DISTANCE SALE AGREEMENT
- This contract is agreed and signed by TETAŞ Tourism Industry Trade Inc. / (Denizatı Tatil Köyü) (hereinafter referred to as “HOTEL)), located on Meryemana Cad. No: 19 Gümüldür 35480 Menderes İzmir TURKEY on one side and by the person who declares and confirm (hereinafter referred to as “CUSTOMER) his/her personal information by completing the reservation form on Denizatı Holiday Village web site or over the phone.
1.2 HOTEL and CUSTOMER shall be referred to separately as “Party”, together as “Parties..
- SUBJECT, SERVICE AND TERM OF THE AGREEMENT
2.1. This Distance Sale Agreement (hereinafter referred to as the “Agreement)) is regulated in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The Parties to this Agreement acknowledge and declare that they know and understand the obligations and responsibilities arising from the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts under this Agreement.
2.2. The subject of this Agreement is the purchase of accommodation services provided by the HOTEL on the dates specified by the CUSTOMER and the regulation of the general conditions regarding the services and the mutual rights and obligations of the Parties within this scope.
2.3 The duration of the accommodation service subject to this agreement, the dates of check-in and check-out, the number and age of the guests, are explained in the Booking Document ( voucher ) sent with the agreement.
2.4. According to the conditions of this Agreement, HOTEL and CUSTOMER agree and undertake to mutually offer the services described below.
2.5. CUSTOMER accepts and declares that he / she has been informed about and complies with the accommodation rules, reservation rules and tariffs determined by the HOTEL.
2.6. This Agreement stands for all other agreements made in writing or orally by both Parties. The Confidentiality Agreement, the Reservation Cancellation Assurance Information Form (if any) and the Booking Document accompanying it are an integral part of this Agreement.
2.7. This Agreement shall enter into force on the date of purchase of the SERVICE and shall terminate automatically upon the expiry of the SERVICE without any notification. In the event of a dispute, this agreement shall remain in force until the final settlement of the dispute.
- PAYMENT, METHOD OF PAYMENT AND INVOICING
3.1. The total cost of the SERVICE to be provided by the HOTEL to the CUSTOMER under this Agreement includes 8% VAT and 1?COMMODATION TAX per person per night.
3.2. By signing this Agreement, CUSTOMER will authorise the HOTEL to charge the SERVICE with the credit card information provided by the CUSTOMER. Payment will be made securely with the credit card information provided by the CUSTOMER by filling-out the reservation form on HOTEL’s web site or over the telephone. The HOTEL guarantees that the CUSTOMER's credit card information is not stored, copied and has security systems that prevent it from being copied and that CUSTOMER's information will not be shared with third parties.
3.3. At the time of check-in, the CUSTOMER is required to present the credit card to which the payment is made. The HOTEL will not accept any responsibility for any problems caused by the contrary.
3.4. After the payment is made, the documents related to the reservation will be sent to the e-mail address given by the CUSTOMER.
3.5. The invoice of the accomodation is given at the time of check-out. If the CUSTOMER does not receive his / her invoice, he / she may contact the HOTEL and may ask to send the invoice to an address indicated by him / her. The hotel will not accept any responsibility for not receiving the invoice due to the wrong address, or not being present at the adress.
4.1. Each person staying at the HOTEL is required to provide identification. Upon check-in, the CUSTOMER's information filled on the reservation form will be checked with the ID. The CUSTOMER accepts, declares and undertakes to pay the extras arising from the misrepresentation of the CUSTOMER’ information.
4.2. The check-in time to the HOTEL is 14.00. Even if the CUSTOMER arrives at the HOTEL before this time, he / she accepts, declares and undertakes that he / she will get his / her room as of 14.00 at the earliest. CUSTOMERS arriving before 14.00, can use the hotel’s services and public areas until the room is ready
4.3. The check-out time is 12.00 hrs. The CUSTOMER must check-out the room at 12.00 hrs. at the latest. CUSTOMER accepts, declares and undertakes that, for all late check-outs after 12.00 hrs, he/she will be charged to pay 120 Turkish Liras (TL) for an adult and 60 Turkish Liras (TL) for a child (7-12 years) to use the hotel until 18.00 hrs.
4.4. If the CUSTOMER wishes to extend his/her stay, the CUSTOMER shall notify the HOTEL at least 1 day prior to the expiry date of the Contract. the CUSTOMER accepts, declares and undertakes to pay the difference in accordance with the current price.
4.5. The CUSTOMER accepts, declares and undertakes in advance the cost of the additional service to be provided to him after he delivers the room.
- RESERVATION MODIFICATION, CANCELLATION AND REFUND POLICY, DEATH & TRAVELING DISABILITY and RESERVATION TRANSFER
5.1 RESERVATION MODIFICATION
5.1.1 The CUSTOMER must notify the HOTEL for any reservation modification , no later than 15 (fifteen) days before the start of ACCOMMODATION.
The HOTEL will respond to modification request according to availability.
The hotel reserves the right to accept or refuse any modification requested if it is made less than 15 days before the start of the ACCOMODATION.
5.1.2 The CUSTOMER accepts, declares and agrees to pay in full, the price differences arising from the reservation modification.
If the price difference amount is not paid within 48 (forty-eight) hours after the modification is made, the modification request shall be invalid.
However, if the sum of the new reservation is lower than the previous reservation sum, the HOTEL will refund the difference to the CUSTOMER.
5.2 RESERVATION CANCELLATION - REFUND POLICY
When you want to cancel your reservation, we offer you 2 options. Cancellation with or without CANCELLATION PACKAGE.
The Cancellation Assurance Package secures your holiday and allows you to change or cancel your holiday plan due to last minute mishaps.
With the Cancellation Assurance Package, you are entitled to 100% full refund without any penalty.
For reservations purchased without a Cancellation Assurance Package , the provisions of Article 5.2.2. of this contract apply.
For reservations purchased with a Cancellation Assurance Package, the provisions of Article 6 of this contract apply.
5.2.1 RESERVATION CANCELLATION
For any reservation cancellation request, CUSTOMER must notify the HOTEL by filling the cancellation request on the hotel website or by sending an email to email@example.com.
Any verbal or over the phone cancellation requests, will not be considered.
5.2.2 REFUND POLICY ( Without the cancellation assurance package )
5.2.1 The CUSTOMER may request cancellation of reservation by notifying the HOTEL, either on the hotel website or by sending an email to firstname.lastname@example.org. All requests for cancellation, either verbal or over the telephone, will not be considered.
In case of cancellation of the reservation where the reservation cancellation assurance package has not been purchased, below terms are applicable.
If it is canceled ;
- 30 days before arrival date, 95% of the total reservation amount
- 29 to 8 days before arrival date, 75% of the total reservation amount
- 7 to 4 days before arrival date, 50% of the total reservation amount
will be refunded to the CUSTOMER.
- For any cancellations and refunds requests made 3 (three) days or less, no amount will be refunded.
Refund will be made to your credit card or by bank transfer regarding your payment method.
For any cancellations and refunds requests made within 3 (three) days or less;
- After paying 1 night NO-SHOW penalty fee, the rest of the reservation sum may be used for the payment of a new reservation determined by the CUSTOMER according to the availibility of the HOTEL
If the new reservation sum will be less than the previous reservation sum, the remaining amount will not be refunded.
5.3 DEATH AND TRAVEL DISABILITY
5.3.1 In case of sudden death or travel disability of the CUSTOMER or his/her first degree relatives before the accomodation begins, there will be 0 full refund of the reservation total, after presentation of death report or documentation which is taken only from a full-fleged state hospital as the proof of travel disability.
If this happens during the accomodation, the excuse must be submitted to the HOTEL with the proof documentation within 3 days after from the date of the CUSTOMER's departure from the HOTEL.
In this case, the remaining amount will be refunded after deducting the nights stayed.
5.4 TRANSFER OF THE RESERVATION
5.4.1 The customer may transfer his / her reservation to any person up to 15 days before the accomodation begins.
The transfered customer is responsible for the balance and the cost incurred due to the transfer.
- RESERVATION CANCELLATION ASSURANCE PACKAGE
6.1. By buying “Reservation Cancellation Assurance” package CUSTOMER considered to accept the conditions stated in the Reservation Cancellation Assurance Information Form he/she signed along with this Agreement.
For any cancellation up to 72 hours before the day of check-in, the full amount paid for the reservation will be refunded to our guest within max 30 business days
The amount charged for Cancellation Assurance Package will not be refunded.
6.2 CUSTOMER may transfer the reservation purchased along with the “Reservation Cancellation Assurance” package to any person up to 15 days before the start of the accommodation date.
The transfer customer is responsible for the balance and the costs incurred due to the transfer.
If the reservation is made during the early booking period, it is still transferable. However the new owner of the reservation must pay the difference between early booking rate and the current rate of the accomodation.
6.3. If the “Reservation Cancellation Assurance Package” is not bought along with the reservation, the terms of article (5.2) of this agreement shall apply.
7.1 The HOTEL will not share the information provided by the CUSTOMER in this agreement with the 3rd party.
The HOTEL may disclose this information only in the presence of administrative / legal obligation.
Within the scope of any kind of forensic investigation documented as a research license, the HOTEL may provide the relevant authority if he / she holds the requested information.
7.2 Credit Card information is strictly not stored. Credit Card information is used only for secure provision during the collection process and is deleted from the system after authorization.
7.3 The CUSTOMER's e-mail address, postal address and telephone number shall only be used by the HOTEL for standard room delivery and information procedures. The hotel can send campaigns and notifications to the customer's mail address, postal address and mobile phones. With the signature in this agreement, the hotel receives the delivery permission from the customer.
- OTHER PROVISIONS
8.1. The customer agrees to read and sign this agreement after receiving all information about the hotel from the website (www.denizati-hv.com) and by telephone.
The information provided to him/her will form the basis for the complaints arising from the lack of service offered at the hotel.
8.2. Even if the customer has not been able to sign this agreement for any reason, he / she has learned the terms of this agreement via the website, advertisements or e-mail sent to the specified e-mail address and is deemed to have accepted the terms of the agreement.
8.3. In case of any discrepancy between the consumer's copy of the agreement and the hotel's remaining copy, the hotel's remaining copy records will be taken as basis. Any e-mail and fax messaging between the parties shall be deemed as evidence and the company records shall be the basis.
The parties acknowledge that the addresses and telephones they have notified are the addresses and telephones of any kind of communication and notification, and that unless the written notice of any change in these addresses and telephones is made to the other party, they declare that all kinds of notifications and notifications will be made to them
8.4. The CUSTOMER may buy a separate insurance before the ACCOMODATION begins, covering all damages caused by any accident or illness.
8.5. Adverse weather conditions, strike-lockout, terror, military operations, floods, fire and so on. unforeseen circumstances will be considered as force majeure and if such conditions occur, the HOTEL may not continue to provide SERVICE or may accommodate the CUSTOMER at another facility of the same or another location at the same level.
8.6. HOTEL reserves the right to organize special events such as weddings, company events, motivation activities and change the content of the events organized within the event area within the boundaries of the facility.
8.7. If any provision of this agreement becomes invalid, unlawful or unenforceable for any reason, this invalidity shall be interpreted and applied as closely as it would have been applied if it had not been inapplicable or unlawful. The existence of such an invalid, unenforceable or contradictory provision does not affect the validity, legality and enforceability of other provisions.
8.8. The CUSTOMER accepts, declares and undertakes in advance to pay the loss incurred by the HOTEL in case of any violation of the provisions of this Agreement.
8.9. Any disputes arising from the implementation of this Agreement, HOTEL records, microfilm, micro voucher and computer records, fax records and writings and printouts, in accordance with the relevant articles of the HMK will constitute valid, binding and exclusive evidence. accepts, declares and undertakes that this article is a written evidence agreement.
- AUTHORIZED COURT AND EXECUTIVE APARTMENTS IN DISCLAIMER
9.1. If the CUSTOMER is not satisfied with the quality of the SERVICE provided by the HOTEL, it is obliged to inform the HOTEL representative in writing. Otherwise, the service offered by the HOTEL will be deemed to be presented in a perfect and timely manner and there will be no right to request any claim regarding this situation, irrevocable acceptance, declaration and commitment in its own free will.
9.2. If the quality of the SERVICE provided by the HOTEL is different from the terms and features promised in the promotions or web site, the rules written in TÜRSAB Tourism Consumers Demands Evaluation Section KÜTAHYA Schedule, Section 3 Article 17-18-19 will be applied.
9.3. HOTEL accepts, declares and undertakes to provide CUSTOMER a safe environment during the ACCOMODATION period. However, in case of any legal disputes between the CUSTOMER and the HOTEL, the CUSTOMER's appeal to the Consumer Arbitration Committees and / or Consumer Courts is open.
Before applying to these institutions, CUSTOMER’s intention to share the written complaints with the hotel and to give 14 business days response time to the hotel, is considered as an indication of good faith in the resolution of disputes.