DISTANCE ELECTRONIC TICKET SALES AND PASSENGER TRANSPORTATION AGREEMENT
ARTICLE 1 – PARTIES
1.1. This Agreement has been entered into between Dentur Avrasya Deniz Taşımacılığı ve Turizm A.Ş. (hereinafter referred to as the "Seller") on the one hand, and the person who purchases a passenger transportation ticket through the Seller's website (hereinafter referred to as the "Buyer" and the "Passenger") on the other hand, under the terms and conditions set forth below.
1.2. SELLER:
| Title | Dentur Avrasya Deniz Taşımacılığı ve Turizm A.Ş. |
| Address | Tophanelioğlu Cad. Başaran İş Merkezi No:3 Kat:2 Üsküdar/İstanbul |
| Telephone Number | 444 63 36 |
| Fax Number | 0216 325 36 01 |
| Email Address | bilgi@denturavrasya.com |
| Tax Identification Number | 1050367411 |
| MERSİS Number | 0105036741100005 |
Dentur Avrasya Deniz Taşımacılığı ve Turizm A.Ş. Bodrum Branch
| Address | Çarşı Mahallesi Kale Caddesi No:30 Bodrum/Muğla, (Dentur Avrasya Ofisi) |
| Telephone Number | 0534 896 21 21 |
1.3. BUYER:
1.3.1. The Buyer is the person who purchases a passenger transportation ticket through the websites www.denturonline.com , www.denturavrasya.com , or www.denturege.com , whose details are entered on such website, whose name appears on the ticket, and to whom the passenger transportation service will be provided.
1.3.2. Where the holder of the credit card used for payment and the person who will receive the transportation service are different individuals, both the holder of the credit card used to pay the ticket price and the person who will receive the service shall be deemed the Buyer under this Agreement. Pursuant to this Agreement, both persons acknowledge, declare, and undertake that they acquire the status of Buyer and shall perform all rights and obligations arising from this Agreement.
1.3.3. If the person purchasing the ticket and the Passenger are different individuals, both shall be jointly and severally liable for all obligations arising under this Agreement.
1.3.4. The Buyer acknowledges, declares, and undertakes that all information provided by the Buyer is true and accurate, that the Buyer shall comply with all rules set forth in this Agreement during the provision of the service, and that the Buyer shall duly perform all obligations arising under this Agreement.
ARTICLE 2- WEBSITE
2.1. The websites through which the Seller offers passenger transportation tickets for sale under this Agreement are www.denturonline.com, www.denturavrasya.com, and www.denturege.com.
2.2. Any tickets purportedly offered for sale by the Seller through any website other than those specified above shall be deemed invalid.
2.3. The websites www.denturonline.com, www.denturavrasya.com, and www.denturege.com shall hereinafter collectively be referred to as the “Website.”
ARTICLE 3 – SUBJECT MATTER OF THE AGREEMENT
3.1. The subject matter of this Agreement is to set forth the terms and conditions governing the Seller’s sale of passenger transportation tickets to the Buyer through the Website by electronic means, the passenger transportation services provided by the Seller to the Buyer, and the respective rights and obligations of the Parties arising out of this Agreement.
ARTICLE 4 – TERMS AND CONDITIONS RELATING TO THE PASSENGER TICKET
4.1. TICKET CONTENT AND RIGHT OF TRAVEL
4.1.1. The ticket shall contain the information available on the Seller’s Website at the time the order is finalized, including the Seller’s trade name, registered address, telephone number, website details, the essential characteristics of the service subject to this Agreement, the total price of the service including all taxes, the payment method, the port of departure, the port of arrival, the date of travel, and the departure time.
4.1.2. When purchasing the passenger transportation ticket subject to this Agreement, the Buyer shall electronically confirm that he/she has read and understood the information contained on the ticket, the passenger transportation rules, and all information regarding delivery, performance of the service, and the fact that no right of withdrawal is available. Upon finalizing the ticket order on the Website, the Buyer shall be deemed to have received the ticket subject to this Agreement. Upon such delivery, the Buyer shall be deemed to have read this Agreement and the passenger transportation rules, and to have accepted and undertaken to comply with the provisions thereof and to perform all obligations arising therefrom. The accuracy of the information contained on the ticket shall be deemed accepted at the time of purchase. Any subsequent objections regarding such information shall be invalid. The ticket purchased by the Buyer shall also be sent to the Buyer’s electronic mail address.
4.1.3. The ticket fare covers only the transportation service between the port of departure and the port of arrival. Unless an additional fee has been charged by the Seller, the fare does not include any other services. Tickets may only be used for the route specified thereon.
4.1.4. If the person presenting the ticket is unable to prove that he/she is the person named in the passenger section of the ticket, the Seller reserves the right to confiscate the ticket and refuse boarding. A ticket entitles the Passenger to travel only on the voyage specified thereon. Tickets not used by the Passenger at the designated time shall become invalid and shall not entitle the Passenger to travel on any other voyage.
4.2. NON-TRANSFERABILITY OF THE TICKET: Passenger tickets are non-transferable.
4.3. CHECK – IN: The Passenger must be present at the Dentur Avrasya Office no later than one and a half (1.5) hours prior to the scheduled departure time in order to complete check-in procedures, undergo passport and visa controls, and collect the ticket. Check-in closes 30 minutes prior to the scheduled departure time. On weekends and during peak seasons, Passengers are advised to arrive earlier than 30 minutes before departure. Check-in procedures may also be completed at any of the Seller’s offices before the date of travel.
4.4. TICKET INSPECTION: Tickets are inspected at the vessel's boarding gate by means of the barcodes printed thereon. Passengers holding tickets that have been cancelled, re-dated, or converted into open tickets for any reason shall not be permitted to board the vessel.
4.5. PRESENCE ON BOARD: The Passenger must be on board the vessel at least 15 minutes prior to the scheduled departure time and shall be responsible for managing the time spent within the port area and at the duty-free shop accordingly.
4.6. OPEN TICKETS AND RE-DATING: The Buyer acknowledges, declares, and undertakes that, following confirmation of the sale, he/she shall not be entitled to request a refund of the ticket purchased under this Agreement under any circumstances. However, provided that notice is given at least 72 hours prior to the scheduled departure time, the Buyer shall be entitled, on one occasion only, to convert the ticket into an open ticket and to request that it be re-dated. An open ticket may only be confirmed for a scheduled voyage if the Seller approves the availability of the voyage for which re-dating is requested. Re-dating may only be carried out by the Seller’s offices. An open ticket shall remain valid for a maximum period of six (6) months from the date of issue, provided that it is used within the calendar year in which it was purchased.
4.7. NOTIFICATION OF VOYAGE CANCELLATION / CHANGE AND ITS CONSEQUENCES
4.7.1. When purchasing a ticket under this Agreement, Passengers are required to register their mobile telephone numbers in the system. Notifications regarding voyage cancellations and schedule changes shall be sent to Passengers via short message service.
4.7.2. The Seller may cancel or postpone a voyage due to unforeseen circumstances beyond its reasonable control, including but not limited to adverse weather conditions, strikes, lockouts, pandemics, cyberattacks, decisions of port authorities, or international sanctions. In such cases, the full ticket price shall be refunded to the Passenger unconditionally. However, the Seller shall not be liable for any accommodation, food, beverage, or other incidental expenses incurred as a result of such circumstances.
4.7.3. The Seller reserves the right to change the scheduled departure time and/or substitute the vessel in the event of unscheduled flag State inspections or mechanical failure of the vessel.
4.8. RIGHT OF WITHDRAWAL: Pursuant to the provisions set out under the Third Section of the Regulation on Distance Contracts concerning the Exercise of the Right of Withdrawal and the Obligations of the Parties, such provisions do not apply to contracts relating to passenger transportation services. Accordingly, the Buyer shall have no right of withdrawal. The Buyer acknowledges, declares, and undertakes that, following confirmation of the sale, he/she shall not be entitled to request cancellation of the ticket purchased under this Agreement or any refund of the ticket price.
ARTICLE 5 – RULES OF CARRIAGE AND LIABILITY
5.1. PASSENGERS REQUIRING SPECIAL ASSISTANCE: Passengers who are pregnant, have recently undergone surgery, require medical assistance during travel, suffer from chronic illnesses, are visually and/or hearing impaired, have reduced mobility, use wheelchairs, or have similar special conditions must notify the Seller’s Offices of such circumstances no later than one (1) day prior to departure. Pregnant passengers who have completed their twenty-fourth (24th) week of pregnancy (six months) shall not be permitted to travel on the Seller’s vessels, even if they present a medical certificate.
5.2. TRAVEL WITH PETS: Travel with pets is not permitted.
5.3. The Hellenic Republic does not require a visa from holders of Turkish Special (Green) Passports or Service (Grey) Passports.
5.4. Holders of Ordinary (Burgundy) Passports must possess a valid Schengen visa covering the entire duration of their travel.
5.5. Turkish citizens whose passports bear an entry stamp of the Turkish Republic of Northern Cyprus (TRNC) may not travel to Greece using such passports.
5.6. The Passenger’s passport must remain valid for at least three (3) months from the date of completion of the journey.
5.7. No specific seat number shall be assigned on board the vessel.
5.8. It is dangerous and strictly prohibited for Passengers to board or disembark before the boarding ramp has been fully deployed, the vessel’s crew has authorized boarding or disembarkation, and all necessary safety measures have been taken.
5.9. Passengers must remain seated during the vessel’s departure and berthing manoeuvres. During the voyage, Passengers must comply with all announcements and safety instructions made on board. The Seller shall not be held liable for any bodily injury or material damage arising from a Passenger’s failure to comply with these rules.
5.10. The Seller shall be liable only where the Passenger or the Passenger’s baggage suffers damage as a direct result of the Seller’s own fault or negligence. Where the Passenger has contributed to the occurrence or extent of the damage, the Seller’s liability may be reduced or excluded in accordance with the applicable legislation.
5.11. The Seller shall not be liable for any loss of or damage to fragile or perishable items, money, jewellery, precious metals, silverware, negotiable instruments or other valuable commercial documents, passports or other identification documents, or samples contained in the Passenger’s baggage.
5.12. If a Passenger behaves in a manner that endangers the vessel, any person, or any property on board, obstructs the vessel’s crew in the performance of their duties, fails to comply with the lawful instructions of the vessel’s crew, or causes reasonable complaints from other Passengers, the Seller and the vessel’s crew may take any measures they consider necessary to prevent the continuation of such conduct, including restraining the Passenger if required.
5.13. Where a Passenger’s age or mental or physical condition gives rise to a danger or risk to himself/herself, the Seller shall not be liable for any illness, injury, disability, or death of such Passenger arising from or aggravated by such condition.
5.14. Unless it has been determined by the competent judicial authorities that the incident resulted from the Seller’s fault or negligence, the Seller shall not be liable for any bodily injury or death, or for any loss of or damage to vehicles, baggage, or personal belongings. Furthermore, the Seller shall not be liable where such injury, death, loss, or damage arises from terrorism, riots, civil war, natural disasters, adverse sea or weather conditions, or malicious acts committed entirely by third parties.
5.15. No refund of the ticket price shall be made to any Passenger who is denied permission to board by the competent authorities or who is unable to travel due to visa-related issues.
ARTICLE 6 – BAGGAGE RULES
6.1. Passengers are entitled to carry baggage free of charge.
6.2. Wheelchairs are accepted on board the vessels free of charge.
6.3. The Passenger acknowledges that the rights and obligations relating to baggage shall be governed by the provisions concerning the "Contract for the Carriage of Passengers by Sea" set forth in Chapter Five of Part Four of Book Five of the Turkish Commercial Code No. 6102.
6.4. The Passenger is obliged to inspect the baggage upon delivery. Any Passenger claiming that baggage has been lost, partially lost, or damaged shall bear the burden of proving such claim in accordance with the applicable legislation. The Seller shall not be held liable for any loss of or damage to baggage that has not arisen as a result of the Seller's own fault or negligence.
6.5. The Seller shall not be liable for any loss of, delay in the delivery of, or damage to baggage resulting from force majeure, natural disasters, war, terrorism, actions of port authorities, customs procedures, decisions of public authorities, security measures, or any other event beyond the Seller's reasonable control.
ARTICLE 7 – ITEMS NOT ACCEPTED AS BAGGAGE
7.1. The carriage as baggage of dangerous goods, firearms (other than those intended for hunting or sporting purposes), and ammunition is prohibited. Firearms and ammunition intended for hunting or sporting purposes may be accepted as checked baggage only to the extent that they comply with the Seller's applicable rules. Firearms must be unloaded, fitted with the safety mechanism engaged, and properly packed.
7.2. The Seller may refuse to accept as baggage any item which, in the opinion of the carrier, is unsuitable for carriage by reason of its size, shape, weight, or nature.
7.3. The Seller may refuse to carry baggage unless it is packed in suitcases, baggage, or other suitable containers in a manner that ensures safe carriage with the exercise of ordinary care.
7.4. The carriage of prohibited substances, including narcotic drugs, is strictly forbidden. If any such substance is found to be carried, full responsibility shall rest exclusively with the Passenger carrying the substance on his/her person or among his/her personal belongings.
7.5. The Passenger undertakes not to include in his/her baggage any goods the carriage of which is prohibited under applicable national or international legislation, any smuggled goods, or any items constituting a criminal offence. Should any such items be found in the Passenger's baggage, all legal, administrative, and criminal liability arising therefrom shall rest exclusively with the Passenger, and the Seller shall bear no responsibility whatsoever.
7.6. The Seller shall not be liable for any consequences arising from the inspection, detention, seizure, or delay of baggage by customs authorities.
ARTICLE 8 – REFUSAL AND LIMITATION OF CARRIAGE
8.1. For safety reasons or in the exercise of its discretion, the Seller may refuse to carry a Passenger or the Passenger's baggage in the following circumstances, among others:
8.1.1. Where the Passenger's conduct, age, mental condition, or physical condition prevents the journey from being safely undertaken and requires special assistance from the Seller;
8.1.2. Where the Passenger causes disturbance or gives rise to reasonable complaints from other Passengers, or presents any risk or danger to other Passengers or their property;
8.1.3. Where the Passenger's failure to comply with the Seller's instructions makes such refusal necessary;
8.1.4. Where the Passenger refuses to undergo a security screening or security check;
8.1.5. Where the Passenger arrives at the boarding terminal under the influence of alcohol or narcotic substances in a condition likely to adversely affect the safety and comfort of other Passengers or the safe operation of the voyage.
8.2. Passengers whose carriage is refused shall not be entitled to any refund of the ticket price, nor shall the Seller be liable to pay any compensation whatsoever.
8.3. Children under the age of sixteen (16) may travel only if accompanied by an accompanying adult. Under the Seller's rules of carriage, the acceptance for carriage of an unaccompanied child, a pregnant Passenger, a Passenger requiring special assistance, or a Passenger suffering from an illness may be subject to prior agreement and arrangements with the Seller. The Seller shall not be liable for any deterioration in the Passenger's health occurring during such carriage.
ARTICLE 9 – BUYER'S UNDERTAKINGS AND RESPONSIBILITIES
9.1. The Passenger agrees to comply with the rules and order on board the vessel and with all instructions given by the Master and the vessel's crew.
9.2. The Passenger acknowledges that, in the event of failure to comply with the rules set forth in this Agreement or failure to perform his/her obligations in accordance with its provisions, the Seller shall be entitled, without prejudice to any other rights or remedies available to it and without the need for prior notice, to terminate this Agreement with immediate effect.
9.3. The Buyer shall be solely responsible for all losses and damages arising from the Buyer's failure to comply with this Agreement.
9.4. The Passenger undertakes that, throughout the voyage, he/she shall refrain from any conduct that may endanger the safety of the vessel, disturb the peace and comfort of other Passengers, or jeopardize public order; shall immediately comply with the instructions of the vessel's crew; and shall observe all applicable national and international maritime safety regulations.
9.5. The Passenger acknowledges that, if he/she engages in fighting, threats, insulting behaviour, disorderly conduct, or conduct disrupting order on board while under the influence of alcohol or narcotic substances, he/she may be removed from the vessel and shall not be entitled to any refund of the ticket price or to claim any compensation on that account.
9.6. The Passenger declares that he/she is medically fit to travel. The Seller shall not incur any liability for illnesses or medical conditions arising from the Passenger's pre-existing state of health during the voyage, unless such liability results from the Seller's own fault or negligence.
ARTICLE 10 – WEBSITE TERMS OF USE
10.1. All rights, title, and authority of disposition relating to the Website subject to this Agreement belong exclusively to the Seller. Any person accessing or using the Website shall be deemed to have accepted these Terms of Use and the provisions of this Agreement. The Seller reserves the right to amend any information published on the Website, including the terms and conditions of this Agreement. Any such amendments shall become effective upon publication on the Website.
10.2. The reservation and ticket conditions are published on the Website.
10.3. The Website may contain links to other websites. The Seller does not guarantee the accuracy of the information contained on such linked websites and makes no representations or warranties in respect thereof. Any loss or damage arising from the use of such websites shall be the sole responsibility of the user.
10.4. All transactions carried out through the Website shall be stored as log records together with their date and time stamps, and such records shall constitute conclusive evidence between the Parties.
ARTICLE 11 – CONFIDENTIALITY
11.1. PRIVACY POLICY: Personal information provided to the Seller shall be used in accordance with the terms set out in the Privacy Procedure.
11.2. PRIVACY PROCEDURE: The Seller confirms that it shall fully comply with all applicable privacy rules. Accordingly, all information collected shall be stored under strict security and confidentiality measures adopted by the Seller, in accordance with the personal information collection principles set out below. The Website may contain links to websites that demonstrate an appropriate level of sensitivity towards privacy and comply with the Seller's standards. However, the Seller accepts no responsibility whatsoever for the content or privacy practices of such websites.
11.3. PERSONAL INFORMATION COLLECTION PROCEDURE
11.3.1. The Buyer acknowledges and agrees that the information obtained through the Website may be used for verifying the security and accuracy of the transactions carried out by the Buyer and may also be used by the Seller, its affiliated companies, business partners, and agents. The Buyer is required to provide certain personal information, including but not limited to name, surname, identity document number, address, credit/debit card details, card expiry date, security code, passport number, nationality, and such other information as may vary depending on the product or service requested. Failure to provide the information necessary for the Seller to perform the requested transaction may prevent the Seller from providing the requested service. Information relating to the Buyer may be used solely for the following purposes:
a) Processing reservations and ticket sales and administering the Buyer's account;
b) Marketing services and related products;
c) Preparing transaction-related statistics;
d) Creating contact lists in order to maintain communication with the Buyer;
e) Compiling commercial statistics and analyses relating to the use of the Website;
f) Identity verification and record creation.
Information transmitted to the Seller through electronic forms is protected during transmission by SSL (Secure Socket Layer) technology. Upon receipt by the Seller, such information shall continue to be protected in accordance with the Seller's strict security and confidentiality standards.
11.3.2. In order to benefit from SSL encrypted communication services, the Buyer's internet browser must support SSL and the SSL function must be enabled. Data entered by the Buyer shall be retained by the Seller for the duration required for the performance of the relevant transactions and compliance with applicable legal obligations. The Website is subject to continuous development, and the Seller's data processing practices may evolve accordingly. Any such developments shall be announced on the Website under the heading "Privacy Terms."
11.4. CONFIDENTIALITY OF YOUR RESERVATION RECORDS: Upon making a reservation, the Buyer shall be provided with a reservation code (Voucher ID). This reservation code must be kept strictly confidential at all times. Failure to keep the reservation code confidential may allow third parties to access the Buyer's reservation details. Where a group reservation is made for multiple travellers, the same reservation code will appear on the tickets of the other members of the group. If it is not desired that such persons have access to each other's reservation information, separate reservations should be considered. The Buyer shall bear full responsibility for any consequences arising from failure to keep the reservation code confidential, and the Seller shall have no liability whatsoever for any access by third parties to the reservation code.
11.5. The Buyer shall not disclose his/her credit card information to any third party. The Buyer acknowledges that he/she alone shall be responsible for the security of such information and that the Seller shall bear no liability whatsoever for any use of the Buyer's credit card information by any third party. The Buyer further acknowledges and agrees that the Seller shall not be directly or indirectly liable for any negligence or fault on the Buyer's part regarding the protection, storage, confidentiality, or use of credit card information, and undertakes to indemnify the Seller for any loss or damage suffered by the Seller as a result of such negligence or fault.
11.6. Pursuant to the Law No. 6698 on the Protection of Personal Data ("KVKK"), the Buyer expressly consents to receiving campaign, promotional, marketing, and informational communications from the Seller via SMS, e-mail, telephone, and other communication channels. The Buyer shall be entitled to withdraw such consent at any time in writing or by electronic means. Upon withdrawal of consent, the Seller shall cease sending such communications.
ARTICLE 12 – GOVERNING LAW / COMPETENT AUTHORITY AND JURISDICTION
12.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye. In the event of any dispute arising out of or in connection with this Agreement, and subject to the jurisdictional limits prescribed by applicable law, the Istanbul Consumer Arbitration Committee, the Istanbul Anatolian Courts, and the Istanbul Anatolian Enforcement Offices shall have jurisdiction.
ARTICLE 13 – AMENDMENTS
13.1. The Seller may amend, in whole or in part, these Rules of Carriage whenever it deems necessary, without obtaining the Buyer's prior consent.
ARTICLE 14 – LANGUAGE OF THE AGREEMENT
14.1. This Agreement may be executed in Turkish and in one or more foreign languages. In the event of any discrepancy, inconsistency, ambiguity, or difference in interpretation between the Turkish version and any translated version of this Agreement, the Turkish version shall prevail and shall be binding upon the Parties.
ARTICLE 15 – FINAL PROVISIONS
The Buyer's purchase of a ticket by electronic means shall constitute confirmation that the Buyer has read, understood, and accepted all the provisions of this Agreement.
Should any provision of this Agreement, consisting of fifteen (15) Articles, be held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of the Agreement.