Distance Service Sales Agreement

DISTANCE SERVICE SALES AGREEMENT

1. PARTIES

1.1. SERVICE PROVIDER

Company Name: FİNE OTEL TURİZM İŞLETMECİLİK A.Ş.
Address: Kadriye Mh. Atatürk 3 Cad. No:1/63 İç Kapı No:1 Serik / Antalya, Türkiye
Telephone: 0501 735 21 39
MERSIS No.: 0386024561500079
E-mail: info@nickelodeonplayistanbul.com
Website: www.nickelodeonplayistanbul.com

(Hereinafter referred to as the “SERVICE PROVIDER”.)

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1.2. PURCHASER

The person who purchases a Theme Park admission ticket through The Land of Legends website and/or application and who qualifies as a consumer within the meaning of Turkish Law No. 6502 on Consumer Protection shall hereinafter be referred to as the “PURCHASER.”

The PURCHASER’s name and surname, contact details, ticket type purchased, number of tickets, visit date or validity period, total price and payment details are set out on the order page and in the order confirmation.

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1.3. TICKET USER

The person or persons who will enter the Theme Park using the ticket purchased by the PURCHASER shall hereinafter be referred to as the “TICKET USER.” Where the PURCHASER uses the ticket personally, the PURCHASER shall also qualify as the TICKET USER.

The SERVICE PROVIDER and the PURCHASER shall each be referred to individually as a “Party” and collectively as the “Parties.”

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2. SUBJECT MATTER AND SCOPE OF THE AGREEMENT

The subject matter of this Distance Service Sales Agreement is to determine the rights and obligations of the Parties under Turkish Law No. 6502 on Consumer Protection, the Regulation on Distance Contracts and other applicable legislation in relation to the The Land of Legends Theme Park admission ticket purchased electronically by the PURCHASER through the SERVICE PROVIDER’s website at www.thelandoflegends.com and/or application, and the services provided within the scope of such ticket.

The PURCHASER acknowledges that, prior to confirming the order, they have been clearly and comprehensibly informed of the type, essential characteristics, validity date and/or validity period, terms of use, total sales price including taxes, payment terms, Theme Park admission requirements, whether a right of withdrawal is available, cancellation and refund conditions, the SERVICE PROVIDER’s contact details and available legal remedies; and that they have reviewed and confirmed the Preliminary Information Form and this Agreement electronically.

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3. INFORMATION ON THE TICKET / SERVICE SUBJECT TO THE AGREEMENT AND PAYMENT

3.1. The service subject to this Agreement is the right of admission to The Land of Legends Theme Park for the date and/or validity period selected by the PURCHASER on the order page.

3.2. The type and quantity of the ticket purchased, the date of use/visit or validity period, scope, unit and total price, any applicable campaign or discount information, and any additional services, if applicable, shall be displayed to the PURCHASER before completion of the order and shall constitute an integral part of this Agreement together with the order confirmation.

3.3. The PURCHASER is responsible for checking the accuracy of the ticket type, number of tickets and visit date/validity period selected on the order page.

3.4. Certain activities, experiences, food and beverage services, lockers, cabanas, fast-track services, games, photographs or similar additional services offered within the Theme Park may not be included in the ticket price. The price and essential characteristics of any paid additional services offered together with the ticket during the purchase process or separately selectable by the PURCHASER shall be clearly and comprehensibly stated on the relevant sales page before the purchase is completed.

3.5. In order for the order to be completed, the ticket price must be successfully charged through the payment method used. If payment cannot be completed for any reason or the transaction is not approved by the bank/payment service provider, the ticket sale shall not be deemed completed.

3.6. Prior to confirmation of the order, the PURCHASER shall be clearly and comprehensibly informed that confirmation of the order gives rise to a payment obligation.

3.7. The purchase of additional services offered for a fee in addition to the ticket price is subject to the PURCHASER’s express consent. Options giving rise to an additional payment obligation may not be pre-selected without the PURCHASER’s express consent.

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4. ISSUANCE, DELIVERY AND USE OF THE TICKET

4.1. Upon successful completion of the sales transaction, the ticket, reservation details, QR code, PNR or similar electronic verification information shall be sent to the PURCHASER through the electronic communication channel provided by the PURCHASER at the time of purchase.

4.2. The ticket shall not be physically delivered by courier or postal service.

4.3. The TICKET USER is required to present the ticket, QR code, PNR or other verification information provided to them upon admission to the Theme Park. The SERVICE PROVIDER shall be entitled to request identity, age and eligibility verification for all ticket types at any time at the Theme Park entrance or within the Theme Park. If the TICKET USER is unable to present a valid official identification document or is found not to meet the conditions applicable to the purchased ticket (including age, height, discount eligibility or similar requirements), the ticket shall be immediately cancelled and no refund whatsoever shall be made.

4.4. Following verification of the ticket at the Theme Park entrance, where a wristband and/or relevant admission device is provided to the TICKET USER, admission to and use of the Theme Park shall be carried out through such wristband or admission device.

4.5. The ticket may be used within the date, time and/or validity period specified for the purchased ticket type.

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5. THEME PARK ADMISSION AND RULES OF USE

5.1. The purchase of a ticket and admission to the Theme Park are subject to the specific ticket conditions communicated on the sales page together with this Agreement and the Theme Park Rules published by the SERVICE PROVIDER.

5.2. The PURCHASER shall be informed, prior to completion of the purchase, of any specific conditions applicable to the relevant ticket type and Theme Park facilities, including age, height, accompanying-person, operating-time, health and safety requirements. Where the TICKET USER is unable to use a particular activity or facility because they do not meet objectively determinable admission or usage requirements that were clearly and visibly communicated prior to purchase, this shall not, subject to mandatory provisions of applicable legislation, under any circumstances give rise to a right to a partial or full refund of the ticket price. The PURCHASER expressly acknowledges and undertakes to accept this condition in advance.

5.3. Security checks may be carried out within the Theme Park in accordance with applicable legislation and the published Theme Park Rules in order to ensure safety and orderly operation.

5.4. Persons who act in violation of the Theme Park Rules, safety instructions, directions of authorized personnel or generally accepted standards of public decency, who disturb other guests or who may disrupt the orderly operation of the Theme Park may be refused admission or immediately removed from the Theme Park. In such cases, or where the TICKET USER leaves the Theme Park at their own initiative or due to their own fault, no refund of the ticket price or compensation shall be made under any circumstances. The SERVICE PROVIDER reserves the right to claim from the PURCHASER/TICKET USER any direct and indirect damages arising from such violations.

5.5. The PURCHASER and the TICKET USER shall be solely responsible for the security of their personal belongings within the Theme Park, including telephones, wallets, jewelry and bags. The SERVICE PROVIDER shall have no legal, financial or criminal liability for any belongings that are lost, stolen or damaged. Furthermore, the SERVICE PROVIDER shall not be held liable for any accidents, injuries or material or non-material damages that may occur as a result of the TICKET USER’s failure to comply with the rules, warning signs or directions of personnel, or as a result of the TICKET USER’s own negligence.

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6. PERSONAL USE AND TRANSFER OF THE TICKET

6.1. The PURCHASER agrees not to resell the ticket for commercial purposes, facilitate its resale, or use it for any unlawful commercial or promotional purposes.

6.2. Tickets or cards issued in the name of, or specifically assigned to, an individual may only be used by the person in whose name they were issued.

6.3. If it is determined that a ticket or card expressly designated as non-transferable is being used by a third party, the relevant ticket/card may be rendered invalid in accordance with the Theme Park Rules.

6.4. Any transfer and usage conditions specific to the relevant ticket type shall be separately communicated to the PURCHASER prior to purchase.

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7. RIGHT OF WITHDRAWAL

7.1. Daily Tickets, Evening Tickets and similar Theme Park admission tickets issued for a specific date, time or session constitute services relating to leisure activities for a specified date or period and are therefore subject to the exception to the right of withdrawal set forth under Article 15, paragraph 1(g) of the Regulation on Distance Contracts. Accordingly, the PURCHASER does not have a fourteen-day right of withdrawal in respect of such tickets.

7.2. In respect of tickets or cards that are not linked to a specific date, time or session and that may be used on different dates within their validity period, whether a right of withdrawal is available shall be separately stated on the relevant sales page, taking into account the nature of the relevant ticket or card, its validity period and the exceptions set forth under Article 15 of the Regulation on Distance Contracts. If the relevant ticket or card does not fall within an exception set forth under Article 15 of the Regulation, the PURCHASER may exercise the right of withdrawal within fourteen days from the date on which the Agreement is concluded. If performance of the service commences before the expiry of the withdrawal period upon the PURCHASER’s express request and consent, the applicable statutory exceptions to the right of withdrawal shall apply.

7.3. The PURCHASER shall be clearly and comprehensibly informed, prior to completion of the purchase, whether a right of withdrawal is available in respect of the ticket or card purchased and, where applicable, the scope of any exception to the right of withdrawal.

7.4. This Article shall not prejudice the PURCHASER’s rights arising under Law No. 6502 and applicable legislation in the event that the service is not performed or is not duly performed.

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8. CANCELLATION, DATE CHANGES AND REFUNDS

8.1. The absence of a right of withdrawal is distinct from any cancellation, change or alternative-date usage options that may be commercially offered by the SERVICE PROVIDER for certain ticket types.

8.2. Where the SERVICE PROVIDER provides cancellation, change or alternative-date usage options for certain ticket types, the scope, conditions and applicable period of such options shall be separately stated on the sales page prior to the purchase of the ticket.

8.3. Unless expressly stated otherwise on the sales page, the ticket price shall not be refunded due to a change of preference by the PURCHASER, failure to attend the Theme Park, failure to use the ticket within its validity date or period, or failure of the TICKET USER to meet the objective ticket usage conditions clearly communicated prior to purchase. The PURCHASER’s rights arising from mandatory provisions of applicable legislation are reserved.

8.4. If performance of the admission service subject to this Agreement becomes impossible, the SERVICE PROVIDER shall notify the PURCHASER in writing or through a permanent data storage medium within three days from the date on which the SERVICE PROVIDER becomes aware of such impossibility and shall refund all payments collected to the PURCHASER no later than fourteen days from the date of notification.

8.5. Any refunds shall be made in a single payment through the payment instrument used by the PURCHASER at the time of purchase, without imposing any costs or financial burden on the PURCHASER.

8.6. If the SERVICE PROVIDER fails to perform its obligation within the period undertaken, the PURCHASER may terminate this Agreement pursuant to Article 16 of the Regulation on Distance Contracts. In the event of termination, payments collected shall be refunded to the PURCHASER, together with the statutory interest calculated in accordance with applicable legislation, within fourteen days from the date on which the termination notice reaches the SERVICE PROVIDER.

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9. PROGRAMME AND OPERATIONAL CHANGES

9.1. The Theme Park’s operating hours, availability of activities and facilities, and show and event schedules may be changed due to weather conditions, maintenance, technical requirements, capacity limitations, health and safety measures or objective operational necessities.

9.2. The SERVICE PROVIDER shall notify the PURCHASER of any changes affecting the essential elements of the purchased service as soon as reasonably practicable after becoming aware of such change, through the e-mail address, telephone number or other appropriate permanent data storage medium provided by the PURCHASER at the time of purchase.

9.3. If any activity, facility, show or service within the Theme Park becomes temporarily or permanently unavailable, is suspended or cancelled due to maintenance, repair, adverse weather conditions, technical malfunction or operational decisions of the SERVICE PROVIDER, the PURCHASER may not claim a partial or full refund of the ticket price. The SERVICE PROVIDER does not guarantee that the facilities within the Theme Park will operate continuously or at full capacity.

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10. FORCE MAJEURE

Natural disasters, fire, epidemics, war, acts of terrorism, strikes, lockouts, decisions of public authorities, extraordinary weather conditions, infrastructure or power outages, and other similar unforeseeable events that occur beyond the control of the Parties and cannot reasonably be prevented shall be deemed force majeure events.

If, due to a force majeure event, performance of the service subject to this Agreement becomes impossible on the agreed date or within the agreed period, Articles 8.4, 8.5 and 8.6 shall apply.

Where the force majeure event affects only certain activities or facilities temporarily and the general admission service to the Theme Park continues to be provided, Article 9.3 shall apply.

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11. PROTECTION OF PERSONAL DATA

11.1. Personal data belonging to the PURCHASER and/or TICKET USER shall be processed in accordance with Turkish Law No. 6698 on the Protection of Personal Data and applicable legislation for the purposes of carrying out ticket sales and reservation transactions, processing payments, performing Theme Park admission and verification procedures, managing customer relations and requests/complaints, and fulfilling legal obligations.

11.2. Detailed information regarding the processing of personal data is available in the relevant Personal Data Protection Law (KVKK) Privacy/Information Notice published on the SERVICE PROVIDER’s website.

11.3. The sending of commercial electronic communications is not required for the conclusion of this Agreement. For commercial electronic communications sent for marketing and promotional purposes, the necessary consent and authorization procedures shall be carried out separately in accordance with applicable legislation.

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12. NOTICES AND CONTACT DETAILS

12.1. Notices relating to the purchased ticket, its use, changes or the service may be made through the e-mail address, telephone number or other communication channels provided by the PURCHASER at the time of purchase.

12.2. The PURCHASER acknowledges that the contact details provided at the time of purchase are accurate and up to date.

12.3. To the extent that the SERVICE PROVIDER is not at fault, the SERVICE PROVIDER shall not be liable for any difficulties in accessing or receiving notifications arising from the PURCHASER providing incorrect or incomplete contact details.

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13. RETENTION OF THE AGREEMENT

13.1. This Agreement, the Preliminary Information Form and the information and documents relating to the distance sales transaction shall be retained for a period of three years from the date of each transaction in accordance with the Regulation on Distance Contracts.

13.2. Following completion of the order, this Agreement shall be delivered to the PURCHASER through a permanent data storage medium and made available for subsequent access by the PURCHASER.

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14. DISPUTE RESOLUTION

14.1. This Agreement shall be governed by the laws of the Republic of Türkiye.

14.2. For disputes falling within the monetary jurisdictional limits prescribed for Consumer Arbitration Committees under applicable legislation, an application to the relevant Consumer Arbitration Committee shall be mandatory.

14.3. Pursuant to Article 73/A of Law No. 6502, in disputes subject to mandatory mediation as a condition for litigation, the parties shall apply to a mediator before filing an action before the Consumer Court.

14.4. Applications to Consumer Arbitration Committees may be filed with the competent Consumer Arbitration Committee at the consumer’s place of residence or at the place where the consumer transaction was carried out. The general rules on jurisdiction of Consumer Courts and the jurisdiction of the Consumer Court at the consumer’s place of residence are reserved.

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15. EFFECTIVE DATE

The PURCHASER acknowledges that, prior to confirming the order, they have reviewed and obtained information regarding the Preliminary Information Form, this Distance Service Sales Agreement, the essential characteristics of the purchased ticket, the total sales price, the Theme Park and ticket usage rules, and whether a right of withdrawal is available in respect of the purchased ticket type, and that they have confirmed such information electronically.

This Agreement shall enter into force upon the PURCHASER’s electronic confirmation of the order and successful completion of the payment transaction.

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SERVICE PROVIDER

FİNE OTEL TURİZM İŞLETMECİLİK A.Ş.

PURCHASER

The consumer whose details are obtained electronically during the order process

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