1. Parties
Seller: MERHABA TURİZM İTHALAT İHRACAT SANAYİ VE TİCARET LİMİTED ŞİRKETİ, Mecidiyeköy Mah. Mecidiyeköy Yolu Cad. Elbir İş Hanı No: 6 İç Kapı No: 12, Şişli / İstanbul, Tax office: Zincirlikuyu, Tax number: 6170410000, MERSİS number: 0617041000022935, TÜRSAB licence: 9634. Email: accounting@merhabatourism.com. Phone: +90 212 533 05 34. Website: www.merhabaconnect.com.
Buyer: the business that holds the company account on the portal and places the order, identified by the details registered in that account at the time of the order: company name, country, tax number if given, contact person, email and phone number. The user who places the order confirms that they are authorised to act for it.
2. Nature of the agreement: a sale between businesses
This is a distance sale between businesses. The Buyer confirms that it buys for commercial or professional purposes and is not a consumer under Turkish Consumer Protection Law No. 6502; that Law and the Distance Contracts Regulation (Mesafeli Sözleşmeler Yönetmeliği) made under it therefore do not apply, and this agreement is governed by the Turkish Code of Obligations No. 6098 and the Turkish Commercial Code No. 6102. We may refuse or cancel an order where this is not the case.
3. Subject
The subject of this agreement is the sale of the prepaid travel eSIM data plans listed in the order, as shown in the cart and on the order page before payment (destination, data volume, validity, networks, quantity and price), and of the top-ups later requested for those eSIMs from the eSIM's page in the account, which shows the top-up's data volume, days and price before it is requested. eSIMs are intangible goods and services delivered electronically; nothing is shipped.
Plans are data only, with no phone number, calls or SMS. The Buyer supplies them to its travellers under the Terms of Service, which also set out the device, installation, validity and coverage conditions.
4. Price, currency and payment
Prices are set for each Buyer in US dollars and shown after sign-in; the new order page, the cart and the order page also show their Turkish lira and euro equivalents at the latest forex selling rate of the Central Bank of the Republic of Türkiye (TCMB). Portal prices exclude VAT and other taxes.
The Buyer chooses the payment currency on the payment page from those offered there (Turkish lira, euro or US dollars). The amount shown there in the chosen currency or, for a bank transfer, another method we confirm in writing, or an order on which Turkish law requires VAT or another tax, the amount in our written confirmation, including any such tax, is the total price of the order and does not change with later exchange-rate movements. For a Buyer resident in Türkiye, wherever Decision No. 32 on the Protection of the Value of Turkish Currency requires it, the price is set and paid in Turkish lira.
Each order is paid in full before delivery, by card through the bank's 3D Secure page where the payment page offers it, or by bank transfer or another method we confirm in writing. Card details are sent over an encrypted (TLS) connection through our server to the bank; we never store the card number, expiry date or security code (CVC). An order not paid within 14 days is cancelled automatically.
5. Conclusion of the contract and delivery
Placing an order in the portal is the Buyer's offer. The contract for each eSIM is concluded when we confirm payment and issue that eSIM; until then we may decline the order or any eSIM in it, returning anything paid for what is not issued.
After payment is confirmed, each eSIM is delivered electronically in the Buyer's account as a QR code and activation codes, with a traveller link and a PDF voucher. This usually takes seconds to a few minutes but is not guaranteed. Each eSIM is issued separately, so an order may be delivered in part; if an eSIM cannot be issued after a retry, we return the amount paid for it.
Our performance for each eSIM is complete when it is available in the Buyer's account. Its installation, activation and use then follow the Terms of Service.
6. Right of withdrawal
As a business, the Buyer has no statutory right of withdrawal (cayma hakkı). In addition, where the Distance Contracts Regulation could apply, its Article 15(1)(ğ) excludes from withdrawal services performed instantly in electronic form and intangible goods delivered instantly, which is how eSIMs are delivered.
Cancellations and refunds are therefore available only under the Refund Policy, which forms part of this agreement.
7. Cancellation and refunds
In short, only an eSIM that has never been installed, and whose install-before date has not passed, can be refunded; some plans cannot be refunded at all, and the portal marks them when ordering. The details are in the Refund Policy.
Card payments are refunded to the same card in the currency charged; we start the refund within 7 business days of approving it, and the card issuer decides when it appears. Other payments are returned by bank transfer or another method agreed with the Buyer.
8. Acceptance, records and evidence
At checkout, before payment, the Buyer ticks two boxes: one confirming that it has read and accepts the Terms of Service, the Pre-Information Form and this agreement, and one confirming that it has read the Refund Policy and the Privacy Policy (KVKK notice). The order cannot be placed without them. We store this acceptance with the order: its time, the user who accepted and the version of the texts.
Under Article 193 of the Turkish Code of Civil Procedure No. 6100, the parties agree that the portal's electronic records, including the acceptance record, order, payment and refund records and the emails we send, are valid evidence, while the Buyer may still prove otherwise.
The Buyer can open this agreement on the portal at any time and save or print it. We keep the version accepted for each order and send a copy on request.
9. Governing law, disputes and language
This agreement is governed by the laws of the Republic of Türkiye. Before filing a lawsuit for a money claim, the parties apply to mediation where Article 5/A of the Turkish Commercial Code No. 6102 requires it. Any dispute falls under the exclusive jurisdiction of the courts and enforcement offices of Istanbul, Türkiye; Merhaba Tourism may also bring proceedings before the courts of the Buyer's place of business.
Matters this agreement does not cover follow the Terms of Service. This agreement is published in Turkish, Arabic and English; if the versions differ, the Turkish version prevails.