1. Parties and Definitions
The following terms in this Agreement mean the following meanings;
a. VIX: VIX Turizm ve Ticaret Anonim Şirketi,
b. Member: People who registered to the system via www.VIX.events website / connected mobile applications,
c. User: Persons who log into www.VIX.events as a member or without being a member,
d. VIX.events: All mobile applications and social media channels connected to www.VIX.events, especially www.VIX.events, as managed by VIX.events,
e. Facility: The companies that offer their accommodation services for reservation through www.VIX.events.
2. Approval of the Agreement
Each User accepts and undertakes that he/she will comply with Terms of Membership and Use (“Agreement”), and these provisions will be deemed to have been approved and entered into force once the Users log in to VIX.events.
3. Services
VIX.events; It allows facilities to announce their products and services on VIX.events and allows users to make reservations from the facilities. In this context, VIX.events is a Service Provider in accordance with the Turkish Law on Regulation of Obligations and Electronic Commerce, and the reservation process and accommodation service contract is between the User and VIX Turizm ve Ticaret Anonim Şirketi.
4. VIX.events Membership
a. Each User must enter their e-mail address and password to sign up for VIX.events. The member will create his/her password using various characters and in sufficient length and try not to use this password on third-party applications.
b. It is the members’ responsibility to determine, change, and protect the password, and VIX.events is in no way liable from the issues or damages that may arise from these matters.
c. All the members’ comments, thoughts, expressions, and personal information sent through VIX.events regarding the facilities belong to the members. The Members agree that VIX.events is not a party to the disputes with the Facility due to these comments, that VIX.events is free to publish/not publish these views and thoughts, that, also, it is entitled to edit these views and comments through a moderator.
d. The Members accept and declare not to use a user name, photograph, and nickname that is threatening, immoral, racist, contrary to legislation/international covenants, that includes political messages, that violates the intellectual and industrial property rights of others, or that defames the names of people/institutions, and not to send messages or comments as such.
e. Members accept and declare not to sell or offer any goods or services on VIX.events platforms without obtaining permission from VIX.events and not to use VIX.events services for advertising or other commercial purposes.
5. Rights and Obligations of Users
Users accept, declare, and undertake the following while using VIX.events services;
a. That all information they transmitted to VIX.events are accurate, that they are responsible for all damages that may occur because this information is wrong or missing and that their VIX.events membership (if any) may be terminated in such cases;
b. That they are responsible for all kinds of transactions made on VIX.events
c. That the Facility is directly responsible for any damages that may arise from the unauthorized use, sharing, or publication of the information the Users shared with VIX.events;
d. That they will no abuse the services over VIX.events, they will not exploit the system by unlawfully transmitting personal data of others to www.VIX.events, and that they will not act in a way that violates or damages the rights of other users using this system;
e. That the members make the comments and scores given regarding the service quality and service level of the facilities, and VIX.events does not have any responsibility or direction regarding them;
f. That they have read and understood the VIX Turizm ve Ticaret Anonim Şirketi Personal Data Protection and Processing Policy, Privacy Policy, and Cookie Policy and that they will comply with these policies;
g. That they will not process, copy, analyze and download the commercial and personal data and all other information on the website for purposes other than this Agreement;
h. That they are obligated to pay the accommodation fee notified to them under the conditions announced on VIX.events, that, otherwise, the room reserved may not be delivered to them;
i. That they will not go outside the use purpose stated herein, that, otherwise, VIX.events may cease providing service to the User / may terminate the membership of the User;
j. That all reservations made over VIX.events are for personal use, that these services are not purchased for being resold to third persons;
k. That the cancellation conditions may differ for each Facility on VIX.events and therefore that they have carefully read and accepted the cancellation conditions announced by the Facility during the reservation;
l. That, from time to time, lower prices may be offered for a particular accommodation, product, or service as a campaign, that these prices given by the VIX.events may be subject to certain restrictions and conditions (such as no cancellation and refunds), and that the obligation to check the booking conditions of the relevant service before making a reservation belongs to the User;
m. Except for the type of accommodation purchased by the User, the price of the extra food, beverage, personal expenses, and all services purchased outside the program will be paid by the User to the Facility.
6. Rights and Obligations of VIX.events
a. VIX.events; Is a “Service Provider” within the scope of the Law on the Regulation of Electronic Commerce and the Turkish Code of Obligations, and is responsible for performing the services in the reserved facilities and collecting the payments.
b. Users who make a reservation through VIX.events (other than the fee to be paid) will not be charged any fee for using the website or under any other name.
c. From the moment the User makes the reservation, VIX.events transmits details of the reservation to the Facility and acts as an service provider between the User and the Facility by sending a confirmation e-mail to the User on behalf of the Facility.
d. VIX.events publishes only the information given by the facilities regarding the facilities and the facilities’ opportunities. The relevant Facility is responsible for the users for the facilities’ opportunities and the services’ quality. For this reason, even though VIX.events shows the expected care and effort regarding the authenticity of the information uploaded to VIX.events by the Facilities, the Facility will be held responsible for incomplete/incorrect information regarding the services provided at the facilities, not VIX.events.
e. The obligation to change and update the price and product specification information of the services offered for sale through VIX.events belongs to the VIX.events.
f. In case of necessity regarding the reservation process, VIX.events will reach the User through any communication tool. If they consent, the VIX.events will notify users of new services or projects, promotions, and campaigns via e-mail, social media, or SMS channels.
g. VIX.events will share the essential communication information with the Facility.
h. VIX.events declares that it will perform its activities per the requirements of VIX Turizm ve Ticaret Anonim Şirketi Personal Data Protection and Processing Policy, Privacy Policy, and Cookie Policy.
i. VIX.events is not responsible for any problems between the User and the Facility or any damage.
j. The VIX.events controls the up-to-dateness of the quotas in the facilities. For this reason, the exhibition of the Facility and rooms on www.VIX.events does not mean that VIX.events undertakes that these facilities/rooms are available for reservation, and the entire responsibility regarding the up-to-dateness of the information regarding the Facility belongs to the VIX.events.
k. The determination, modification of and updating the prices, room features, sales, cancellation and reservation conditions, general features of the Facility, and other matters regarding the accommodation facilities offered for sale on VIX.events are at the sole discretion of the VIX.events. If it is determined that there is an error in the information regarding the points mentioned above, VIX.events will correct it and cancel the customer’s reservation entirely according to the situation’s requirements.
l. If the users violate this Agreement’s provisions, VIX.events reserves the right to make the necessary interventions, exclude users from the service, and terminate users’ membership (if any).
m. VIX.events is authorized to back up and delete some or all of the files, messages, and information that members will keep in the environment of VIX.events during their use of the services, per the law, and VIX Turizm ve Ticaret Anonim Şirketi Personal Data Protection and Processing Policy and periodically. VIX.events will not be held responsible for the backup and deletion processes made per the law.
n. VIX.events will request membership, open additional services for those that do not require membership, may change some services wholly/partially, or charge fees from them.
o. The burden of checking whether the Facility provides accommodation service does belong to VIX.events, and it is the responsibility of the User to make the necessary inquiries and researches in this regard. In the event of any complaint regarding this issue, VIX.events will immediately examine the claim in question and take the necessary measures, including removing the Facilities from the VIX.events system and filing a criminal complaint about the Facility.
7. Payment
a. The collection of the payment to be made for the reservation belongs VIX.events. In case of an erroneous or excessive collection, users will be able to request a chargeback of the payment by contacting the credit card institution on time.
b. According to the VIX.events options, users will make the payments for their reservation on the day of accommodation by making a transfer / EFT to the VIX.events’s bank account or entering their credit card information into the system VIX.events before staying. When it is necessary to enter the credit card information, VIX.events does check its accuracy and/or whether the limit is sufficient. If these conditions are not complied with, the VIX.events will implement the cancellation conditions announced on www.VIX.events.
c. The credit card information entered into the VIX.events system is stored on a server with all security certificates, and the Facility can’t access the credit card information only through panels where all kinds of log records are kept.
d. If the credit card information (such as incorrect information, insufficient balance) does not provide the necessary conditions for the reservation, the VIX.events will notify the User, and the User must provide an alternative payment method to the VIX.events within 24 hours following this notification. If the User fails or cannot do so, the VIX.events will have the right to cancel the reservation.
e. The VIX.events will ensure the security of credit card information available to it for accessing by complying with the requirements and criteria explained in the Payment Card Industry (PCI) Data Security Standard.
f. The VIX.events is responsible to the User for any claims arising from the credit card information’s failure to be secured. In this context, the VIX.events will also be responsible for the negligence or intent of its personnel. The User will hold VIX.events responsible or liable for any payment collection transaction made by the VIX.events (lawful or unlawful), and will request a refund from VIX.events.
g. In case the card information is entered by the User into the www.VIX.events system, all liabilities regarding the receipt/invoice to be issued in return for a service fee will belong to the VIX.
8. Other Issues Regarding Reservation
a. Distant Sales Contract
The User accepts and declares that he/she is a party to the distant sales contract when he/she makes the reservation and that the provisions in this Agreement are part of the distant sales contract and the preliminary information form.
b. Changes in Reservation
Users will be able to make any changes they wish in the reservation within the time specified by the VIX.events on www.VIX.events. In this case, a separate charge will be made over the new price, and if there are any fees collected from the User, they will be deducted from the new reservation fees. The VIX.events has the right not to accept the notifications of changes made in time and violation of the change conditions announced on www.VIX.events and will request and collect all or part of the reservation fee from the User.
c. User’s Reservation Cancellation
Users have the right to cancel the reservation within the terms and conditions specified by the VIX.events on www.VIX.events. In this case, users will not be charged any fees, and the VIX.events will refund the collected fees. The VIX.events has the right not to accept the notifications of cancellation made in time and violate the cancellation conditions announced on www.VIX.events and will be able to request and collect all or part of the reservation fee from the User.
d. Cancellation of Reservation by the Facility
If the User does not comply with the conditions required by the reservation made on www.VIX.events (such as not going to the Facility at the time of the reservation), the VIX.events will implement the cancellation terms announced on www.VIX.events. According to the current legislation, the VIX.events will collect the taxes payable in the event of a no-show or cancellation fee
The VIX.events shall also;
• In case the reservation becomes wholly or partially impossible;
• In case the reservation request does not reach the accommodation facility;
• In case the facility/room selected by the User is not suitable for accommodation;
not charge the users and refund the fee it receives.
e. VIX.events’s Status in Disputes
VIX.events accepts no responsibility for any disputes between the User and the Facility regarding these articles.
9. Intellectual and Industrial Property
a. Users accept and declare that all intellectual and industrial rights on the services provided by VIX.events and related software, brands, graphics, contents, and designs belong to VIX.events, and they will not violate their rights of VIX.events on these commodities (primarily reproduction, disclosure activities) in any way. In violation of this obligation, users cover all material and non-material damages that VIX.events may incur.
b. VIX.events has all the intellectual rights of the data collected within www. VIX.events. In this context, VIX.events may issue reports with anonymized information (without disclosing the users’ membership information), use such information or reports itself, or share these reports and/or statistics with business partners / third parties or free of charge.
10. Force Majeure
In case one of the parties is prevented from performing any obligation hereunder or fails to perform any such obligation due to unforeseeable events such as acts of God such as flood, earthquake, fire, causes such as riots, war, and government transactions shall constitute force majeure. Failure of the Party affected by force majeure to perform will be excused, and the relevant performance period will be extended for the duration of the delay or failure to perform due to this event.
11. Final Provisions
a. In all disputes that may arise related hereto, primarily the provisions herein, the Republic of Turkey’s Laws shall apply in case of no provision. Antalya Courts and Antalya Enforcement Offices are exclusively authorized in any dispute that may arise during the implementation of the provisions of the Agreement.
b. The User accepts, declares, and undertakes that the commercial books and documents and computer records of VIX.events constitute valid, binding, final and exclusive evidence within the CPL scope and that this article is an evidential contract.
c. The Parties accept and undertake that they have read the provisions herein, that they are aware of the scope and results of all kinds of articles, that they cannot claim that the Agreement contains the general terms of operation and fulfill the provisions of the Agreement exactly.
d. If any provision of this Agreement is unenforceable or becomes invalid under the law, the validity of the other provisions of the Agreement will not be affected.
e. VIX.events may make changes in implementing this Agreement, change the existing articles, or add new articles to comply with the technical requirements and legislation that may arise in the future. The changes will become effective as of the day they are published.
