Membership Clarification
1. PARTIES
1.1. Service Provider (Company):
Title: Fine Otel Turizm İşletmecilik A.Ş.
Address: Meltem Neighborhood, Sakıp Sabancı Boulevard, No:3 Muratpaşa/Antalya
E-Mail: [email protected]
(Hereinafter referred to briefly as the “COMPANY”.)
1.2. Member:
A real or legal person who completes the membership form electronically via the Platform and declares “Become a Member”.
(Hereinafter referred to briefly as the “MEMBER”.)
2. SUBJECT AND SCOPE
The subject of this Agreement is to determine the terms under which the MEMBER may benefit from the services offered through the [Website/Application Name] (“Platform”) belonging to the COMPANY. The Land of Legends, Nickelodeon Play!, Rixos Hotels, and other affiliate brands within the COMPANY are accepted as “Group Brands” in terms of the integrity of the services provided under this agreement.
3. DEFINITIONS
Platform: The website and/or mobile application through which the COMPANY provides its services.
Information Notice: The text explaining how the MEMBER’s personal data is processed within the scope of the Turkish Personal Data Protection Law No. 6698 (KVKK).
Group Brands: All brands operating under Fine Otel Turizm İşletmecilik A.Ş.
4. MEMBERSHIP TERMS
4.1. Membership is completed by filling out the membership form on the Platform and approving this Agreement. The MEMBER undertakes that the information provided is accurate.
4.2. The MEMBER is personally responsible for password security.
5. RIGHTS AND OBLIGATIONS
5.1. The MEMBER agrees to use the Platform in accordance with general morality and the law.
5.2. The COMPANY reserves the right to change the service content at any time.
5.3. Technical Integration: For the performance of the services it provides, ensuring technical security, and carrying out operational processes, the COMPANY may—provided that it is limited and proportionate—establish the necessary technical integrations with technical infrastructure providers and the Group Brands. (This clause does not cover data sharing for marketing purposes; marketing consents are subject to the MEMBER’s separate explicit consent.)
6. MEMBERSHIP CAPACITY AND MINORS
By approving this Agreement, the MEMBER declares that they are over 18 years old. Membership procedures for persons under 18 may only be carried out by their parent or legal guardian.
7. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
7.1. Personal data is processed in accordance with the KVKK and relevant legislation.
7.2. The MEMBER declares that they have read the “Information Notice on the Processing of Personal Data” presented during membership and have been informed about data processing procedures.
7.3. Commercial Message Consent: If the MEMBER wishes to receive campaigns/announcements from the COMPANY and Group Brands, this data processing activity is subject to the MEMBER’s “Explicit Consent for Commercial Messages,” which is independent of this Agreement. Even if the MEMBER does not give marketing consent, they may still become a member of the Platform and benefit from services.
8. INTELLECTUAL PROPERTY RIGHTS
All trademarks, logos, and content on the Platform belong to the COMPANY and may not be copied without permission.
9. FORCE MAJEURE
The COMPANY cannot be held responsible for interruptions arising from force majeure events such as cyber attacks, natural disasters, or technical infrastructure problems.
10. TERMINATION OF THE AGREEMENT AND CANCELLATION OF MEMBERSHIP
If the COMPANY determines that the MEMBER has acted contrary to the provisions of this Agreement, general morality, or the law, it has the right—without any prior notice—to immediately cancel the membership, unilaterally terminate the agreement, and block the MEMBER’s access to the Platform.
11. PROHIBITION OF ASSIGNMENT
The membership account cannot be transferred to third parties.
12. EVIDENCE AGREEMENT
The Parties accept and declare that in disputes arising from this Agreement, the COMPANY’s books, records, documents, computers, systems, and log records shall constitute definitive and exclusive evidence, and that this clause is an “Evidence Agreement” within the meaning of Article 193 of the Code of Civil Procedure.
13. DISPUTE RESOLUTION
In disputes arising from this Agreement, the Courts and Enforcement Offices of Antalya shall have jurisdiction.
14. EFFECTIVE DATE
This Agreement shall be deemed established and effective when the MEMBER clicks the “Become a Member” button electronically.
