terms of service
1. INTRODUCTION and DEFINITIONS
welcome to guideist. these terms of service regulates the relationship between you and guideist. please read them carefully.
for these terms of service;
i. ''you'' is referred to the person over the age of 18 or the company, or other legal entity on behalf of which such individual accesses the website or uses the service or services.
ii. ''guideist'' refers to the service provider, the company, social media accounts and the website (''we'', ''us'', ''our'').
iii. ''service provider'' means any natural or legal person who processes the data in collaboration with the company. it refers to the individual who made terms with the company to facilitate the service, to provide the service with the company, to perform services related to the service or t0 assist the company in analyzing how the service is used.
iii. ''company'' (referred to as ''the company'' in this agreement) refers to endemic tours, located on merkez mh. rıza güney sk. no: 1-b k: 4 d: 12 53400 ardeşen - rize, turkey.
iv. ''social media accounts'' refer to ''guideist'' youtube channel and instagram profile with the username ''guideist''.
v. ''website'' refers to https://www.guideist.com.
vi. ''services'' refer to any tour of guideist.
vii. ''device'' could be any device with internet who can access the service such as a smartphone, a computer or a digital tablet.
viii. ''third-party social media service'' refers to any website or social network website in which a user can log in or create an account to reach the services.
ix. personal data is any information that relates to an identified or identifiable individual.
x. usage data is referred to the data that's been collected automatically, either generated by the use of the service or from the service infrastructure itself. for example, how many times the user accessed the website.
2. SERVICE-RELATED CLAUSES
i. all bookings made through the website are subject to these terms of service.
ii. in any and all bookings, the person making the booking shall be deemed to have accepted these terms of service on behalf of all the persons named in the booking.
iii. as a condition of your use of the services, you represent and warrant that all information supplied by you in the course of the bookings you make is true, accurate, current and complete.
iv. you further represent and warrant that you (a) are not currently suspended and have not previously been banned by guideist from using the services; (b) are not acting on behalf of a competitor of guideist and (c) have full power and authority to enter into this legally binding agreement and in doing so will not violate any other agreement to which you are a party.
v. your use of the services is permitted by guideist only for personal, non-commercial use and/or to make legitimate requests to make a booking of the services offered. you agree not to use the services to make any speculative, false or fraudulent requests or bookings.
vi. you must advise us in writing at booking, of any physical, emotional or mental condition which may require professional attention during the trip or may require the use of special equipment. if you fail to disclose any such conditions, guideist may refuse to allow you to take the trip and you will forfeit the trip cost; and in such event guideist shall have no liability; financial or otherwise.
vii. you must further give us covid-19-related information about you, which is required by turkish ministry of culture and tourism. if you fail to disclose any such conditions, guideist may refuse to allow you to take the trip and you will forfeit the trip cost; and in such event guideist shall have no liability; financial or otherwise.
viii. we can not accommodate women past their sixth month of pregnancy.
i. guideist requires full payment in advance of the services.
ii. if you pay for any of our one-time payment plans, you agree to pay all fees or charges to your account for the service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable.
iii. if you have pre-purchased tickets to any sites visited or tours or site visits similar to the tour booked from an outside vendor, guideist is not responsible/liable for the reimbursement or prorating of any such fees.
iv. by providing us with your credit card number and associated payment information, you agree that guideist is authorized to verify information immediately and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required.
v. after the payment, an invoice is sent to your e-mail address by the company within 5 business days.
vi. we reserve the right at any time to change our prices and billing methods, either immediately upon posting on our site. any attorney fees, court costs or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.
2.3. cancellations & refunds
i. street walks
a. full refund can be provided for the cancellations made 24 hours in advance of the tour date.
b. no refund can be made for the cancellations made less than 24 hours in advance of the tour date.
c. guideist reserves the right to cancel any booking, 1 week prior to tour date, for any reason, without any notice. if such a cancellation is made by guideist, then the whole payment will be refunded in 10 business days.
d. no refunds or re-bookings can be made for no-shows or late arrivals, after tour commences.
cancellations and refunds for tailor-made services will be negotiated and agreed upon the particular contract of the service, due to the service's nature.
iii. general terms
a. all cancellations must be made in writing, via e-mail, with the invoice of the service attached.
b. a booking is considered successfully canceled or amended only after we send successful notification via e-mail and cancellation/amendment fees are assessed.
c. all services of guideist are sold as an entire package; as such there will be no possibility of partial refunds after a booking is made, for portions of a service that you have not decided to utilize or will not be able to utilize due to force majeure.
d. in case of a booking made by an unauthorized use of a credit card and the service is provided, then no payment will be refunded.
2.4. conduct of the services
i. please give yourself ample time to reach the meeting point. we are not responsible for failure to arrive at a tour meeting point on time.
ii. please ensure that all members of your party have a valid id (driving license, passport, etc.) on them on the day of the visit. you will be responsible for additional costs because of lack of id.
iii. if a site, attraction or visit on your scheduled tour service is closed due to force majeure; including strikes or other unforeseen closures, we will do our best to offer you a suitable substitution.
iv. if you require a wheelchair, you must provide your own small, collapsible wheelchair. certain features and certain trips are not wheelchair accessible. guideist can not guarantee any wheelchair assistance or accessibility in any destination.
v. guideist is not responsible for the costs of any medical treatment you may require during the trip. under no circumstances is guideist responsible for the quality of medical care or lack thereof, you may receive while on the trip.
vi. we may at our own discretion require any person to alight from a tour, without any liability, if we deem his or her conduct offensive or a nuisance to other attendants, or if behaving such a way as to constitute a risk to his or her safety or to the safety of other attendants.
vii. we do not provide any travel insurance and state that every attendant should have their own travel insurance.
3. SITE-RELATED CLAUSES
we grant you a revocable, non-exclusive, non-transferable, limited license to use the website strictly in accordance with the terms of this agreement.
3.2. use of the website
i. the content and information on the website (including, but not limited to; ''guideist'' brand, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material [collectively described herein as ''website content'']), as well as the infrastructure used to provide such website content, is proprietary to the service provider. you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any website content, or any products or services obtained from or through the website. any other use of the website content, products and/or services requires the prior written permission of guideist. additionally, you agree that you will not and will not assist or enable others to:
a. use the website or the website content for any commercial or unlawful purpose,
b. access, monitor or copy any website content using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the website or any website content for any purpose without our express written permission;
c. violate the restrictions in any robot exclusion headers on the website or bypass or circumvent other measures employed to prevent or limit access to the website;
d. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the website;
e. deep-link to any portion of the website for any purpose without our express written permission;
f. "frame", "mirror" or otherwise incorporate any part of the website into any other website without our prior written authorization;
g. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software;
h. use the website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the website;
i. use the website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
j. use the website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
k. use the website to promote bigotry or discrimination against protected classes;
l. use the website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
m. use the website to transmit pornography or illegal content;
n. use the website to solicit personal information from minors, or to harm or threaten to cause harm to, any person including minors;
o. attempt to gain unauthorized access to the website, computer systems or networks connected to the website through hacking, password mining or any other means;
p. use the website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
q. use any device, software or routine that interferes with the proper working of the website, or otherwise attempt to interfere with the proper working of the website;
r. use the website to violate the security of any computer network, crack passwords or security encryption codes;
s. disrupt or interfere with the security of, or otherwise cause harm to, the website; or
t. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the website, features that prevent or restrict the use or copying of website content, or features that enforce limitations on the use of the website.
ii. although we have no obligation to screen, edit or monitor any user content, we reserve the right, and has absolute discretion, to remove, screen, translate or edit without notice any user content at any time and for any reason.
ii. we collect information from you when you visit the website, book a service or join a service. we collect your following information:
a. personally unidentifying information: pages you visit, your ip address, browser type and language, date and time of your visit
b. e-mail address
c. name and surname
d. phone number
e. passport details
f. date of birth
g. covid-19 related, legally required info
h. visuals recorded/taken by us, during our services of which you can personally be excepted with a written request (collectively, ''visuals'')
i. any feedback, comments, ideas, improvements or suggestions (collectively, ''user content'') provided by you, by submitting which we will be granted worldwide non-exclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised, for any purpose; and use the name that you submit in connection with such content. you acknowledge that we may choose to provide attribution of such content at our discretion. you further grant guideist the right to pursue at law any person or entity that violates your or rights of guideist in the content by a breach of these terms of service. you acknowledge and agree that such content is non-confidential and non-proprietary. if it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; you have no objection to the publication, use, modification, deletion and exploitation of the content by guideist; you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and you forever release us from any claims that you could otherwise assert against us by virtue of any such moral rights.
iii. information stated on ''a'', ''b'', ''c'' and ''d'' may be used altogether or in part for one of the following purposes and/or on one of the platforms:
a. to give you info about the services you have booked
b. to send you newsletters about our services and campaigns both as guideist and endemic tours, from which you will be able to deny receiving, anytime you want
c. statistical analysis of our website
iv. information stated on ''e'' and ''f'' may be used altogether or in part for one of the following purposes and/or on one of the platforms;
a. including but not limited to displaying, reformatting, translating into other languages, editing for clarity and grammar, incorporating into advertisements and other works, creating derivative works from, promoting and distributing on the website and social media accounts.
b. to display advertisements and other information adjacent to or included with the visuals and/or the content on the website and the social media accounts. you are not entitled to any compensation for such advertisements. the manner, mode and extent of such advertising are subject to change without notice to you.
v. in some exceptional circumstances, information you shared with us may be shared with competent authorities. these include requirements by law, statutory decree, guidelines and requirements by legal authorities for their investigations.
vi. we keep your information for 10 years, in accordance with the turkish law of obligations with the code 6098.
vii. we implement a variety of security measures to maintain the safety of your personal information when you make a booking or submit your personal information. we offer the use of a secure server. all supplied sensitive/credit card information is transmitted via secure socket layer (ssl) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential. after a transaction, your private information (credit cards, social security numbers, financials, etc.) is never kept on file. we guarantee not to share your info with any other unrelated third-party. we can not, however, ensure or warrant the absolute security of any information you transmit to us or via us to any other third-party, or guarantee that your information on the service may not be accessed, disclosed, altered or destroyed by a breach of any of our physical, technical or managerial safeguards.
viii. we do not deliberately collect information from kids under the age of 13. if you are under 13, please do not submit any personally identifiable information to us.
x. we use remarketing services. remarketing is the practice of serving ads across the internet to people who might have already visited our website.
4. GENERAL TERMS
i. guideist, its affiliated entities and agents act only as agent for the various suppliers that provide transportation, accommodation, shopping, sightseeing, guiding, accompaniment, escort, activities, workshops or other services connected with any booked tours. such services are subject to the terms and conditions of those suppliers. guideist neither owns nor operates any person or entity which provides goods or services for these trips, tours and forms of transportation, and, as a result, do not maintain any control over the personnel, equipment, or operations of these suppliers, and assume no liability for and cannot be held liable for any personal injury, death, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (a) sickness, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws or other such causes (b) any wrongful, negligent, wilful, or unauthorised acts, defect, omissions or default on the part of any of the tour suppliers, or other employees or agents in performing these services, (c) any defect in or failure of any vehicle, equipment, instrument owned, operated or otherwise by any of these suppliers, or (d) any wrongful, wilful, or negligent act or omissions on any part of any other party not under the direct supervision, control or ownership of guideist. all services and accommodations are subject to the laws and regulations of the country in which they are provided. we are not responsible for any baggage or personal effects of any individual participating in the tours or trips arranged by us. individual travellers are responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects.
ii. guideist is not responsible for any changes made to the itinerary or for any negligent or wilful act or failure to act of any supplier or of any third party.
iii. some services include visits to shops and merchants. guideist is not responsible for any purchases you make during your trip, whether that merchant is part of the scheduled itinerary or not. by utilising the travel services of the suppliers, you agree that you will look to such suppliers for any accident, injury, property damage, or personal loss to you or to those travelling with you, and that neither we nor any representative of ours shall be liable.
iv. you alone are responsible for the content you submit on our website. you assume all risks associated with such content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in such content that makes you personally identifiable. you represent that you own, or have the necessary permissions to use such content as described herein. you may not imply that such content is in any way sponsored or endorsed by us.
v. we take no responsibility and assume no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is guideist liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the website.
vi. you are solely responsible for creating back-up copies and replacements of your content at your sole cost and expense. we have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content.
viii. notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this agreement and your exclusive remedy shall be limited to the amount actually paid by you for the website.
ix. to the maximum extent permitted by applicable law, in no event shall guideist or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including but not limited to; damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website or otherwise in connection with any provision of this agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
x. the website is provided to you ''as is'' and ''as available'' and with all faults and defects without warranty of any kind. to the maximum extent permitted under applicable law, we, on our own behalf, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and warranties that may arise out of course of dealing, course of performance, usage or trade practice. without limitation to the foregoing, we provide no warranty or undertaking and make no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
xi. without limiting the foregoing, we do not make any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the website, or the information, content and materials or products included thereon; (b) as to the accuracy, reliability or currency of any information or content provided through the website; or (c) that the website, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components and (d) that you will not be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. guideist does not endorse such content, and cannot vouch for its accuracy. you therefore access and use the website at your own risk.
xii. in no event we shall be liable for any special, direct, indirect, consequential or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the site or the contents of the site. we reserve the right to make additions, deletions or modifications to the contents on the site at any time without prior notice.
xiii. you agree to indemnify and hold us (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this agreement or any law or regulation; or (c) violation of any right of a third-party.
xiv. some states/jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer and incidental or consequential damages, so some or all of the above exclusions and limitations may not apply to you.
we reserve the right, at our sole discretion, to modify or replace this agreement at any time. what consitutes a material change will be determined at our sole discretion. by continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. if you do not agree to the new terms, you are no longer authorized to use guideist. amendment dates will be written at the top of this page.
this agreement will terminate immediately, without prior notice from guideist, in the event that you fail to comply with any provision of this agreement. termination of this agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this agreement) of any of your obligations under the present agreement.
i. you agree that no joint venture, agency, partnership, or employment relationship exists between you and any of the guideist as a result of these terms of service or use of the services.
ii. guideist's performance of these terms of service is subject to existing laws and legal process, and nothing contained in these terms of service limits guideist's right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the services or information provided to or gathered by guideist with respect to such use. to the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
iii. if any provision of this agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
iv. except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
v. this agreement constitutes the entire agreement between you and us regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and us and is effective as of 19/08/2020.
vi. you may be subject to additional terms and conditions that apply when you use or purchase our other services, which we will provide to you at the time of such use or purchase.
vii. any rights not expressly granted herein are reserved.
4.5. governing law and evidential contract
the laws of turkish republic, excluding its conflicts of law rules, shall govern these terms of service. in case of a dispute that can not be settled amicably, exclusive jurisdiction is conferred on the istanbul courts. in case of any unsettled dispute, computer records and any written documents of the parties will be used as evidence, due to civil procedures with the code: 6100.
4.6. your consent
by using our site or booking our services, you consent to these terms of service.
if you have any questions regarding these terms of service, please do not hesitate to contact us at email@example.com and we will be responding in 24 hours.