Cancellation and Refund Policy
This is an English translation prepared for informational purposes. In case of any discrepancy, the Turkish version available at /iptal-ve-iade shall prevail.
1. Purpose and Scope
This Cancellation and Refund Policy (the "Policy") has been prepared to set forth the cancellation and refund principles applicable to tow truck, battery jump-start, insurance-policy services, and similar roadside assistance services offered through the digital platform (the "Platform") operated under the yoldadestek.com domain name owned by ESM Mobil Teknoloji Anonim Şirketi.
The Platform does not provide the service itself; it operates as an intermediary platform that brings together users and independent service providers in a digital environment.
2. Definitions
- User: The natural or legal person who requests a roadside assistance service through the Platform.
- Service Provider: The independent natural or legal person registered on the Platform who actually performs the service.
- Service Request: The tow truck, battery jump-start, or similar service call created by the User through the Platform.
- Match: The pairing of a service request with a Service Provider by the Platform.
- Dispatch: The moment the Service Provider notifies the Platform that they have left to perform the service at the User's location.
- Commencement of Service: The service is deemed to have started when the Service Provider is assigned by the Platform; the "en route / dispatched" status also confirms this.
Cancellation notices: may be submitted via [email protected].
3. General Principles
3.1. The services offered through the Platform are time-critical, emergency-response roadside assistance services, and cancellation and refund procedures take into account the nature of these services along with the Service Provider's time, fuel, and operational costs.
3.2. When creating a service request, the User is obligated to provide accurate and complete location, vehicle type, vehicle registration information, vehicle condition, and contact details. Providing incorrect or incomplete information may directly affect cancellation and refund rights.
3.3. Refunds are processed via the same payment method through which the payment was received.
3.4. Terms regarding insurance coverage are set forth in the Distance Service User Agreement.
4. Cancellation and Refund Terms by Service Stage
4.1. Cancellation Before Matching – 100% Refund
If the service request created by the User has not yet been matched with any Service Provider, the User may cancel the request. In this case, 100% of the service fee paid by the User is refunded.
4.2. Cancellation After Matching but Before Dispatch
If the service request has been matched with a Service Provider but the Service Provider has not yet entered "en route / dispatched" status, and the User requests cancellation:
- 70% of the service fee paid is refunded to the User,
- The remaining 30% is withheld as a cancellation fee to cover the service provider's and the platform's preparation, dispatch, time, and operational costs.
This deduction covers the platform commission and the service provider's preparation expenses.
4.3. Cancellation After the Service Provider Has Been Dispatched
The service is deemed to have started once the Service Provider notifies the Platform of dispatch. After this stage, no refund is granted for cancellations by the User.
4.4. Cancellation After the Service Provider Arrives at the Location
If, after the Service Provider arrives at the User's notified location, the User declines to proceed or refuses the service, the service is deemed to have been performed and no refund is granted.
4.5. Waiting Time and No-Show
The Service Provider waits up to 15 minutes for the User after arriving at the location. If the User cannot be reached or is not present at the location within this period, the request is considered a user-caused cancellation and no refund is granted.
4.6. Incorrect Location, Vehicle Information, or Service Selection
If the User provides incorrect or incomplete location information, selects the wrong vehicle type or service, or the vehicle's technical condition makes intervention with the standard tow truck or requested service impossible, the service is deemed to have been performed and no refund is granted.
4.7. Service Technically Cannot Be Performed
Vehicles requiring a crane, that have overturned, fallen into a ditch, or that cannot be technically transported by a standard tow truck are outside the Platform's service scope. If this is determined on site, cancellation and refund are evaluated under this Policy according to the stage at which the service ended.
5. Cancellations Originating from the Service Provider or Platform
5.1. If the Service Provider cancels the service on their own initiative after matching, a new Service Provider is first assigned to the User; if none can be found, the full service fee paid is refunded at the User's request.
5.2. If the service cannot be performed due to technical failure, system issues, or other Platform-related reasons, the full amount paid is refunded to the User.
6. Special Provisions for Battery Jump-Start Services
The principles set forth in this Policy regarding matching, dispatch, and commencement of service also apply to battery jump-start services. Once the Service Provider arrives at the location and performs the jump-start operation, the service is deemed to have been performed regardless of whether the jump-start is technically successful, and no refund is granted.
7. Exception to the Right of Withdrawal
The services offered through the Platform fall within the scope of services whose performance has begun, and are subject to the exception to the right of withdrawal under Article 15 of the Distance Contracts Regulation and Law No. 6502 on Consumer Protection.
8. Refund Method and Timing
For amounts determined to be refunded, the Platform forwards the refund instruction to the relevant payment institution within at most 7 business days. The time it takes for the refund to reflect in the User's bank account or card depends on the internal processes of the banks and payment institutions.
9. Campaigns, Discounts, and Promotions
Benefits provided under campaigns, discounts, or promotions cannot be refunded in cash. In cases requiring a refund, the refund amount is calculated based on the net amount actually collected.
10. Legal Nature
This Cancellation and Refund Policy, together with the Pre-Information Form, KVKK Information Notice, Distance Service User Agreement, and Service Provider Agreement, constitutes an integral whole of the legal relationship between the parties. Matters relating to the processing of personal data are evaluated within the framework of the Information Notice on the Protection and Processing of Personal Data prepared under Law No. 6698. By creating a service request through the Platform, the User declares that they have read, understood, and accepted this Policy.
11. Effectiveness and Amendment
The Platform reserves the right to update this Policy in line with legislation and operational requirements. Updated versions take effect from the date they are published on the Platform.
Title: ESM Mobil Teknoloji Anonim Şirketi
Address: Kurtköy Mah. Soydaş Sk. A Blok No: 2A İç Kapı No: 5 Pendik / Istanbul
MERSIS No.: 0800115782300001
Phone: 0850 840 71 16
Web: www.yoldadestek.com
E-mail: [email protected]