ELLA CAR B2B ONLINE AGENCY SALES CONTRACT
1
1.1 Parties;
Business this contract ( ELLA CAR B2B ONLINE AGENCY SALES CONTRACT ) is on one side, , Guzeloaba mah. Caglayangil cd. No: 39 Floor: 1/102 ELLACAR TURIZM TIC registered at Muratpaşa/Antalya/TURKEY.ltd.Şti. (briefly referred to as ‘ELLA CAR’ in the contract) It is registered with Antalya Corporate Tax Office No. 332 085 5258 and Antalya Chamber of Commerce and Industry registration No. 102080 and Turkish Travel Agencies Association (TURSAB A-8636) document no. With
……………………………………………………………………………………………..……………… ....................................................................................................................... ........................................................................................................................................................ ..............................................................................................................................
............................................................................................................................operating at the address
………………………............ …………………………………..Registered with the Tax Office.............................................................. Tax Number and ...............................................................................................Document number...................………………………………………………………………………….............................................................It is valid between the company whose trade name is written (briefly referred to as “Agency”) and has been Deciphered and accepted by the Agency via electronic means.
2. Subject of the Contract;
2.1 This Agreement provides for the allocation and use of the B2B Online Sales Module belonging to ELLA CAR of the Agency for the use of the Agency,
Determination of the rights and obligations arising together with the conditions for the realization of the sale of Hotel Transfers and Tour services or services such as Car Rental with a Driver.
2.2 The agent declares that he has read, understood, accepted and declared all the articles of the Contract.
3. Definitions;
The contract and its Octets, as an integral part of the B2B ONLINE AGENCY SALES MODULE www.ellacartransfer.com it is available on the official website and in any case it is given to the Agency for review at the time of booking or sent by e-mail or another contact form.
It is a travel platform that provides services to the Agency through the B2B Online Sales Module, which it is fully authorized to sell online travel products.
Agency: Ella Car is a travel service agent with a national and international Agency Business certificate that fulfills all its legal responsibilities for booking and selling ELLA CAR's products and services through the Online Sales Module.
.Final Consumer: Refers to the guest who will benefit from the ELLA CAR travel product subject to the contract through the Agency.
Administrator User (Admin) : The information entered by the agent during the initial registration is the administrator user (Admin) information. Admin is the user who has all the permissions granted to the Agent. All kinds of responsibilities related to the determination of the Admin and the Administrative powers belong to the Agency.
User Account: Agency Administrator refers to the account or accounts that enable the user to make sales through the B2B Online Sales Module that he will create through the User Admin.
Main Product Provider : Cancellation, refund, modification, etc. of the relevant travel product that has a direct contract with ELLA CAR or any partner. it refers to the basic rules of service product providers.
4. Travel Service Sales Rules;
a. The agency is obliged to enter the Final Consumer's information such as first and last name, e-mail address, telephone, arrival flight code, return flight code, return transfer pick-up time, hotel name and region carefully and accurately when making reservations and sales transactions via the B2B Online Sales Module.
b- The Agency is responsible for the penalties applied to ELLA CAR due to erroneous transactions detected by the main Product providers. Paid payouts will be collected by deducting from the Agent's commission for the following month in case ELLA CAR has to make any payment for this reason.
c. Restrictions and rules related to the relevant Travel Products can be displayed at the sales stage.
d. The agency, the “Booking and Ticketing rules” contained in the announcements and bulletins of the Main product provider regarding the booking and sales rules of the products and services specified in this agreement, etc.
it is not necessary to submit or remind the Agent by ELLA CAR that it will not engage in transactions contrary to its rules, and the Agent is obliged to follow these rules.
5.Financial Issues and Paying of Commission Travel Service Sales Fees;
a. In accordance with this Agreement, the agency is obliged to sell the Travel Products belonging to ELLA CAR. The initial commission rate (10%) has been determined by the Main Product Provider.
b. The Agency shall pay the total prices of Travel Products and services in accordance with the procedures set out in the B2B Online Sales Module and determined by ELLA CAR, in accordance with the currency in which the Travel Product service is purchased and in accordance with Article 5 of this Agreement.c.accepts, declares and undertakes to pay directly in the ways specified in the article.
c. ELLA CAR undertakes to pay the specified commission fee, including VAT, “As a result of mutual agreements‘ in exchange for reservations to be made to the Agency via the B2B Sales Module.
d. Pay paid commission payments are paid to the Bank account numbered iban specified by the Agent within 3 (three) business days from the submission of the original of each of the commission invoices to be issued separately as two periods for the 1st-15th and 16th-31st days of the month booked by the Agent to ELLA CAR.
6. The Agency's Obligations;
a. The agency accepts, undertakes and declares the accuracy of the information provided to ELLA CAR by this Agreement, that it has a valid travel business document to make ELLA CAR travel products and reservations. Otherwise, ELLA is obliged to compensate all kinds of damages and losses that CAR will suffer.
b. The Agency is solely responsible for the security and use of the user Account created for it in the B2B Online Sales Module and acknowledges, declares and undertakes that it knows that all transactions made through the Online system with these user accounts will be considered as made by the Agency and that all legal and financial responsibility arising from the use belongs to it.
c. The Agency accepts in advance that it is personally responsible for the damages of third parties that may arise as a result of the use of the User Account by unauthorized persons other than itself and that ELLA CAR does not have any responsibility for such damages.
d. Agency, travel product services (such as Hotel Transfers , Tour services or Car Rental with a Driver)
in sales, ELLA CAR is obliged to inform the Final Consumer of a detected or predicted failure related to the service to be provided, following notification to him.
e. The Agency agrees, declares and undertakes to resolve grievances and complaints caused by incomplete or late informing to the Final Customer or not at all, as well as to cover all material damages that may occur.
f. The agency is obliged to protect the confidentiality of the travel service information provided by this Contract. Otherwise, he will be responsible for the legal consequences himself and will release ELLA CAR from any liability.
g. The agency has to verify that the card used belongs to the relevant person for sales made using the Final Consumer credit card. Stolen by the Final Consumer, counterfeit, etc. the agent is responsible for all problems that may arise in case of using the card.
h.The Agency accepts, declares and undertakes that ELLA CAR may deduct this refund from the Agency's current account or entitlement, and that it will immediately cover all damages incurred by ELLA CAR due to the refund.
i. If the agency violates one or more of the acts such as registering, copying, unauthorized use or intermediation of customer credit cards, it accepts and undertakes that it will cover any punitive amounts, all fraudulent transaction amounts made with stolen card information, and banks' card closure and renewal costs within the framework of the rules of national and international card organizations.
i. Business In accordance with this agreement, the Law of the Republic of Turkey No. 4077 on the Procedures and Principles of Application of the Law on Consumer Protection of the Communiqué T.T.K, B.K. and in accordance with other relevant legislation, taking into account the specific nature of online sales, the cancellation and refund conditions specified by the relevant supplier when receiving services in accordance with the customer's and/or Agent's refund and cancellation request are valid. Apart from these issues, the agency
ELLA acknowledges, declares and undertakes that she knows that CAR will not accept any cancellation requests.
j. ELLA CAR will make a regular monthly agreement with the Agency on the amounts of travel product reservations and sales fees realized by the Agency. The agent will issue a commission invoice to ELLA CAR in exchange for the rights to the commissions earned from these sales. The parties accept and declare that the records in the Online system will be taken as the basis for determining the sales and commission amounts and that they are impartial.
k. With this Agreement, the Agency can deliver the Travel Products that it will book and sell directly to the Final Consumers, as well as deliver them to the Final Consumers through its sub-agencies. In this case, the Agency is solely responsible for all actions and transactions of the sub-Agencies.
7. ELLA CAR's Obligations and Rights;
a. With this Agreement, ELLA CAR accepts, declares and undertakes that it is fully authorized to make sales and reservations of Travel Products and that it has a valid travel business document.
b. ELLA CAR is obliged to clearly inform all prices for the Agent in the B2B Sales Module. Even if there are commission rates determined by the parties, ELLA CAR has the right to change the Commission rates by notifying the Agency in writing.
c. ELLA CAR accepts any changes that may be related to Travel Services (price, booking excess, time and destination change, etc.) Is obliged to notify the Agency.
d. The Call Center services that ELLA CAR will provide with this Contract will be performed with specialized personnel with knowledge of foreign languages and as soon as possible.
8. Miscellaneous Provisions;
a. The Parties agree and declare that they will resolve any complaints and requests that may be directed by the Final Consumer regarding the booking and sales of the travel product subject to this Agreement with mutual cooperation, and that they will be responsible to the Final Consumers in proportion to their negligence or defects. Any damages that may occur to the other Party as a result of the fault or negligence of one Party, the Party with the fault or negligence will immediately compensate.
b. The Parties agree and declare that they will try to resolve any disputes that may arise between them within the scope of this Agreement in an amicable manner within the framework of Decrees of good faith.
c. In disputes arising from this Agreement and in all kinds of Final Consumer complaints and requests, the records of the B2B Sales Module that brings the Parties Together are accepted as written evidence. Dec. The parties are solely responsible for all information and documents that they enter or inform each other through B2B Sales Module User Accounts.
d. Each of the Parties acknowledges and declares the accuracy of the information and documents transmitted to the other Party by this Agreement, that it performs its activities in accordance with legal regulations, that it has a valid travel business document within the framework of applicable legislation, and that it is obliged to issue invoices.
Otherwise, it is solely responsible for any damages that may occur.
e. Nothing in this Agreement may be interpreted as making one of the Parties the legal representative, partner or joint business partner of the other, or implicitly authorizing the other party to represent, assume obligations to the other Party's name and account, or to bind the other party, or to enter into debt.
f. As long as the Contract is in force, natural disasters, war, mobilization, fire, explosion, strike, lockout and terrorism that occur outside the control of the parties in such a way and degree as to partially or completely, temporarily or permanently stop the working opportunities of both Parties or one of them are considered force majeure for both Parties. The parties shall notify each other in writing of the force majeure situation and the start date no later than 1 (one) business day from the date of occurrence of one or more of the mentioned force majeure situations.
As long as the state of force majeure continues; the provisions of the Contract remain suspended between the Parties, and if the state of force majeure lasts for more than 10 (ten) days, the Parties reserve the right to terminate the Contract mutually or unilaterally and immediately to express Decrees. The Parties agree, declare and undertake that they will not have the right to terminate this Agreement due to force majeure and/or claim damages they have suffered due to non-implementation or delay of the Agreement. After the termination of the force majeure, if the Contract has not been terminated by any Party, the implementation of the Contract will continue.
g. The fact that any of the provisions of the Contract becomes invalid, unlawful or unenforceable in any way will not affect the validity, legality and applicability of the remaining other provisions.
h. Failure of one of the Parties to exercise a right, authority or power arising from a violation of this Agreement by the other Party in any way, postponement does not mean that it renounces any right in this Agreement; this right
it does not prevent him from using it later or from using other rights, powers and solutions in subsequent violations of this Agreement.
9. Notifications;
The addresses of the Parties contained in this Agreement are the valid addresses for notification. Unless the address changes are notified to the other party in writing no later than 3 (three) business days, all kinds of notifications will be made to the written addresses of the parties in this Agreement and in this case will lead to the legal consequences of a valid notification.
10. Competent Court and Applicable Law;
From this Agreement, including the validity, invalidity, violation or termination of the Contract
ANTALYA Courts and Enforcement Offices are authorized for all kinds of disputes or claims arising from or arising out of the Contract, and the law of the Republic of Turkey will be applied.
11. Protection of Personal Data;
a. Each of the Parties agrees and undertakes that it will not use the data belonging to the Final Consumer customer, passenger, guest, staff and other third parties (“Personal Data”) obtained and accessed in accordance with this Agreement, other than for the purposes specified in this Agreement, will not transfer it to another person or institution for other purposes, will protect and process the Personal Data transferred to it in this context in accordance with the provisions of the relevant international legislation.
b. Each of the Parties agrees, declares and undertakes that it will carefully select the personnel, persons or institutions with which it will do business and process Personal Data transferred by the other Party within the scope of business and service, and that when any damage occurs to the Party transferring Personal Data due to this data while the Personal Data is in its possession, it will immediately compensate for all damages, including judicial, administrative or corporate image loss, caused by the first warning of the Party transferring Personal Data.
12.Privacy;
a. All kinds of personal data, financial statements, reports, financial and legal information, trademark, patent, industrial design information, including all kinds of personal data disclosed by the Parties to the other Party in written, audio, oral, video or electronic media and otherwise, or which they are the subject of trade secrets or other legal protection, including information related to programs, documents, products and services, and all kinds of magnetic strips, documents, manuals, specifications, flow charts, program lists, data files, as well as market research, business opportunities, projects, business models, customer and market information, as well as all kinds of information and documents belonging to customers, will be considered “Confidential Information”, regardless of whether their confidentiality is explicitly or implicitly communicated or not. In addition, information that any of the Parties has learned in any way, although it has not been disclosed by the Parties to each other, will also be considered within the concept of Confidential Information.
13. Duration of the Contract;
This Agreement shall remain in force for a period of 1 (one) year from the date of entry into force. This Agreement will be extended for one-year periods unless any of the Parties submits a written notice of termination until 30 days before the expiration of the contract period and as long as there are no changes to the articles of the contract.
14. Provisions;
This Agreement Consisting of a total of 14 (fourteen) articles, this Agreement is read and approved by the Agency in electronic environment........./….…../ 202…... it was put into effect on its date.
ELLACAR TOURISM TIC.ltd.Şti. AGENCY
