A. DEFINITIONS
1.1. MEMBER/BENEFICIARY: The Members/Beneficiaries are the individuals entitled to receive the services offered by SD ASSIST, as specified in the Membership Agreement:
- The contract holder,
- Their partner (cohabiting spouse, fiancé, etc.),
- Their minor children (under 18 years of age),
- Adult passenger and/or second driver (over 18 years of age), provided that the extra fee specified in the agreement has been paid.
In any case, the number of beneficiaries covered by SD ASSIST is limited to the number of persons specified on the vehicle's registration certificate or determined by the relevant official authorities.
1.2. VEHICLE: A passenger vehicle not used for commercial activities.
The vehicle may be new or second-hand. Its license plate must match the registration certificate; otherwise, it will be out of scope.
Vehicles for export, classic cars, vehicles with temporary or garage plates, courier company vehicles, passenger transport vehicles, and all vehicles used for purposes other than their intended use are excluded from coverage.
1.3. BREAKDOWN/ACCIDENT: Situations considered as a Breakdown and Accident:
- A failure of the vehicle's mechanical, electrical, or electronic parts that renders it immobile or poses a hazard to traffic.
- Breakdowns caused by tires, incorrect fueling, loss of the vehicle key, or vehicle fire.
- Traffic Accident (This is valid only if the ACCIDENT Option has been selected in the Membership Agreement and the extra fee has been paid, and it applies in areas not covered by the vehicle's mandatory Traffic Insurance).
1.4. Situations not considered a breakdown:
- Breakdowns arising from failure to comply with the manufacturer's recommended periodic maintenance, the poor condition of the vehicle's windows and lights, operating the vehicle with a fault that endangers traffic and its occupants, non-compliance with traffic rules, breakdowns occurring when the vehicle is commandeered for use by official authorities in emergencies, use of the vehicle on unsuitable and unpaved roads, natural disasters, floods, earthquakes, hail (seasonal disasters), a breakdown that occurs while the vehicle is inside a repair shop or being transported from one repair shop to another, the driver not having a valid driver's license, being under the influence of drugs, stimulants, alcohol, or any other narcotic products, or transporting such substances, or the vehicle or member being involved in any criminal activity.
1.5. ADDRESS: The primary residence address (as stated in the agreement) of the contract holder.
B. VALIDITY PERIOD OF THE AGREEMENT
The validity period of the services to be provided under this agreement begins 72 hours (at the end of 3 days) after the SD ASSIST membership fee is paid to SD ASSIST's accounts or to an authorized SD ASSIST representative, and it continues for 12 months. The membership fee is indivisible and cannot be paid in installments. The SD ASSIST membership is automatically renewed for 12 months unless the Member specifies otherwise at least 32 days before the agreement's end date. If the membership fee is not paid within 7 days from the date of the membership agreement, SD ASSIST reserves the right to terminate the membership.
If the START NOW / HEMEN BAŞLA option has been selected and the extra fee has been paid, coverage becomes active 8 hours after the time of payment.
C. SERVICE DESCRIPTION AND SCOPE
The services listed below are provided by SD ASSIST to the member/beneficiaries who have paid the membership fee and whose agreement has become active.
SD ASSIST may provide the committed services itself or through authorized third parties and institutions.
2.1. MEMBERSHIP SERVICE: The Member is entitled to use SD ASSIST's services 3 (three) times per year. SD ASSIST has the unconditional right to refuse requests exceeding three instances. The Member cannot make any claim in this regard.
Under no circumstances and at no time does SD ASSIST replace or substitute for the police, ambulance, fire department, insurance companies, government institutions, or the like.
In the event of a breakdown or accident (if the ACCIDENT option is selected and the extra fee is paid) that disrupts traffic, if the vehicle is towed by the police or any other official authority, SD ASSIST may pay the cost up to 130 EURO, including taxes, to the Member or the Towing Company, provided that an invoice and/or relevant documents are presented.
SD ASSIST reserves the right to make unilateral changes to all services and conditions it offers. The Member accepts this in advance.
2.2. SERVICE AREA: The coverage area for SD ASSIST services includes the United Kingdom (England), Switzerland, European Countries, Balkan Countries, the Turkish Republic of Northern Cyprus (TRNC), and the Republic of Turkey.
2.3. ROADSIDE ASSISTANCE: In case of a breakdown or accident (if the ACCIDENT option is selected and the extra fee is paid), a roadside assistance vehicle belonging to or dispatched by SD ASSIST will provide service on roads open to traffic, including the Member's residence address. If the broken-down or accident-involved vehicle is not in an area accessible to traffic, the Member must move the vehicle to an accessible area. Otherwise, the request for roadside assistance may be denied. The vehicle in the accessible area will be towed to the nearest repair shop, or to any repair shop chosen by the Member within a maximum distance of 30 km/30 miles, or to the next nearest AUTHORIZED SERVICE CENTER. The towing cost under these conditions is covered by SD ASSIST. Repair, labor, spare parts, and shipping costs are the responsibility of the Member. SD ASSIST does not cover any repair or repair-related expenses. SD ASSIST can never be held responsible for the quality of the service provided by the repair shop, the repair cost, or any damage that may occur to the vehicle at the repair shop. For each breakdown and/or accident, the vehicle will be towed only once to the nearest repair shop, a repair shop chosen by the Member within 30 km/30 miles, or the next nearest AUTHORIZED SERVICE CENTER. If the Member has to arrange for their own towing to a repair shop after a breakdown and/or accident (if the ACCIDENT option is selected), SD ASSIST may reimburse the towing fee up to 100.00 EURO, including taxes, provided a valid invoice and proof of payment are submitted.
2.4. REPLACEMENT VEHICLE (Rental Car): If the repair of the Member's vehicle after a breakdown and/or accident (if the ACCIDENT option is selected) is not possible within 24 hours, based on the diagnostic report from the repair shop, a replacement vehicle of category A or B may be allocated for a maximum total of 5 days within the borders of the Republic of Turkey. SD ASSIST determines the number of days the replacement vehicle will be provided. A replacement vehicle is allocated if the Member's situation complies with the general conditions. SD ASSIST will pay the replacement vehicle fee for up to a maximum of five days. For a replacement vehicle to be allocated, the Member must report the accident or breakdown situation to SD ASSIST within 24 hours at the latest and also submit a request for a replacement vehicle. SD ASSIST reserves the right to deny the request for a replacement vehicle at any time. The location for picking up the replacement vehicle will be communicated to the Member by SD ASSIST. The right to a replacement vehicle, like all other membership rights, begins at the earliest three days after the payment date, provided the membership fee has been paid. The allocation of a replacement vehicle occurs if the conditions of the Member and the rental company are met (valid deposit, valid driver's license, valid credit card, and other rental prerequisites that the rental company may require); SD ASSIST is not bound by any obstacles arising from these conditions. The Member is responsible for any accidents, breakdowns, and damages to third parties that may occur while using the replacement vehicle. Unless otherwise agreed, the Member will return the replacement vehicle to the designated location at the time specified in the rental agreement. If the Member returns the vehicle rented for them more than 2 hours late, the excess time will be considered as one day, and a one-day car rental invoice will be issued to the Member. The replacement vehicle is to be returned in the same condition as it was received (e.g., full tank if received with a full tank, empty tank if received with an empty tank). Toll and bridge crossing fees incurred during the Member's use of the replacement vehicle are the responsibility of the Member. If the Member wishes to rent for a period longer than that allocated by SD ASSIST, this is a matter between the Member and the rental company. This extended rental period does not bind SD ASSIST. If the Member has to rent a car themselves after an accident and/or breakdown, SD ASSIST may reimburse the replacement vehicle fee up to 50.00 EURO per day, including taxes, provided a valid invoice and proof of payment are submitted.
D. SERVICES PROVIDED TO THE MEMBER AND VEHICLE
3.1. BREAKDOWN or ACCIDENT: In the event of a breakdown or accident (if the accident option is selected) involving the Member's vehicle, the vehicle will be picked up by SD ASSIST tow trucks and taken to the nearest repair shop. SD ASSIST cannot be held responsible for the quality of service or the repair costs of the repair shop. Any intervention on the Member's vehicle is under the Member's control and responsibility.
3.2. DIAGNOSIS: After the vehicle is left at the repair shop following an accident or breakdown, the diagnosis is made by an SD ASSIST official or by experts authorized by them. The time required for the repair and for the vehicle to be roadworthy is determined by these experts. If necessary, technical support or a report may be requested from the vehicle manufacturer and authorized service centers.
3.3. ACCOMMODATION: If the Member's vehicle cannot be repaired and returned to the Member on the same day due to a breakdown and/or accident (if the accident option is selected), hotel accommodation may be provided for the Member and the persons specified in the agreement (children under 18 are automatically included) for up to 5 nights, with a maximum of 50.00 EURO per person per night, including taxes.
Transportation costs between the hotel/accommodation and the repair shop are the responsibility of the Member.
3.4. VEHICLE REPATRIATION: If the repair of the vehicle is not possible within 21 business days, SD ASSIST may transport the vehicle to the Member's official or temporary residence address, once per contract period, provided that:
- A report from the importer/manufacturer or an authorized service center in the country where the vehicle is located, documenting that the repair is not possible within 21 business days, is provided.
- The market value of the vehicle in its country of registration exceeds 15,000.00 Euros.
3.5. TRANSPORTATION OF THE MEMBER AND PERSONS SPECIFIED IN THE AGREEMENT TO THEIR PERMANENT OR TEMPORARY RESIDENCE: Transportation is arranged by economy class flight, train, taxi, or bus. SD ASSIST determines the mode of transport depending on the location and situation. If transportation is by a third-party vehicle, the fuel cost may be covered by SD ASSIST up to a maximum total of 150.00 EURO, including taxes, provided a valid invoice and proof of payment are submitted.
If the repair time of the Member's vehicle exceeds 24 hours, the transportation of the Member and other passengers specified in the agreement to their residence or temporary holiday address will be organized by SD ASSIST. If the transportation costs have been paid by the Member, SD ASSIST may reimburse the fee partially or in full (not exceeding 25 Euros per person), provided the Member submits a valid proof of payment.
3.6. VEHICLE THEFT: In the event the vehicle is stolen outside its country of registration and is not recovered, the transportation of the Member and the persons specified in the Agreement to their official or temporary residence will be provided by SD ASSIST under the conditions mentioned above. For this, the Member must have filed a report with the police, the car insurance company, and official authorities, and subsequently submit the official reports to SD ASSIST.
3.7. VEHICLE ABANDONMENT: The Member may request assistance from SD ASSIST for abandoning the vehicle to customs. In this case, the request must be reported to SD ASSIST within 48 hours of the breakdown or accident. SD ASSIST can assist and provide guidance in cases where the vehicle needs to be abandoned to customs. However, the costs arising from customs clearance and the follow-up of all official procedures are the responsibility of the Member.
3.8. PROCEDURE TO BE FOLLOWED IN CASE OF BREAKDOWN AND ACCIDENT: In every breakdown and accident, SD ASSIST must be informed IMMEDIATELY and no later than 24 hours by the Member. For the assistance procedure to be initiated and executed in the best possible way, the Member must provide the following information to SD ASSIST promptly and completely:
- Vehicle make, model, and model year
- Location of the incident (location details; highway number, postal code, street name)
- Contact number
- Number of people traveling in the vehicle
- Route information
- If the vehicle is at a repair shop: repair shop details, repair information, and invoice (original documents)
E. OTHER CONDITIONS
4.1. COVERAGE FOR OUT-OF-SCOPE SERVICES: If the Member's right to use the services specified in the general conditions (three times a year) has been exhausted, an additional request for assistance may be accepted, provided that the membership with SD ASSIST is renewed and the costs for the extra service provided are covered by the Member.
4.2. RIGHT OF WITHDRAWAL AND REFUSAL OF MEMBERSHIP: Both parties may withdraw from the agreement unconditionally within 7 days of signing. If the Member has paid the membership fee, 80% of the fee will be refunded to the account specified by the Member within 90 days. SD ASSIST will communicate the withdrawal declaration to the Member via email or postal mail. However, if it is determined that the Member has made a false or misleading statement, SD ASSIST and/or its representative will immediately refuse the membership without written notice, and no refund of the membership fee will be made.
4.3. PRIVACY AND PROTECTION OF PERSONAL DATA: SD ASSIST uses its Members' personal information to provide them with services and information. Members' personal information is also kept to protect their rights against other organizations and is protected under the scope of the KVKK (Turkish Personal Data Protection Law). It may be used for promotional and advertising purposes in accordance with the law. The Member can update their personal information at any time. The Member acknowledges that they have been informed within the scope of the KVKK.
4.4. DECEPTIVE, INCORRECT, AND FALSE STATEMENTS: If the Member makes deceptive, incorrect, or false statements to obtain services or to claim back expenses paid (towing, hotel, rental car, etc.) during a breakdown or after an accident (if a service was requested for it), SD ASSIST has the right to refuse to provide the committed services and to take legal action.
4.5. NOTIFICATION ADDRESSES: All legal notifications from SD ASSIST to the Member will be made to the address stated in the agreement unless the Member provides a different address in writing.
4.6. SPECIAL CIRCUMSTANCES (FORCE MAJEURE): SD ASSIST is not responsible for any damage, breakdown, delay, or service limitation resulting from war, coup, internal conflict, enemy attack, any declaration considered a declaration of war, strikes, uprisings, terrorism, hostage-taking, state of emergency, martial law, epidemics, quarantine, sabotage, corruption, ionizing radiation or radioactive contamination from nuclear fuel or waste, radioactive explosions and/or undefined nuclear explosions, earthquakes, landslides, floods, or any other natural disaster. Additionally, if the access route to the incident location or the return route from it is fully or partially closed to normal vehicles, SD ASSIST may limit or stop its service.
4.7. SITUATIONS CAUSED BY THE MEMBER: SD ASSIST may refuse to provide service in cases of incorrect, deceptive, and false statements by the Member, incomplete, faulty, and incorrect maintenance and repair, recurring breakdowns, or breakdowns known before membership and not declared. Furthermore, SD ASSIST may refuse to provide service if it is determined that the driver is under the influence of alcohol, drugs, stimulants, or similar substances, or if the driver or vehicle is not legally authorized to be on the road. If the Member has any outstanding payment or debt to SD ASSIST, SD ASSIST reserves the right not to provide service. The Member cannot request service for the same breakdown if 6 months have not passed since the previous service request for that same breakdown. (During this period, the repair shop's warranty is in effect, so requests for towing, etc., should be directed to the repair shop.) The Member accepts and declares in advance that they cannot demand any service from SD ASSIST in such cases.
4.8. MULTIPLE COVERAGES: If the services offered by SD ASSIST are also covered by another insurance or roadside assistance service the Member is registered with, the Member must immediately inform SD ASSIST of this situation. The priority of the Member's registration date determines the limit of service. If SD ASSIST's services are also covered by other guarantees, SD ASSIST may refuse to provide this service. However, services not covered by other guarantees but covered by SD ASSIST may be provided to the Member.
4.9. RIGHT OF RECOURSE: The Member and other beneficiaries cannot, under any circumstances, seek recourse from SD ASSIST for any damages they suffer due to third parties (repairers, body shops, car washes, authorized services, dealers, and galleries, etc.), even if caused intentionally.
Even if a service is within the scope of the services described in the agreement, the Member cannot seek recourse from SD ASSIST for this service if their own insurance also provides the same service.
4.10. COMPETENT COURT: In the event of any dispute, disagreement, and even conflicts arising from the priority of service provision in the case of dual contracts, the Courts and Enforcement Offices of GERMANY and the REPUBLIC OF TURKEY, where international law is applicable, shall have jurisdiction.
The Intellectual and Material Rights of the provisions in this Agreement belong to SD ASSISTANCE BV and SEYAYATDOSTUM A.Ş. Copying, reproducing, distributing, modifying, and any other action without the written permission of SD ASSIST is prohibited and subject to criminal and civil penalties. SDASSIST LEGAL DEPARTMENT 2024
