Distance Service Sales Agreement
ARTICLE 1. PARTIES OF THE AGREEMENT and DEFINITIONS
On one side, MALHUN OTEL, which carries its commercial activities at the address of Foça Mah. 1085 sok. No:20 Fethiye 48300 Muğla and hereinafter to be referred to as the “HOTEL” shortly; on the other side, a real person and/or a legal entity hereinafter to be referred as the “CUSTOMER” shortly; with reference to the following articles the above parties (hereinafter to be referred to as the “PARTIES”) have been executed this agreement by taking into consideration that this agreement to be an official offer and to comprise all the conditions to present a paid accommodation service and the provisions set out below to be (absolutely) binding for the parties and partaking on the www.lekahotels.com Internet page and not to be amended by the CUSTOMER.
ARTICLE 2. SUBJECT AND THE TERM OF THE AGREEMENT
- Pursuant to this agreement, upon the request of the CUSTOMER, the HOTEL is liable to provide accommodation service in the HOTEL on the dates specified through the reservation form on the www.malhun.com website. (Hereinafter to be referred to as the “SERVICE”.)
- In conjunction with the execution of this agreement (at the moment of the reservation being acknowledged) the CUSTOMER agrees, states and undertakes that it has been informed on the accommodation rules, reservation rules and the tariffs determined by the HOTEL and to observe these rules in advance.
- As from this agreement been executed, the HOTEL shall confirm the request of the CUSTOMER.
- This agreement shall become valid on the date of the SERVICE been bought and if no dispute occurs during the term of the SERVICE, the SERVICE shall be deemed invalid at the end of the term right after the moment, the CUSTOMER left the OTEL. In case of any occurrence of a dispute, this agreement shall be valid until the exact solution of the dispute.
ARTICLE 3. TYPE OF ACCOMMODATION’S RESERVATION
- The reservation of the SERVICE will be actualised by the CUSTOMER, through completing the reservation form partaking on the www.malhun.com Internet page in full and giving accurate information.
- After the reservation been made through www.malhun.com Internet page, if the CUSTOMER wishes to cancel the reservation or to make any amendments on the reservation, subject to agree and to observe the conditions specified in the Article 5 of this agreement, the CUSTOMER in person or an attorney expressly authorised by the CUSTOMER may practise any process of cancellation or amendment, by access to the required SERVICE information on the Internet or reaching the OTEL on the telephone number (+90 252 622 11 24) to get in contact with the reservation office.
- Child discounts are only valid, subject to at least one (1) adult staying in the same room. Otherwise no child discounts to be applied.
- The age of the children to be calculated considering the actual date of the reservation been made. At the time of the checking-in to the HOTEL, the CUSTOMER shall be liable to substantiate the information given for the reservation through an official ID document, to be deemed valid pursuant to the Turkish Republic laws. With reference to each child, whose age cannot be substantiated and deemed to be an adult, the CUSTOMER in advance agrees, states and undertakes to pay the occurred price difference to the HOTEL.
- With reference to each child, whose age cannot be substantiated and deemed to be an adult, the CUSTOMER in advance agrees, states and undertakes to pay the occurred price difference to the HOTEL.
- In case the CUSTOMER arrives at the HOTEL in company of a person and/or persons, different and more than the actual reservation made thereto, the CUSTOMER in advance agrees, states and undertakes to pay the occurred price difference to the HOTEL at the checking-in. Subject to the availability of the rooms, the HOTEL reserves the right to accept or to refuse the extra arrived persons without any notice thereto.
ARTICLE 4. METHOD OF PAYMENT
- Following the on-line reservation process, as being directed the CUSTOMER shall perform the payment through the 3D Secure security system in a reliable way, by entering its credit card particulars on the payment screen.
- The OTEL hereby warrants that the data on the credit card, which the CUSTOMER performed the payments is not withheld and/or copied and their security systems will inhibit the replication and they will not to share the data of the CUSTOMER with the third parties. The OTEL also shall not be held responsible in any way for any security holes and data replication and data collection programs relevant to the security stored in the personal computer of the CUSTOMER at the time of the payment and the inadvertent data, documents and secrets of the CUSTOMER to be passed to the third parties and any loss incurred thereto.
- During the checking-in, the CUSTOMER is be liable to produce the original credit card which the payment has been performed or the photocopy of its front face., the OTEL shall not assume responsibility of any other problems incurred thereto.
- With regard to the SERVICE tendered, the invoice of the CUSTOMER shall be submitted on the departure of the OTEL. If the CUSTOMER does not take its invoice, the CUSTOMER may ensure for the invoice to be sent to a specified address after contacting the OTEL thereto. The OTEL shall assume responsibility of any non-receipt of the invoice due to the address being incorrect or the CUSTOMER not to be at that address or the receiver not been indicated.
- With reference to the sales under a CAMPAIGN, the increase or decrease of the campaign price on which the CUSTOMER performed the payment shall not affect the buying price under no circumstances. The CUSTOMER shall be invoiced over the SERVICE price effective on the day and hours of the actual buying.
ARTICLE 5. CONDITIONS TO AMEND AND CANCEL THE RESERVATION
- The CUSTOMER in advance agrees, states and undertakes to pay the price differences incurred by the amendments in accordance with its requests made thereto. Following the amendment process been actualised, if the amount of the price difference has not been paid within forty-eight (48) hours, the request of the amendment subject to the price difference shall be deemed to be invalid.
- With reference to any request for an amendment of reservation, the CUSTOMER shall be liable to notify the OTEL latest six-teen (16) days in advance as from the date of the beginning of the SERVICE. Subject to the availability of the rooms, the OTEL reserves the right to accept or to refuse any requests of amendments stated after the specified dates.
- Excluding the substantiated states of force majeure (e.g. death, accidents etc.), if the requests of cancellations and refunds to be made by the CUSTOMER to the HOTEL within twenty (20) days following the actual reservation been confirmed, the refunds shall be made for the cash sales by the set off of the sales process commissions and for the instalment sales without any deductions within ten (10) business days following the request been made; for the requests made after the twenty (20) days, the refunds shall be made by the set off of all the process commissions paid to the bank and price deductions and through the blockage imposed on the credit card of the CUSTOMER for the SERVICE price to be lifted by the bank.
- With reference to any cancellation and refund requests made fifteen (15) days prior to the beginning of the SERVICE, the refunds shall be made by the set off of all the process commissions paid to the bank and price deductions and through the blockage imposed on the credit card of the CUSTOMER for the SERVICE price to be lifted by the bank.
- With reference to any cancellation and refund requests made seven (7) days prior to the beginning of the SERVICE, the refunds shall be made over a balance calculated by the set off of the amount for two (2) nights of the SERVICE plus all the process commissions paid to the bank and price deductions.
- With reference to any cancellation and refund requests made three (3) days and/or less, no refunds shall be made.
- Clauses (d), (e) and (f) of this Article shall be processed in priority of the Clause (c).
- There shall be no refunds made in regard of the sales actualised under the CAMPAIGN. With reference to the SERVICE price paid to the OTEL, the CUSTOMER may use this total amount as a discount of a SERVICE total to be bought for another date to be determined by the CUSTOMER.
ARTICLE 6. METHOD OF ACCOMMODATION
- It is mandatory for every person staying in the OTEL to submit their personal identification data. During the checking-in, the particulars of the CUSTOMERS entered to the reservation screen and the particulars on the Identification Card shall be checked. The CUSTOMER in advance agrees, states and undertakes to pay the extras to be borne by any incorrect data and information given thereto.
- Time of acceptance to the OTEL is 14.00 o’clock. Even if the CUSTOMER arrives in the OTEL earlier than this time, the CUSTOMER in advance agrees, states and undertakes to take over its room earliest at 14.00 o’clock.
- When the term of the SERVICE is ended, the CUSTOMER must deliver its room latest 12.00 o’clock. The CUSTOMER in advance agrees, states and undertakes that thirty percent (30%) of the price of the room for one night to be charged for the rooms delivered between 12.00 and 16.00 o’clock and the whole price of the room for one night to be charged for the rooms delivered after 16.00 o’clock and these charges to be cashed at the departure.
- The CUSTOMER in advance agrees, states and undertakes to pay the price of any additional SERVICES provided after the CUSTOMER delivered the room.
- The OTEL shall not accept any pets.
- The OTEL reserves the right perform concept amendments according to the intensity of the guests in the months of April – May and September – October.
- After the CUSTOMER settles in the OTEL, if the CUSTOMER waives the SERVICE for any reason excluding the states of force majeure (e.g. death, accidents etc.) and other than the OTEL neglecting its responsibilities, the CUSTOMER in advance agrees, states and undertakes to pay the price of the SERVICE for minimum three (3) nights of accommodation.
ARTICLE 7. LIABILITIES OF THE PARTIES
- If the CUSTOMER is not satisfied with quality of the SERVICE given by the HOTEL, the CUSTOMER is liable to notify representative of the HOTEL of the situation. Otherwise, the CUSTOMER with its free will, in advance and irrevocably agrees, states and undertakes that the SERVICE given by the OTEL shall be deemed to be perfect and promptly and there shall be no right to claim relevant to the mentioned situation whatsoever.
- If the CUSTOMER violates any provisions of this agreement, the CUSTOMER in advance agrees, states and undertakes to pay the OTEL for any losses incurred.
- The OTEL in advance agrees, states and undertakes to present the CUSTOMER a secure environment during the term of the SERVICE.
ARTICLE 8. OTHER PROVISIONS
- Unpredicted events like adverse weather conditions, strikes – lockouts, terror, military operation, floods, fires etc. shall be deemed to be states of force majeure and in case of these type of events occur, the OTEL may discontinue to give the SERVICE or may let their CUSTOMERS to stay in a facility of the same level in the same or another region.
- With reference to the religious festivals, festive days, New Year, special and official holidays etc., the OTEL reserves the right to organisation nights and to alter the scope of the organised night, thereto.
- Istanbul Courts and Enforcement Offices of the Turkish Republic shall be authorised to settle any disputes arising from this agreement.
ARTICLE 9. SEVERABILITY OF THE PROVISIONS
- If any provision of this agreement becomes invalid, illegitimate or inapplicable due to any reason, it shall be construed and implemented according to the nearest application, as if this invalidity, illegitimacy or inapplicability has not been occurred at all. The existence of a provision affirmed to be invalid, illegitimate or inapplicable shall not affect the invalidity, illegitimacy or inapplicability of the other provisions.
- Furthermore, if any terms and conditions set forth in this agreement is implemented by the PARTIES differently, this situation shall not imply that this article has been agreed as it is or the subject-matter implement shall not affect the validity of the other articles. Also, the inapplicability of some articles cannot be construed as these subject-matter articles have been abolished.
ARTICLE 10. EVIDENTIAL AGREEMENT
With reference to any dispute may arise from the implementation of this agreement, the CUSTOMER in advance agrees, states and undertakes that the records, microfilm, microfiche and computer records, facsimile records and letters and prints belonging to the OTEL, shall constitute valid, effective, binding, absolute and exclusive evidence pursuant to the Law of Procedure and this article to be the evidential agreement, thereto.
ARTICLE 11. WAIVER
The waiver of the rights vested to the PARTIES under this agreement shall only be valid, if the waiver is issued in writing. If one of the PARTIES neglects to demand the other party to perform the liabilities set forth in this agreement, this situation shall not be meant as if the PARTY has not fully waived to demand the liabilities to be performed; and it shall not inhibit to demand these liabilities to be performed later and to result in nullifying this agreement.
Pursuant to this agreement, in the cases of the PARTIES cannot materialise the mandatory matters and one of the PARTIES waives to use of any rights for that time only or neglects to use the right shall not to be construed as the contravention to the provisions of this agreement has been condoned and the subject-matter liability has been abolished.