1. Scope and Parties
1.1. These Terms govern the relationship between the Platform and the independent tour guides (“Guide”, “Guides”) who create a profile on OfficialGuides.com.
1.2. PLATFORM: Proconn Yazılım ve Uygulama — Yusuf Sipahi, operator of OfficialGuides.com Cevizli Mah. Tugay Yolu Cad. A Blok No: 69A İç Kapı No: 34, Maltepe / Istanbul, Türkiye Kartal Tax Office — 5570001632 · +90 533 550 88 35 · [email protected] (“Platform” or “OfficialGuides.com”)
1.3. By creating a profile and publishing a listing on OfficialGuides.com, the Guide accepts these Terms.
1.4. Note for travellers. No payment is taken by the Platform. Travellers do not enter into any contract with the Platform and owe it nothing. Any agreement concerning a tour — its scope, price, payment and cancellation — is made directly between the traveller and the Guide.
2. Role of the Platform
2.1. The Platform is a digital intermediary. Its function is to publish Guide profiles and listings, to make Guides discoverable by destination and language, and to provide communication tools through which travellers and Guides can reach each other.
2.2. The Platform does not organise, sell, resell, promise or guarantee any tour. It is not a travel agency, tour operator or payment service provider.
2.3. The Platform is not a party to the agreement between the Guide and the traveller. It does not collect, hold or transfer any tour payment. All payments for the tour are made directly by the traveller to the Guide, by the method the Guide determines.
2.4. Guides are independent professionals. No employment, agency, partnership or representation relationship exists between the Platform and any Guide.
3. Guide Obligations
3.1. The Guide declares that they hold the professional licence or authorisation required to guide in the destination in which they operate, and undertakes to keep it valid. Licence details submitted by the Guide are published on their profile.
3.2. The Guide is responsible for the accuracy of all information published on their profile: identity, licence, languages, tours offered, prices and availability.
3.3. The Guide sets their own prices and terms, responds to travellers directly, and is solely responsible for performing the tour.
3.4. The Guide undertakes to respond to enquiries received through the Platform within a reasonable time and to inform the traveller promptly if unavailable.
3.5. The Guide undertakes to report to the Platform every tour arranged through a contact originating from the Platform, and to do so on completion of that tour.
4. Service Fee
4.1. Registration, profile creation and listing publication on OfficialGuides.com are free of charge. There is no subscription or monthly fee.
4.2. Service Fee: For each tour arranged through the Platform, the Guide pays the Platform a service fee equal to 15% of the total tour fee agreed between the Guide and the traveller.
4.3. The Service Fee becomes due after the tour has been completed.
4.4. The Service Fee is calculated in EUR. Where the tour fee is agreed in another currency, conversion is made at the European Central Bank rate on the date the tour was completed.
4.5. The Service Fee is paid by bank transfer to the account notified by the Platform, within [7] days of the tour being completed.
4.6. The Platform issues the Guide an invoice or payment notice for the Service Fee.
4.7. No fee is due where a tour does not take place, is cancelled, or where the traveller does not pay the Guide.
5. Non-Payment and Suspension
5.1. Where the Service Fee is not paid within the period in Article 4.5, the Platform may send a reminder and, if payment is still not made, suspend the Guide’s profile from publication.
5.2. Repeated failure to report tours as required by Article 3.5, or repeated non-payment, entitles the Platform to terminate these Terms and remove the Guide’s profile.
6. Limitation of Liability
6.1. The Guide is solely responsible for the performance, non-performance, defective performance, cancellation or modification of a tour and for any loss or damage arising in connection with it. The Platform bears no liability whatsoever towards travellers or Guides in these respects.
6.2. The Platform does not guarantee that a Guide will receive any particular volume of enquiries or bookings, and gives no undertaking as to earnings.
6.3. The Platform makes reasonable efforts to keep the site available but does not guarantee uninterrupted operation.
6.4. The Platform’s total liability under these Terms is in all cases limited to the Service Fees received from the Guide concerned during the preceding twelve months.
7. Term and Termination
7.1. These Terms take effect when the Guide’s profile is published and remain in force until terminated.
7.2. The Guide may request removal of their profile at any time. Service Fees that have already fallen due remain payable.
7.3. The Platform may remove a profile where the Guide breaches these Terms, publishes false information, or where the licence declared under Article 3.1 proves to be invalid.
8. Personal Data
8.1. Personal data are processed in accordance with the Privacy Policy.
8.2. Information the Guide publishes on their profile is publicly visible on the site. The Guide consents to its publication.
9. Amendments
The Platform may amend these Terms. Guides are notified by e-mail of material changes. Continued use of the Platform after the effective date constitutes acceptance.
10. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Türkiye. The Istanbul (Anadolu) Courts and Enforcement Offices have jurisdiction over any dispute arising from them.
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