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İNCİR VISA CONSULTANCY AND USER SERVICE AGREEMENT

ARTICLE 1: PARTIES

This Distance Service Agreement (“the Agreement”) is concluded electronically, on the terms set out below, between İncir Vize (“the Contractor / the Company”), which provides services via the website incirvisa.com, and the natural or legal person who requests a service on that site and makes payment (“the Client / the User”).

ARTICLE 2: SUBJECT OF THE AGREEMENT

The subject of this Agreement is the sale and performance of the visa consultancy and process-tracking service ordered electronically by the Client on the Company’s website incirvisa.com, and the determination of the parties’ rights and obligations in accordance with Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation.

ARTICLE 3: SCOPE OF THE SERVICE AND THE COMPANY’S PERFORMANCE

  • The Company undertakes to provide support and consultancy for the visa of the country requested by the Client, including obtaining a document list, completing the application form, tracking appointments and conducting a preliminary file review.
  • The Company’s performance is deemed complete when the visa application file has been prepared in full and brought to the stage at which it can be submitted to the competent authority.

ARTICLE 4: UNDERTAKINGS, DECLARATIONS AND LIMITATION OF AUTHORITY (DISCLAIMER)

  • Consular autonomy: the Client accepts and declares that the authority to grant or refuse a visa, request additional documents or determine the visa duration belongs exclusively to the embassy, consulate or competent immigration authority of the country concerned. The Company has no authority or undertaking to intervene in the visa outcome or to guarantee a visa.
  • Accuracy of declarations: the Client undertakes that all personal data, financial documents and information relating to the purpose of travel declared to the Company are true, complete and lawful. Administrative, civil and criminal liability arising from incomplete, misleading or forged documents submitted by the Client rests entirely with the Client.

ARTICLE 5: PAYMENT, CANCELLATION AND EXCEPTION TO THE RIGHT OF WITHDRAWAL (NON-REFUNDABILITY)

  • Non-refund principle: the visa consultancy service under this Agreement is a process that begins to be performed immediately and is personal to the Client. Accordingly, from the moment payment is made the Client has no right to terminate the agreement, withdraw or request a refund of the amount paid.
  • Statutory exception to the right of withdrawal: under Article 15(1)(ğ) of the Distance Contracts Regulation published in the Official Gazette, the consumer may not exercise a right of withdrawal in “contracts for services performed immediately in an electronic environment or for intangible goods delivered to the consumer immediately.” By making payment, the Client accepts that they know this and waive the right of withdrawal.
  • Irrelevance of the application outcome: if the visa application is refused by the consulate concerned, if the process is prolonged, or if the Client of their own volition abandons the travel, the consultancy fee paid is consideration for the service performed and is not refunded under any circumstances.
  • Official fees and additional costs: payments made to third parties, such as consular fees, application-centre processing fees, travel health insurance and courier charges, are independent of the Company’s service fee; the refund regime for those amounts is subject to the rules of the institutions concerned.

ARTICLE 6: CONFIDENTIALITY AND DATA PROTECTION (KVKK)

  • The Company processes the Client’s personal data in accordance with Law No. 6698 on the Protection of Personal Data (“KVKK”).
  • The Client accepts that they give explicit consent to the transfer of their passport, identity and financial information to the consulates of the country concerned, authorised application centres and sub-service providers in order for the visa application to be carried out.

ARTICLE 7: FORCE MAJEURE

In cases of force majeure beyond the Company’s control, such as war, natural disaster, epidemic, international diplomatic crises, suspension or restriction of consular operations, or changes in legislation, the Company cannot be held liable for failure to perform its obligations or for delayed performance, and the Client may not on that ground request termination of the agreement or a refund of the fee.

ARTICLE 8: PROHIBITION OF ASSIGNMENT

The Client may not assign or transfer to a third party the rights, obligations or consultancy service purchased under this Agreement.

ARTICLE 9: EVIDENCE AGREEMENT

In any dispute arising from this Agreement, the digital records, e-mail correspondence, log records and system records kept in the Company’s database and on its servers shall constitute exclusive and conclusive evidence pursuant to Article 193 of the Code of Civil Procedure No. 6100.

ARTICLE 10: COMPETENT COURT AND ENTRY INTO FORCE

  • The courts and enforcement offices of Istanbul shall have jurisdiction over any dispute arising from the application and interpretation of this Agreement.
  • When the Client makes a payment on incirvisa.com or confirms the form, they declare and undertake that they have read, understood and irrevocably accepted all articles of this Agreement.
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