TURKISH AIRLINES OFFICIAL STORE

TERMS OF USE

This Terms of Use Agreement (the “Agreement”) is concluded between the User and Türk Hava Yolları A.O. (“THY”), having its registered office at Türk Hava Yolları A.O. Genel Yönetim Binası, Yeşilköy Mahallesi, Havaalanı Caddesi, No.3/1, 34149, Bakırköy/İstanbul, with registered electronic mail (KEP) address [email protected], e-mail address [email protected], telephone number +90 212 4636363 and MERSIS number 0876004746400017, for the purpose of governing the principles and conditions relating to the use of the Platform and the rights and obligations of the parties.

THY and the User shall hereinafter be referred to jointly as the “Parties” and individually as a “Party”.

Article 1 - Definitions

User: Means each natural person who uses the Platform within the conditions set out in this Agreement. The term User covers the Visitor, the Guest Buyer and the Member.

Visitor: Means the user who accesses the Platform and views the product catalogue without becoming a member and without placing an order.

Guest Buyer: Means the user who places an order without becoming a member of the Platform (guest shopping).

Member: Means the user who becomes a member of the Platform by approving the Membership Agreement.

Seller: Means the legal entities which offer THY's licensed products for sale on the Platform under the agreement they have concluded with THY.

Platform: Means the website named “Turkish Airlines Official Store” belonging to THY, through which Users may benefit from the Platform Services.

Platform Services: Means the various products and/or services made available, or to be made available in the future, to Users on the Platform by the Sellers.

Article 2 - Subject Matter, Purpose and Scope of the Agreement

2.1 This Agreement governs the principles and conditions relating to the use of the Platform and, as regards Visitors and Guest Buyers, constitutes the sole basis for the use of the Platform. As regards Members, this Agreement applies together with the Membership Agreement; in the event of any conflict between the two texts, the provisions of the Membership Agreement shall prevail in matters relating to the membership relationship. Orders placed through the Platform are subject to the provisions of the Distance Sales Agreement and the Preliminary Information Form.

2.2 THY is not the seller or the supplier of, nor the party responsible for the performance of, the products and services made available or to be made available to Users on the Platform. The legal relationship between the User and the Seller falls outside the scope of this Agreement and THY is not a party to that relationship. THY bears no liability whatsoever in respect of claims arising out of the legal relationship between the User and the Seller or relating to defects, deficiencies or improper performance, delivery, returns, warranty, after-sales services and similar matters concerning the Seller's products and services.

2.3 The User acknowledges, declares and undertakes that THY gives no warranty or undertaking in respect of the contract to be concluded between the Seller and the User, and that THY is not liable for any damage that may arise in that context.

2.4 Use of the Platform is free of charge; this Agreement enters into force upon its approval by the User in the electronic environment, whereupon all of its provisions are deemed to have been accepted by the parties. It continues for an indefinite term until terminated by one of the parties in accordance with its provisions.

Article 3 - Conditions of Use

3.1 In order to use the Platform, it is required to:

have completed 18 (eighteen) years of age and have legal capacity to act under the relevant legislation;

accept the provisions of this Agreement.

3.2 Where the User places an order, the User is responsible for the accuracy, currency and accessibility of the contact details and other personal data provided. The security of the contact details, such as the e-mail address and telephone number, provided when placing the order is likewise the responsibility of the User. THY cannot be held liable for any delay or damage arising from the User's failure to declare completely and accurately the information requested, such as name, surname, address, e-mail and telephone, which is required for the order and the invoice to be issued and for delivery to be effected.

3.3 The scope of the information required in order to use the Platform is determined by THY and may, where necessary and at THY's discretion, be amended or extended. Any person who does not wish to provide such information may not use the Platform. In order for use of the Platform to continue, the person must provide the information included in the extended list of information and update their information in the event of any change.

Article 4 - Placing Orders Without Membership

4.1 The User may also place an order without becoming a member of the Platform. In guest shopping, only the information necessary for the creation of the order, the issuance of the invoice, the collection of payment and the effecting of delivery is requested from the User.

4.2 The Membership Agreement does not apply to guest shopping. The Distance Sales Agreement and the Preliminary Information Form apply to the order relationship, and this Agreement applies to the use of the Platform.

4.3 Since the Guest Buyer has no membership account, a copy of the approved Preliminary Information Form and of the Distance Sales Agreement is sent, following order confirmation, on a durable medium to the e-mail address notified by the Guest Buyer. Order tracking, returns and withdrawal transactions are carried out using the order number and that e-mail address.

4.4 The Guest Buyer benefits from the rights arising from consumer legislation in the same manner as Members. However, the Guest Buyer may not benefit from services offered in connection with membership, such as past order records, personalised content and recommendations.

4.5 Personal data shared within the scope of guest shopping is processed in accordance with the principles set out in the Turkish Airlines Official Store Data Protection Notice.

Article 5 - Services Offered Within the Scope of Use of the Platform

5.1 The User may benefit from the following services in line with the technical features and current practices of the Platform:

- access to the product catalogue on the Platform;

- the ability to create orders and to track their orders;

- being informed of campaigns, announcements and special offers in line with their preferences;

5.2 THY reserves the right to amend or withdraw, in whole or in part, the Platform and the cooperations within the scope of the Platform at any time.

5.3 THY may develop, amend or discontinue the scope, content and technical features of the services offered on the Platform without prior notice.

5.4. The User acknowledges, declares and undertakes that all liability for the consequences of the choices made during purchases and the related payment transactions carried out through the Platform rests with the User. The collection of online payments made instantly by the User with a debit card, credit card or similar payment instrument in order to purchase goods and/or services through the Platform shall be effected by the Seller.

Article 6 - Rights and Obligations of the Parties

6.1 The User agrees to act in compliance with the Platform rules, the applicable legislation and the provisions of this Agreement when using the Platform.

6.2 The User agrees in particular:

- not to engage in any transaction that is unlawful or that infringes the rights of third parties;

- not to use payment instruments belonging to others (credit cards, bank accounts, etc.) in an unauthorised or unlawful manner;

- not to infringe the rights of other users or third parties, not to record the personal data of other users in breach of the relevant legislation and not to misuse such data;

- not to use software, systems or methods capable of damaging the infrastructure of the Platform or of impairing its security or operation;

- not to derive any unjustified benefit from infrastructure vulnerabilities that may arise on the Platform;

- not to reproduce, distribute or use the content on the Platform for commercial purposes without THY's written consent;

- to provide accurate information where an order is placed;

- to ensure that the content uploaded to the Platform (comments, photographs, etc.) is lawful.

6.3 Where THY is held liable towards third parties or faces an administrative sanction as a result of the User's conduct in breach of this Agreement and of the applicable legislation, THY reserves the right of recourse against the relevant User for such damages together with their ancillary elements.

6.4 The User acknowledges, declares and undertakes that THY is not a party to the preliminary information form, the distance sales agreement or any other document to be concluded with the Seller, or to any dispute arising out of such documents; that the sole addressee of any claim relating to the preliminary information form, the distance sales agreement and/or the product or service subject to the sale shall be the Seller; and that THY bears no legal or contractual liability in respect of such claims.

6.5 The User acknowledges, declares and undertakes that THY has no undertaking, transactional commitment or obligation whatsoever, under any legislation including but not limited to the Law on Consumer Protection, in the capacity of seller, supplier, manufacturer, producer, dealer, agent, advertiser, media organisation or under any other designation whatsoever. THY has no knowledge of, and bears no liability for, the products/services purchased through the Platform, including but not limited to the purchase of the products or services offered through the Platform by the User, whether or not the product is defective, the product not being sent in the desired quantity or in the desired manner, damage to the product packaging, problems arising during the transport of the product, improper performance of the service, any transaction relating to the return or exchange of the product, whether or not the product falls within a prohibited category or is contraband, and the nature and quality of the product. This provision does not eliminate the cases of liability arising from mandatory legislation or the obligations of the intermediary service provider under the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği).

6.6 The User acknowledges, declares and undertakes that, without prejudice to the cases of liability arising from mandatory legislation, THY bears no liability whatsoever for any inability to access the Platform or to use the Platform, including as a result of technical failures, and that the User shall raise no claim against THY in that respect.

6.7 The Platform may contain links, advertisements or announcements relating to other websites or applications which are not under THY's control and which have not been established, are not operated and are not regulated by THY; it may contain references to such websites or applications. THY is not responsible for the content of such other applications or websites, for any other links, advertisements, announcements and/or references contained therein, or for the products/services they offer. Such links do not constitute an endorsement of the owner of the linked website or of the person operating that site, nor any declaration or undertaking as to any information, statement or image contained therein. Likewise, THY is not responsible for the products, services and other content promoted or undertaken by the advertisements, promotions or banners featured on the Platform or linked through the Platform.

Article 7 - Processing of Personal Data

7.1 THY may use the user information necessary for the operation of the Platform within the scope of the Agreement and may share it with the third parties and relevant organisations set out in the Turkish Airlines Official Store Data Protection Notice (the “Notice”) for the purpose of carrying out the activities within the scope of the Agreement.

7.2 The User's personal data is processed by THY within the scope of Law No. 6698 on the Protection of Personal Data (Kişisel Verilerin Korunması Kanunu) and the relevant legislation. The procedures and principles relating to the processing and transfer of personal data are set out in the Notice and in the Cookie Policy available at store.turkishairlines.com. Explicit consent and approvals relating to the presentation of personalised content and offers by means of profiling and to the sending of commercial electronic messages are obtained separately through the Explicit Consent and Approval Text.

Article 8 - Intellectual Property Rights

8.1 The intellectual and industrial property rights in the trademarks, logos, trade names, designs, texts, images, audio, video, software and all other content featured on the Platform belong to THY or to the relevant rightholders and are protected under national and international legislation.

8.2 The User may not copy, reproduce, modify, publish, communicate to the public or use for commercial purposes the content featured on the Platform without THY's prior written permission.

8.3 Use of the Platform may not be construed as granting the User any transfer, licence or right of use in respect of the intellectual property rights referred to in this Article. Unauthorised use may give rise to civil and criminal liability.

Article 9 - Amendments to the Agreement

9.1 THY may unilaterally amend this Agreement in order to ensure the continuity of the Platform, to modify the services offered or in line with operational requirements.

9.2 The updated Agreement is published on the Platform. Where an amendment imposes a new obligation on the User, restricts the User's benefit from an existing right or renders the use of the Platform subject to a charge, the amendment enters into force no earlier than thirty (30) days after notification has been made to the e-mail address provided by the User to the Platform. The User may terminate the Agreement within that period; where use is terminated, the amendment does not take effect in respect of the User. Other amendments enter into force on the date they are published on the Platform.

Continued use of the Platform after amendments to the Agreement have entered into force means that the amendments have been accepted.

9.3 Amendments made to the Agreement do not affect legal transactions completed before their entry into force.

9.4 THY reserves the right to amend, at any time, the website on which the Platform is hosted or the content, design and software of the Platform, to amend, suspend or discontinue any service provided to users, and to delete at any time the user information and data recorded on the website or on the Platform.

Article 10 - Suspension and Termination of the Agreement

10.1 THY may suspend or permanently terminate the Agreement, without prior notice, in the following cases:

- where THY determines, or has reasonable suspicion, that the User has acted in breach of the obligations set out in this Agreement, has misused the services offered on the Platform or has engaged in activities jeopardising them, or where the user information is found to be untrue;

- where it is determined that the User has created an order by using, without the knowledge of the holder and in an unauthorised or unlawful manner, the details of credit cards, debit cards or other payment instruments belonging to third parties, where THY receives a notification to that effect from the relevant banks or payment institutions, where there is reasonable suspicion or indication thereof, or where the actual cardholders raise a chargeback through their banks;

- where software, systems or methods capable of damaging the infrastructure of the Platform or of impairing its security or operation are used, or where an unjustified benefit is derived from infrastructure vulnerabilities that may arise on the Platform;

- where the content featured on the Platform is reproduced, distributed or used for commercial purposes without THY's written consent;

- where action is required to be taken in accordance with the relevant legislation or with the request or decision of the competent authorities.

10.2 Upon termination of the Agreement, the User's personal data may continue to be retained in accordance with the periods determined under the Law on the Protection of Personal Data and the relevant legislation.

Article 11 - Evidential Agreement

The Parties acknowledge and declare that, in any dispute that may arise out of this Agreement and out of the use of the Platform, the electronic records and system records, logs, digital data, commercial books and computer records kept in the databases and servers of THY and of the third-party service providers from which THY receives services shall constitute valid and binding evidence pursuant to Article 193 of the Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu).

Article 12 - Assignment of the Agreement

THY is entitled, at any time and without obtaining the User's consent, to transfer, assign or sub-license to third parties, in whole or in part, its rights and obligations arising from this Agreement, the Platform, its business or its database. The User may not in any way transfer to third parties its rights and obligations arising from this Agreement.

Article 13 - Severability

In the event that any provision of this Agreement is rendered invalid or unenforceable, in whole or in part, by any competent court, this shall not affect the validity of the remaining provisions and the Agreement shall remain in full force and effect with its remaining articles.

Article 14 - Governing Law and Dispute Resolution

The interpretation and application of this Agreement and the resolution of disputes are subject to the laws of the Republic of Türkiye. Where the User holds the capacity of consumer, disputes shall be resolved, up to the monetary limit announced each year by the Ministry of Trade pursuant to Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun), before the provincial or district consumer arbitration committees at the place where the consumer transaction was carried out or where the User's domicile is located; and, for disputes exceeding that limit, before the consumer courts at the place where the consumer transaction was carried out or where the User's domicile is located, provided that recourse is had to a mediator before an action is brought, pursuant to Article 73/A of the Law. Where the User does not hold the capacity of consumer, the courts and enforcement offices of Bakırköy, İstanbul shall have jurisdiction.

In the resolution of disputes, settlement between the parties by way of negotiation shall be sought as a matter of priority. Where the User holds the capacity of consumer, the right to apply to the Consumer Arbitration Committees in order to exercise its statutory rights is reserved.

Article 15 - Contact

THY may be contacted through the following channels for any question, request or complaint relating to the Agreement:

- Web: https://feedback.turkishairlines.com/

- E-mail: [email protected]

THY endeavours, as a matter of principle, to respond to the requests submitted within a reasonable period, also taking into account the restrictions in the legislation.

THY may use as a valid means of communication the notifications to be made through the e-mail address provided by the User when placing an order. The User is obliged to update without delay any change in its contact details after placing an order. THY is not liable for the consequences that may arise from a notification failing to reach the User due to contact details that have not been updated. As regards Users who place orders without becoming members, notifications are made to the e-mail address notified at the time of the order.

To confirm that you have read, understood and accepted this Agreement, it is sufficient to click the button indicating that you approve the terms of use agreement.

Türk Hava Yolları A.O.

Turkish Airlines Official Store