Distance Sales Agreement

1. PARTIES

1.1. INTERMEDIARY SERVICE PROVIDER (PLATFORM / ATOLIRA):

Trade Name: Kalkan Dijital Platform E-Ticaret Limited Şirketi
Registered Address: Yakuplu Mah., Hürriyet Bul., Skyport Sitesi, Skyport Residence No: 1, İç Kapı No: 151, Beylikdüzü / İstanbul, Türkiye
Email: info@atolira.com
MERSIS Number: 0123119987300001
Tax Office and Tax Number: Beylikdüzü – 4931528768
Trade Registry Number: 1153229

1.2. SERVICE PROVIDER (PARTNER / SELLER):

A third-party natural or legal person that organizes an Event/Workshop on the Atolira platform, determines its content, capacity, and terms, and whose trade name or full name, address, and contact details are clearly provided to the Participant on the relevant Event page.

1.3. BUYER (PARTICIPANT):

A natural person who, either as a registered member or without membership as a guest user, completes the registration purchase form electronically through the Platform and pays the price of the workshop/event participation right subject to the order. The Buyer’s name, surname, email address, telephone number, and billing information declared at the time of the order shall be taken as the basis.

ARTICLE 2 – DEFINITIONS

For the implementation and interpretation of this Agreement:

Platform: Kalkan Dijital Platform ve E-Ticaret Limited Şirketi, the owner and operator of the Atolira website (atolira.com) and its applications;

Partner / Service Provider: A natural or legal person that organizes, under its own responsibility, workshops, training courses, and other activities for cultural, artistic, entertainment, educational, sporting, and similar purposes and authorizes atolira.com to facilitate participation registrations and collect payments;

Participation Registration (Registration): A printed and/or electronic confirmation document and/or data generated for a registration made through atolira.com, transmitted through physical and/or electronic communication channels, and granting the right to participate in the relevant Event or Workshop;

Event: Any cultural, artistic, entertainment, educational, sporting, personal-development, social, educational, or other leisure activity organized by the Partner, for which atolira.com is authorized under this Agreement to facilitate participation registrations and reservations. An Event is not a “Travel/Tour” service but an entirely “Educational, Social, and Personal-Development-Oriented Leisure Activity.”

ARTICLE 3 – SUBJECT MATTER AND SCOPE OF THE AGREEMENT

This Agreement governs the rights and obligations of the parties under Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale of the right to participate in an Event ordered electronically by the Buyer through the Platform owned by the Intermediary Service Provider, Atolira; the characteristics and registration price of which are determined by the Partner (Service Provider); the management of registration processes; and payment facilitation.

Atolira’s Role: Atolira is an intermediary service provider and is not the party that organizes or directly provides the Event. The relevant Partner is the principal provider of the service.

ARTICLE 4 – CHARACTERISTICS, PRICE, AND PERFORMANCE CONDITIONS OF THE SERVICE

4.1. Type of Service: The service consists of facilitating registration, reservations, and payments for physical or online workshops/events listed on the website and provided by Partners.

4.2. The performance date, time, duration, and location of the service shall be as stated on the relevant workshop/event page. Following registration, these details shall be confirmed through the confirmation document, digital participation confirmation, and related information sent to the email address provided by the Buyer through the relevant communication infrastructure.

4.3. The service price is the amount displayed in the order summary, inclusive of all applicable taxes, including VAT.

4.4. Invoicing: The Partner is the principal provider of the service. The registration/service invoice for the workshop/event service shall therefore be issued exclusively by the relevant Partner in accordance with applicable legislation and delivered to the Buyer. Atolira, acting as the Intermediary Service Provider, shall issue an invoice to the Partner for the commission/intermediation fee earned in return for the platform and registration payment collection services it provides.

ARTICLE 5 – PAYMENT TERMS AND VIRTUAL POS SECURITY

5.1. The Buyer shall pay the registration/service price subject to this Agreement by credit card, debit card, bank transfer, or EFT through the infrastructure of licensed payment institutions contracted with and integrated into the Platform.

5.2. Authorization to Facilitate Payment Collection: By paying the registration price to Atolira in its capacity as the Intermediary Service Provider, the Buyer shall be deemed to have fully discharged their payment obligation to the Service Provider (Partner). Atolira is authorized to collect the registration price on behalf of the Partner, deduct the contractual commission, and transfer the remaining balance to the Partner after the Event.

5.3. For credit card transactions, card security is protected by the international security certifications and 3D Secure systems of the relevant virtual POS provider. The BUYER agrees that the service shall be deemed to have been performed fully and without defect upon verification of the digital participation confirmation generated by the system at the Event entrance or upon participation in the Event. If any unlawful, unjustified, or suspicious transaction or chargeback request is made after the service has been performed, the SELLER reserves the right to claim compensation for any resulting losses.

ARTICLE 6 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL AND CANCELLATION/REFUND TERMS

6.1. Statutory Exception (No Right of Withdrawal): Under Article 15(1)(g), titled “Exceptions to the Right of Withdrawal,” of the Regulation on Distance Contracts, consumers do not have a statutory right of withdrawal for “contracts relating to accommodation, transportation of goods, car rental, the supply of food and beverages, and leisure activities intended for entertainment or recreation that must be performed on a specific date or within a specific period.”

Accordingly, the statutory right of withdrawal may not be exercised for registrations made through the Platform for workshops and events taking place on a specific date.

6.2. Cancellation, Refund, and Rescheduling Principles:

  • The cancellation, refund, rescheduling, and notice-period terms applicable to each Event or experience are determined by the Partner (Service Provider) and clearly communicated to the Buyer on the relevant Event page before purchase.

  • Registrations may be offered as “Final Registration / Non-Refundable” or may be subject to specific cancellation periods determined by the Partner, such as 24 or 48 hours.

  • The Buyer cannot cancel a registration directly through the automated system. Cancellation and refund requests must be submitted in writing to the Seller through Atolira’s support/contact channels, including email or the support form, and only within the periods and under the conditions stated on the Event page.

  • If the request complies with the advertised cancellation terms of the relevant Event, Atolira shall process the cancellation and, where a right to a refund exists, initiate the refund through the original payment method. No refund, postponement, or date change shall be provided for Events identified as “Final Registration / Non-Refundable” or where the cancellation period has expired, without prejudice to mandatory statutory rights.

6.3. Cancellation or Postponement of the Service or Alternative Event: If a workshop is canceled by the Seller or Partner due to force majeure, adverse weather conditions, the instructor’s illness, or operational issues attributable to the Partner, the full registration price shall be refunded to the Buyer; OR, with the Buyer’s approval or at the Buyer’s request, the Event shall be postponed to a later date; OR an equivalent alternative Event/Workshop shall be offered to the Buyer and, if accepted, a new registration shall be created.

ARTICLE 7 – CONDITIONS OF PARTICIPATION, PUBLIC ORDER, AND AUTHORITY TO REMOVE PARTICIPANTS

7.1. General Conduct, Public Order, and Authority to Remove Participants: The Buyer (Participant) must comply with generally accepted standards of conduct, the internal rules of the venue, the instructor’s directions, and the rights of other participants during any physical or online Event.

Users who disturb other participants before or during the Event, disrupt the Event, disturb public order, or display aggressive or abusive behavior may be immediately removed from the Event venue or online session by the Seller, Partner, venue officials, or instructor. The registrations of persons removed under this provision shall be canceled, and no refund, postponement, or transfer of participation rights shall be provided.

7.2. Prohibition of Alcohol and Substance Use: Entering an Event venue while under the influence of alcohol, narcotics, stimulants, or any other perception-impairing substance is strictly prohibited.

This prohibition does not apply to workshops that include the tasting or serving of alcoholic beverages as part of the Event concept, provided that this is clearly stated by the Partner on the Event page and in its content. However, even at such Events, excessive alcohol consumption or disruptive behavior that threatens public order or Event safety is strictly prohibited.

Participants who are observed or reasonably suspected by venue officials, the Partner, or the instructor to be in such a condition shall not be admitted to the Event. If the Event has already begun, they shall be removed immediately. Their registrations shall be canceled, and no refund or compensation shall be provided under any circumstances.

7.3. Failure to Meet the “Who Can Attend” Criteria: It is the Buyer’s responsibility to ensure that they meet the “Who Can Attend” criteria stated for each workshop/Event on the website, including age restrictions, physical or technical skill levels, gender, medical conditions, and required preparation.

If the Participant’s condition at the venue is inconsistent with the information declared during registration, or if it is determined at the venue that the Participant does not meet the advertised participation criteria, the Participant shall not be admitted to the Event. In such circumstances, the service shall be deemed to have been performed, the registration shall be canceled, and no refund shall be issued.

7.4. Late Arrival: Whether a Participant arriving after the scheduled start time will be admitted is entirely subject to the internal procedures and Event rules determined by the relevant Partner. These rules may vary depending on the Partner or the nature of the Event.

The Seller has no obligation to provide any undertaking or guarantee regarding the admission of late Participants and shall bear no responsibility toward Participants who are not admitted.

7.5. Restrictions on Animals: The Partner reserves the right to prohibit all domestic or wild animals from entering the Event venue or premises, except for certified and specially trained assistance or guide dogs permitted under applicable legislation.

7.6. Restrictions on Outside Food and Beverages: The Partner is authorized to restrict or completely prohibit food and beverages brought into the Event venue by Participants where required by the venue’s organization, hygiene standards, or operating policies.

ARTICLE 8 – GENERAL PROVISIONS

8.1. The Buyer declares that they have read and understood the preliminary information provided on the website concerning the essential characteristics, sale price, payment method, and performance of the service subject to this Agreement and that they have provided the required electronic confirmation.

8.2. The Seller shall be responsible for ensuring that the service subject to the registration is performed in accordance with consumer legislation, without defects, and in compliance with the advertised characteristics and time periods, or for coordinating its performance by the Partner.

8.3. Unauthorized audio, photographic, or video recordings that may infringe property or intellectual property rights are prohibited during the performance of the service. The Buyer undertakes to comply with this rule.

8.4. The service purchased by the Buyer may not be transferred to third parties or subleased for the purpose of generating commercial profit.

8.5. The prices stated in the registration and order confirmation form may be updated in accordance with changes in statutory tax rates or decisions issued by public authorities.

8.6. The Seller shall exercise the necessary technical care to ensure the uninterrupted operation of the website but shall not be held responsible for interruptions caused by cyberattacks, infrastructure provider failures, or force majeure events.

8.7. Responsibility for the Security of Personal Belongings: The Seller shall have no legal, criminal, or compensatory liability if Participants’ personal belongings are lost, stolen, damaged, or otherwise harmed at the Event venue. The Participant shall bear full responsibility for their personal belongings.

8.8. Limitation of Liability: The Seller’s legal and financial liability toward the Buyer shall be limited to the registration price paid by the Buyer and the service fee collected in connection with the relevant transaction. The Seller assumes no additional undertaking, obligation, or pecuniary or non-pecuniary liability beyond these amounts regarding participation registrations or the content or performance of Events.

8.9. Storage and Accessibility of the Agreement: Following its electronic approval, this Agreement shall be retained in the Seller’s secure databases and systems. The Buyer may easily access the current and previous revised versions of the Agreement at any time through the “Privacy and Terms of Use” section of the website and may retain a printed copy if desired.

The Seller undertakes to ensure that the Buyer has uninterrupted access to the provisions of the Agreement and the general terms and conditions. Such access shall remain available for as long as the website is actively published.

8.10. Preliminary Information and Explicit Approval: Immediately before the order is completed and the Buyer proceeds to the payment screen, all details subject to the Agreement, including the total registration and service price payable by the Buyer, shall be clearly displayed on the Buyer’s screen.

By completing the registration and confirming the order, the Buyer shall be deemed to have freely accepted all terms of this Agreement.

8.11. Unauthorized Use of Information and Prohibition on Transferring Registrations: Any legal and criminal liability arising from transactions performed through the system using another person’s identity, contact, or financial information unlawfully or without authorization shall rest exclusively with the natural or legal person who performed such actions. The Seller shall have no legal or criminal liability toward third parties or Participants due to such unauthorized transactions.

After completing a registration through the Platform, the Buyer cannot cancel it directly through the automated system and must submit any request through Atolira’s support channels. Unless a cancellation/refund right is expressly granted on the relevant Event page, or if the applicable cancellation period has expired, the Seller shall have no obligation to issue a refund or postpone or change the registration. The participation right may not be transferred or sold to third parties.

8.12. Consent to the Recording and Use of Visual and Audio Media:

The Participant acknowledges that photographs, videos, and audio recordings may be taken during the EVENT by the Partner, Event Organizer, Instructor, or representatives of Atolira (atolira.com).

The Participant consents to the publication, processing, and sharing of these visual and audio materials for an unlimited period on the websites, social media accounts, mobile applications, and promotional and marketing materials of Atolira and/or the relevant Partner/Event Organizer without any royalty, similar payment, or additional permission being required.

The Participant further agrees, declares, and undertakes in advance that they shall not make any objection, complaint, claim for compensation, or other claim alleging that their personality rights have been violated in connection with such use.

8.13. Reservation Facilitation, Venue/Capacity Arrangements, and Prohibition on Commercial Use:

  • a) Intermediary Service and Limitation of Liability: Atolira (atolira.com) is an intermediary platform that facilitates participation services on behalf of the Partner organizing the EVENT for which the Participant has registered. Atolira is not authorized to determine participation/reservation prices, Event capacity, or arrangements at the Event venue, including seating plans, table or workbench layouts, mat or station arrangements, and work areas. All legal, administrative, and criminal liability arising from the content or quality of the Event, Workshop, or experience; venue safety; any bodily injury, property damage, or accidents occurring during the Event; or the failure to perform the service properly, including defective service, shall rest exclusively with the relevant Service Provider (Partner/Workshop). The Participant agrees that all requests and complaints relating to the provision of the service shall be addressed directly to the Service Provider.

  • b) Personal Use and Prohibition on Transfer: The Participant agrees that the participation registration/right has been purchased exclusively for personal use and without any commercial purpose. Unless expressly authorized in writing by the Partner or Atolira, the registration/participation right may not be resold to third parties for an additional fee, transferred for profit, or used in advertising, competitions, prize draws, promotions, or any other commercial activity. Any registration found to have been sold or transferred in breach of this provision may be unilaterally canceled by Atolira or the Partner without a refund.

8.14. If the Event is canceled by the Partner or due to force majeure, the Partner shall bear primary responsibility for refunding the registration price. However, the refund shall be processed through Atolira’s payment infrastructure and returned directly to the card or account used by the Buyer for payment.

Atolira reserves the right to deduct any amount refunded to the Buyer from payments due to the Partner or to seek recourse against the Partner for such amount.

ARTICLE 9 – COMPETENT COURTS AND DISPUTE RESOLUTION

9.1. Applicable Law and Preliminary Information Declaration: All rights, obligations, and terms arising from this Agreement shall be governed by Turkish law.

Before the registration becomes final, the Seller shall have provided the Buyer with complete and transparent information regarding the content of the Agreement and the Buyer’s statutory rights. By confirming the order, the Buyer agrees, declares, and undertakes that all required preliminary information has been provided.

This provision shall constitute the beginning of written evidence and conclusive evidence between the parties under Law No. 6100, the Code of Civil Procedure.

9.2. Dispute Resolution and Jurisdiction Agreement: For any dispute arising from this Agreement or the registration processes, the parties’ primary objective shall be to resolve the matter amicably and in mutual good faith.

Where a dispute cannot be resolved amicably, the Buyer may submit complaints and objections to the Consumer Arbitration Committees or Consumer Courts within the monetary thresholds announced annually by the Ministry of Trade.

The İstanbul (Çağlayan) Courts and Enforcement Offices shall have exclusive jurisdiction over all commercial and legal disputes arising from the implementation of this Agreement.

This provision constitutes a “Jurisdiction Agreement” between the parties under Article 17 of the Code of Civil Procedure.