Yasal Sözleşmeler

CAR RENTAL AGREEMENT TERMS AND CONDITIONS

 

ADNAN ÖZEN İNŞ. TAAH. ENER. TUR. SAN. TİC. A.Ş., the company that leases the car defined in this agreement shall be referred to hereinafter as the “Lessor” and the person/entity whose signature is on the first page and who rents the said car shall be referred to hereinafter as the “Renter”.

GENERAL TERMS

1.      The Lessor has leased the car, subject to this agreement, to the Renter between the dates set forth herein with the following terms and conditions. The Renter accepts that he has received the car without any wear and tear, in working order and together with its tires, equipment and documents and that he must return the car to the pick-up location in the same condition he received it, at the time and hour specified in the agreement, unless agreed otherwise. The Lessor shall offer to the Renter the same car it has showed as an example or another car with similar fuel, transmission and segment.

2.      The Renter cannot unilaterally extend the term of the agreement on the expiry date of the agreement. In the event that the Renter wishes to extend the term of the agreement, he must notify the Lessor 24 hours in advance. In such case the Lessor may give its written approval to the extension of the term or the Renter shall accept the new car offered by the Lessor. If the Lessor does not approve the extension request of the Renter or if the agreement terminates for whatsoever reason, the Renter must return the car on the day the agreement terminates to the address notified to him. Any term extension shall be governed by the conditions and terms of this agreement regardless that a new contract is signed. The Renter accepts that failure to return the car at the end of the agreement shall constitute a crime under the criminal law and that he shall not detain the car against the rental agreement. The Renter accepts, acknowledges and declares that he cannot benefit from the insurance, guarantees or legal rights after the termination of the agreement and/or in the case of unlawful driving of the car.

3.      The Renter accepts, declares and undertakes that the following uses of the car are prohibited:

a)      To carry passengers or property for hire,

b)     To tow or push other vehicles,

c)      To transport, carry or to possess any substances in violation of customs law or any other applicable law or for other illegal conducts,

d)     To drive under the influence of alcohol (Example for legal limit: between 0-30 promil) and/or a controlled substance

e)      Motor sports (any kind of race, test of speed, drift, strength or rally, etc.)

f)       To be operated on unpaved or inappropriate roads,

g)      Recklessly or while overloaded that may damage the car,

h)     To carry more passengers than the permitted capacity set forth in the licence,

i)        To be operated on roads and situations, which are not appropriate to the car’s technical conditions and tolerance (bog, stream bed, etc.).

j)       Outside the country borders,

k)     Over the legal speed limits.

4.      The Renter shall not let third parties use the car without the approval of the Lessor. If the Renter wishes to let third parties use the car and the Lessor accepts this, the Renter shall insert the information related to the identity, address and driving licence of the said third party in the agreement and ensure that the said third party complies with all the terms and conditions of the agreement. 

5.      The Renter accepts, declares and undertakes that (i) the residence and e-mail addresses set forth in this agreement and the ADDRESS DECLARATION (which is an annex of this agreement) are true, (ii) he shall notify the Lessor of any changes on these addresses with A NOTICE TO BE SENT BY THE NOTARY PUBLIC, (iii) otherwise any notification, either administrative or legal, made to the addresses set forth in this agreement shall be valid and he shall not dispute their validity.

6.      Invoices for the rental charge shall be sent to the e-mail address of the Renter specified in this agreement via electronic e-mail and will not be sent physically. The invoice sent electronically shall be deemed services at the end of the 5. day following the day it hits the e-mail address of the Renter.

7.      DATA PROCESSING PERMISSION: The Renter hereby accepts that (i) his contact information and all kinds of personal and impersonal data declared in the agreement and its annex “ADDRESS DECLARATION” can be recorded, kept in archives, be used, updated, shared, transferred and processed in other ways, in accordance with applicable laws, for the purposes of fulfilling the legal liabilities of the Lessor or for description, advertising, promotion, sale, marketing of any kinds of product and service, customer transactions, information and applications, and (ii)  commercial electronic messages and other messages can be sent via SMS, instant notifications, automatic calls, telephone calls and e-mail for purposes of description, advertising, promotion, sale and marketing of all kinds of product and services in accordance with the applicable law.   

8.      The drivers shall present their driving licences and valid credit cards at the beginning of the rental.

9.      Payments shall be made at the beginning of the rental with a valid credit card.

10.  At the beginning of the rental, an amount to be determined based on the group of the car will be temporarily reserved against the Renter’s credit card, as a security. The Renter hereby accepts that he shall not object to collection of additional rental day charges, fuel charge, damages, traffic fines and similar amounts related to the rental. The Renter accepts that for transactions related to damages and traffic fines, a service fee in the amount TL 20 (twenty) + VAT shall apply per transaction.  

11.  The Renter shall pay the following upon the Lessor’s request.

a)      Daily rental charge and/or the km charge to be calculated based on the number of days the car is used and/or the distance made during the rental period (the distance made is determined with the distance indicator inserted in the car by the manufacturer. If the distance indicator is not working, the km charge shall be calculated as per the distance of the journey indicated on the map.)

b)     If the car is returned to a location other than the location where the rental commenced, a one-way service fee determined by the Lessor.

c)      V.A.T. and other applicable taxes,

d)     During the rental period, except the situations when the Lessor is at fault, parking citations, court expenses and other fines and penalties assessed against the car, the Renter, other driver or the Lessor due to violation of traffic rules or law and other expenses attached to towing of the car and the daily rent charges applicable during the period the car cannot be operated.

e)      Expenses incurred by the Lessor, damages and moral damages to be paid to third parties and the costs related with the repair of damages to the car that occur from collusion or overthrow of the car shall be paid by the Renter.

f)       If the car is delivered with a full tank of fuel and the Renter return the car with less amount of fuel, the Renter shall pay an additional service fee of 30% in addition to the fuel charge plus VAT. Traffic fines and penalties, which cannot be identified at the end of the rental, will be collected from the credit card of the Renter based on his approval given at the beginning of the rental and the Renter will be informed. A service fee in the amount of TL20 (twenty) + VAT will apply for each transaction.

12.  In case of failure to submit the official documents of the car (traffic document, registration certificate, insurance, plates) at the time of return, the Renter shall be responsible to pay the rental charge for the period until the submission of these documents and if these documents are lost, the Renter shall pay the necessary expenses incurred by the Lessor for renewal of the same.

13.  If authorized bodies forfeit the car, all expenses to be incurred to take back the car and the rent charges applied during that period shall belong to the Renter whether or not he is at fault. If the car cannot be taken back, the Renter shall pay in cash and in full the market price of the car to the Lessor.

14.  A usage limit based on DAY/KM or MONTH/KM shall apply during the period specified in the agreement. Unused kilometres in a month shall not be transferred to the following month. If the usage limit is exceeded the Renter accepts and undertakes to pay additional 45kr per 1 KM for exceeded usage.

Details regarding transmission, fuel, age of the driver and age of the driving licence, provision amount and km limits are as follows.

GROUP

CAR MODEL EXEMPLE

TRANSMISSION

FUEL

PROVISION

DAILY
KM LIMIT

MONTHLY
KM LIMIT

EXCEED OF KM (kr)

Age of the Driver

Age of the License

CDMDFIAT LİNEA 1.3 MJT - RENAULT SYMBOL 1.5DCİMANUALDIESEL600 TL50040000,45 Krş212
CDARNISSAN  MICRA  1.2 A/TAUTOMATICGASOLINE600 TL50040000,45 Krş212
EDMDVOLKSWAGEN POLO 1.4 TDİ - RENAULT CLİO HB 1.5MANUALDIESEL600 TL50040000,45 Krş212
SDMDFIAT EGEA 1.3 MJT PEUGEOT 301 1.6 HDIMANUALDIESEL600 TL50040000,45 Krş212
IDMDFORD FOCUS 1.6 TDCI - RENAULT FLUENCE 1.5 DCİMANUALDIESEL800 TL50040000,45 Krş212
SDADRENAULT FLUENCE 1.5 DCİ A/T - HYUNDAİ ACCENT BLUE 1.6 A/TAUTOMATICDIESEL800 TL50040000,45 Krş232
ICMDVOLKSWAGEN GOLF  1.6 TDİMANUALDIESEL1000 TL50040000,45 Krş232
IDADFORD FOCUS 1.6 A/T  - RENAULT MEGANE 1.5 A/TAUTOMATICDIESEL1000 TL50040000,45 Krş232
SWMDDACIA LODGY 1.5 DCİ ( 7 KOLTUKLU)MANUALDIESEL800 TL50040000,45 Krş232
SFMDDACIA DUSTER 1.5 DCİ ( 4*4 )MANUALDIESEL800 TL50040000,45 Krş232
FDADSKODA OCTAVIA 1.6 TDI A/T - OPEL ASTRA 1.6 A/TAUTOMATICDIESEL1000 TL50040000,45 Krş232
ICADMERCEDES A180 AMG 1.5 CDI A/TAUTOMATICDIESEL1500 TL40030000,45 Krş255
IWADJEEP RENEGADEAUTOMATICDIESEL1000 TL40030000,45 Krş253
FWADNISSAN QASHQAI 1.6 DCI A/T - FORD KUGA 1.5 TDCI ATAUTOMATICDIESEL1000 TL50040000,45 Krş253
LDADVOLKSWAGEN PASSAT 1. TDI A/TAUTOMATICDIESEL1500 TL40030000,45 Krş255
PDADMERCEDES C 200 D  CDI A/TAUTOMATICDIESEL2000 TL30030000,45 Krş255

 

15.  Traffic fines and any damages occurred during the towing of the car shall be born by the Renter. If the car is towed for reasons other than the Renter’s behaviours and acts, such period shall not be included in the rental period.

16.  The Renter hereby releases the Lessor from any liability and costs after the return of the car due to loss or damage of a property left in the car.

17.  The Lessor shall not be liable for any accident, loss or injury, which occur due to a mechanical error or manufacturing fault of the car or spare parts without the Lessor’s fault, as the Lessor is not the manufacturer of the car.

18.  The Renter shall not transfer, assign or pledge his rights under this agreement or any equipment in the car to third parties and shall not use the same in an harmful way to the Lessor.

19.  If the Renter has an indemnification right against third parties resulting from the car, he must give a power of attorney or assign his rights regarding legal proceedings to the Lessor pro rata to his right. Litigation charges shall be borne by the parties pro rata to their rights.

20.  If the Renter does not comply with any of the terms of this agreement, the Lessor shall have the right to pursue legal and administrative actions and to repossess the car without any injunction or court decision.

21.  The Renter irrevocably accepts and acknowledges that the car(s) is equipped with a car tracking device and other systems to geographically locate the car.

22.  The Lessor can terminate the agreement at any time or abstain from extending the term of the agreement at its sole discretion without being obliged to indicate a reason or compensate the Renter.

23.  MAINTENANCE. The Lessor shall have the periodical maintenance, oil change, etc. of the car foreseen by the manufacturer made preferably by its car services. When this is not possible, the Renter shall have the said maintenance process made by contracted or authorized car services to be notified by the Lessor in writing. In such case the invoice shall be issued in the name of the Lessor. Snow tiers are not included in the Maintenance-Repair costs.

24.  REPAIR. Costs related to repair, spare parts and tire replacement as a result of normal usage and wear shall belong to the Lessor. Costs related to repair, spare parts, spare tire and if the car cannot move due to negligent or faulty usage (damages resulting from usage without oil and/or water, with inappropriate or illicit fuel, tire cracking, etc.) transportation costs to bring the car to the location where the rental commenced and the rental costs calculated based on the valid price list for the period during which the car cannot be operated, shall belong to the Renter. For small repairs in case of emergency, the nearest office of the Lessor shall be notified for its approval. Repair costs shall be paid to the Renter against the invoice issued in the name of the Lessor. In case of a repair due to an accident, article 23 shall apply. 

25.  In case of damage and/or breakdown of the car, the Renter shall be responsible to return it to the Lessor or at a different location identified by the Lessor safely and without increasing the loss. Cost related to the towing car or other services shall belong to the Renter even when they are provided with the support of the Lessor.

ACCIDENT: In the event of an accident, regardless of whose fault it is, the rental charges will continue to be paid. The Renter accepts, declares and undertakes to pay the loss of value due to the damage to the car and the loss of commercial earnings during the repair period over the daily amount specified in the agreement.

26.  PAYMENT: The Renter accepts to pay the rental charge on the valid price list, the exceeded km charge, charges applied to the optional conditions he accepted by signing, other charges that may apply at the end of the rental and applicable taxes. The agreement shall be liquidated pursuant to the definite calculation result to be determined at the end of the agreement based on the price list applicable at the time of signing of the agreement. One day rental shall be calculated as 24 hours, weekly rental as 7 days and monthly rental as 30 days. Any delay of more than 3 hours shall be considered as one full day.

27.  INSURANCE:

A) Rented cars are insured with Mandatory Mat Liability Insurance as per the Traffic law within the legal policy limits towards third parties who suffer losses. The Lessor’s liability in case of accidents, which harm third parties, shall be limited with the compensation amount paid by the insurance company on the condition to be covered by the scope of the Mandatory Financial Liability Insurance made for each car. Any liability exceeding the compensation amount of the insurance and indemnification claims of the injured persons or their relatives for moral damages shall belong to the Renter and the Lessor reserves its right of recourse to the Renter.

 

B) The Renter shall be liable for losses occurred as a result of an accident or for expenses incurred to transport the car to the the rental location if the car is stolen and charges for being inoperable during the repair period without any right of objection. The Renter accepts, declares and undertakes to pay the rental charge during the repair period or if the car is stolen, until it is found, and the loss of value due to damage to the car.

 

C) In the presence of the following conditions, the Renter shall be liable only for the damage to the car. Loss of value of the car and the daily commercial earnings loss shall be reserved.

a)      The Renter or the authorized deriver must take the necessary safety measures, unless he has an impediment situation identified by a medical report, shall not intervene with the damaged car in any way, must determine names and addresses of relevant parties and witnesses and immediately report the accident to the Lessor and the nearest police officers.

b)     Since the assessment of liability and the crime is to be made by the authorized bodies, the Renter must explain how the accidents occurred and not accept the crime and the liability.

c)      The Renter must submit to the Lessor (i) the accident report and the alcohol report issued by the nearest body (traffic police officer or Gendarmerie) and (ii) the names and addresses of the witnesses within 48 hours at the latest.

 

D) The Renter must take the necessary measures to prevent potential accidents and theft when he is not operating the car. The Renter must keep the doors locked and park the car in a safe area and do not leave the license in the car as safety measures. If the car is stolen the Renter must return the keys and licence to the Lessor provided that he can prove that he report the loss of the car to the police.  If the said measures are not taken and the car is stolen, the Renter accepts to pay the price of the car and other losses.

 

28.  Any amendment or addition to this agreement shall be invalid unless agreed on by the parties in writing.

29.  Any dispute between the Lessor and the Renter shall be settled in Izmir Courts and Execution Offices according to the laws of the Republic of Turkey.

30.  This agreement, which contains 30 articles and two annexes (Annex 1- Exceptions to the Insurance, Annex 2- Declaration of Address), which form inseparable and integral parts of the agreement has been read, negotiated and signed by the parties with full consent.

 

NAME-LAST NAME:                                                                          DATE:

 

SIGNATURE:

 

 

ANNEX -1

EXCLUSIONS TO THE INSURANCE

1)      Situations when there is no accident and alcohol report.

2)      Accidents occurred when a person who has not been registered was driving the car.

3)      Accidents occurred when the driver was under the influence of alcohol or drug.

4)      If the driver does not have a valid driving licence.

5)      Accidents due to violation of traffic rules and excessive speed.

6)      When the driver is fully or primarily at fault.

7)       Accidents and damages occurred outside the period specified in the agreement.

8)      Accidents or damages occurred while pushing, towing or carrying another car or mobile or immobile objects.

9)      Accidents or damages occurred during any race, contest, rally, motor sports or caused by driving on unpaved or inappropriate roads,

10)  Accidents and damages occurred while transporting more passengers than legally allowed and in any case while carrying explosive substances or load outside of the car.

11)  Burns occurred due to cigarette or other similar burning substance, without the commencement of a fire.

12)  Burns and stains on the furniture of the car,

13)  Repair of tear of tires caused by faulty usage or damages and loss caused by fuelling with a type of fuel improper for the car or with illicit fuel are excluded from the insurance and the Renter shall be entirely liable for damages occurred in such cases.

14)  The Lessor has a right of recourse against the Renter for uncollectable loss, loss of value of the car and compensation for the period during which the car cannot be operated, if the Lessor cannot benefit partly or fully from the insurance because of all kinds of fault, act or negligent act, which are not attributable to the Lessor.

WEB MEMBERSHIP AGREEMENT

GENERAL TERMS AND CONDITIONS

1-PARTIES

This agreement is entered into by and between Adnan Özen İnşaat Taah. Enerji Turz. Tic. ve San. A. Ş. operating at www.dokay.com.tr, the Member registering to the websites, and concluded at the time when the Member has voluntarily processed his/her registration. By registering as member to the website the Member declares and agrees that he/she has fully read and understood, and agrees to the terms and conditions of the agreement.

2-DEFINITIONS

Dokay: Adnan Özen İnşaat Taah. Enerji Turz. Tic. ve San. A. Ş.

Member: The natural or legal person registering to the website

Website: The website published at www.dokay.com.tr

Vehicle: Any vehicle of any make or model displayed at the Dokay parking space owned by Dokay for the purposes of renting.

3-SUBJECT OF THE AGREEMENT

This agreement defines the mutual rights and obligations of Dokay and the Member based on the procedures and principles regarding the online vehicle rental offers made by Dokay via the website. This agreement is legally binding with regards to the vehicle/s that are offered on the website and will be rented by the Member.

4-RIGHTS AND OBLIGATIONS OF Dokay

4.1. Dokay takes reasonable measures to prevent the loss, misuse, abuse and modification of the personal ID, address, and contact information which are under its control and supervision. However, Dokay does not by any means guarantee the security of such information. The information or data provided by the Member on the website will not be construed as confidential.

4.2. Dokay may, for security reasons, track and record any activity by the Member on the website, and if deems necessary may intervene by suspending, freezing, canceling the membership or other similar actions.

4.3. Dokay may modify the format and content of the website, in part or in whole, or may change the domain name of the website, use different subdomains, redirect to another domain or close down the domain without prior notification to the Member.

4.4. Dokay may periodically send emails and text messages (sms) to the Member containing information about the rental vehicles, the services offered via the website or about the promotions and advertisements. The Member herewith accepts to receive such information.

4.5. Dokay may, at any time and without providing a reason, modify the scope and variety of its services, and as well, freeze, terminate or cancel the services offered on the website in part or in whole without prior notification to the Member.

4.6. Dokay may modify and/or update its services and operations for the purposes of enhancing the efficiency of the works and processes stated in the agreement. Members herewith accept and declare that they agree and shall adhere to such modifications.

4.7. This agreement does not imply any commitments regarding the number of vehicles, the make, the model, the year or any other specifications of the rental vehicles offered by Dokay. The Member may not claim any rights or receivables from Dokay based on such and any other reasons.

5-RIGHTS AND OBLIGATIONS OF MEMBER

5.1.The Membership is completed upon the full execution of the procedure by the person applying for the membership as defined on the website.

By receiving the membership, the Member accepts the terms of this agreement and any statements made/to be made by Dokay regarding the membership and the services.

5.2.The Member confirms and declares that any information he/she has provided regarding his/her ID, driver's license, address and contact details are complete and correct, that he/she will immediately inform Dokay of any changes to such information, and that he/she will be solely liable for any legal controversies and damages arising from incomplete, outdated or inaccurate information. Dokay shall bear no liabilities on this account.

5.3.The Member agrees and confirms to adhere to the Turkish laws and regulations, and public decency, to avoid abusive, intimidating, defamatory and slanderous, harassing or otherwise unmannerly acts, to refrain from political and ideological publicity, to avoid any behavior potentially disturbing to the other Members, to refrain from any defaming acts towards individuals or institutions, to avoid any act that will interfere with or disrupt he services provided on the website. The Member further agrees and confirms that he/she will be liable for any damages and losses that arise from non-compliance with this clause.

5.4.The Member agrees and confirms to avoid any infringement of third parties' rights that fall under the scope of the intellectual property law, to respect the copyrights of third parties, to refrain from unfair competition, and to respect the trade secrets as well as the private lives of any third parties.

5.5.The Member confirms and declares that, when using the website, he/she will define a password which cannot be easily predicted by others, and that he/she will not share with others his/her information such as user name and password. As such information is not restored in the website database, the Member further confirms and declares that he/she will be solely responsible for the safety of such information and will not hold Dokay responsible under any circumstances.

5.6.The Member confirms and declares that he/she will only use the membership account defined to his/her name and not the account information defined for any other members, and that he/she will not allow others to use his/her membership account. The Member further confirms and declares to accept that his/her membership may be canceled and that he/she will indemnify any damages or losses that have arisen or will arise from non-compliance with this clause.

5.7.The Member agrees and confirms that he/she will not send malicious software, programs, codes or any other similar material to the website, and refrain from any acts that may endanger the security of the website and its members.

5.8.The Member may not transfer his/her membership account to any third parties.

5.9.The Member may not restrict, inhibit other persons' use of this site, and may not interfere in the operations of the website or the servers and networks deployed to operate the website.

5.10.Dokay is not responsible for any damages and losses that may directly or indirectly arise from the Member's access and use of the website including but not limited to virus attacks that impact the hardware and/or any damages and losses that may arise from the information obtained via the website.

5.11.The Member accepts that he/she will not intend to or intend to attempt to utilize any tools, software or device to interfere with the operation of the website, to gain unauthorized access to the website and to use the website in an unauthorized manner, to gain unauthorized access to or to exploit other internet users' software and data.

5.12.The website may contain links to external websites that are independently owned by third parties and not controlled by Dokay. Dokay does not guarantee the accuracy of the information provided on these websites. Dokay bears no responsibility for the services/products or the contents provided on the websites accessed via such links. Access to these websites is at the Member's sole discretion and not sanctioned by Dokay.

6-INTELLECTUAL PROPERTY RIGHTS

6.1.The presentation and the entire content of the website is protected by the Turkish Laws and the intellectual property code, and any published information and data, including, first and foremost, any trademarks, logos and service marks, are owned by Dokay or their licensors. The Member may not, without the written consent of Dokay, directly or indirectly, as-is or otherwise, distribute, forward, modify, duplicate or copy, view, reproduce, publish, edit or otherwise process or utilize the website or its content, and may not permit third persons to gain access to or utilize the services of the website. Otherwise the Member shall be liable of indemnifying Dokay for any damages or losses incurred/to be incurred by Dokay and for any amounts claimed from Dokay based on the damages or losses incurred by third parties, including but not limited to those by the licensors.

6.2.Dokay reserves all rights related to the services of the Website, the information contained on the Website, and the studies related to the Website, the trademark of the Website, the commercial presentation of the Website, or all assets related to the Website including any material and intellectual rights, and real and personal rights, commercial information and know-how.

6.3.All rights of any text, graphics and images shown on the website are reserved, and may not be appropriated without permission.

6.4. Unauthorized use of any material rights related to the Website content, design and software (processing, duplicating or reproducing, distributing, representing and offering to public), and any unauthorized disclosure and utilization without limitation, shall mean the violation of intellectual and industrial property rights.

6.5.Members agree and confirm to adhere to the provisions of the Turkish Code of Obligations, the Turkish Penal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code, the Statutory Decree Concerning Brands, and to the provisions of any current and/or future regulations to take effect. Any legal, administrative, penal and pecuniary liabilities born from non-compliance belong to the Member and Dokay reserves its right of recourse.

7-RESPONSIBILITY

The Member acknowledges that the information and services provided/published on the Website may possibly experience defects, communication issues, technical problems, infrastructure and internet failures, power outages and/or other issues that are not limited to those herewith mentioned, and that, in the event of such issues/failures Dokay is authorized to halt or terminate or cancel its car rental activities via the website without giving notice or justification to the Member. The Member may not claim any rights or payments from Dokay based on such reasons.

Dokay does not guarantee the infallibility or the continuity of its services, or that the services it provides are free of viruses and other harmful components. Dokay cannot be held responsible of any direct and/or indirect damages and losses born from the Member's utilization of any product or service. The Member confirms and declares that he/she in person is responsible for any losses or damages that may arise from his/her use of the service or the website.

8-FORCE MAJEURE

In the event of any "Force Majeure" as such circumstances beyond the reasonable control of the related party, are unavoidable, and could not be prevented despite the party's due diligence including but not limited to natural disaster, riot, war, strike, communication issues, technical issues, infrastructure and internet failures, power outage and adverse weather conditions, Dokay holds the right to delay the performance of, or refrain, in part or in whole, from performing any of its contractual liabilities herein defined. Dokay's liabilities shall be suspended for the duration of the Force Majeure.  In such or other similar events, Dokay shall not be deemed to have delayed, non-performed in part or in whole, or defaulted its liabilities. No claims for indemnification can be made against Dokay on account of such events, irrespective of the definition. In the event that the Force Majeure persists for more than 7 (seven) days, Dokay may unilaterally terminate this agreement without giving notice and without any compensation.

9-CHANGES TO THE TERMS OF AGREEMENT

Dokay reserves the right to unilaterally modify the provisions of this agreement without notifying the Member or without justification. The Member agrees to have accepted the said modifications with the release of the Website. The Member hereby and irrevocably accepts this provision.

10-CANCELLATION OF MEMBERSHIP AND TERMINATION OF AGREEMENT

10.1. In the event of the Member's non-compliance, in part or in whole, with any or all of his/her liabilities arising from this agreement, Dokay may unilaterally terminate this agreement and cancel the Member's membership without any notice or justification, and freeze or cancel, in part or in whole, the services that have been, are, or will be provided to the Member via this website. The Member may not claim any rights or losses on this account. The Member may not object in such event.

10.2. If it deems necessary Dokay is authorized to unilaterally terminate this agreement and cancel the Member's membership without any notice or justification, and freeze or cancel, in part or in whole, the services that have been, are or will be provided to the Member via this website. In such event the Member may not claim any rights, receivables, profit losses, damages or any other payments irrespective of the definition, under any pretext whatsoever such as that the termination is unfair, unjustified, unsubstantiated, untimely, or against good will.

11-DURATION OF AGREEMENT

This agreement takes effect with the submission of the approval on the Website and automatically ends without further notice when Dokay cancels the membership of the Member and/or when the services provided on the Website are discontinued.

12-CONFIDENTIALTY

The Member shall keep confidential any commercial, financial, legal or technical information, or any information that may be deemed to be commercially confidential or subject to legal protection that he/she has directly or indirectly obtained about Dokay during the execution of this agreement and shall not disclose such information to any parties without the permission of Dokay.  The stated liability for confidentiality shall not be applicable under the following conditions:

Dokay may collect in a database the Member's ID, driver's license, address, contact, IP and site usage information and use such information without any limitations for the purposes of legal activities, including but not limited to, conducting user profile and market research, creating sales and site usage statistics. Dokay is authorized to share the Member's information with the relevant insurance companies, banks and other third parties as required in relation to the services provided via the website. Dokay also may share such information with third parties for the purposes of adhering to legal obligations or if demanded for any investigations or examinations conducted by judicial or administrative authorities, or of protecting the rights and ensuring the safety of the users.

13-NOTIFICATIONS

The Parties agree and confirm that the addresses stated during the membership operation are their legal correspondence addresses, and that any notifications to be made to the stated addresses shall bear the legal consequences of legal notification unless any changes are notified to the other party in written.

The Member agrees that any notifications related to the changes in the agreement and the services, the cancellation of membership, the termination or discontinuation of the agreement, or any other issues, will be sent to the email address which the Member has provided during the membership registration, and that the notification shall be deemed delivered once a notification has been transmitted by Dokay regardless of whether or not the email notification has been received by the Member, and that such emails shall bear legal consequences. Dokay shall not be responsible of delayed delivery or non-delivery or its consequences. Email and fax may not be used in the Member's correspondence with Dokay.

14-AUTHORIZATION AND EVIDENCE AGREEMENT

14.1.The Turkish Laws shall be applicable in the resolution of any issues arising from the execution of this agreement and the İstanbul Anadolu Courts and Enforcement Offices shall be authorized.

14.2.The Member accepts that, in the event of dispute, any documents, records, books, and any offline and online electronic information, text and record kept by Dokay shall constitute the sole, exclusive, final and binding evidence, and that this clause constitutes an evidence agreement under article 193 of the Civil Procedure Code.

15-MISCELLANEOUS

15.1.In the event of the annulment or non-enforceability of any of the clauses in this agreement for any reason, all other clauses shall remain in effect.

In the event that Dokay does not exercise or delays to exercise any one of its rights or capacities under this agreement, this shall not imply its waiver of that right or capacity, nor shall its exercise of a right or capacity individually or in part hinder it from exercising such right or capacity at a later time.  Waiver of any term, clause or provision of this agreement shall not come to mean or shall not be interpreted as such that the term, clause or provision has been thereafter or permanently waived.

15.3.This agreement shall take effect as of the moment it is approved on the Website and shall replace, if applicable, any agreements that have been previously approved on the Website. In the event of a dispute, the provisions of this agreement shall be applicable irrespective of the agreement related to the timing of the event. The Member, accepts, declares and confirms that he/she holds no rights and receivables arising from an agreement, if any, that has been previously approved on the Website or from any commercial operation via the Website, that he/she irrevocably and in the broadest sense releases Dokay of any issues, that his/her responsibilities to Dokay that have been or will be born from the said agreement and commercial relationship endure.

15.4.The Member confirms and declares that he/she has read and understood all applications and rules contained on the website. The Member acknowledges that he/she knows, understands and agrees to the consequences of the adverse regulations contained in the whole of the agreement.

15.5.The Member may not transfer or assign his/her rights, receivables and liabilities to any third parties without obtaining Dokay's prior written consent.

ADNAN ÖZEN İNŞAAT TAAH. ENERJİ TURZ. TİC. ve SAN. A. Ş.  MÜŞTERİLERİN

KİŞİSEL VERİLERİNİN KORUNMASI VE İŞLENMESİ AYDINLATMA METNİ

  1. VERİ SORUMLUSU

Kişisel verileriniz veri sorumlusu sıfatıyla Adnan Özen İnşaat Taah. Enerji Turz. Tic. ve San. A. Ş. (“Şirket”) tarafından, 6698 sayılı Kişisel Verilerin Korunması Kanunu (“Kanun”) uyarınca aşağıda açıklanan kapsamda işlenebilecektir.

  1. KİŞİSEL VERİLERİNİZİN İŞLENME AMACI

Toplanan kişisel verileriniz, Kanun’da öngörülen temel ilkelere uygun olarak ve Kanun’un 5. ve 6. maddelerinde belirtilen kişisel veri işleme şartları ve amaçları dahilinde, Şirket tarafından aşağıda yer alan amaçlar kapsamında işlenebilecektir:

  • Şirket İç Operasyonlarının Yürütülmesi,

  • Müşteriye Dokunan Süreç ve Operasyonların Yürütülmesi,

  • Pazarlama Operasyonlarının Yürütülmesi,

  • Hukuksal, Teknik ve İdari Sonucu olan Faaliyetlerin Gerçekleştirilmesi.

  • Kurumsal İletişim Operasyonlarının Yürütülmesi

Kişisel verilerinizin Şirketimiz tarafından işlenme amaçları konusunda detaylı bilgiler, https://www.dokay.com.tr/aydinlatma-metni adresinden erişilebilen Adnan Özen İnşaat Taah. Enerji Turz. Tic. ve San. A. Ş. Kişisel Verilerin Korunması ve İşlenmesi Politikası’nda yer almaktadır.

  1. KİŞİSEL VERİLERİNİZİN AKTARILDIĞI TARAFLAR VE AKTARIM AMAÇLARI

Toplanan kişisel verileriniz, Kanun’da öngörülen temel ilkelere uygun olarak ve Kanun’un 8. ve 9. maddelerinde belirtilen kişisel veri işleme şartları dahilinde, Şirketimiz tarafından aşağıda yer alan amaçlar doğrultusunda iş ortaklarımıza, tedarikçilerimize, kanunen yetkili kamu kurumlarına ve yetkili özel kişilere aktarılabilecektir:

  • Şirket İç Operasyonlarının Yürütülmesi,

  • Müşteriye Dokunan Süreç ve Operasyonların Yürütülmesi,

  • Pazarlama Operasyonlarının Yürütülmesi,

  • Hukuksal, Teknik ve İdari Sonucu olan Faaliyetlerin Gerçekleştirilmesi.

  • Kurumsal İletişim Operasyonlarının Yürütülmesi

  1. KİŞİSEL VERİLERİNİZİN TOPLANMA YÖNTEMİ VE HUKUKİ SEBEBİ

Kişisel verileriniz Şirketimiz tarafından yukarıda sıralanan amaçlar kapsamında ve fiziki/elektronik ortamda mail, posta, telefon, SMS, Sosyal Medya, Web siteleri,formlar, Hotjar, Facebook Pixel, Google ürünleri, Pazarlama otomasyonu, E-mail gönderim platformu, mobil uygulama, organizasyon etkinlikleri, şikayet yönetim sistemleri, kamera, ses, Hybris Marketing, araştırma şirketinin datası, referans yöntemi ile toplanacaktır. Toplanan kişisel verileriniz Kanun’un 5. ve 6. maddelerinde belirtilen kişisel veri işleme şartları kapsamında işbu Aydınlatma Metninde belirtilen amaçlarla işlenebilmekte ve aktarılabilmektedir.

  1. KİŞİSEL VERİ SAHİBİ OLARAK KANUN’UN 11. MADDESİNDE SAYILAN HAKLARINIZ

Kişisel veri sahibi olarak Kanun’un 11. maddesi uyarınca aşağıdaki haklara sahip olduğunuzu bildiririz:

  • Kişisel verilerinizin işlenip işlenmediğini öğrenme,

  • Kişisel verileriniz işlenmişse buna ilişkin bilgi talep etme,

  • Kişisel verilerinizin işlenme amacını ve bunların amacına uygun kullanılıp kullanılmadığını öğrenme,

  • Yurt içinde veya yurt dışında kişisel verilerinizin aktarıldığı üçüncü kişileri bilme,

  • Kişisel verilerinizin eksik veya yanlış işlenmiş olması hâlinde bunların düzeltilmesini isteme ve bu kapsamda yapılan işlemin kişisel verilerinizin aktarıldığı üçüncü kişilere bildirilmesini isteme,

  • Kanun’a ve ilgili diğer kanun hükümlerine uygun olarak işlenmiş olmasına rağmen, işlenmesini gerektiren sebeplerin ortadan kalkması hâlinde kişisel verilerin silinmesini veya yok edilmesini isteme ve bu kapsamda yapılan işlemin kişisel verilerinizin aktarıldığı üçüncü kişilere bildirilmesini isteme,

  • İşlenen verilerin münhasıran otomatik sistemler vasıtasıyla analiz edilmesi suretiyle aleyhinize bir sonucun ortaya çıkması durumunda buna itiraz etme,

  • Kişisel verilerinizin kanuna aykırı olarak işlenmesi sebebiyle zarara uğramanız hâlinde zararın giderilmesini talep etme.

Yukarıda sıralanan haklarınıza yönelik başvurularınızı,
www.dokay.com.tr/iletisim adresinden den ulaşabileceğiniz Adnan Özen İnşaat Taah. Enerji Turz. Tic. ve San. A. Ş. İletişim Formu’nu doldurarak Şirketimize iletebilirsiniz.  Talebinizin niteliğine göre en kısa sürede ve en geç otuz gün içinde başvurularınız ücretsiz olarak sonuçlandırılacaktır; ancak işlemin ayrıca bir maliyet gerektirmesi halinde Kişisel Verileri Koruma Kurulu tarafından belirlenecek tarifeye göre tarafınızdan ücret talep edilebilecektir.