1. Scope and Parties
1.1. This Refund and Cancellation Policy regulates the conditions for the refund of the brokerage commission fee paid by the Carrier to the Platform through the akillitasima.com Platform operated by Akıllı Taşıma (hereinafter the "COMPANY" or the "PLATFORM").
- The only fee collected through the Platform is the brokerage commission fee collected from the Carrier. This Policy applies only to this fee.
- The fee for the transport service (the transport charge paid by the Shipper to the Carrier) does not pass through the Platform and is paid directly by the Shipper to the Carrier. The Platform is not a party to this payment and bears no responsibility regarding the refund of the transport charge. Disputes on this matter are resolved between the Shipper and the Carrier.
2. Nature of the Brokerage Service
2.1. The brokerage service provided by the Platform is deemed to have been performed immediately and in full at the moment the Shipper's identity and contact details are displayed to the Carrier in the electronic environment after the Carrier completes the commission payment.
2.2. Pursuant to Article 15, paragraph 1, subparagraph (ğ) of the Distance Contracts Regulation, this service is a "service performed instantly in the electronic environment" and, by its nature, is not subject to the right of withdrawal.
2.3. Furthermore, considering that the Carrier in most cases does not have the status of a consumer (acting within the scope of commercial activity as a taxpayer), the right of withdrawal under the Consumer Protection Law No. 6502 does not apply either.
3. Cases Where the Commission Is Refunded — Shipment Not Carried Out
3.1. Basic principle: The brokerage commission paid by the Carrier is refunded to the Carrier in full and in cash, upon request, if the agreed shipment is not carried out. Since the commission is the financial consideration for the brokerage service, the Platform does not retain this commission if the shipment has not actually been carried out.
3.2. The following situations — without limitation — fall within the scope of "the shipment not being carried out" and give rise to a commission refund:
- The Shipper abandoning the cargo or cancelling the shipment,
- The Shipper not being ready on the day of shipment, being unreachable or not handing over the cargo,
- The listing being found to be fake/fictitious,
- The shipment being impossible to carry out due to force majeure, natural disaster or legal impediment,
- The Carrier and the Shipper abandoning the agreement by mutual consent (provided the shipment has not yet started),
- The service being impossible to perform due to a technical error of the Platform,
- Commission being collected more than once by mistake for the same transaction (duplicate collection).
4. Cases Where the Commission Is Not Refunded
In the following cases the commission fee is not refunded, because the brokerage service has been completed and the shipment has actually been carried out, or because the situation arises from the Carrier's fault:
- If the shipment has actually been carried out and completed (since the brokerage service is deemed to have been performed).
- Damage, loss, delay or similar harm to the cargo during transport (this is the subject of the transport contract between the Carrier and the Shipper; the Platform is not a party).
- The Shipper failing to pay the transport charge to the Carrier (since the transport charge does not pass through the Platform, it is not subject to refund; this is resolved between the Carrier and the Shipper).
- Complaints about the Carrier's service quality, authorization certificate, insurance or vehicle (the Platform is not responsible for checking these elements).
- If membership is suspended or terminated due to conduct contrary to the Membership Agreement (attempting to bypass the commission by steering users off the Platform, fake listings/offers, etc.), commission paid for transactions within the scope of the violation is not refunded.
5. Refund Application, Process and Time Limit
5.1. Commission refund requests are made through the following channels within 14 (fourteen) days at the latest from the date it becomes clear that the shipment will not take place:
Contact: akillitasima.com/iletisim
5.2. Information that must be included in the application:
- Member name, surname/trade name,
- Member number / e-mail,
- The relevant listing number and match date,
- Payment receipt / reference number,
- The reason for the refund request (together with evidence/screenshots if possible).
5.3. The Platform reviews the application and makes the commission refund to the card/account from which the payment was made within 14 (fourteen) days at the latest from the date the application is received.
5.4. Since the refund is processed through the virtual POS provider PayTR and the banks, it may take an additional 1 to 10 business days for the refund to appear on the Carrier's card statement/account, depending on bank processes. This period, which is outside the Platform's control, is not included in the 14-day refund obligation.
5.5. The commission refund is made to the original payment method (the card/account used). No refund is made in cash or to a different account.
6. Cancellation of the Listing (Before Agreement)
6.1. The Shipper may cancel their listing free of charge at any time before an agreement is reached.
6.2. The Carrier may withdraw their offer at any time before an agreement is reached. In this case, since no commission payment has been collected, no refund arises.
6.3. If the Carrier has not made the commission payment after an agreement is reached, the system automatically cancels the agreement after a certain period and the Listing can be reactivated.
7. Dispute Resolution
7.1. Disputes regarding refund requests are first attempted to be resolved through the Platform's customer services.
7.2. If no resolution is reached, Turkish law applies and the Courts and Enforcement Offices of Samsun have jurisdiction. If the Carrier has the status of a consumer, the jurisdiction of the Consumer Arbitration Committees and Consumer Courts under Law No. 6502 is reserved.
8. Changes to the Policy
The COMPANY reserves the right to amend this Policy. The current text is published on the Platform. For transactions completed before an amendment, the Policy in force on the transaction date applies.
Şabanoğlu Mah. 62 Cad. No: 10 Tekkeköy/Samsun
info@akillitasima.com · +90 535 718 99 78