DISTANCE CONTRACT

DISTANCE CONTRACT

1.    PARTIES TO THE CONTRACT

1.1.   This Distance Contract ("Contract") is concluded between,

(i)  İstanbul Özel Yolcu ve Genel Havacılık Hizmetleri Anonim Şirketi ("Service Provider"), located at Tayakadın Mah. Terminal Cad. Havalimanı Terminal Binası No: 1 İç Kapı No: 760494 Arnavutköy/İstanbul and registered with the Istanbul Trade Registry under registration number 1107093 ("Service Provider") and

(i)  [●] identification numbered/tax identification numbered [●] residing at [●] ("Service Recipient")

upon the Service Recipient's approval via remote communication tools under the terms set forth below. Hereinafter, the Service Provider and Service Recipient shall be referred to inpidually as a "Party" and collectively as the "Parties".

1.2.   The Parties shall communicate with each other, and notifications related to the Contract shall be made, through the following communication channels:

SERVICE RECIPIENT:

E-mail Address: reservations@jetexistanbul.com

Phone: +90 212 891 67 00

Website: www.jetexistanbul.com

SERVICE RECIPIENT:

E-mail Address:

Phone:

2.    DEFINITIONS

In this Contract, the expressions used below shall have the following meanings when written with an initial capital letter.

"Service(s)"	:	The services to be provided to the Service Recipient under this Contract.
"Service Fee"	:	The fee determined for the Services provided under this Contract.
"C-VIP Terminal"	:	The C-VIP Terminal located at Istanbul Airport.
"Guest(s)"	:	Persons declared to the Service Provider during the reservation of the Services who will benefit from the Services together with the Service Recipient.
"Preliminary Information Form"	:	The information text communicated to the Service Recipient in writing or verbally by the Service Provider before the Service Recipient incurs an obligation to pay for the Services.
"Terms of Use"	:	The terms of use published on the website www.jetexistanbul.com.
"Privacy Policy"	:	The privacy policy published on the website www.jetexistanbul.com.
"Personal Data Protection Information Notice"	:	The Personal Data Protection Information Notice published on the website www.jetexistanbul.com.
"Reservation / Cancellation / Refund / Payment Policy"	:	The Reservation / Cancellation / Refund / Payment Policy published on the website www.jetexistanbul.com.

3.    SUBJECT OF THE CONTRACT

The purpose of this Contract is to determine the Parties' rights and obligations regarding the Services purchased by the Service Recipient via the remote communication tools operated by the Service Provider and the Service Fee to be paid in return for these Services.

4.    SCOPE OF SERVICES AND SERVICE FEE

4.1.   The names, quantities, unit prices, and total amounts of the Service packages to be offered to the Service Recipient under this Contract are as follows:

Service Name	Quantity	Unit Price Excluding Taxes	Unit Price Including Taxes	Service Fee
			Total

4.2.   If the Service Fee is paid in installments, interest or other charges under different names may arise. The interest rate and other such related costs are determined by the Service Recipient's bank, and it is the Service Recipient's responsibility to inquire about these costs.

4.3.   The scope of the Services is provided in Annex-1 to this Contract. However, the Service Provider may unilaterally amend the scope, method of provision, location, and other aspects of the Services due to needs arising at the C-VIP Terminal, instructions of the authorities responsible for managing Istanbul Airport, or other requirements. The most up-to-date scope of the Services will be available in the Terms of Use, and it is the Service Recipient's responsibility to review the scope of the Services.

4.4.   The Services shall be provided based on the reservation time, Guest count, and other information declared by the Service Recipient during reservation. The Service Recipient is responsible for providing correct information during reservation and must be present at the C-VIP Terminal at the indicated reservation time.

4.5.   The documents required for the provision of the Services and acceptance of the Service Recipient and other guests to the C-VIP Terminal are listed in the Terms of Use. Persons benefiting from the Services are required to submit these documents. If the documents cannot be presented, the Service Provider has the right to refuse entry to the C-VIP Terminal and refuse provision of Services.

4.6.   The Service Fee shall be collected through the payment method provided by the Service Recipient during reservation. The Service Recipient is responsible for payment of the Service Fee and for using a suitable payment method. If the Service Fee cannot be collected, the Service Provider may refuse to provide the Services.

4.7.   Additional services requested by the Service Recipient that are not within the scope of the Services shall be charged separately.

4.8.   The Service Recipient acknowledges and declares that they have been informed about the essential characteristics of the Services, the Service Fee, the method of payment, and other matter in the Preliminary Information Form issued by the Service Provider.

4.9.   The Service Recipient declares that the payment instrument used during reservation is valid, and accepts legal and criminal responsibility arising from its use. The Service Recipient also declares that all identification, contact, flight, and payment information shared under this Contract is accurate, up-to-date, and complete.

5.    TERMS REGARDING PROVISION OF THE SERVICES

5.1.   The Services are reserved for the Service Recipient and Guests and cannot be transferred to third parties or used by third parties, whether paid or unpaid.

5.2.   The Service Recipient shall comply with the instructions and rules communicated by the Service Provider, all warnings and rules in the area where the Services are performed, security measures in the C-VIP Terminal, instructions of authorized institutions at Istanbul Airport, airline security procedures, and applicable legislation. The Service Recipient must not disturb other persons or engage in misconduct. If the Service Recipient violates these obligations or if the Service Provider reasonably assesses a risk to public order, safety, or health, the Service Provider may refuse entry to the C-VIP Terminal or terminate provision of Services. In such case, the Service Recipient shall be deemed to have received the Services.

5.3.   The Service Recipient agrees to compensate all direct or indirect damages incurred by the Service Provider due to false, incomplete, or misleading information.

5.4.   The Service Recipient shall provide any additional information and documents requested by the Service Provider. Failure to provide such information or providing incomplete or misleading information gives the Service Provider the right to suspend or terminate the Services.

5.5.   The Service Recipient acknowledges, represents and undertakes that it has been duly authorized by the Guests whose details were provided during the reservation process to make reservations for the Services on their behalf and to carry out all acts and transactions related to this Contract, and that it acts as the duly authorized representative of such Guests. The obligations set forth under this Contract for the Service Recipient shall also apply to the Guests, and the Guests shall be obliged to comply with the same obligations. The Service Recipient shall ensure that the Guests comply with the provisions of this Contract and shall be jointly and severally liable together with the Guests for any acts and omissions of the Guests that are in breach of this Contract. The Service Recipient further acknowledges, represents and undertakes that it shall be jointly and severally liable together with the Guests for any claims, damages or demands that may be directed against the Service Provider due to the actions of the Guests, and shall indemnify and hold the Service Provider harmless, immediately and in full, for any losses incurred in this regard. The Service Recipient is obliged to duly inform the Guests of these matters.

5.6.   The Service Provider may, where deemed necessary, request the Service Recipient's identification or passport and carry out identity verification at the relevant points where the Services are provided.

6.    AMENDMENT, RIGHT OF WITHDRAWAL, CANCELLATION AND REFUNDS

6.1.   The Service Recipient must submit all requests regarding the amendment of the Services or withdrawal from the Contract to reservations@jetexistanbul.com. Amendment requests shall be valid only upon the written approval of the Service Provider, to the extent they comply with the applicable legal legislation and the rules of the Service Provider. Otherwise, the requested modifications shall be deemed not accepted.

6.2.   In the event that the Service Recipient submits a request for amendment or withdrawal, certain portions of the Service Fee shall be charged in accordance with the timeframes and conditions set forth below:

a. Withdrawals or changes made at least 24 hours before the reservation time are free of charge.
b. For withdrawals made between 24 and 8 hours before the reservation time, 50% of the Service Fee is charged.
c. For amendments made between 24 and 8 hours before the reservation time, 30% of the Service Fee is charged.
d. For withdrawals or amendments made less than 8 hours before the reservation time, 100% of the total service fee is charged.

Following the application of the deductions specified above in the event of a withdrawal or amendment request, any remaining balance of the Service Fee shall be refunded to the Service Recipient via the payment method used during the reservation, with any related costs to be borne by the Service Recipient.

6.3.   In the event that the Service Recipient's flight is cancelled, the Service Recipient must notify the Service Provider of its request for withdrawal or cancellation. Such request shall be processed in accordance with the principles set forth in Article 6.2, and any refund of the Service Fee shall be made accordingly. If the flight is cancelled during the performance of the Services, the Services shall be deemed to have been duly performed, no refund shall be made, and the Guest shall be directed to the airline counter.

6.4.   The Service Recipient may exercise the right of withdrawal by using the form set out in Annex-2 of this Contract or by submitting any other clear statement expressing its intention to exercise the right of withdrawal to the email address reservations@jetexistanbul.com.

6.5.   The Service Provider may unilaterally cancel the reservation up to 24 hours prior to the scheduled reservation time. In such case, any payments previously collected shall be refunded to the Service Recipient. The Service Provider reserves the right to cancel the reservation in emergency situations, including but not limited to those set forth under Article 7 (Force Majeure). In such case, no compensation may be claimed from the Service Provider.

6.6.   If the Service Recipient fails to appear at the scheduled reservation time, it shall be deemed a "no-show" and the Service Fee shall not be refunded.

6.7.   The Service Provider reserves the right to modify the terms of withdrawal, cancellation and amendments. The Service Recipient must check the Reservation / Cancellation / Refund / Payment Policy for the latest rules.

7.    FORCE MAJEURE

7.1.   For the purposes of this Contract, a "Force Majeure Event" means any event or circumstance beyond the reasonable control of the affected Party which was not reasonably foreseeable at the time of entering into this Contract and which could not reasonably be avoided or overcome, and which prevents, hinders, or materially delays (whether partially or completely, temporarily or permanently) the performance of that Party's obligations under this Contract. Force Majeure Events include, without limitation, the following:

a) Natural events: earthquake, fire (including wildfire), flood, storm, severe weather conditions, lightning strike, landslide, tsunami, volcanic activity, or other natural catastrophe,

b) War and security events: war (declared or undeclared), armed conflict, invasion, hostilities, civil war, civil commotion, rebellion, revolution, coup, insurrection, mutiny, mobilisation, acts of foreign enemies, serious deterioration of security conditions, or any material disruption of public order,

c) Terrorism and related threats: terrorist acts or threats of terrorism, sabotage, bomb threats, attacks on airports, aircraft, transport infrastructure or public facilities, or any security incident (actual or suspected) requiring heightened security measures or operational restrictions,

d) Airport / airspace / aviation restrictions: any closure, suspension, restriction or material limitation of operations of the CVIP Terminal and/or the airport by decision or direction of the airport operator or any competent authority; runway/taxiway closure; slot restrictions; curfews; denial, suspension or limitation of access to restricted areas; imposition of additional security screening measures causing material disruption; airspace closure, prohibition or restriction of flights (including overflight bans), issuance of NOTAMs materially preventing operations, or any air traffic control restrictions resulting in suspension or material limitation of movements,

e) Transport and supply chain disruption: general or sector-wide transportation interruption, port or border closure, interruption of fuel supply or essential utilities/services (electricity, water, telecommunications, internet) affecting the CVIP Terminal or airport operations, or material breakdown of critical infrastructure not caused by the affected Party,

f) Labour events (not limited to the affected Party): strikes, lockouts, industrial action, work stoppages or slowdowns affecting aviation/airport operations, security services, customs/immigration, ground handling, or critical third-party service providers, which materially disrupt performance.

g) Public health events: epidemic, pandemic or outbreak of infectious disease (including variants), quarantine measures, travel bans, vaccination/testing requirements, public health emergency declarations, or any restrictions/prohibitions imposed by a competent authority that materially disrupt operations or access to the CVIP Terminal/airport.

h) Governmental / regulatory interventions: any act, order, decision, directive, law, regulation, sanction, embargo, restriction, or legal requirement imposed by any governmental, regulatory or judicial authority beyond the affected Party's control (including security directives and emergency measures) which prevents, hinders or materially delays performance.

7.2.   The Party affected by Force Majeure shall notify the other Party in writing of such event. The Parties shall not be liable to each other for any failure or delay in the performance of their obligations due to Force Majeure, and the Parties' contractual obligations shall be suspended for the duration of the Force Majeure event. The Parties shall resume performance of their respective obligations as soon as reasonably practicable following the cessation of the effects of the Force Majeure event.

7.3.   In the event that the effects of Force Majeure continue for more than 30 (thirty) days, the Parties shall have the right to terminate the Contract unilaterally without any obligation to pay the other party any additional payment under the name of compensation, loss, damages, or any other title.

8.    TERMINATION

The Service Provider, without prejudice to its rights under the legislation, may partially or fully terminate the Contract without any payment obligation in the event that one of the following cases occurs:

a. Upon the occurrence of a Force Majeure Event that prevents, materially hinders, or materially delays performance of the Services,
b. Where required to comply with any applicable law, regulation, directive, or instruction of a competent authority, airport operator, security services, customs/immigration, or where the Service Provider reasonably determines that continued performance would create a safety, security, operational, or reputational risk,
c. If the Service Recipient breaches the Contract or fails to comply with the Service Provider's reasonable instructions, including conduct that is disruptive, abusive, unlawful, or creates a risk to persons or property,
d. If any payment is not received, or is subject to fraud concerns,
e. If access to the premises or provision of the Services becomes impossible or materially restricted due to airport/airside access controls, airspace restrictions, terminal closure, or similar operational limitations beyond the Service Provider's reasonable control.

Termination under this Clause shall not prejudice any accrued rights of the Service Provider, including the right to recover any fees due and payable and any costs incurred prior to termination.

9.    RESPONSIBILITY AND COMPENSATION 

9.1.    The Service Recipient shall be liable for any damages that have arisen and/or may arise due to their fault, intent, negligence, or imprudence while benefiting from the Services under this Contract, causing damage to the Seller and/or group companies and/or 3rd parties and/or any property belonging to said persons; or due to the partial and/or full non-performance, incomplete performance, or delay in performance of any of their obligations within the scope of this Contract; or due to non-compliance with the legislation in force; or due to intent, fault, negligence, or imprudence. In this context, if any payment is made by the Service Provider to third parties, the Buyer shall immediately pay the said amount to the Seller without the need for any court decision.

9.2.    The Service Provider shall only be liable to the Service Recipient for direct and documented damages under or in connection with this Contract, and the Service Provider's liability for compensation regarding such damages shall not exceed the total Service Fee in aggregate. For the avoidance of doubt, the Service Provider shall not be liable for any indirect damages arising under or in connection with this Contract.

10.    EVIDENTIAL AGREEMENT

The Service Recipient accepts, declares, and undertakes that in any disputes arising from this Contract, the Service Provider's official books and commercial records, as well as electronic information and computer records kept in its own database and servers, shall constitute binding, conclusive, and exclusive evidence; and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

11.    ENTIRE AGREEMENT

This Contract, the Preliminary Information Text, Terms of Use, Privacy Policy, and Personal Data Protection Information Notice, Reservation / Cancellation / Refund / Payment Policy along with all documents delivered as part of this Contract or in connection with it, or incorporated into this Contract by reference, constitute and contain the entire agreement between the Parties regarding the subject matter of this Contract and supersede all prior agreements, arrangements, and understandings made between the Parties regarding the subject matter of this Contract. The Parties accept and declare that there is no other oral or written agreement regulating this matter.

12.    SEVERABILITY

In the event that any of the provisions of this Contract is or becomes legally void or invalid in any way, the validity, legality, and enforceability of the other provisions of this Contract shall not be affected thereby, and such provisions shall continue to be applied as they are. 

13.    DISPUTE RESOLUTION

Turkish law shall apply to any disputes arising from this Contract. The Istanbul (Çağlayan) Courts and Execution Offices are authorized to resolve disputes related to the implementation of this Contract. In the event that the Service Recipient has the status of a 'consumer' pursuant to the Law No. 6502 on the Protection of the Consumer, the Service Recipient may submit their applications regarding the dispute to the consumer arbitration committee or, provided that a mediator is applied to before filing a lawsuit, to the consumer court.

14.    EFFECTIVENESS 

Each article of this Contract, which consists of fourteen (14) articles and two (2) annexes, has been read and understood by the Service Recipient. This Contract shall enter into force on the date it is approved by the Service Recipient. The binding version of this Contract is the Turkish version. Translations in other languages are for convenience only and have no legal binding effect.

Annex-1: Scope of the Services
Annex-2: Sample Withdrawal Form

ANNEX-1: SCOPE OF THE SERVICES

ANNEX-2: SAMPLE WITHDRAWAL FORM

 

Addressee: İstanbul Özel Yolcu ve Genel Havacılık Hizmetleri Anonim Şirketi

Tayakadın Mah. Terminal Cad. Havalimanı Terminal Binası No: 1 İç Kapı No: 760494 Arnavutköy/İstanbul
reservations@jetexistanbul.com

I hereby declare that I exercise my right of withdrawal from the agreement regarding the provision of the following services with this form.

Order date:

 

Service subject to the withdrawal: 

 

Service fee subject to the withdrawal: 

 

Name and Surname of the person who issues this withdrawal form: 

 

Address of the person who issues this withdrawal form: 

 

Signature of the person who issues this withdrawal form: (Only if this form will be sent in paper) 

 

Date: