 have been taken as a basis.
4. INFORMATION ABOUT THE GOODS/PRODUCTS/SERVICES SUBJECT TO THE AGREEMENT AND DELIVERY
The user accepts, declares, and undertakes in advance to act in accordance with the conditions specified below when using the Company's websites:
- The service subject to this Agreement is the sale of electronic tickets for passenger transportation by ship through the Website by the Seller and the provision of passenger transportation services to the Buyer in whose name the electronic ticket is issued.
- The electronic ticket contains the Seller's name, physical address, contact information, MERSIS number, basic characteristics of the service, sales price, payment method, boarding and arrival points, travel date, and departure time.
- The ticket is created electronically upon completion of the order by the Buyer and sent to the email address provided by the Buyer on the Website. The Buyer is deemed to have received the ticket as soon as they confirm their order electronically and thereby agrees and undertakes to comply with the terms and conditions set forth in this Agreement and on the ticket.
5. BUYER'S COMMITMENT AND RESPONSIBILITY
The user accepts, declares, and undertakes in advance to act in accordance with the conditions specified below when using the Company's websites:
- The Buyer acknowledges that they have learned and been informed about the basic characteristics of the passenger transport ticket purchased under this Agreement, the passenger transport rules, the sales price, the payment method, and all information regarding delivery by confirming them electronically. Upon purchasing the ticket, the Buyer acknowledges, declares, and undertakes that they have fully read and understood the provisions of this Agreement and the relevant passenger transportation rules, that they will act in accordance with them, and that they will fulfill all their obligations.
- The Buyer accepts that if they act contrary to their obligations specified in this Agreement, the Seller has the right to terminate the Agreement unilaterally without any warning; and that they shall be solely responsible for all damages arising from this breach.
- Tickets issued under this Agreement are issued personally in the name of the person named on the ticket and are non-transferable and cannot be used by third parties. The Buyer acknowledges that the information entered on the website is accurate and up-to-date and that the ticket will only be used by the person named on the ticket. If it is determined that the person named on the ticket and the person who actually wishes to receive the service are different, the Seller's liability arising from this Agreement shall cease, and the Seller may immediately terminate the Agreement.
- The Seller only acts as an intermediary for the sale of ferry tickets belonging to different carrier companies via the website. The passenger transportation service covered by the purchased ticket is provided by the relevant Carrier Company; all responsibilities arising from the travel process, including the execution of the voyage, departure/arrival, delays, cancellations, baggage, and passenger safety, belong exclusively to the relevant Carrier Company. The Buyer acknowledges that all rules and conditions relating to the transportation service are determined by the Carrier Company's transportation contract, general terms and conditions, and regulations on its website, and accepts that these conditions are binding on them.
6. PAYMENT AND INVOICING
- Payments are collected through third-party payment service providers (“Authorized Payment Institution”) authorized under the Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions Law No. 6493. Your credit card and debit card information is processed directly by the relevant Authorized Payment Institution, not by Meander.
- The Buyer acknowledges, declares, and undertakes that all legal, financial, and technical responsibilities related to the card, bank, or payment method used to make the payment are their own; and that the payment terms are subject to the agreements between their bank and/or the Authorized Payment Institution.
- Meander's role is limited to ensuring that the amount paid by the Buyer is securely collected through the Authorized Payment Institution. In this context, Meander is not responsible for bank-related interruptions, provision rejections, insufficient limits, technical failures, or other reasons in payment transactions. Such disputes shall be resolved between the Buyer and the relevant bank and/or Authorized Payment Institution.
- The invoice shall be issued electronically in accordance with the applicable legislation and sent to the BUYER.
7. RIGHT OF WITHDRAWAL
- Pursuant to Article 15 of the Distance Contracts Regulation published in the Official Gazette dated 11/27/2014 and numbered 29188, the right of withdrawal does not apply to distance contracts relating to passenger transportation services.
- Therefore, the BUYER does not have the right of withdrawal for tickets purchased under this Agreement. By purchasing a ticket, the BUYER acknowledges, declares, and undertakes that they have been informed of this matter and that they cannot exercise their right of withdrawal.
8. RESERVATION, TICKET, AND TRANSPORTATION RULES
- Tickets are personal and non-transferable and cannot be used by third parties.
- No reservation changes, cancellations, or refunds are made for purchased tickets. Only if the Seller announces exceptional circumstances, transactions may be made within the scope of these circumstances.
- Passengers are required to present their ticket and ID/passport during check-in. The Seller may request to see the credit card used to purchase the ticket during check-in.
- Open-dated tickets are valid only for the calendar year in which they were purchased.
- The passenger agrees to comply with onboard regulations, national/international maritime legislation, and the instructions of the captain and crew.
- Passengers must be present at the port at least 1 (one) hour before the ship's departure. The Seller is not responsible for any loss of rights of passengers who are not present at the port on time.
- The Seller reserves the right to make any changes deemed necessary to the itinerary. In the event of cancellation, postponement, or extension of the voyage due to force majeure or circumstances beyond the Seller's control, the passenger will only be offered a date change, subject to availability; no refund and/or compensation will be paid.
- The Seller sells tickets belonging to different carrier companies for the provision of passenger transportation services. In this case, all liability arising from the transportation service belongs to the relevant carrier company. Meander Ferry is only a ticket sales agent; the Seller accepts no responsibility for the ship's departure/arrival times, delays, cancellations, failure to dock at the port, loss of luggage, security measures, or any other matters relating to the performance of the journey. The passenger accepts in advance that they are subject to the relevant carrier company's transport contract and passenger transport rules.
- The Seller shall not be liable for injury, death, loss or damage to goods/luggage, or for acts of terrorism, civil unrest, natural disasters, adverse weather and sea conditions, or acts of third parties, unless the Seller's fault or negligence is proven by the courts established in Kusadasi.
- The Seller shall not be liable for damage to breakable, perishable, valuable documents, money, jewelry, precious metals, electronic devices, and similar items in the luggage.
- The Seller shall not be held liable for any damage, injury, or death that may occur as a result of health risks arising from the age, mental or physical condition of passengers and the aggravation of these conditions during the journey.
- Passengers are responsible for ensuring the validity of their passports, visas, and other travel documents. No refunds will be made for passengers who are not accepted into the country by the Greek authorities, and the passenger is responsible for all consequences.
- Passengers may not board or disembark the ship until security measures have been completed. The Seller is not liable for any damage or injury resulting from failure to comply with instructions.
- The Seller shall not be liable if passengers who are more than 6 (six) months pregnant are not accepted on board for safety reasons.
- For return trips to the Greek island, passengers must contact the relevant agency to complete their check-in procedures.
- For round-trip tickets covering different seasons, the season price applies to the departure date. The return date cannot be changed for closed return tickets; for open return tickets, availability is not guaranteed.
9. REFUSAL AND LIMITATION OF CARRIAGE
- The Seller is only a ticket sales agent, and the actual transportation service is provided by the relevant ferry operators (“Carrier Companies”). Therefore, decisions regarding refusal and limitation of transportation for the reasons specified below or similar reasons are made solely by the relevant Carrier Company, and the responsibility lies entirely with the Carrier Company.
- The transportation of the Passenger or Baggage may be refused or restricted in the following cases:
- If the Passenger's behavior, age, mental or physical condition requires special assistance for transportation or creates safety and disturbance issues for other passengers,
- If the Passenger fails to comply with instructions or refuses security checks,
- If the Passenger is under the influence of alcohol, drugs, or similar substances,
- The passenger arrives at the terminal in a condition that endangers the flight or the safety of other passengers.
- In such cases, if carriage is refused, the ticket price will not be refunded; no compensation will be paid.
10. ITEMS NOT ACCEPTED AS BAGGAGE
- Firearms and ammunition may only be accepted as checked baggage if they are for hunting/sporting purposes and comply with the rules of the relevant carrier. Firearms must be secured, unloaded, and properly packaged.
- As the seller only sells tickets, all rules and practices regarding baggage acceptance and transportation are the responsibility of the relevant Carrier Company.
- Baggage that cannot be transported safely due to its size, shape, weight, or nature, baggage that is found to be improperly packaged or contains prohibited items will not be transported. In particular, the transport of narcotics and similar illegal substances is strictly prohibited; all legal and criminal liability in this regard rests with the passenger.
- Passengers are entitled to free baggage allowance; the scope and limits of this entitlement are subject to the regulations of the relevant Carrier Company. Baggage delivery is the responsibility of the passenger after disembarkation.
11. TRANSPORTATION OF ANIMALS
- Pets (cats, dogs, etc.) may be transported subject to the presentation of valid vaccination and health certificates, entry permits, and documents required by Greek legislation. Dangerous animal breeds (e.g., American pit bull terriers, Dobermans, Rottweilers, etc.) are not accepted.
- The transport of pets is subject to prior agreement, and all responsibility for the animal lies with the passenger.
- The Seller shall not be liable in the event that Greece does not allow the pet to enter the country, places it in quarantine, or in the event that it becomes ill, is lost, or dies. All risks, expenses, and legal liability are the responsibility of the passenger.
12. CANCELLATION OF TRAVEL AND REFUND CONDITIONS
- Electronic tickets purchased under this agreement are final in terms of passenger, date, time, and route information; the BUYER acknowledges, declares, and undertakes that this information cannot be changed in any way and cannot be refunded upon purchase confirmation.
- No refund will be made to passengers who are not permitted to board the ship by the competent border, customs, or port authorities, who are unable to complete passport/visa procedures, or who have incomplete travel documents. In such cases, all responsibility lies solely with the passenger.
- The Seller is only a ticket sales agent, and the actual transportation service is provided by the relevant ferry operators (“Carrier Companies”). Therefore, in the event of cancellation, change, or postponement of the voyage by the Carrier Company, the refund and change conditions are solely subject to the rules of the relevant Carrier Company. The BUYER is responsible for reviewing these rules on the relevant Carrier Company's own website or in the texts it publishes.
13. TERMS OF USE OF THE WEBSITE
- All ownership and disposal rights of the websites subject to this agreement (“https://meanderferibot.com”) belong to Meander Feribot Isletmeleri A.S. (Meander Feribot). Every user who accesses the site is deemed to have accepted the terms of this agreement and all usage, reservation, and ticket conditions published on the site.
- Meander Feribot reserves the right to change all content, conditions, and policies published on the site at any time. Changes take effect as soon as they are published on the website and are binding on the user.
- The website may contain links to third-party websites. These links are provided for informational purposes only; Meander Feribot does not guarantee or warrant the accuracy, currency, or security of the content on these sites. Any risks or damages arising from the use of these sites are entirely the responsibility of the user.
14. PRIVACY
- General Principle: Meander Feribot Isletmeleri. A.S. (“SELLER”) undertakes to comply with the Personal Data Protection Law No. 6698 (“KVKK”), relevant secondary legislation, and other legal regulations in the processing of all personal data obtained within the scope of this agreement.
- Purpose of Data Processing and Use: Identity, contact, passport, payment information, and other personal data provided by the BUYER through the website will be processed solely for the purposes of ticket sales, reservation transactions, processing visa applications, fulfilling financial/tax obligations, managing customer relations, fulfilling responsibilities to legal authorities, and within the scope of the SELLER's legitimate interests.
- Data Transfer and Third Parties: The SELLER may share this data only for the purposes specified above with payment institutions it uses, authorized public institutions, port and border authorities, ferry operators, and legally authorized third parties. The BUYER is deemed to have consented to such sharing.
- Security Measures: Data transfer is protected by SSL technology, and data is stored by the SELLER in accordance with international standards for administrative and technical measures. However, any risks arising from data transfer over the internet are entirely the responsibility of the BUYER.
- Confidentiality of Reservation Codes (PNR): The reservation codes (PNR) given to the BUYER are personal and confidential. The BUYER is solely responsible for protecting these codes and shall be liable for any damages arising from sharing them with third parties. In group reservations, the same PNR number may be shared with other passengers; therefore, making separate reservations to protect personal privacy is left to the BUYER's discretion.
- Security of Payment Information: Credit/debit card information is processed solely by the relevant payment institution and is not recorded or stored by the SELLER. The BUYER is responsible for ensuring the security of payment information, and all liability arising from the sharing or misuse of this information with third parties shall be borne by the BUYER.
- Third-Party Websites: The website may contain links to websites belonging to third parties. The SELLER is not responsible for the content, privacy policies, and security practices of these sites. The BUYER is responsible for reviewing the relevant policies before using these sites.
- Rights: The BUYER has the right to learn whether their personal data is being processed under the KVKK, to request its deletion or correction, and to obtain information regarding its processing. These requests can be sent to “[email protected]”.
15. COMPETENT AND RESPONSIBLE COURT, APPLICABLE LAW
Turkish law shall apply to any disputes arising from this agreement. The Kusadasi Courts and Enforcement Offices shall have jurisdiction over the resolution of disputes.
16. CHANGES
Meander Feribot Isletmeleri A.S. (Meander Feribot) may change part or all of these transportation rules when deemed necessary.
17. PROVISION
Upon completion of the order, the BUYER shall be deemed to have accepted all the terms and conditions of this agreement. The invalidity or unenforceability of any provision of this 16-article agreement shall not affect the validity of the other provisions of the agreement.