User Agreement

USER AGREEMENT

Article 1. Parties

This User Agreement (“Agreement”) has been executed by and between Onur Turizm Seyahat Acentesi trading as True Blue Tour domiciled at the address Alemdar Mahallesi. Alayköşkü Caddesi. No 3/A. Fatih, Istanbul, which is the owner of the web site truebluetour.com  (the “Web Site“), (“True Blue Tour”) on one side, and the user who has become a member of the Web Site and has started to receive services by approving this Agreement, on the other side.

Each user, which has become a member of the Web Site by completing the User registration form, agrees and undertakes to comply with the provisions of this Agreement.


Article 2. Subject and Scope of the Agreement

This Agreement sets forth the making available, by True Blue Tour to the users, purchase services online via the Web Site, and enrolling the users who complete registration by signing up on the Web Site, and obligations of True Blue Tour within the scope of membership, and the fulfilment of other services on the Web Site by True Blue Tour (the “Services”) and the parties mutual rights and obligations in connection with the performance of such services.


Article 3. Users’ Rights and Obligations

Each user becomes a member by entering personal data including name, surname, e-mail address, and Google account details upon signing up via Google account, and PIN.

Setting and preserving the PIN is fully on the user’s responsibility, and True Blue Tour shall not be responsible in any manner whatsoever for any problem or loss that may arise from using the PIN.

The User agrees, represents and undertakes that, while using True Blue Tour services;

  • The information in the User registration form is accurate, and only one e-mail address may be defined for each user created on True Blue Tour, and upon request to change the defined e-mail address, he must contact True Blue Tour via the address [email protected], and e-mail may only be changed upon True Blue Tour’s approval, and that he shall assume the responsibility for any loss incurred by him or by third parties as a result of any incompleteness or inaccuracy of such information (e.g. forgetting the PIN), and that True Blue Tour membership may cease in such case;
  • He shall be personally responsible for any and all actions performed using his registered e-mail address and/or phone number;
  • That True Blue Tour is the owner of copyrights on the software and services provided by True Blue Tour, and that he shall not duplicate or disseminate such software in any manner whatsoever;
  • That he bears the responsible for the personal opinions, ideas, expressions asserted while using True Blue Tour services, and files attached to True Blue Tour media, and personal information sent, and True Blue Tour may not be held responsible for such files in any manner whatsoever, including but not limited to any dispute between the merchant and the user, and that True Blue Tour shall be free to publish such opinions and ideas or not, and is entitled to moderate such views and comments through moderators, and to correct any spelling mistake;
  • That he shall not access the services offered by True Blue Tour in any unauthorized manner and/or any manner other than those specified by True Blue Tour, and shall not modify the software in any manner, and shall not use any software which is apparently modified, and that he shall compensate True Blue Tour against all material and immaterial losses that may be incurred as a result of User’s non-compliance with the said rules;
  • That True Blue Tour shall not be responsible for any loss that may arise from unauthorized usage, posting or publication of the User’s posts by third parties,;
  • That he shall not engage in any threatening, immoral, or racist act, or any act in breach of the laws of the Republic of Türkiye or international treaties, or containing political messages, or breaching 3rd party intellectual or industrial property rights
  • That he shall not harass or threaten the other users;
  • That he shall not act in a manner that may adversely affect the usage of True Blue Tour system by other users;
  • That he shall abuse the True Blue Tour system or the system developed in connection therewith or the services in the applications, and shall not engage in any act that damages or violates the rights of other users using such system, and that he shall be solely responsible for all losses caused by his abuse, which is incurred by True Blue Tour or the relevant user, and if such an abuse is detected, True Blue Tour shall be entitled to terminate such user’s account in the relevant service or his True Blue Tour membership if any;
  • That he shall not publish, print, duplicate or disseminate any material or information that blemishes or defames the names of persons or institutions, or which is immoral, improper or illegal;
  • That he shall not advertise, or sell or offer to sell any goods or services, or engage in survey, competition or chain letter activities;
  • That he shall not sent information or programs that may damage the information or software in the computers of other users;
  • That any record or material obtained by using True Blue Tour services shall be fully within the user’s consent, and that the responsibility for any failure, lost data and other losses on his own computer shall rest fully with him, and that he shall not have any claim from True Blue Tour as a result of any loss incurred due to usage of True Blue Tour system;
  • That he shall not use True Blue Tour services for commercial or advertisement purposes without consent from True Blue Tour;
  • That True Blue Tour may monitor the entire system at any time or on a continuous manner;
  • If he acts in breach of the rules, True Blue Tour shall be entitled to intervene, and remove the user from the service, and terminate his membership,
  • That True Blue Tour may use its own system for commercial purposes;
  • That he shall not send any information, the transmission of which is prohibited by Laws, and shall not share any unauthorized data such as chain mail, software virus (etc.);
  • That he shall not record, reveal or abuse the personal information of others.


Article 4. True Blue Tour’s Rights and Obligations

True Blue Tour may temporarily suspend or fully cease the operation of the system at any time. In case of user transactions that cause security concern, True Blue Tour may temporarily suspend or fully cease the availability of the relevant user to make payment via Online Payment Method. True Blue Tour shall not be under responsibility towards the users or third parties due to temporary suspension or full cessation of the System or the availability of Online Payment Method.

True Blue Tour exclusively prevent, for an indefinite term, the members which have fully completed the user registration form or users logging on True Blue Tour system, from having a new PIN or use their PIN.
True Blue Tour shall endeavour, but does not undertake, to ensure that the services are provided timely, securely and error-free, and that the results from usage of the service are accurate and reliable, and that the service quality meets the expectations.

True Blue Tour shall be authorized to backup and delete any or all of the files or messages of users created while using the system, at periods it deems appropriate. True Blue Tour may not be held responsible for such backup or deletion.

True Blue Tour shall have the ownership of the information, document, software, design, graphic etc. works created by it and/or purchased from outside, and the copyrights arising from ownership.

Sales on True Blue Tour system are limited to existence and availability of the services at the time of booking. The users may not be provided with services which are not present and/or available by True Blue Tour or the enterprise providing the service. Display of the services on True Blue Tour system may not be construed as availability of the same for booking confirmation.

In case of error in Prices and product features, True Blue Tour may, by informing the True Blue Tour users, provide services to correct such error, or cancel the booking. True Blue Tour shall endeavour to ensure that the content of products offered for sale on True Blue Tour system is explained honestly and correctly, however, True Blue Tour shall not be responsible for any problem or loss that may arise from incomplete and/or inaccurate explanation by merchants on the content of orders.

True Blue Tour may, from time to time, convert the services that do not require user membership, into services that require membership, or make available additional services, or fully or partially modify some services, or convert them into paid services. In such case, the user reserves the right to terminate the Agreement, and unsubscribe. From time to time, and due to technical requirements or for compliance with the legislation, True Blue Tour may change the application of this Agreement, or amend the existing provisions or add new provisions, not to be to the detriment of the users.


Article 5. Payment

Users may pay the booking or purchases created on True Blue Tour system, via instant online payment using credit card or debit card on True Blue Tour system (“Online Payment Method”). In case of Online Payment Method, if the card is used illegally by a person other than the cardholder, provisions of the Debit Cards and Credit Cards Law number 5464 dated 23.02.2006 and the Debit Cards and Credit Cards Regulation published on the Official Gazette dated 10.03.2007 number 26458 shall be applicable. In orders given using Online Payment Method, Users shall have fulfilled their payment obligation towards True Blue Tour.

True Blue Tour shall be entitled to act without consent and approval of the Users in case of decisions on specifying, changing, adapting the payment methods, or adding them to and/or removing them from the system, or periodic usage etc., and the User hereby represents and undertakes that he agrees to True Blue Tour’s initiative. Users may give orders by selecting any one of the then currently available payment methods.


Article 6. Booking Conditions and Cancellation

In bookings, Service Provider’s own booking terms shall be applicable. In case of booking, Users shall be deemed to have agreed to the service provider’s booking terms.

User shall be responsible for the accuracy of any and all information shared during purchase or booking request. No loss may be attributed to True Blue Tour for any incomplete or incorrect entry of such information.

Booking requests are not conclusive; and such requests shall be assessed according to availability of the Service Provider and be responded within maximum 24 hours.

In case of booking cancellation requests, Service Provider’s cancellation terms shall be applicable. Cancellation request may be created and shall be assessed within the framework of such terms. In this context, such provisions and terms may vary by the enterprise.

Information on the terms of utilizing the experiences and services shall be provided by the relevant enterprise before creation of the booking request, and no booking cancellation or refund shall be available, on the assertion that the User or the person to utilize the service do not meet such conditions.

If the User or the relevant person to utilize the service (other than the User) cannot or do not utilize the service for any reason, no refund shall be made by True Blue Tour, without regard to fault, except for de facto impossibility or force majeure. However, in case of de facto impossibility or force majeure, if the User notifies True Blue Tour within 3 days after becoming aware, and True Blue Tour agrees to the same, then the service may be utilized on another date, or the payment may counted towards another service, provided that it is utilized on the web site within 3 months after cessation of the force majeure/de facto impossibility.

In case of refund of booking price or cancellation on bank records for any reason, True Blue Tour and the enterprise providing the service shall be relieved from the obligation to provide the service, and the booking shall be cancelled.


Article 7. Gift Card Usage

Gift card may only be purchased on the web site; and may only be used on the web site with the code in the e-mail to be sent by True Blue Tour. Ownership of the Gift card shall pass to the purchasing User upon delivery of the relevant code via e-mail, or to the gift card user upon delivery of the code by the User.

Gift card user shall be solely responsible for the confidentiality, or the loss, theft, damage or unauthorized usage of the code sent to him.

If the web site determines that the gift card has been acquired fraudulently or otherwise illegally, it shall be entitled to invalidate the gift card, and to close the relevant account. In such case, the price of such gift card shall not be refunded.

Gift card shall be available immediately upon purchase and payment, and shall be valid for 1 year after the payment.

Gift card shall be in an amount to be determined by the purchasing User, being between 100 TL and 1.000 TL including taxes. Gift card may only be purchased via bank wire, debit card or credit card in a single sum, and may not be purchased in instalment or with other payment methods. Gift card may not be paid via another gift card. No cancellation, refund or reimbursement shall be available for Gift card; however, it shall be reactivated if the service is not used and so deemed appropriate by True Blue Tour.

Gift card may be used by the User by designating on the account or by entering in the relevant field on the direct payment page.

Pursuant to the legislation, True Blue Tour shall not issue invoice upon purchase of gift card; and the slip shall be sent to the buyer’s electronic mail address registered on the internet site, after purchase of the gift card.

For purchasing via Gift card, related cardholder must be a member of the internet site. The services purchased via Gift card shall be subject to the provisions of this User Agreement.

Gift card is for single use; and several gift cards may not be used in combination in a single purchase transaction. If the service price is lower than the gift card, no new gift card shall be created and no claim may be asserted for the remaining amount. If the service price is higher than the gift card, remaining amount shall be paid via any payment method acceptable on the web site.

Gift card may not be sold or transferred to others, nor may be converted into money, and no money may be topped up to such cards.

Rights and obligations related to personal data processed in connection with usage of Gift card shall be governed by the Personal Data Protection Law number 6698 and “Personal Data Protection Information Text and Privacy Policy” located at the address https://Truebluetour.com/en/privacy-policy/protection-of-personal-data.

True Blue Tour shall not be responsible for any loss of business, loss of usage, lost profits, lost contracts, lost income, data loss or data usage or any other loss or damage arising in connection with topping up money on  the gift cards or the usage of the cards.

True Blue Tour may unilaterally amend the terms of usage of the gift card at any time, by publishing on the web site.

True Blue Tour shall be entitled to transfer its rights, obligations or receivables arising from these conditions, at any time, without prior notice.

No third party which is not a party to these conditions shall be entitled to exercise/enforce any right under these conditions.


Article 8. Refund of Fees

Limited to the bookings paid via Online Payment Method, refund can be made to the user shall only if;

  • the booking cancellation conditions set forth in article 6 of this Agreement are met,
  • the enterprise providing the Service is not available on the booked and/or selected date,
  • the enterprise providing the Service is compelled to not provide the Service.

If the User purchases using gift card and as a gift, no refund shall be made by True Blue Tour. Upon using Gift Card, provisions of article 8 of this Agreement shall be applicable.

True Blue Tour also reserves the right to not make a refund, in cases including but not limited to, where the booking is cancelled less than 72 hours earlier, or not being present at the booked time on the booked date.


Article 9. Personal Data

The User agrees and represents that, while becoming a member of True Blue Tour, he- has read and acknowledges the Information Text, which has been displayed while approving the User Agreement and which is available any time on the Web Site.


Article 10. Intellectual Property

True Blue Tour is the owner or all data created using the system, and all intellectual property rights on such data.


Article 11. Miscellaneous Provisions

The User agrees, represents and undertakes that, in case of any dispute that may arise from this Agreement, True Blue Tour’s book records, microfilm, microfiche and/or computer records shall constitute reputable, binding, conclusive and exclusive evidence in the meaning of Code of Civil Procedure art. 193, and that this provision constitutes evidence contract.

If any term or provision of this Agreement is rendered invalid, illegal or unenforceable, this shall not affect the effectiveness and validity of the remainder of the Agreement.

True Blue Tour shall contact the user via the electronic mail address declared during registration, or via general announcements on its Web Site. The User agrees and represents that, his declared electronic mail address is his notification address and that all written notifications sent to such electronic mail address shall be deemed legally and duly served. The User represents and undertakes that he shall be responsible for keeping such contact details up-to-date and to regularly check the Web Site for information.

True Blue Tour may, at any time, amend the content of this Agreement due to technical requirements or for compliance with the applicable legislation. Notification on any amended, reinstated or abrogated provision shall be sent to users’ declared e-mail address on True Blue Tour system, and shall be effective on the users as of the date of notification. If a User does not agree to any such amendment, reinstatement or abrogated provision, the User shall be entitled to unilaterally terminate the agreement, without compensation or refund.

In any dispute that may arise from the performance of this Agreement, the data and user records stored on True Blue Tour system shall constitute binding and conclusive evidence. This Agreement shall be governed by the laws of the Republic of Turkey. Any dispute that may arise from the performance of this Agreement shall be resolved by Istanbul Central Courts and Enforcement Offices.

Parties may terminate this Agreement at any time. Claims of the parties from each other at the time of termination of the Agreement shall not be affected therefrom.

This Agreement shall enter into force between the parties as of the time of completion of the user registration form by the user, for an indefinite term.