Mesafeli Satış Sözleşmesi
innclude Bilet Dağıtım ve Bilişim Teknolojileri A.Ş. · MERSİS: 0478121800000001 · info@innclude.com
Article 1. The Parties
1.1. This Distance Sales Agreement is concluded electronically in accordance with the provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation.
1.2. The Seller. The party acting as the seller in this order is shown below. The Seller is the brand organising the event, or innclude where innclude issues the document in its own name; which of these applies is shown at the purchase step and in this contract.
| Legal name | innclude Bilet Dağıtım ve Bilişim Teknolojileri A.Ş. |
|---|---|
| Tax office and tax number | Göztepe · 4781218000 |
| Address | Fenerbahçe Mah. İğrip Sok. No: 13/1, 34726 Kadıköy / İstanbul |
| Contact | info@innclude.com · +90 532 466 0286 |
| Issuer of the document relating to the event fee | innclude Bilet Dağıtım ve Bilişim Teknolojileri A.Ş. |
1.2.a. Where the Seller is not registered for tax, no invoice is issued to the Buyer and this is notified separately at the purchase step.
1.3. innclude. innclude Bilet Dağıtım ve Bilişim Teknolojileri A.Ş. acts as an intermediary in the sale of tickets, collects the price and provides the digital infrastructure for issuing and delivering the ticket and verifying it at admission. Where the Seller is the brand organising the event, innclude is an intermediary service provider and collects the price in the name and on behalf of the Seller; where innclude is itself the seller, the seller's obligations arising from this contract belong directly to innclude.
| Legal name | innclude Bilet Dağıtım ve Bilişim Teknolojileri A.Ş. |
|---|---|
| MERSİS | 0478121800000001 |
| Address | Fenerbahçe Mah. İğrip Sok. No: 13/1, 34726 Kadıköy / İstanbul |
| info@innclude.com |
1.4. The Buyer. The Buyer is the person who purchases a ticket through the innclude website or mobile application.
Article 2. Subject Matter
2.1. This Contract governs the rights and obligations relating to the event ticket purchased electronically by the Buyer.
2.2. The Contract is concluded when the Buyer confirms the order giving rise to an obligation to pay. A copy is sent to the Buyer electronically and is kept in the Buyer's account.
Article 3. Characteristics of the Ticket Ordered and the Price
3.1. The name, date, time and place of the event, the ticket type, the number of tickets and the total price are shown to the Buyer at the step at which the order is confirmed and appear on the ticket document.
3.2. The total price to be paid by the Buyer is shown as a single amount, inclusive of taxes. That amount consists of two items:
| Event fee | This is the amount belonging to the Seller. |
|---|---|
| Service fee | This is the consideration for innclude issuing and delivering the ticket and providing the admission infrastructure. |
No service fee is collected from the Buyer separately; both items are covered out of the single price set by the Seller. Where a refund is made at the Buyer's own request, the service fee is not refunded; the amount to be deducted is 20.00 TRY and it is shown at the purchase step in the Preliminary Information Form. Details are set out in Article 6.
3.3. The ticket is delivered digitally. Once payment is approved, the ticket is assigned to the Buyer's account and sent to the contact address provided. No physical ticket is dispatched.
3.4. The tickets selected and, for events with seat selection, the seats selected are reserved in the Buyer's name for a limited period until payment is completed. The period is shown to the Buyer on the purchase screen. When the period expires, the reservation is released automatically and the tickets are put back on sale; innclude cannot be held liable for any loss arising from this.
3.5. The Buyer may also purchase a ticket as a guest, without opening an account. In that case the ticket is delivered through the telephone number and e-mail address provided in the order, and the Buyer's rights arising from this Contract apply in the same way.
3.6. For each ticket, the attendee's first name, surname, e-mail address and telephone number are requested. If the Buyer enters information on behalf of more than one person, the Buyer accepts that it is acting with the knowledge of those persons.
3.7. For orders exceeding the amount set out in tax legislation, invoice details must be provided and are requested at the payment step. Providing a Turkish identity number is not mandatory. Invoice addresses can currently be issued for Türkiye only; invoice addresses outside Türkiye are not accepted.
Application per admission right. The service fee is applied separately for each admission right provided by the ticket; for tickets allowing more than one person to enter, the fee is calculated according to the number of attendees. For tickets allowing more than one person to enter, a refund is made for the whole ticket; a single admission right cannot be refunded separately.
3.8. Who issues the document. The document relating to the event fee is issued by the party organising the event or by innclude. Which of these applies and who will appear as the seller on the document are shown to the Buyer at the purchase step. Where the party organising the event is not registered for tax, no invoice is issued to the Buyer; this too is clearly notified at the purchase step. innclude's own service fee and commission are not collected from the Buyer and no invoice is issued to the Buyer for those items.
Article 4. Payment
4.1. Payment is made by credit card, debit card or the other payment methods offered by innclude. For payments made by card, 3D Secure verification is applied.
4.2. The card number, expiry date and security code are transmitted through innclude's servers to the authorised payment institution in order for the payment to be taken. innclude does not record or store this information. Payments made in Turkish lira are taken through a payment institution resident in Türkiye and authorised by the Banking Regulation and Supervision Agency.
4.3. If the payment does not go through for any reason, the order is not concluded and no ticket is issued.
4.4. Collection channel. The ticket price may be collected through innclude's own payment infrastructure or through the payment infrastructure of the Seller organising the event that is connected to innclude. This choice does not change the capacity of seller, the issuing of the ticket or the party to whom refund requests are addressed; in both cases the ticket is issued by innclude and refund requests are handled through innclude. Where collection is made through the Seller's infrastructure, a merchant name other than innclude may appear on the Buyer's card statement. If the Buyer sees a merchant name it does not recognise, it may contact info@innclude.com before starting a chargeback.
4.5. Where the Buyer chooses to have its card stored with the payment institution, the card details are kept with the payment institution; only the card brand and the last four digits of the card are returned to innclude.
Article 5. Right of Withdrawal
5.1. Under subparagraph (g) of the first paragraph of Article 15 of the Distance Contracts Regulation, there is no right of withdrawal in contracts relating to the use of leisure time for entertainment and recreation purposes that are to be performed on a specific date or in a specific period. Event tickets fall within that scope.
5.2. The absence of a right of withdrawal does not remove the Buyer's rights arising from defective services or the refund situations set out in Article 6.
Article 6. Cancellation, Change and Refund
6.1. Where the event is cancelled, postponed or subject to a change of date or place, the obligation to refund and to make amends belongs to the Seller. Where the date or place changes, the Buyer may attend under the new conditions or request a refund.
6.2. Where the event is cancelled, the Buyer is refunded the full amount paid. That amount includes the innclude service fee.
6.3. Where the event is going ahead and a refund is made at the Buyer's request and accepted by the Seller, the event fee is refunded and the service fee is not refunded. The service fee is the consideration for issuing and delivering the ticket and providing the admission infrastructure, and those services were performed at the moment of purchase.
6.4. innclude applies the Seller's refund decision and the situations set out in 6.2 through the channel on which the payment was made. No cash refund is made. The time taken for the amount to reach the Buyer's account depends on the processes of the bank or the payment institution.
6.4.a. Time limit for a refund request. The Buyer's refund request is to be submitted to the Seller up until the end time of the event. After that time, refund, re-delivery and admission operations are closed. Where the event is cancelled, 6.2 applies and this time limit does not apply.
6.3.a. Refund opened by the Seller at its own decision. If the Seller refunds a ticket at its own decision while the event is still going ahead, the Buyer is refunded the full amount paid, including the service fee. In that case the refunded service fee is collected from the Seller.
6.5. The situations in which innclude refunds its own service fee directly are: a duplicate charge arising from a system or technical error, and the service not being provided for technical reasons despite the payment having been completed. Such requests are to be sent to info@innclude.com and are concluded within ten business days at the latest.
Article 7. Use and Transfer of the Ticket
7.1. The ticket and the entry code issued with it are personal. Apart from the functions offered by innclude for that purpose, they may not be transferred or sold to third parties. Tickets obtained in breach of this rule are treated as invalid at admission and no right to a refund arises.
7.2. innclude may offer a ticket transfer or resale function. Where such functions are offered, transfers are made within the framework of the rules set by innclude. No such function is offered as at the effective date of this Contract; for that reason the rule in 7.1 applies on that date without exception.
7.3. The Buyer is responsible for the consequences arising from the sharing of the entry code by the Buyer.
7.4. For tickets issued free of charge, the entry code on the ticket document remains valid whether or not the ticket has been added to an account. The person holding the document can use the admission.
Article 8. Venue and Event Rules
8.1. The rules of the venue and of the Seller apply to matters such as entry to and exit from the event, security searches, age limits, the use of recording devices and restrictions on food and drink. These rules are announced to the Buyer on the event page before purchase.
8.2. Where the Buyer is not admitted to the event or is removed from the event because of a breach of these rules, the price is not refunded.
Article 9. Personal Data and Messages
9.1. Personal data processed in connection with the purchase of a ticket is processed within the framework of the innclude Privacy Policy and Personal Data Protection Notice. Attendee and invoice details are transferred to the Seller for the purposes of admission to the event and invoicing.
9.2. Campaign and promotional messages are sent only with the Buyer's prior consent. The record of consent is kept together with the date and the channel on which the consent was obtained and may be withdrawn free of charge at any time; an opt-out request is processed within three business days at the latest. The delivery of the ticket and transactional notifications are independent of that consent. For messages sent by the Seller on the basis of its own list, the obligations relating to consent and opt-out belong to the Seller.
Article 10. Force Majeure
10.1. Events beyond the control of the parties, such as natural disaster, epidemic, war, fire, strike, a decision of a public authority or a general outage in the energy or communications infrastructure, are deemed force majeure.
10.2. Obligations are suspended for the duration of the force majeure event. Where the event cannot take place due to force majeure, Article 6 applies as regards refunds and making amends.
Article 11. Governing Law and Dispute Resolution
11.1. Turkish law applies to this Contract.
11.2. Depending on the monetary thresholds, the Buyer may apply to the Consumer Arbitration Committee or the Consumer Court at its own place of residence or at the place where the transaction was carried out. Consumer actions may also be brought before the court at the consumer's place of residence.
11.3. Where the Buyer does not have the capacity of a consumer, the Istanbul Anadolu Courts and Enforcement Offices have jurisdiction.
11.4. The Contract has been drawn up in Turkish. Translations into other languages are for information purposes; in the event of a conflict, the Turkish text prevails.
Article 12. Entry into Force
12.1. By confirming the order giving rise to an obligation to pay at the payment step, the Buyer declares that it has read and accepted the Preliminary Information Form, the Terms of Use, the Privacy Policy, the Community Guidelines and this Contract.
12.1.a. The fields marked in dark yellow in this Contract are filled with the current value received from innclude's systems at the moment the text is displayed. If the value of a field cannot be retrieved, a statement that the value is shown at the purchase step is printed in place of that field; an old value is not displayed.
12.2. The Contract enters into force upon the Buyer's electronic acceptance. A copy is sent to the Buyer electronically.