Last Updated: July 2, 2018
BAVULIER BAGGAGE SERVICE USER AGREEMENT
This agreement has been issued based on the obligation of making agreement for sales realized via internet according to the Distance Agreements Regulation published in the Official Gazette numbered 29188 and dated.........., and the pre-information document and the agreement text regarding sales are as follows.
Bavulier Tourism Logistics Transportation LLC. The consumer will submit all of his requests and complaints to the establishment of which its information is given above.
The BUYER is the person who buys the passenger baggage transport service.
The subject of this agreement is to define the rights and obligations of the parties as per the provisions of the Law on the Protection of Consumers numbered 4077, the Distance Agreements Regulation ("Regulation") and the Law on Regulating the Electronic Commerce numbered 6563, regarding the sale and delivery of the baggage transport service which is sold by the SELLER to the BUYER in the electronic environment via the website https://bavulier.com relating to the Bavulier Tourism Logistics Transportation LLC service.
SERVICE INFORMATION AND DELIVERY
The subject of this agreement is baggage transport service and consists of the sale price of the baggage, terms of payment, the place it is received, its destination, date of departure, delivery time of baggage, information at the moment the order has been completed, which are sent to the electronic mail address of the BUYER.
GENERAL PROVISIONS BUYER
The BUYER declares that he has read and understood the main features of baggage transport right and all pre-information regarding the sale price, terms of payment and delivery, and that he has given the necessary approval in the electronic environment. The baggage delivered by the BUYER is received from the hotel where the BUYER accommodates or the airport before starting the transport procedure. The transported baggage is delivered to the BUYER personally. For this reason, the BUYER should submit his passport, identification card or driving license when receiving the baggage. As the BUYER declares and accepts the accuracy of the information he has entered into the system via other channels at the website while purchasing the baggage service, including but not limited to his identification card number, flight number, pnr/ticket number, name/surname, email address, mobile phone number and address, he also approves collection, processing and use of this information as well as use of this information for purposes such as notification by Bavulier officials via electronic means of communication such as automatic call machines, fax, electronic mail and short message. The BUYER may immediately retrieve the approval he has given regarding use and share of his contact information by applying to the SELLER via email, telephone and official means without making any payment.
RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal from the baggage service until 24 hours before the pickup of BUYER’s luggage of delivery of the baggage approval voucher which will be delivered to the BUYER at the hotel reception informed to the BUYER at the stage of payment in electronic environment. But regarding each baggage of which its electronic payment has been completed; the BUYER should accept the right of the SELLER to send the baggage(s) which are not received by the BUYER at the airport to the address defined by the BUYER and to collect the transport price and the penalty arising in baggages received after the passenger baggage receiving time indicated on the Bavulier baggage acceptance voucher. The service charge collected for each baggage which has been paid for but has not been approved or delivered to the Bavulier personel will be returned to the BUYER's credit card. The agreement rules between the BUYER and the bank are valid during the return process of the service charge. For each baggage of which its payment has been approved, its baggage situation has been accepted on SELLERS booking system and its approval voucher has been delivered to the BUYER, the service will be considered started and the service charge will be collected even if the BUYER withdraws from the baggage transport right. Regarding each baggage of which its acceptance voucher is received and which is on-the-go, in case of returning the baggage to the hotel due to long term delays or the BUYER's request, except for cancellation of the BUYER's flight, the baggage recall service will be separately charged besides the transport service since a new baggage registry will be opened.
All Bavulier baggages are insured by the SELLER. Transport of high-value goods is under the BUYER's responsibility and the BUYER cannot previously submit the information of transporting expensive goods. The BUYER should provide the Bavulier personel with his/her credit card details on condition that all rights are preserved for collection of the charge of sending the baggage to the address stated by the BUYER for any reason. The SELLER is not responsible for the accuracy of credit cards details provided mistakenly or deficiently. Baggages processed in such a way will be demolished at the end of the process in case accurate information is not provided by the BUYER within one month. The SELLER is not responsible for transportation of torn, punctured, worn-out baggages. The BUYER should inform the SELLER in advance regarding the damaged baggage. Otherwise, the SELLER cannot be deemed responsible for worn-out baggages. The courier who receives the approved baggage at the hotel may take the photograph of the worn-out or damaged baggage before receiving it or may enter the information on its condition into the system. In similar cases at the hotels, the officials are entitled to enter the information on the condition of the worn-out or damaged baggages into the system. The SELLER cannot be deemed responsible for any problem arising in case the baggage prepared to be delivered is not closed or cannot be closed properly. The baggages of which their transport service is completed by the SELLER but which have not been received by the BUYER until 23:00 o'clock on the defined date of delivery will be returned. But penalties will not be charged for passengers who have delivered their baggages and whose flight is on the next day between 09:00-13:00 o'clock. For the BUYERS within this scope, penalty will be based on the defined delivery time on the next day as informed to the BUYER. A penalty of TL 20 will be applied for the BUYER as hourly storage rate for each hour of delay after the defined delivery time together with the cargo invoice of the baggage(s) which will be sent to the address of the BUYER and this penalty will be collected through the credit card submitted by the BUYER. In case fragile goods (glass, porcelain etc.) are broken during the transport, the SELLER cannot be deemed responsible by any means. The BUYER should inform the officials at the hotel reception or Bavulier personel regarding the existence of fragile goods and handling them carefully. In line with this information, the BUYER sticks ''fragile'' tag on the fragile baggage in order to ensure its careful handling. Even in this case, the SELLER is not responsible for the broken goods. Materials prohibited in flight, explosives, weapons, sharp objects cannot be placed in the baggage. The BUYER accepts this situation by signing or approving this document. Otherwise, the responsibility belongs to the BUYER. The BUYER should get baggage approval voucher from the Bavulier personel after delivering his baggage. Identification card, ticket or credit card may be checked in branches for lost baggage approval vouchers. In this case, if the BUYER cannot prove his identity, he cannot receive the baggage. The BUYER cannot hold the SELLER responsible in case baggage has been approved but baggage voucher has not been received and there is no registry in the SELLER’s booking system. The SELLER is considered as the sole responsible in case of delays exceeding the undertaken delivery times, loss and damage. TL 300 as delay penalty, and TL 1200 for lost baggage will be transferred to the BUYER's credit card. Regarding problems faced due to delay of the baggage, the SELLER undertakes to transport the BUYER's baggages within 7 days abroad and 5 days within Turkey. The delivery times of the SELLER in domestic regions where mobile services are given may vary and the SELLER will definitely inform the BUYER regarding this matter according to operation times. In case the BUYER complaints about his damaged baggage, the relevant photograph will be shown to him/her from the system. If the damage is not registered in the system, the SELLER accepts to pay the BUYER TL 400 for the damaged baggage. Baggages bigger than 32 kg and 42x34x76 cm will not be accepted. If the BUYER submits his information via the electronic environment, he should accept the agreement online and declare that he accepts its provisions; if he gets the baggage service from the hotelbranch, he should sign the Bavulier baggage service user agreement form.
The BUYER should not share his credit card details with others. The BUYER accepts that he is the sole responsible of the security of this information and that the SELLER will not be responsible by any means in case his credit card details are used by another party. The BUYER accepts and declares that the SELLER is not directly or indirectly responsible for any omissions and defects of the BUYER regarding security, storage, use of the credit card details and keeping them away from the knowledge of third persons and that he will compensate any possible losses of the SELLER arising from his omission and defect.
DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER goes into default in the transactions made with his credit card, the holder of the card will pay interest within the credit card agreement made between him and the bank and will be responsible against the bank. In this case, the relevant bank may take legal actions and request the arising expenses and lawyer expense from the BUYER; and in any case, if the BUYER goes into default due to his debt, the BUYER accepts to compensate the damages and losses of the SELLER arising from delay in payment.
Regarding conflicts arising from this agreement, Consumer Arbitration Committees up to the value declared by Ministry of Science, Industry and Technology and Consumer Courts at the place of residence of the BUYER and SELLER are authorized, and Civil Courts of First Instance are authorized at places where Consumer Court is not available.
Until the baggage is delivered to the BUYER at the end of baggage transport service, the BUYER is deemed to have accepted all terms of this agreement. In case any provision of this agreement becomes void or invalid, other provisions of this agreement will remain valid. This agreement will be kept by the SELLER for three years and a copy will be given to the BUYER in case he requests.