ACCOMMODATION SALES AGREEMENT
1.1. This agreement is entered into between Neptün Turizm Ticaret A.Ş. located at Sığacık Mah. Akkum Cad. No. 175 Seferihisar/Izmir (to be hereinafter referred to as “HOTEL”) and a declarant individual who has provided and verified his/her personal data on telephone (to be hereinafter referred to as “CLIENT”) under the terms and conditions set forth below.
1.2. HOTEL and CLIENT shall be hereinafter referred to each as a “Party” and together as the “Parties”.
2. SUBJECT, SERVICE AND TERM
2.1. This Distant Sales Agreement (to be hereinafter referred to as the “Agreement”) has been prepared in accordance with the Law on Consumer Protection No. 6502 and the Regulation of Distant Sales Contracts. The Parties of this Agreement hereby acknowledge and represent that they are informed about and understand their respective obligations and liabilities resulting from the Law on Consumer Protection No. 6502 and the Regulation of Distant Sales Contracts.
2.2. The subject of this Agreement is CLIENT’s purchase of the accommodation service which HOTEL is liable to provide, at the specified dates, and involves the stipulation of the general provisions about the services and mutual rights and obligations of the Parties in this regard.
2.3. In accordance with the provisions of this Agreement, HOTEL and CLIENT agree and undertake that they shall mutually provide the services explained below (to be hereinafter referred to each as a “Service” and together as “Services”).
2.4. CLIENT agrees and represents that he/she has been informed about and shall abide by the accommodation rules, booking rules and tariffs determined by HOTEL.
2.5. This Agreement shall be effective on the date of purchase of the SERVICE and automatically terminate as of the expiration of the SERVICE term without any need for notification. In the case of disputes, this agreement shall remain effective until the ultimate resolution of such a dispute.
3. ABOUT THE HOTEL
3.1. The hotel, situated on a peninsula as large as 10 football fields, operates as an all- inclusive resort.
4. PAYMENT, MODE OF PAYMENT AND INVOICING
4.1. The total fee of the SERVICE to be provided to CLIENT by HOTEL under this Agreement shall be inclusive of VAT.
4.2. As of the moment of execution of this Agreement, CLIENT shall be deemed to have authorized HOTEL to collect the SERVICE fee through the credit card data submitted by CLIENT. The payment shall be securely collected from the credit card data to be submitted by CLIENT on telephone. HOTEL guarantees that the credit card data with which CLIENT
has effected payment shall not be stored or copied, that there are security systems in place to prevent such copying and that CLIENT’s data shall not be shared with third parties.
4.3. During check-in, CLIENT shall demonstrate the original credit card with which he/she effected payment or a copy of its front side. HOTEL shall have no responsibility in problems resulting from the contrary.
4.4. Following payment, the booking documents shall be sent to an e-mail address to be notified by CLIENT upon CLIENT’s request.
4.5. CLIENT shall be handed an invoice for the SERVICE at check-out. If CLIENT does not receive the invoice, he/she may contact HOTEL to have the invoice sent to an address he/she specifies. HOTEL shall not be responsible for CLIENT’s failure to receive the invoice due to situations such as wrong address, CLIENT’s absence at the specified address or lack of notification of an addressee.
5. MODE OF ACCOMODATION
5.1. Each individual accommodating at HOTEL shall demonstrate his/her identification data. The information about the SERVICE purchased by CLIENT shall be verified with his/her identification during check-in. CLIENT agrees, represents and undertakes in advance to pay the extra fees that may accrue due to misinformation by CLIENT.
5.2. HOTEL admission time is 2 pm. CLIENT agrees, represents and undertakes in advance that CLIENT shall receive his/her room as of 2 pm even if he/she arrives at HOTEL earlier. CLIENT shall not use the Services provided by HOTEL before 2 pm. CLIENT agrees, represents and undertakes in advance that the use of common areas and services before the reservation time of 2 pm shall be subject to a charge of TRY 80 (Turkish Lira) per adult and TRY 40 (Turkish Lira) per child (ages 7-12), and receipt of room before 2 pm shall be subject to a charge of TRY 100 (Turkish Lira) per adult and TRY 50 (Turkish Lira) per child (ages 7-12).
5.3. Upon expiration of the SERVICE term, CLIENT shall deliver his/her room by noon at the latest. CLIENT agrees, represents and undertakes in advance that deliveries past noon shall be subject to a charge of TRY 100 (Turkish Lira) per adult and TRY 50 (Turkish Lira) per child (ages 7-12) which shall be collected at check-out.
5.4. If CLIENT wishes to extend the SERVICE term, CLIENT shall inform HOTEL on such wish at least 1 day before the Agreement termination date, and CLIENT agrees, represents and undertakes in advance that where such SERVICE is obtainable, CLIENT shall make the necessary payment on current prices.
5.5. CLIENT agrees, represents and undertakes in advance to pay the price of any additional service to be provided after he/she has delivered his/her room.
6. BOOKING CHANGES, CANCELLATION AND REFUND TERMS
6.1. CLIENT may notify HOTEL orally or in writing with regard to any SERVICE changes. Such changes may be implemented as a result of the discussions to be held upon the transmission of the reservation number allotted by HOTEL to CLIENT during booking and the personal data to HOTEL via website www.neptunclubhotels.com or on telephone.
6.2. CLIENT shall notify HOTEL about his/her request for any changes in booking at least 15 (fifteen) days before the SERVICE start date. HOTEL reserves the right to accept or reject any change requests to be notified by CLIENT after such period.
6.3. CLIENT agrees, represents and undertakes in advance to fully pay any price differences resulting from the changes to be effected upon CLIENT’s request. Where the price difference amount is not paid within 48 (forty-eight) hours following the completion of the change proceedings, such change request causing the price difference shall be deemed invalid.
6.4. CLIENT agrees and undertakes to pay a processing fee of TRY 50 in cases where CLIENT requests a change within 15 days before the reservation date for reasons excluding those documented through an official report issued by a general state hospital on death or any disorders of CLIENT or his/her immediate family that constitute an obstacle against 10 days of customary occupation with respect to CLIENT’s booking. The parties accept the provisions of the TURSAB legislation and International NO-SHOW rules in this regard.
6.5. In cancellation and refund requests made within 15 days or longer until the SERVICE start date, the refunds shall be made by setting off all transaction commission and fee deductions paid to the bank by unblocking the amount held by the bank as SERVICE fee on the credit card owned by CLIENT.
6.6. In cancellation and refund requests made within less than 15 days and more than 7 days (including day 7) until the SERVICE start date, the amount remaining after offsetting 50% of the overnight SERVICE fee and all transaction commission and fee deductions paid to the bank shall be refunded.
6.7. In cancellation and refund requests made within less than 7 days and more than 3 days until the SERVICE start date, the amount remaining after offsetting 75% of the overnight SERVICE fee and all transaction commission and fee deductions paid to the bank shall be refunded.
6.8. In cancellation and refund requests made within 3 (three) days or less until the SERVICE start date, no refunds shall be made to client.
6.9. No refunds shall be made for sales effected as special offers other than the early booking special offer. CLIENT may use the SERVICE fee paid to the hotel by deducting it from the total price of the SERVICE to be purchased at another date that he/she will specify.
6.10. In case CLIENT notifies to HOTEL any cancellation or refund requests other than documented force majeure events (death, accident, etc.) within the periods set forth above, the respective refunds for cash sales shall be made by setting off advance sales transaction commissions within 30 (thirty) business days following the notification of the request, whereas the respective refunds for sales on credit shall be made by unblocking the amount held by the bank as SERVICE fee on the credit card owned by CLIENT according to the established installment amount and date from which all transaction commission and fee deductions paid to the bank will be set off. With regard to performing cancellation and refund requests, the provisions of paragraphs 5, 6, 7 and 8 of Article (6) of this Agreement are reserved.
7. EARLY BOOKING CANCELLATION GUARANTEE
7.1. Where CLIENT purchases an “Early Booking Cancellation Guarantee” package, CLIENT shall be deemed to have accepted the conditions set forth in “Early Booking Cancellation Guarantee Notification Form” annexed to this Agreement. Where CLIENT purchases an “Early Booking Cancellation Guarantee” package, in cancellation and refund requests made without justification up to 72 hours until the SERVICE start date, HOTEL shall refund the full fee only by deducting the cancellation guarantee package fee within 15 (fifteen) business days using the same payment mode that it had been made. Early Booking Cancellation Guarantee is covered by insurance policy no. 27150584 of ERGO Sigorta A.Ş. which is under contract with HOTEL.
7.2. CLIENT shall not transfer any SERVICE purchased with an “Early Booking Cancellation Guarantee” package to another person. However, the person to whom the SERVICE is wished to be transferred may make a new booking by paying the price difference for the SERVICE purchased with an “Early Booking Cancellation Guarantee” package.
7.3. Where the SERVICE is not purchased with an “Early Booking Cancellation Guarantee” package, the provisions of Article (5) of this agreement shall apply.
7.4. Those clients who purchase an early booking cancellation guarantee shall be additionally awarded a booking cancellation guarantee.
8. BOOKING CANCELLATION GUARANTEE
8.1. CLIENT shall be deemed to have agreed on the conditions set forth in the “Booking Cancellation Guarantee – Special and General Terms” annexed to this Agreement as awarded by HOTEL. Any cancellation or refund requests made in less than 72 hours until the SERVICE start date shall be made to ERGO Sigorta A.Ş. in the mode stipulated in the “Booking Cancellation Guarantee – Special and General Terms”. If any claims to be made to the Insurance Company over SERVICE fees are positively finalized pursuant to the Insurance Specifications, the Insurance Company shall refund the respective sum by deducting 20% exemptions on the SERVICE fee. This exemption rate has been determined by ERGO Sigorta A.Ş. which reserves the right to change such rate.
8.2. Where the SERVICE is purchased without a “Booking Cancellation Guarantee” package, the provisions of Article (5) of this agreement shall apply.
8,3 The Client shall submit any claims on booking cancellation guarantee to Ergo Sigorta A.Ş.
9. DISPUTE RESOLUTION
9.1. Upon termination of this Agreement for any reason, reserving all rights and liabilities accrued until termination or any rights and liabilities explicitly or implicitly indicated to become effective or remain in effect after termination, all rights and liabilities of the Parties arising from this Agreement shall automatically end.
9.2. Waiver of any rights granted to the PARTIES under this Agreement shall be effective only when it is executed in writing. The failure of either PARTY to request the other party to fulfill its liabilities stipulated under this Agreement shall not mean a complete waiver of the right to request the fulfillment of such liabilities, neither shall it prevent such party from requesting the fulfillment of such liabilities later or result in the invalidity of the agreement in any way. Pursuant to this Agreement, where either PARTY fails to perform its obligations and the other party waives or omits to execute its right for that time only, this shall not be interpreted as tolerating breach of the agreement or removal of such liability.
9.3. HOTEL agrees, represents and undertakes in advance that it shall provide a secure environment to CLIENT throughout the SERVICE term. Notwithstanding the foregoing, CLIENT may refer to Consumer Arbitration Boards and/or Consumer Courts in legal disputes that may arise between CLIENT and HOTEL. It will be deemed as a token of good will for CLIENT to notify HOTEL in writing on such requests before such referral. CLIENT is obliged to notify the representative of HOTEL in writing on CLIENT’s any dissatisfaction about the quality of the SERVICE that HOTEL provides.
10. MISCELLANEOUS PROVISIONS
10.1. CLIENT may procure a separate insurance policy covering any claims of accident or illness before the commencement of the SERVICE. The provisions in this regard have been detailed in section “Travel Health Insurance General Terms” in “Booking Cancellation Guarantee – Special and General Terms”.
10.2. Unforeseeable conditions such as adverse weather conditions, strikes and lock-out, terrorism, military actions, floods, fires, etc. shall be deemed as force majeure events the occurrence of which may cause HOTEL to cease performing the SERVICE or have CLIENT accommodated in another facility of the same level at the same or other area.
10.3. HOTEL reserves the right to organize special events for private and public holidays such as religious holidays and New Year, and to change the content thereof.
10.4. Should any provision of this agreement become invalid, illegal or unenforceable for any reason, it shall be construed and performed in the closest possible way that it would have been performed if no such invalidity, illegality or unenforceability had occurred. The existence of such a provision that has been deemed invalid, illegal or unenforceable shall not affect the validity, legality or enforceability of the remaining provisions.
10.5. CLIENT agrees, represents and undertakes in advance that he/she shall pay any damages that HOTEL may incur upon CLIENT’s breach of any article of this Agreement.
10.6. CLIENT agrees, represents and undertakes in advance that in any dispute that may arise from performing this Agreement, records, microfilms, microfiche and computer records, facsimile records and writings and printouts of HOTEL shall constitute valid, binding, final and exclusive evidences under the relevant provisions of the Code of Civil Procedure and that this article is a written evidential contract.
10.7. This Agreement constitutes the entirety of the agreement made about the Services and supersedes all other oral or written agreements and understandings between the Parties. Confidentiality Agreement, Booking Cancellation Guarantee – Special and General Terms and Early Booking Cancellation Guarantee Notification Form are integral parts of this Agreement.
11. PROVISIONAL ARTICLES
The provisions of Articles (6) and (7) of this Agreement shall be valid until October 15, 2019.