Distant Sales Agreement
1.1. GoTransfer, the company registered at Side Mh. 513 Sk No1B 5 Manavgat Antalya Turkey (after here referred to as the “Company”) hereby offers to use the Service available at https://gotransfer.site (hereinafter referred to as the “Site”) and further described in section 2 (after here referred to as the “Service”) to an Internet user (after here referred to as the “User”) under the terms and conditions described here. This Agreement (after here referred to as the “Agreement”) shall come into force and become legally binding for the Company and the User (after here referred to as the “Parties”) at the moment when the User first time starts to use the Service.
1.2. When starting to use the Service, the User shall be understood to have accepted the terms of this Agreement without any reservations, exceptions or limitations not contained here. In case of the User’s disagreement with any provision of this Agreement, the User shall not use the Service.
1.3. The Company reserves the right to change or modify this Agreement at any time and with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. By continuing to use the Service, the User confirms his acceptance of the revised Agreement. The Company provides the Users to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when he uses the Service. If the User does not agree to the revised Agreement, the User may not use the Service.
1.4. This edition of the Agreement enters into force on June 10, 2020 and is effective until the following edition is adopted.
2. DESCRIPTION OF SERVICE
2.1. The Service allow the User to search for private and other transportation service providers using the list of the partner organizations (after here referred to as the “Carriers”) which have entered into agreements with the Company.
2.2. The User acknowledges and agrees that:
(A) The User’s ability to obtain transportation services through the use of the Service does not establish the Company as a provider of the transportation services or as a transportation carrier. When the User finds a Carrier and accepts its terms including the specific transfer (after here referred to as the “Transfer”) and the price for it (after here referred to as the “Transfer Price”), he will enter into a paid transportation contract with the Carrier directly (after here referred to as the “Transportation Contract”) but not with the Company.
(B) The Users may receive transportation services using the Service only if they are over 18 years old. Persons who have not attained this age may not use the Service independently, but may participate in Transfers accompanied by adults (not younger than 18 years).
(C) Due to the Service provided under this Agreement, the liability of the Company is limited to an obligation to accurately provide the information between the User and the Carrier as well as to transfer prepayment or full payment for a specific Transfer received from the User to the Carrier. The Company will not be responsible for the information passed as well as for the due and in performance of the Carrier’s obligations within any agreements between the Carrier and the User. The Company faces no responsibility for any losses including the loss of gains and physical loss and damages in any way determined by the use of the Service.
(D) The Service, the software used for the provision of the Service and other content of the Site through which the Service are protected by the Company’s or third parties’ intellectual property rights. The User is granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the respective intellectual property strictly in connection with his use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, everytime strictly for the User’s personal, non-commercial use. Any rights not expressly granted here are reserved by the Company.
(E) There may occur certain limitations and restrictions on the Service technically, which can lead to the inaccessibility of the Service or delays in the transmission of communication at a particular time due to some reasons beyond the Company’s control.
(F) The User enters into this Agreement at its risk and that the Service and any information provided to the User are provided “as is” and “as available”.
(G) The relations between the User and the Company are within the Agreement contained here. Nothing will be presumed to indicate that the Company and the User have entered into or have agreed to enter into any other contract or have any rights and obligations before each other within any other agreement.
3. PAYMENT OF TRANSFER PRICE
3.1. After finding a Carrier and entering into the Transportation Contract with him through the Service as demonstrated here, the User will make a full or partial prepayment of the Transfer Price via one of the payment options offered by the Company, to the Company, which the Company shall further transmit to the Carrier subject to the terms and conditions of a separate agreement between the Company and the Carrier.
3.2. The Company does not collect, process and / or store User’s payment data.
3.3. The User shall transfer to the Company the Transfer Price in total or on part (not less than 15 percent) as an advance payment. The remaining part of the Transfer Price, if any, will be paid by the User to the Carrier immediately after the finish of the Transfer.
3.4. The User agrees that the Transfer Price with any charges may be debited from the User’s bank/card account in other currency than one previously selected if the payment in a specific currency and/or the mandatory currency conversion are shown by the bank and/or payment system effecting the payment.
In case the Transfer is cancelled at the User's wish in accordance with Section 4 of this Agreement, the amounts of processing charges specified here will not be refunded to the User.
3.5. Unless this Agreement provides otherwise:
(A) all payments made by a User under this Agreement shall be made gross, free of right of counterclaim or set off and without deduction or withholding of any kind other than any deductions or withholding required by law; if a User makes a deduction or withholding required by law from any payment, the sum due will be increased to the extent necessary to ensure that, after the making of any such deduction or withholding, the Company receives a sum equal to the sum it would have received had no deduction or withholding been made;
(B) there are no cost limits for making payments for Transfers;
(C) all payments made by the Company (whether as a refund to the User or on any other event)will be accepted to be inclusive of all taxes that may be payable by the User in connection with the payment, and the payment of such taxes are the User’s strict responsibility. Under no circumstances the Company will have an obligation to deduct or withhold any tax when making any payment to the User.
4. CANCELLATION OF TRANSFER AND REFUND POLICY
4.1. The User may cancel a Transfer booked and fully or partly paid for by sending an e-mail to the Company’s support address firstname.lastname@example.org
A change by the User of the Transfer conditions (such as the pick-up time, the Transfer route, the number of passengers, vehicle class, etc.) equates to the cancellation of the Transfer initiated by the User, and the Carrier has the right to refuse to perform the Transfer in accordance with the changed conditions. Refund of the Transfer, the essential terms of which have been changed by the User, is carried out in accordance with clause 4.2.
4.2. The Company has to return to the User the funds transferred to the Company as full or partlyl pre-payment in the following cases:
(A) the User cancels the Transfer or changes its terms before the expiration of the cancellation deadline set during the agreement of the Transfer conditions (this period ends 3 days (72 hours) before the agreed pick-up time); or
(B) the Transfer is cancelled by the Carrier or the Company.
4.4. No payment return (full or pre-paid) is allowed in case the User or another passenger on whose behalf the User placed an order does not show up at an agreed place of the Transfer at the pick-up time nor within 90 minutes at the airports, sea or river passenger port terminals, at the railway stations and 15 minutes at all other places from the pick-up time agreed, full or partial payment will not be returned.
4.5. In case this is provided for in the terms of the bank and/or the payment system through which the payment of the Transfer Price was made, the funds to be transferred to the User in accordance with clause 4.2 of the Agreement can be charged from the Company’s account in the currency in which they were debited from the User’s card or/and bank account in the currency of the account through the conversion procedure.