Distance Sales Agreement

1. Parties

This Distance Sales Agreement (“Agreement”) is entered into electronically between:
Traveler (Consumer): A natural person who books and purchases an experience via the Platform for personal purposes, and
Local (Service Provider): An independent individual who offers and provides experience services through the Platform.
LocalExperience.co, operated by Siliconmade ARGE Yazılım Bilişim A.Ş. (“Siliconmade”), acts solely as an intermediary marketplace platform and is not a party to this Agreement.



2. Purpose and Scope

This Agreement governs the remote (distance) sale of experience or guiding services offered by the Local and booked by the Traveler through the online marketplace platform LocalExperience.co (the “Platform”).
The Platform provides only the technological infrastructure and payment facilitation that allows the Traveler and the Local to enter into a direct service agreement with each other.
All services are provided independently by the Local.
LocalExperience does not organize, operate, or sell any travel or guiding services.



3. Nature of the Contract

This Agreement is concluded electronically (remotely) through the Platform interface and is valid upon the Traveler’s digital confirmation during the booking process.
The Platform enables the technical means for:
Displaying Local-offered experiences,
Processing booking requests and confirmations, and
Facilitating secure payment transactions.
LocalExperience acts as a neutral intermediary in the digital contracting process between the Traveler and the Local.



4. Description of the Service

The service subject to this Agreement consists of experience, tour, or guiding activities offered by the Local.
All descriptions, photos, and information regarding the Experience are provided by the Local and published on the Platform under the Local’s responsibility.
LocalExperience does not verify or guarantee the accuracy, legality, or completeness of any Experience content.



5. Reservation, Payment, and Confirmation

5.1 Reservation Validity
A reservation becomes valid only after the Local confirms it through the Platform. The Traveler will receive a confirmation notice via email or system notification.

5.2 Payment Processing
All payments are collected via licensed electronic payment providers.
The Platform does not store or access card data; all transactions are handled securely by licensed Payment Service Providers (PSPs) in compliance with PCI-DSS and KVKK standards.
The payment amount is temporarily held in a secure escrow account until the Experience is completed.
After successful completion, the payment (minus the service commission) is released to the Local.

5.3 Invoicing
LocalExperience.co issues an invoice for the service commission (intermediary fee).
The Local issues a separate service invoice for the Experience provided to the Traveler.



6. Right of Withdrawal and Cancellation

6.1 Right of Withdrawal
Pursuant to the Turkish Law No. 6502 on Consumer Protection and the Distance Sales Regulation, the Traveler has the right to withdraw from the contract without penalty up to 24 hours before the Experience begins, provided that the service has not yet been performed.
If the service has started with the Traveler’s explicit consent, the right of withdrawal no longer applies under Article 15(b) of Law No. 6502.

6.2 Cancellations
Cancellations are governed by the following Platform policies:
Traveler Cancellation Policy
Local (Guide) Cancellation Policy
Refunds, if applicable, are processed in accordance with these policies.
LocalExperience acts only as an intermediary in processing cancellations and refunds.

6.3 Refund Execution
LocalExperience executes refund operations on behalf of the Local where required.
Refunds will be processed through the same payment method used by the Traveler.
The Platform bears no financial liability beyond those explicitly stated in the applicable policies.



7. Fees, Taxes, and Invoicing

The service price for each Experience is determined solely by the Local.
LocalExperience retains only its in termediary service commission.
The Local is fully responsible for all applicable taxes (including VAT, income tax, or local taxes) arising from their earnings.
The Traveler is not charged any hidden or additional fees beyond those shown at checkout.
LocalExperience does not act as a tax agent or representative of the Local.



8. Obligations of the Parties

Traveler’s Obligations:
Provide accurate booking details and personal information;
Arrive on time and comply with the agreed schedule;
Respect the Local’s instructions, local laws, and safety rules;
Use the service for personal and lawful purposes only.
Local’s Obligations:
Perform the Experience in a professional, safe, and lawful manner;
Ensure that the service matches the description shown on the Platform;
Possess and maintain any required professional or municipal licenses if applicable;
Inform Travelers of any potential risks before the Experience begins;
Issue an appropriate invoice to the Traveler and declare applicable taxes.
Platform’s Obligations:
Provide only technological infrastructure and payment facilitation;
Maintain operational security and data privacy compliance;
Not interfere in the contractual relationship between Traveler and Local.



9. Platform Disclaimer

LocalExperience.co:
Does not guarantee the quality, safety, or fulfillment of any Experience provided by Locals;
Is not a contracting party to the agreement between Traveler and Local;
Shall not be held liable for any loss, damage, delay, or personal injury arising from the Experience or the Local’s actions;
Shall not be liable for indirect, consequential, or incidental damages of any kind.
Participation in any Experience is entirely at the Traveler’s own risk.



10. Data Protection and Privacy

All personal data shared under this Agreement is processed in accordance with the Turkish Personal Data Protection Law No. 6698 (KVKK) and the EU General Data Protection Regulation (GDPR).
Personal data may be shared between the Traveler and the Local only to the extent necessary for booking, communication, and service delivery.
For full details, refer to the Platform’s Privacy Policy.



11. Intellectual Property Rights

All intellectual property rights in the Platform (including design, content, software, and branding) belong to Siliconmade ARGE Yazılım Bilişim A.Ş.
Locals retain ownership of their own Experience descriptions, images, and related materials but grant LocalExperience a non-exclusive, royalty-free license to use such content for service display, promotion, and marketing purposes.



12. Dispute Resolution and Governing Law

This Agreement is governed by Turkish Law, particularly:
Law No. 6502 on Consumer Protection,
Distance Sales Regulation, and
Law No. 6563 on Electronic Commerce.
In the event of a dispute, the competent authorities shall be the Istanbul Central (Çağlayan) Courts and Enforcement Offices.
LocalExperience may provide voluntary mediation support; however, final decisions regarding refunds or disputes rest with the Local unless otherwise required by law.



13. Entry into Force and Acceptance

This Distance Sales Agreement is deemed accepted and enters into force electronically at the time the Traveler completes a booking on the Platform.
By confirming a reservation, the Traveler acknowledges that they have read, understood, and agreed to this Agreement, as well as the related documents:
LocalExperience.co General Terms and Services,
Traveler Terms and Conditions, and
Local (Guide) Terms and Conditions.



14. Contact Information

Siliconmade ARGE Yazılım Bilişim A.Ş.
Registered Address: Maden Mah. Sıla Cad. C No: 44C, İç Kapı No: 4, Sarıyer / İstanbul, Türkiye
MERSIS No: 077006621670001
Tax ID: 7700662167
Company’s Registered Electronic Mail (KEP) address: siliconmadeargeyazilim@hs01.kep.tr
Phone: +90 (532) 575 16 69
Email: info@localexperience.co
Website: www.localexperience.co